Legal Notices

The use of the Website implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice. Consequently, the Website User must read this Legal Notice carefully each time he/she intends to use the Website, as the text may be modified at the discretion of the owner of the website, or due to a change in legislation, jurisprudence or business practice.

1.- DETAILS OF THE PERSON RESPONSIBLE FOR THE WEBSITE.

Name of the owner: LVG Ceramic Surfaces
Registered office: Ctra.villarreal-onda, Cv-20 Km.2,5
TAX IDENTIFICATION NUMBER: B12902300
Contact telephone: 964914181
E-mail: info@livingceramics.com

LVG Ceramic Surfaces is responsible for the Website and undertakes to comply with all national and European requirements that regulate the use of Users’ personal data.

This Website guarantees the protection and confidentiality of the personal data provided to us in accordance with the provisions of the General Personal Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, in the Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, as well as in the Law on Information Society Services and Electronic Commerce 34/2002 of 11 July (LSSI-CE).

2.- OBJETO.

The Web Site facilitates access to information and services provided by LVG Ceramic Surfaces to those persons or organisations interested in them.

Access to and use of the Website confers the condition of Website User (hereinafter, the «User») and implies acceptance of all the conditions included in this Legal Notice, as well as its modifications. The provision of the Website service is limited to the time at which the User is connected to the Website or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Website, as the Website and its conditions of use set out in this Legal Notice may undergo modifications.

3.- ACCESS AND USE OF THE WEBSITE.

3.1.- Access to and use of the Website is free of charge. Access to the Website is free of charge for the Users of the same, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the Users.
3.2.- User Registration. In general, access to and use of the Website does not require prior subscription or registration of the Users of the same, and therefore the information provided is completely voluntary.

3.3.- Users guarantee and are responsible, in any case, for the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The User agrees to provide complete and correct information in the contact or subscription form.

Under no circumstances will data relating to the professional or economic situation or the privacy of other family members be collected from minors without their consent. If you are under thirteen years of age and have accessed this Web Site without notifying your parents, you should not register as a User. If LVG Ceramic Surfaces becomes aware that a minor has registered, it will immediately delete the data.

On this Web Site the personal data of the Users are respected and cared for. As a User you should be aware that your rights are guaranteed and that we collect IP information only for the purpose of diagnosing and diagnosing problems with your IP address.

4.- CONTENTS OF THE WEBSITE.

The language used by the owner on the Website will be Spanish. LVG Ceramic Surfaces is not responsible for the User not understanding the language of the Website, nor for its consequences.

LVG Ceramic Surfaces will be able to modify the contents without prior notice, as well as delete and change these within the Website, such as the way in which they are accessed, without any justification and freely, and will not be responsible for the consequences that these may cause to the Users.

It is forbidden to use the contents of the Web Site to promote, contract or divulge advertising or information of their own or of third parties without the authorisation of LVG Ceramic Surfaces, nor to send advertising or information using the services or information that are made available to the Users, regardless of whether the use is free or not.
The links or hyperlinks that third parties incorporate in their web pages, directed to this website, will be for the opening of the complete web page, and may not manifest, directly or indirectly, false, inexact or confusing indications, nor incur in unfair or illicit actions against LVG Ceramic Surfaces.

5.- SECURITY MEASURES.

The personal data communicated by the User may be stored in automated or non-automated databases, whose ownership corresponds exclusively to LVG Ceramic Surfaces, assuming all the technical, organisational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current regulations on the protection of personal data.

6. LIMITATION OF LIABILITY.

Both access to the website and any non-consensual use that may be made of the information contained therein is the exclusive responsibility of the user. LVG Ceramic Surfaces will not be held responsible for any consequence, damage or harm that may arise from said access or use. LVG Ceramic Surfaces is not responsible for any security errors that may occur or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored in it, as a consequence of:

– the presence of a virus in the User’s computer used to connect to the services and contents of the Website.

