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Legal Notice1. Ownership of the web portal
The controller of this website is Aquara, SAU. (hereinafter referred to as 'Aquara'), a Spanish company whose tax identification number (NIF) is A166141177, registered in Zaragoza Company Register; Tomo 4013, Folio 2, Hoja Z-55941, and whose business address C/Comuneros de Castilla, 1 Bajo 50002 Zaragoza.
The contact details of the controller are as follows:
- Postal address: C/Comuneros de Castilla, 1 Bajo 50002 Zaragoza
- Or via our website
This legal notice (hereinafter referred to as the'General Conditions' or the 'Notice') regulates access to and use of the website.
Anyone accessing the website will be considered a 'user', and as such will be required to comply with the General Conditions applicable at the time.
The use of certain services offered on this website may be subject to their own specific conditions which, depending on the each case, substitute, complement and/or modify this Notice. Prior to using said services, the user should read carefully and accept the corresponding specific conditions.
The website is aimed at adult users. It contains information on services provided by Aquara that are of interest to the company's current and future customers.
The website permits certain transactions to be carried out online. Any transaction carried out on the website should be by users on their own behalf, thus ensuring any information provided has been obtained by legal means and corresponds to the user's real situation.
Transactions on behalf of third parties will be permitted in the following cases:
- A person with specific authorisation from the account holder.
- Properly accredited representatives and contact persons of legal entities.
- Official property administrators acting on behalf of owners' associations and other customers.
The use of the website for illicit purposes or purposes that may be detrimental to Aquara or any third party is prohibited. Throughout their use of the website, the user undertakes not to engage in any behaviour that may be detrimental to the image, the interests and/or the rights of Aquara and/or third parties or that could damage, disable or overload the website, or that could prevent the normal use of the website in any way.
Aquara will adopt security measures that are considered adequate for detecting the existence of viruses. However, the user should be aware that the security measures of online IT systems are not entirely reliable and Aquara cannot therefore guarantee the non-existence of viruses or other elements that could cause changes to the IT systems employed by the user or to their electronic documents and files contained in these.
Aquara reserves the right to modify, at any time and without the need for advance warning, the structure and design of the website, notwithstanding obligations arising from applicable consumer and user protection regulations, among others.
All industrial and intellectual property rights and all of the information contained in the website (images, graphic design, source code, design, browsing structure, databases and any other content of the site) are the property of Aquara or have sufficient rights of use.
Operating rights for this website and any of its content, elements and specifically the rights of use, exploitation, distribution, transformation and public communication will at all times remain, exclusively for the entire legally anticipated period of validity of said industrial and intellectual property rights and on a global level, the property of Aquara. This includes any improvement, adaptation, translation or perfecting of any of the content, elements or other material created, edited and/or amended by the user. The user may not use trademarks registered by Aquara, commercial names, designs, know-how or any other distinctive symbol of Aquara without Aquara's prior express consent.
The user name may not change or reproduce this information in part or in full without the express prior consent of Aquara. This includes but is not limited to the following points:
- The user name is not authorised to withdraw, avoid or manipulate the copyright or any other data identifying the rights of Aquara, or any other protection mechanisms.
- The user is not authorised to remove, decompile or invert the databases in which the website information is contained. All of the information on the website is protected by copyright. The unauthorised use of the information contained in this website, its resale or any damage to the intellectual or industrial property rights of Aquara shall invoke the legally established responsibilities. The brands (distinctive signs and logos) that appear on the website are owned exclusively by Aquara and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or on the website may be brands or other distinctive signs registered by their respective and legitimate owners.
Aquara accepts no liability for loss or damage resulting from the use of the content on its Website, except where otherwise stated in applicable consumer and user protection regulations. In particular, Aquara accepts no responsibility for the content or the status of links contained in this website that may take the user to other websites and pages managed by third parties. Aquara accepts no responsibility for the content or the status of said websites and pages. Access to these via this website does not imply that Aquara recommends or endorses the content of said sites. Aquara accepts no liability for damages resulting from technical faults in the service provided by its server centre or by the communication networks, or for problems caused by the incorrect operation or use of browser versions that are not optimised. Access to the website and whatsoever use that may be made of the information on the site is the sole responsibility of the user. Aquara will not be held responsible for any consequence, damage or loss that may result from said access to or use of the information. Aquara accepts no liability for possible security errors that may occur or possible damage that may be caused to the user's software and IT system or the files or documents stored in it due to the presence of a virus on the user's computer used for connecting to the services and content of the website, to a malfunction in the browser or to the use of outdated versions of the browser, it being the user's responsibility at all times to ensure the availability of adequate tools for detecting and eliminating harmful computer programs.
Any user who wishes to establish a hyperlink or technical link device from their website to the website must obtain the prior written consent of Aquara. The provision of a hyperlink in no case implies the existence of relations between Aquara and the owner of the site or the web page on which the hyperlink appears, nor the acceptance or approval by Aquara of its content or services. Aquara reserves the right in all cases to block or remove any hyperlink to its website at any time, particularly where there is suspected illicit activity or content involving the website on which the hyperlink appears.
