Privacy Policy

PRIVACY POLICY

We, OGUN CONSTRUCTION TECHNOLOGIES, S.L. (hereinafter referred to as “OGUN”), welcome you to our Privacy Policy.

We respect your privacy and are committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or when you use the OGUN Platform, as well as inform you about your privacy rights and how the law protects you.

This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy here.

We highly recommend you to read our Privacy Policy carefully. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy and do not hesitate to contact us if you have any doubt.

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how OGUN collects and processes your personal data through your use of this website, including any data you may provide through this website when you register for or use the OGUN Platform.

This website and the OGUN Platform are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with any other Privacy Policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other policies and is not intended to override them.

  

Contact details

OGUN is the controller and responsible for your personal data.

Our contact details are:

Full name of the entity: OGUN CONSTRUCTION TECHNOLOGIES, SL

Address: C/ Montecassino 4, Bj. 2ª Barcelona 08006

Email: general@ogun.site

 

Changes to the Privacy Policy and your duty to inform us of changes

This version was last updated on 5 February 2019 and historic versions are archived here.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

Third-party links

This website and the OGUN Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

  • Identity Data includes first name and surname, username or similar identifier.
  • Contact Data includes email address.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website and the OGUN Platform.
  • Profile Data includes your username and password, any feedback or survey responses you may give us.
  • Usage Data includes information about how you use our website and the OGUN Platform.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be used in accordance with this Privacy Policy.

If you are a candidate to a job, we will process your personal data for attending to your application, manage the recruiting process and, where appropriate, to formalize the employment contract.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with access  to the Ogun Platform). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

In case you are a candidate to a job and you fail to provide your personal data, we will not be able to evaluate your candidacy.

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity and Contact by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you create an account on our website, subscribe as a user of the OGUN Platform, give us any feedback or apply to a job opportunity.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Mailchimp
  • Intercom
  • Recruitee

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
  • Where we need to comply with a legal or regulatory obligation; or
  • Where we have your consent (in order to send direct marketing communications to you via email or text message). You have the right to withdraw consent to marketing at any time by contacting us.

 

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity Type of data (among others) Lawful basis for processing including basis of legitimate interest
To register you as a new user of the OGUN Platform

(a) Identity

(b) Contact

Performance of a contract with you
To process and deliver the OGUN Platform service to you

(a) Identity

(b) Contact

(c) Order Information

(d) Delivery Information

(e) Documentation

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to develop the OGUN platform in beta-test)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or Privacy Policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(a) Performance of a contract with you

(b)  Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to further develop the OGUN Platform in beta-test)

To administer and protect our business and this website and the OGUN Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Performance of the contract with you.

(c) Necessary to comply with legal obligations.

To use data analytics to improve our website and the OGUN Platform, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for the OGUN Platform, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To transform your personal data into aggregated data to perform business intelligence activities (your personal data will be converted into non-personal data)

The legal basis is the performance of the contract with you, since we are only able to provide you with our services due to the outcomes derived from the business intelligence activities.

Also, the legal basis is our legitimate interest in performing our business model.

To show you sponsored information through the Platform

(a)    Identity

(b)    Contact

(c)    Technical

(d)    Usage

(e)    Profile Data

The legal basis is the performance of the contract with you, since we are only able to provide you with our services due to the outcomes derived from the sponsored information.
To send marketing communications to you by email or text message

(a)    Identity

(b)    Contact

(c)    Technical

(d)    Usage

(e)    Profile Data

The legal basis is your consent, which you explicitly gave to us.
To manage your job application

(a)    Name

(b)    Email

(c)    Phone number

(d)    Photo

(e)    CV/Resume

 

The legal basis is your consent, which you explicitly gave us to us.

 

Cookies

We use cookies in accordance with our Cookies Policy.

The use of any personal data connected to cookies shall respect both the Privacy Policy and the Cookies Policy.

 

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may have to share your personal data with external third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the applicable law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We do not transfer your personal data outside the European Economic Area (EEA).

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy, which you can request by contacting us.

In some circumstances, you can ask us to delete your data: see Request erasure below (Clause 10) for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

We may process the information and personal data that you share with other users through the Platform acting in our role as Data Processors. Please check Annex I.