– a malfunction of the browser.

– and/or the use of non-updated versions of the same.

LVG Ceramic Surfaces is not responsible for the reliability and speed of the hyperlinks that are incorporated into the website for the opening of others. LVG Ceramic Surfaces does not guarantee the usefulness of these links, nor is it responsible for the contents or services that the User can access through these links, nor for the correct functioning of these Websites.
LVG Ceramic Surfaces will not be responsible for viruses or other computer programmes that deteriorate or may deteriorate the computer systems or equipment of the Users when accessing its Website or other websites that have been accessed through links on this Website.

LVG Ceramic Surfaces is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website or in the App, nor for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that lead to the suspension, cancellation or interruption of the service.

7.- USE OF COOKIE TECHNOLOGY.

The Website may use cookies or similar technologies which shall be governed by the provisions of the Cookies Policy, accessible at all times and respecting the confidentiality and privacy of the User, being an integral part of this Legal Notice.

8.- NAVIGATION.

Internet servers may collect non-identifiable data, which may include IP addresses and other data that cannot be used to identify the User. Your IP address will be stored in the access logs automatically and for the sole purpose of allowing transit over the Internet, and it is necessary for your computer to provide this IP address when you browse the Internet so that communications can be carried out. Likewise, the IP address may be used to make statistics, in an anonymised manner, on the number of visitors to this Website and their origin, in a manner that is completely transparent to your browsing.

9.- INTELLECTUAL AND INDUSTRIAL PROPERTY

The User knows and accepts that all the contents and/or any other elements of the Website are the property of LVG Ceramic Surfaces, and undertakes to respect the intellectual and industrial property rights owned by LVG Ceramic Surfaces. Any use of the website or its contents must be of an exclusively private nature.

It is reserved exclusively to LVG Ceramic Surfaces, any other use that involves the copy, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the Website, so that no User may carry out these actions without the prior written permission of LVG Ceramic Surfaces, therefore the User acknowledges that, in any case, the acceptance of this Legal Notice confers rights, licenses or authorizations to carry out prohibited acts, being expressly recognized by the User that the reproduction, modification, distribution, marketing, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, as well as the transformation or publication of any results of unauthorized benchmark tests of any of the elements and utilities integrated into the Website, as well as the transformation or publication of any results of unauthorized reference tests of any of the elements and utilities integrated into the Website, disassembly, use of reverse engineering techniques or any other means to obtain the source code, as well as the transformation or publication of any result of unauthorised reference tests of any of the elements and utilities integrated within the development of the Web Site constitutes a direct and serious infringement of the legitimate Intellectual Property Rights of LVG Ceramic Surfaces, being obliged, consequently, not to carry out any of the above actions, and LVG Ceramic Surfaces reserves the right to take any legal action it deems appropriate to defend its legitimate interests and rights.

10.-IMPLEMENTATION OF THE RULES ON THE PROTECTION OF PERSONS WHO REPORT REGULATORY INFRINGEMENTS AND ON THE FIGHT AGAINST CORRUPTION.

With the enactment of this Law 2/2023, of 20 February, regulating the protection of persons who report breaches of the law and the fight against corruption, Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (commonly known as the «Whistleblowing Directive») is incorporated into the Spanish legal system. The primary objective of this legislation is to protect citizens who, in the context of a professional relationship, report breaches of the law. Citizen cooperation is essential for the effectiveness of the law, manifesting itself not only in the fulfilment of individual obligations, but also in the collective commitment to the proper functioning of public and private institutions. Examples abound of civic acts that have revealed irregular and corrupt practices, allowing for investigations that, after appropriate judicial proceedings, have resulted in criminal convictions. However, it is necessary to recognise that such civic acts have sometimes had adverse consequences for those who have denounced such practices, such as pressure and reprisals. It is therefore imperative that the legal system protects those citizens who act courageously in the public interest. Moreover, it is crucial to instil in society the awareness that violations of the law must be prosecuted and that breaches of the law must not be tolerated or silenced.