The website provides the user with hyperlinks or technical devices for linking (e.g. links or buttons) that give the user access to Internet sites or portals that belong to or are managed by third parties (linked sites). These tools are provided solely for the search for and access to information, content and services available on the Internet. Aquara neither offers nor markets the information, content and services available in the linked sites either itself or through third parties, nor does it endorse, supervise or control the content and services or any other material of any type on these sites in any way. By using these sites, the User name accepts sole responsibility for browsing through these sites.
The existence of linked sites does not under any circumstances mean the formalisation of agreements between the parties responsible for or owners of the sites, nor the recommendation, promotion of identification of Aquara with the declarations, content or services provided.
These General Terms and Conditions are governed by Spanish law. Unless otherwise indicated by the applicable user and consumer protection regulations, Aquara rand the user submit to the judgements of the courts and tribunals of the city of Zaragoza for the resolution of any questions or legal disputes that may emerge as a result of the provision of the service of this website and the content therein or concerning the interpretation, application, fulfilment or non-fulfilment of the details of these terms and conditions, with expressly waiver of any other jurisdiction to which they might have recourse.
This Policy aims to explain how we obtain, process and protect the personal data you provide or we collect from forms and/or cookies on the Aquara website (hereinafter, the 'website') and the Online Office, so you can decided freely and voluntarily whether you want us to process such data.
The data controller responsible for processing personal data collected via this website is Aquara, SAU (hereinafter referred to as Aquara”), whose business address C/Comuneros de Castilla, 1 Bajo 50002 Zaragoza and whose tax identification number (NIF) is A166141177.
Visiting the Aquara website and browsing its different sections does not require users to provide any personal data. However, we will collect some information on your browsing (which does not always let us identify you) by using cookies installed on your computer. For more information, please read our Cookies Policy.
Users of the website can perform transactions which will require their personal data to be processed:
(i) Transactions for which customers do not need to register in our systemsuch as: schedule a phone appointment, lodging complaints, reporting fraud and incidents outdoors or in buildings, presenting claims, making inquiries.
Some of these transactions may require the user to provide certain data so they can be processed correctly. Such data may include: identification data (first name, surname, and ID number in some cases); contact details (such as postal address, phone number, email address); other data such as address of the detected fraud or incident.
- Your data will be processed with the aim of responding to the request in the form you have accessed and completed.
- The legal basis is the consent granted by the user providing the data, having contacted Aquara voluntarily. This consent may be revoked at any time with no retroactive effect (i.e. it does not affect requests that have already been processed).
(ii) Web transactions to register as a customer/account holder, for instance: connection request, registration request, change of name or transfer of a pre-existing contract.
Some of these transactions may require the user to provide certain data so they can be processed correctly. Such data may include: identification data (first name, surname, and ID number); contact details (such as postal address, phone number, email address); data on the property in order to request the supply or change the name of the account holder (property deeds, cadastral reference, rental agreement); representation data (powers of attorney when acting on behalf of another person or legal entity); financial data (bank details for bill payment by direct debit).
- Your data will be processed with the aim of managing your registration as a service customer.
- The legal basis is the consent granted by the user providing the data, having contacted Aquara voluntarily.
Users interacting with Aquara to register as a service customer can find more detailed information on how their data is processed in the Customer and Service User Data Protection Policy .
(iii) Web transactions that require the user to be a service customer, account holder or person authorised by the account holder, , such as completing the customer meter reading and online bill payments, among others.
Data provided will be processed in order to carry out the selected transaction as part of your account file in order to generate bills for services received.
Aquara processes your data based on the consent of the user providing it, having contacted Aquara voluntarily.
(iv) Transactions that require registration with the website's 'Online Office' or 'Customer Service Area': from the Online Office, customers can access and enter data in their account (contact details, bank details, etc., as long as the customer is the account holder), enter meter readings, activate e-billing, request duplicate bills and activate the 12 Drops payment plan, among other operations.
Registration with the Online Office requires the user to be a service customer or account holder and accept the Conditions of Use displayed at the start of the registration process.
Data is processed in the Online Office to manage contractual relations between the customer and Aquara. Aquara customers can view additional information on processing their personal data in the Customer and Service User Data Protection Policy.
In general terms, website users should only provide their own personal data in the forms available to them. However, users may provide the data from third parties as long as (i) they have obtained the data legally; (ii) they have authorisation; and, where necessary, have informed the affected party of the transaction or inquiry they are performing.
Transactions and inquiries on the website must be carried out by users in their own name. As exceptions to the above, transactions on behalf of third parties will be permitted in the following cases:
- A person with specific authorisation from the account holder.
- Representatives or contact persons acting on behalf of legal entities.