You have the right to obtain information regarding the processing that Ogun does with your personal data. In particular:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

The rights above may be exercised by sending an e-mail to general@ogun.site and following our instructions.

If you believe our processing of personal data about you is inconsistent with the applicable data protection regulations, you have the right to lodge a complaint to the Data Protection Authority, especially when you have not obtained satisfaction in the exercise of your rights. Please for further information regarding supervisory authorities, you can consult the following link: https://www.aepd.es/.

In any case, before lodging a complaint to the supervisory authority, we would thank you if you could contact us sending an email to general@ogun.site, in order to solve any dispute arise in a friendly way.

 

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract, including to access or use the OGUN Platform.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Ogun may process the information and personal data that you share with other users through the Platform acting as a Data Processor.

We want to inform you about the way we process your personal data as data processors, in accordance with Article 28 of Regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 in the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter, the “GDPR”).

 

FIRST.- OBJECT

1.1.- The purpose of this Annex is to establish the requirements and protection and confidentiality conditions under which Ogun has to process your personal data on behalf of the Data Controllers.

1.2.- We may process all the types of personal data that you include in the Platform (we do not have specific information regarding the personal data that you will use, and therefore, we understand that you may use any type of data).

1.3. The nature of the processing of your personal data may be:

  1. Data structuring
  2. Data retention
  3. Data communication
  4. Data erasure

 

SECOND.- CONTRACT TERM.

2.1.- These obligations have full effect while you are registered in our platform and from the moment in which you share information with other users through the Platform.

2.2.- In the event that the nature of the duties established in this Annex are of uncertain nature or simply longer lasting, will remain to be in force, although the Annex validity has terminated to other effects.

 

THIRD.- OGUNS’ OBLIGATIONS.

Ogun has the following duties:

  1. Processing the personal data only on documented instructions from the controller, unless required to do so by EU or Spanish law to which the processor is subject; in such a case, Ogun shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
  2. Ensuring that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  3. Adopting all appropriate technical and organizational measures to guarantee an adequate security level to the risk of the personal data in accordance with the provision of article 32 GDPR.
  4. To respect the conditions stated in the following Clause 4 regarding the subcontracting;
  5. Taking into account the nature of the processing, assisting the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights;
  6. Assisting the controller in ensuring compliance with the obligations pursuant to Article 32 (security of processing), 33 (Notification of a personal data breach to the supervisory authority), 34 (Communication of a personal data breach to the data subject), 35 (Data protection impact assessment) and 36 (Prior consultation) of the GDPR, taking into account the nature of processing and the information available to the processor;
  7. Informing the Controller without undue delay when a request for the exercise of rights by a data subject is received. Also, collaborating with the Controller in the management of the requests.
  8. To the choice of the Controller, reassuring or returning of all personal data once the provision of the services terminate, erasing the existing copies unless the storage is required (in any event applying the security measures which are relevant in accordance with the GDPR and other applicable regulations).


FOURTH.- SUBCONTRACTING.

By virtue of this Privacy Policy and this Annex, you authorize us to subcontract third parties in order to provide our services to you. These subcontractors shall be affected by the same obligations as Ogun regarding the processing of your personal data.

COOKIES POLICY

Our website uses cookies to distinguish you from other users of our website and the OGUN Platform. This helps us to provide you with a good experience when you browse our website and/or use the OGUN Platform, allows us to improve our site and the OGUN Platform, and helps us to tailor the marketing you see.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • Analytical/Performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website and the OGUN Platform when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website and the OGUN Platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). 
  • Targeting cookies. These cookies record your visit to our website and usage of the Ogun Platform, the features you have used, pages you have visited and the links you have followed. We will use this information to further develop the OGUN Platform in beta-test. We may also share this information with third parties for this purpose.
  • Marketing cookies. These cookies help us decide which of our services may be relevant for you. We may use this data to tailor the marketing and ads you see on our website and the OGUN Platform.