1. Material scope of application.

Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption, protects natural persons who, by means of any of the procedures provided for therein, report the following:

• Any act or omission which may constitute an infringement of European Union law, provided that:
• Fall within the scope of the acts of the European Union listed in the Annex to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019.
  affect the financial interests of the European Union, as referred to in Article 325 of the Treaty on the Functioning of the European Union (TFEU).
• Have an impact on the internal market, as referred to in Article 26(2) TFEU, including infringements of EU competition rules and aid granted by States, as well as infringements relating to the internal market in connection with acts in breach of corporate tax rules or practices designed to obtain a tax advantage that would defeat the object or purpose of the legislation applicable to corporate taxation.
• Actions or omissions that may constitute a serious or very serious criminal or administrative offence. This shall be understood to include all serious or very serious criminal or administrative offences that involve a financial loss for the Treasury and for the Social Security.

Specifically, the protection provided by Law 2/2023 of 20 February on the protection of persons who report regulatory infringements and the fight against corruption is as follows:

• It shall not exclude the application of the rules relating to criminal proceedings, including investigative measures.
• It shall be without prejudice to the specific protection afforded to workers who report breaches of labour law in the field of health and safety at work.
• It shall not apply to information affecting classified information or to the obligations deriving from the professional secrecy of the medical and legal professions, the duty of confidentiality of the Security Forces and Corps, or the secrecy of judicial deliberations.
• It shall not apply to infringements in the processing of procurement procedures containing classified information or which have been declared secret or reserved, or those whose execution requires special security measures in accordance with the legislation in force, or when the protection of essential interests for the security of the State so requires.
• It shall not apply in the case of public information or disclosure of any of the offences referred to in Part II of the Annex to Directive (EU) 2019/1937. In such cases, the specific rules on reporting offences in those matters shall apply.

1. Personal scope of application.

Law 2/2023 of 20 February on the protection of persons who report regulatory and anti-corruption offences shall apply to whistleblowers working in the private or public sector who have obtained information on offences in an employment or professional context, including in any case:

1. Public employees or employed persons.
2. Self-employed persons.
3. Shareholders, participants, partners and members of the administrative, management or supervisory body of a company, including non-executive members.
4. Any person working for or under the supervision and direction of contractors, subcontractors and suppliers.

It also applies to those whose employment relationship has ended, volunteers, trainees, trainees in training, and persons undergoing recruitment or pre-contractual negotiation.

• Responsible for the Internal Information System.

This position will be held by the natural person explicitly designated by the entity’s management body, with the main function being the management of this system and the processing of investigation files in accordance with the approved information management procedure. There will also be a figure, the LVG Ceramic Surfaces Internal Information System Delegate, who will support the Head of the Internal Information System in the processing and investigation of the communications submitted under this system (hereinafter, both figures are referred to as «Authorised Personnel»). In the event of incompatibility of any of the members of the Authorised Personnel with the management of a specific communication, said person shall be excluded from the procedure to prevent possible conflicts of interest.

• Internal information channel.

In order to enable the persons referred to in point A.b. above to submit information on the infringements provided for in point A.a., LVG Ceramic Surfaces has established an internal information channel managed internally. Communications may be made in writing by filling in the form attached as Annex I, which must be sent to the following e-mail address: whistleblowing@livingceramics.com. Alternatively, upon request by the informant to the same e-mail address, a verbal communication may be made by means of a face-to-face meeting to be held within a maximum period of seven (7) calendar days from the request. In this case, the informant’s consent to record the conversation will be requested and he/she will be informed about the processing of his/her personal data in accordance with the applicable data protection regulations. In both cases, information will be provided on the external reporting channels available to the Independent Whistleblower Protection Authority and the relevant regional, national or EU authorities or bodies. The information collected shall be confidential and shall be processed only by the Personnel Authorised to handle the communication. The information shall be stored in a computer file or logbook with access restricted to Authorised Personnel, in compliance at all times with the principles of personal data protection.