- Official property administrators acting on behalf of owners' associations and other customers.
On the basis of legitimate interest (as stated in Article 19 of Organic Law 3/2018 on data protection and the guarantee of digital rights), the personal data of representatives, contact persons and property administrators will be processed for the sole purpose of managing the request made on behalf of third parties.
Aquara uses service providers to carry out some of the tasks related to the contract. Therefore, such service providers need to access users' data to perform the requested transaction. These providers are considered data processors and will only process personal information in compliance with the instructions of Aquara. Under no circumstances will the user's personal information be used for purposes other than those detailed in this Policy.
In the interest of efficiency, some of our suppliers are located in countries outside the European Economic Area (EEA) or, although in the EEA, share information with other organisations outside said area. Aquara guarantees that:
- Transfers are made to countries which the European Commission has determined provide an adequate level of protection.
- In the absence of said adequacy decision, (currently such transfers are made to the USA, amongst other countries), the Commission's standard contractual clauses have been adopted.
This information can be found (in Spanish only) on the AEPD website: https://www.aepd.es/es/derechos-y-deberes/cumple-tus-deberes/medidas-de-cumplimiento/transferencias-internacionales
For further information, please contact the Data Protection Officer of Aquara.
Aquara, on the basis of legitimate interest, can transfer your personal data in the group to which administrative purposes (Recital 48 GDPR).
Except for in the aforementioned case, Aquara will not communicate the personal data collected through this website to third parties unless you give your express consent or it is in order to fulfil a legal obligation.
When your consent is required to share your personal data with third parties, we will inform you of the purpose of processing, the data being shared and the identity or sectors of activity to which your personal data from the data collection forms may be transferred.
Aquara may sometimes share users' data, whether or not they are customers, with government agencies responsible for the services or related fiscal matters when required to do so, when needed in order to process the request or inquiry, or when required for legal proceedings in cases of fraud.
In particular, Aquara is required to share their customers' personal data with certain government bodies, as stated in section 7 (With whom do we share you data?) of the Customer and Service User Data Protection Policy.
Customer data will be held for as long as contractual relations, are maintained to ensure they are properly managed. Once relations have ended (and the periods for payment of unpaid bills has elapsed and conflicts in relation to the service have been resolved) we are required to keep your data as blocked for an additional period in which there may be liabilities arising from our services or data processing.
Data from non-customers provided other transactions (such as inquiries and reporting frauds) will be kept for the time required to manage your request, and for an additional period in order to meet any possible related legal liabilities.
If you have authorised us to send you commercial information, we will keep your data until you inform us that you no longer wish to receive our offers, even if your contractual relations with us have ended.
The Law recognises that, if you have granted your consent, you may withdraw it at any time and exercise the following rights with regard to data protection:
You can see what personal data is included in the Aquara databases.
You can change your personal data when it is inaccurate or incomplete.
Opposition to processing Ask us not to process said personal information for certain specific purposes.
You can ask us to erase said personal information.
Restriction of processing
You can request restriction to the processing of your data in the following cases:
-While the contested accuracy of your data is being checked.
-When processing is illegal, but you oppose the erasure of your data.
-When Aquara no longer needs to process your personal data, but you require it for the exercise or defence of complaints.
-While the legal basis for processing is verified to see whose interest prevails after you have opposed your data being process for purposes of public interest or to meet a legitimate interest.
You can receive the personal data you have provided us in machine-readable format and transfer it to another data controller.
All that is required for you to exercise the above rights or withdraw your consent is to send us your request by any of the following methods:
- By post to the following address: C/Comuneros de Castilla, 1 Bajo 50002 Zaragoza.
- Via the contact on our website.
- Registering your request with any of our service offices.
You will need to provide a photocopy of your legally valid ID card (DNI) or equivalent document accrediting your identity. If you act through legal representation, you must also provide the ID card and document accrediting representation.
In addition, Aquara has appointed a Data Protection Officer whom you may contact regarding any doubts or complaints you may have in relation to data protection. You can contact the Data Protection Officer using any of the following methods:
- E-mail address: firstname.lastname@example.org
- Postal address: C/Comuneros de Castilla, 1 Bajo 50002 Zaragoza, to the attention of the Data Protection Officer.
Your complaint will be investigated confidentially and you will receive an answer from our Data Protection Officer.
In general, Aquara's corporate profiles on social media (Twitter, Facebook, etc.) are for information purposes only. If you provide data via inquiries or requests made by private messages on social media, such personal data will be used exclusively to respond to the request under the terms and conditions stated in this Policy. We remind you that you should not include your personal data or that of third parties (such as email addresses, phone numbers and contract numbers) in open messages on social media. If you are not sure whether your message can be read by other people, we recommend you contact us by another channel.
10. WhatsApp Business
Aquara provides instant messenger services through WhatsApp Business for the purposes indicated in section three of this policy. The use of WhatsApp by users is subject to the WhatsApp Business Terms of Service.