Some of the third-party cookies used in this website are the following:

  • Google Inc. manages analytical cookies (Google Analytics) and marketing cookies (Google Tag Manager, Google Optimize, Google Keyword Planner);
  • Intercom, Inc. manages performance and functionality cookies (Intercom);

If you wish to receive any further information on each of these individual cookies, please contact us sending an email to general@ogun.site.

You can block and delete cookies by activating the setting on your browser.

Please take into account that if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site and the Ogun Platform.

Except for essential cookies, all cookies will expire after a maximum of 2 years.

REGISTRATION CONDITIONS

Please read the Registration Conditions (hereinafter, “the Conditions”) carefully before using the platform.

The website “app.ogun.io” (hereinafter, “the Platform”) offers a collaborative platform for construction sites to manage their planning, suppliers, files and discussion.

In these Conditions, you will find information regarding the content standards that apply when you use the Platform.

“app.ogun.io is a Platform operated by Ogun Construction Technologies, S.L. (hereinafter, “We” or “Ogun”).

We are registered in Spain under company number B-67251918 and have our registered office at C/ Montecassino 4, Bj. 2ª Barcelona 08006. The company is registered with the Commercial Registry of Barcelona with the following data: volume 46504, folio 125, sheet B-522177.

For further information, please do not hesitate to contact us, please email mailto:general@ogun.site.

There are additional policies and terms of use that will also apply to you while using the Platform:

  • Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on the Platform.
  • Our Terms of Use, which sets out information about our informative website.

We may update and change these Conditions from time to time to reflect changes that may occur to the services that the Platform offers and to our business priorities.

After making a substantial change on the Terms, we will give you a reasonable notice well in advance, to give you the chance of reviewing the new wording and deciding whether you want to unsubscribe from the Platform.

Only in case we make a minor change, we will inform you without prior notice. Such changes shall be effective immediately upon notice thereof.

We can notify you those changes by email.

The use of the Platform after the aforementioned notice of revisions or additions to these Conditions shall constitute your agreement to such revisions or additions. We inform you that it is possible that our Platform contains information and/or materials with errors, omissions, or typographical errors or sometimes may be out of date. Thereupon, the abovementioned inconvenient could be changed, deleted or updated at any time without prior notice.

  • Before using the Platform, we would like to inform you about the following: In order to use our Platform, you must be 16 years old or older.
  • In order to use our Platform, you must create an account by means of registration. Your name, surnames, email address and password will be required. If you do not agree to give us your personal data, please do not continue using the Platform. For more information about the processing of your personal data, check the Privacy Policy.
  • Before using this Platform, you need to click the check box, confirming that you have acknowledged, read and accepted these Conditions and that you totally agree to comply with them. If you do not agree, or do not want to be bound by these Conditions, you must not continue to use our Platform.
  • After registering, you will receive by email a copy of these Conditions, for future reference. However, you can always find these Conditions on the footer of the Platform.
  • If you ever need to modify or correct your personal data, you can [*].
  • You can find these Conditions in English or Spanish.
  1. Treat your user name and password as You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at general@ogun.site.
  2. Grant the reliability and accuracy of the Content introduced in our Platform, as well as of the submitted or sent documents. Another obligation is to update the documents and/or information as many times as necessary.
  3. Grant that the personal data, which you have provided us with, is accurate and up to date.
  4. Create a safe and solid password.
  5. To use correctly the Platform, medium whereby we provide you with the service, in accordance with law and good faith.
  6. To pay, if applicable, the advertisement services.
  7. To respect and comply with the applicable additional Privacy policies.

You may use the Platform only for lawful purposes. You may not use our Platform under any circumstances:

  • In any way that breaches any applicable local, national or international law or
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content standards (view below).
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses,
    Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of our Conditions.
  • Not to access without authority, interfere with, damage or disrupt:
    • Any part of the Platform;
    • Any equipment or network on which the Platform is stored;
    • Any software used in the provision of the Platform; or
    • Any equipment or network or software owned or used by any third party.

We use the Platform to offer you guidelines based on the aggregated information collected from the Users and their projects uploaded on the Platform. This information is processed on an aggregated basis in order to protect the confidentiality of the Contributions and the personal data included (as set forth in our Privacy Policy).