• Information management procedure.

Once a communication has been sent through the Internal Reporting Channel described above, the following steps shall be carried out:

1. The Authorised Personnel shall provide the informant with acknowledgement of receipt within a maximum period of seven (7) calendar days from receipt of the completed form or from the face-to-face meeting, unless this may compromise the confidentiality of the communication. Informants shall be informed of the existing external information channels.
2. An informative file will be opened to ascertain and establish the facts, with individual hearings of all those involved, witnesses and other relevant persons, under the guarantee of confidentiality, the presumption of innocence and respect for the protection of personal data.
3. The investigation phase shall conclude with a report drawn up by the Head of the Internal Information System, which shall be communicated to the whistleblower. The report shall include
4. A statement of the facts reported.
5. Justification as to whether the facts reported fall within the scope of protection of Law 2/2023. If so, it shall detail the actions carried out, the conclusions reached and, where appropriate, the proposed disciplinary sanction and/or corrective measures. The report shall be drawn up within three (3) months of acknowledgement of receipt, except in cases of particular complexity that require an extension of the deadline.
6. If the facts could constitute a criminal offence, the Head of the Internal Reporting System shall immediately forward the information to the Public Prosecutor’s Office, and to the European Public Prosecutor’s Office if they affect the financial interests of the European Union.
7. The person concerned shall be informed of the acts or omissions attributed to him/her and shall be heard at any time, ensuring the proper conduct of the investigation.
8. The identity of the informants shall be confidential and shall not be communicated to the persons referred to or to third parties without their consent, except for exceptions established by European and Spanish regulations.
9. The information received and that obtained from internal investigations shall be filed in a logbook or computer folder with access restricted to Authorised Personnel, guaranteeing the requirements of confidentiality and the principles of personal data protection.Derechos y garantías del informante.

The informant shall have the following guarantees in his dealings with the Authorised Personnel:

1. Decide whether you wish to make the communication anonymously or non-anonymously.
2. Identity reserved, and may not be disclosed without your express consent to any person other than Authorised Personnel, subject to regulatory exceptions.
3. Formulate the communication in writing or verbally.
4. Indicate an address, e-mail address and/or telephone number to receive notifications.
5. Appear before the Authorised Personnel on his or her own initiative or when requested to do so, assisted by a lawyer if he or she deems it appropriate.
6. To be assisted, if he/she is an employee of the entity, by a legal representative of the employees, if he/she so wishes.
7. Exercise the rights conferred by personal data protection legislation.
8. To know the status of the processing of your communication and the results of the investigation.
9. Make a communication through the external information channel of the Independent Whistleblower Protection Authority or through the corresponding authorities or bodies.
10. Not to suffer reprisals in any case.
11. Receive acknowledgement of receipt within a maximum period of seven (7) calendar days from the communication, unless this could compromise confidentiality.

• Evaluation and review.

The Authorised Personnel shall periodically evaluate the functioning of the system to suggest modifications to improve its efficiency and suitability to the cases presented.

• Dissemination.

The existence of this system will be disclosed to all employees and people linked to LVG Ceramic Surfaces. An access to this document will be included in its website, facilitating the accessibility, knowledge and use of the system and the internal information channel.

11.- APPLICABLE LAW AND COMPETENT JURISDICTION

This Legal Notice shall be interpreted and governed in accordance with Spanish legislation. LVG Ceramic Surfaces and the Users, expressly waiving any other jurisdiction that may correspond to them, submit to the courts and tribunals of the User’s domicile for any dispute that may arise from access to or use of the Website. In the event that the User is domiciled outside Spain, LVG Ceramic Surfaces and the User, expressly waiving any other jurisdiction, submit themselves to the courts and tribunals of the domicile of Vila-real.