Please note that these guidelines are merely informative and are not intended to be any kind of instructions or recommendations. Therefore, we do not offer any kind of guaranteed results. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.

We may from time to time provide interactive services on the Platform (hereinafter, “Interactive Services”), including, without limitation:

  • Feedback or suggestions submission pages
  • Chat rooms in order to solve technical problems or to suggest posting a comment on the Platform
  • Bulletin boards

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated, and what form of moderation is used (including whether it is human or technical). Please, bear in mind that for further information you can check the abovementioned Privacy Policy.

We will do our best to assess you in any possible risks that you may incur in (and, in particular, for children) from third parties when they use any interactive service provided on our Platform. We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be aware of the potential risks to them.

These content standards apply to any and all material or written contribution which you upload to our Platform (hereinafter, the “Contribution”), including, but not limited to, the technical information or documentation (such as floor plans or organization frameworks), your written contributions in any interactive services or your publicity appearing on the Platform.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. The Content, in accordance with the Platform purposes, must be strictly professional. Any other Content regarding different purposes therefore is forbidden.

Ogun will determine, in its discretion, whether a Contribution breaches the Content Standards.

 

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Spain and in any country from which it is posted.
  • When the contribution is publicity, it must comply with the applicable legislation on advertising and it must include all the compulsory information according to the online commercial communication legislation.

 

A Contribution must not:

  • Be defamatory of any person or business.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any intellectual property right of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person or business.
  • Be likely to cause commercial damage or harm to any business.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Ogun, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other users of the Platform, you must comply with the Content Standards set out in these Conditions.

Please be informed that we do not verify, check nor guarantee the content of the documents uploaded to the Platform.

You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties, according to the Platform’s utilities.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on the Platform if, in our opinion, your post
does not comply with the content standards set out in these Conditions.

You are solely responsible for securing and backing up your content.

By using this Platform, you will only be able to see the information and Contributions of the members of your project. Please note that your personal details, project details and your Contributions will not be visible for third users to which you have not engaged with in our Platform.

If you undertake with us to advertise your products or services through the Platform, you must grant us that (i) the advertisements comply with all the applicable legislation on publicity, and (ii) the advertisements include all the compulsory information according to the online commercial communication legislation.

We are not responsible for the advertising information nor the Contributions appearing in the Platform.

For further information, do not hesitate to contact general@ogun.site.

This website may include information and materials (such as dates, deadlines, assumptions or approvals) uploaded by other users of the Platform, including bulletin boards, chat rooms and publicity.

This information and these materials have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values. Please note, that We reserve the right to access to the chat rooms in order to verify, or in case of a tort, that the users are complying with the law.

If you wish to complain about information and materials uploaded by other users please contact us by email to general@ogun.site.

You can unsubscribe voluntarily at any time as long you notify the party with whom you might be maintaining a contractual relationship with a minimum of one (1) month in advance. Once you decide to unsubscribe, please write an email to the following address: general@ogun.site.

Please note, that We reserve the right to store your data, as well as the Content you have given us, as long as it is necessary to comply with our legal obligations. For further information, check the Data Privacy Policy.

The access to the Platform is subject to a charge. For more information about the pricing, please check https://ogun.site/en/pricing/.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

When we consider that a breach of these Conditions has occurred, we may take such action as We deem appropriate.

Failure to comply with these Conditions constitutes a material breach of these Conditions upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Platform.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to the Platform.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We guarantee that, as a general rule, We will not access the content of the documents uploaded to the Platform. We will only access them if there is a legitimate or legal cause to do it (for example, to comply with a court injunction of when We have prima facie evidence of the infringement of these Terms or other legal rules).

By using this Platform, you accept to keep the acknowledged, communicated and/or downloaded information in strictly secret. You undertake not to disclose, publish, directly or indirectly, give them to third parties without the previous written consent of the affected party.

Furthermore, the users that subscribe a provision of services undertake to make available only and exclusively the needed information to those natural or legal persons who need it in order to develop the business construction project successfully always regarding and ensuring the confidentiality.

There are different limitations and exclusions of liability that will apply to liability arising as a result of the supply of any services to you:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or the gross negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We nevertheless, reserve the right to claim to the defaulting party the total amount of the direct or indirect damages that could cost us a tort or an extrajudicial arrangement by means of reliable and recognised systems of mediation and arbitration. As well, We reserve the right to claim to the defaulting party our legal defence costs, as well as all costs and expenses incurred in connection with the claim (including those of lawyers).
  • In any other liability cases, which are not included in the abovementioned point, We will never be responsible. In other words, We will never be responsible for, including but not limited, direct or indirect loss or damage, breach statutory duties and, even if foreseeable, the suspension of the service, the cancellation, interruption or inability to use the Platform and reliance on any content displayed on it.
  • We will neither be responsible for loss profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or direct or indirect consequential damages.
  • If you are a business user, We exclude all implied conditions, warranties, representations or other terms that may apply to the Platform or any content on it.
  • Our Platform is not intended for consumer or domestic use. The OGUN Platform is commercial / business tool.  If you choose to visit the Platform or make use of the OGUN Platform as a consumer, we accept no greater responsibility or liability to you than we do for commercial / business users.

If you do not accept the foregoing, please do not use the OGUN Platform.

We are the owners or the licensees of all intellectual property rights, titles and interests in and to the Platform and its Content (including without limitations the texts, photographs, images, technology, software, databases, trademarks, trade names, logos, know how, domain names and any other intellectual property rights appearing on the Platform), including modifications, upgrades or new versions(hereinafter, “the Intellectual Property Rights”).

The sole license or right we grant you is the right to view and use the Platform. Therefore, the use of the Intellectual Property Rights is solely authorized for personal and private use, in accordance with these Conditions. Any other use of the Intellectual Property Rights for other purposes is expressly forbidden.

In light of the foregoing, it is prohibited the reproduction, distribution, public communication, transformation and any other use and/or exploitation act of the Platform and/or its contents, without our previous and express consent. Also, it is forbidden to decompose, reverse engineer or make derivative works of the software that supports the operation and access of the Platform.

In this regard, under no circumstances the access to the Platform constitutes or means a transfer of our intellectual property rights, and does not imply the authorisation or licence to use the content of the Platform for purposes other than those referred to in these Conditions.

If you print off, copy or download any part of the Platform in breach of these Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Failure to comply with any of the provisions stated herein will entitle us to instigate proceedings against the offender and to take the appropriate legal actions to defend our intellectual property rights, titles and interests, including the right to claim compensatory damages as appropriate.

These Conditions that rule the Platform are governed by and construed in accordance with Spanish law. The access or use of the Platform means that you agree that the exclusive jurisdiction will be of the courts of Barcelona.

TERMS OF USE & LEGAL NOTICE

Please read these Terms of Use & Legal Notice (hereinafter, “the Terms”) carefully before using this site.

“www.ogun.io” (hereinafter, “our Site”), is a website owned by Ogun Construction Technologies, SL (hereinafter, “We” or “Ogun”).

The purpose of our Site is to provide you information about our collaborative platform, named “OGUN” (hereinafter, “the Platform”). Please check the Registration Conditions for more information.

“www.ogun.io is a site operated by Ogun Construction Technologies, S.L. (hereinafter, “We” or “Ogun”).

We are registered in Spain under company number B-67251918 and have our registered office at C/ Montecassino 4, Bj. 2ª Barcelona 08006. The company is registered with the Commercial Registry of Barcelona with the following data: volume 46504, folio 125, sheet B-522177.

You can contact us through the following email address: general@ogun.site.

Your access to and use of our Site is subject to these Terms. By using our Site, you acknowledge that you have read and accepted these Terms and that you agree to comply with them. If you do not agree, or do not want to be bound by these Terms, you must not continue to use our Site.

Moreover, We inform you that the access or communication on our Site does not imply a cost, it is free of charge.

We recommend that you print a copy of these Terms for future reference.

  • These Terms refer to the following additional terms, which also may apply to your use of our Site: Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our Site.

Our Registration Conditions which informs you about the main rules to use our Platform appropriately.

We may update and change our Site from time to time to reflect changes to our services, our users’ needs and our business priorities. As well, We have the right at any time and without prior notice to amend these Terms or even to impose new terms with respect to access to or use our Site.

Any access or use of our Site by you after notice of revisions or additions to these Terms shall constitute your agreement to such revisions or additions.

We inform you that the information and materials on our Site may contain errors, omissions, or typographical errors or may be out of date. The abovementioned inconvenient can be changed, deleted or updated at any time without prior notice.

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

Please note that by using our Site, you ensure us that you are using it with good faith and always complying with applicable law, even while using the bulletin boards and chat rooms. You undertake to refrain from using our website with forbidden or illegal purposes, which are contrary to law and which go against these Terms, and which can damage the rights and interests of third parties, or that in whatever way can damage, render useless, overload or deteriorate the site.

We do not warrant whatsoever concerning our Site, any linked site, or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of the information and materials.

We are the owners or the licensees of all intellectual property rights, titles and interest in and to our Site, including modifications, upgrades or new versions. As well, we have the ownership or the legitimate right of use of all the trademarks, trade names, logos, know how, domain names and any other intellectual property rights appearing on our Site (hereinafter, “the Intellectual Property Rights”), unless otherwise noted.

The sole license or right we grant you is the right to view our Site. Therefore, reproduction of the Intellectual Property Rights on our Site is solely authorized for information purposes, only for personal and private use. Any reproduction and any use of copies for other purposes is expressly forbidden.

In light of the foregoing, it is prohibited the reproduction, distribution, public communication, transformation and any other use and/or exploitation act of the Site and/or its contents, without our previous and express consent.

In this regard, under no circumstances the access to our Site constitutes or means a transfer of our intellectual property rights, and does not imply the authorisation or licence to use the content of our Site for purposes other than those referred to in these Terms.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Failure to comply with any of the provisions stated herein will entitle us to instigate proceedings against the offender and to take the appropriate legal actions to defend our intellectual property rights, titles and interests, including the right to claim compensatory damages as appropriate.

By using our Site, you undertake to comply with the Spanish Copyright Act and any other applicable EU or international regulations.

In accordance with the stated in the above clause (“INTELLECTUAL PROPERTY”), you are allowed to perform the following acts:

  • You may print off copies of the content of our Site, and may download extracts, of any page(s) from our Site for your personal use;
  • You may draw the attention of others within your organisation to content posted on our Site;

On the contrary, you must not:

  • Modify the paper or digital copies of any materials you have printed off or downloaded in any way;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
  • Transfer the information contained in our Site or Platform to other physical and/or electronic devices, as well as to copy them in other sites.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

We act as a service provider. As a service provider We inform you that according to article 17 of the Spanish Law 34/2002, 11th July, on Information Society Services and Electronic Commerce, We will be only responsible for the content and services offered in the third parties linked sites, if We have effective awareness of the unlawfulness of those links and We have not disabled the referred links with the required due diligence. If you finally consider that exists a linked site with illegal or inappropriate content, please communicate it to us.

Please note, that the reception of the abovementioned communication will not mean that We have effective awareness of the activities and/or contents stated by the user which informs us.

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Likewise, We do not have knowledge of the contents and services offered on those linked sites. Therefore, We make no representations, warranties or guarantees, whether express or implied, of the damages produced because of the unlawfulness, quality, the not update, unavailability, error or uselessness of the contents and/or services of the linked sites neither for any other damages that are not directly attributable to us.

We do not make any warranties or representations whatsoever concerning our site, or any third parties uploaded content or links. As well, We are not responsible for whatever direct or indirect damages that might arise in consequence of; (i) the unavailability or lack of accessibility to our site or any other sites with which you have established a link; (ii) those which cause the interruption of the operation of our site; (iii) of bug fixes, shutdowns, delays or freezing caused by shortcomings or overloading of the systems’ functioning which can cause a deficient service, and; (iv) whatever infringement of the Terms here established, caused by the users or by third parties which have accessed to our site without authorization.

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards
set out in these Terms.

If you wish to link to or make any use of content on our Site other than that set out above, please contact general@ogun.site.

These Terms that rules our Site is governed by and construed, in accordance with Spanish law. The access or use of our site means that you agree that the exclusive jurisdiction will be of the courts of Barcelona.