Legal information

Website ownership

The Company that owns the website is EMAGISTER Servicios de Formación, S.L., with business address in Avenida Alcalde Barnils, 64-68, Sant Cugat del Vallés, (Barcelona, España). Paseo de las Delicias, 30, 2a planta, Madrid 28045. 901 Main St. Dallas, Texas 75202 United States of America. Tax registration number B-62673108 and inscription in the Trade Registry of Barcelona, Volume 33,983, folio 133, page B-237.761, inscription 1.

Legal terms of service

EMAGISTER is a meeting point between individuals and entities within the field of training. EMAGISTER provides access to information related to courses, course providers and other content and services within the area of education and learning (hereinafter “content”).

USE OF THE WEBSITE:

Access to or use of the website confers the status of USER, whether the User is a Course Provider or an individual. While browsing or using the tools and services offered by EMAGISTER, the User agrees to comply with the legal terms of service and Privacy Policy.


In addition, the General Terms of Contract apply and must be adhered to in the case of Premium Services for Course Providers.


The User agrees make appropriate use of the content and services offered by EMAGISTER on its website. Inappropriate use of content includes, but is not limited to: (i) for activities that are illicit in nature or that are contrary to good conduct and public order; (ii) to cause damage to the physical or logical systems of EMAGISTER or its Users; (iii) to attempt to access or use email addresses of other Users and modify or manipulate their messages or registration information.


In cases where the User must complete a registration process in order to access a service, the User is responsible for providing accurate and truthful information. Registration may result in the provision of a password, of which the User agrees to make appropriate and confidential use.




OWNERSHIP AND INTELLECTUAL AND INDUSTRIAL PROPERTY

EMAGISTER itself, or as an assignee, is the owner of all intellectual and industrial property rights on its web pages, including all elements contained on its web pages (such as brand, images, sound, audio, video, texts, logos, colour combinations, structure and design, computer programmes or software necessary for use or access, etc.).


Pursuant to national, European and international intellectual property regulation, it is expressly prohibited to reproduce, distribute or communicate publicly, incluida su modalidad de puesta a disposición, all or any of the content of this website, in particular content created by EMAGISTER, to commercial ends, on any device or by any technical means, without the authorisation of EMAGISTER.


The User agrees to respect the Intellectual and Industrial Property Rights held by EMAGISTER. The User can view the elements of the different websites and even print, copy or store them on the hard drive of their computer or other device, providing it is for personal or private use only. The User must refrain from deleting, altering, avoiding or manipulating any protective device or security system put in place on the EMAGISTER pages.


Notifying EMAGISTER of Intellectual Property rights violation




PUBLISHING COURSES AND ANY OTHER CONTENT ADDED BY COURSE PROVIDERS OR EMAGISTER USERS

The main objective of EMAGISTER is to provide individuals with the maximum information on all existing courses and to offer both private and public Course Providers (academies, universities and any other type of education provider) the opportunity to use the services of EMAGISTER to promote their courses and subsequently increase enrolments and bookings.


In addition, EMAGISTER gives any User the opportunity to include all kinds of information that they may wish to share with other EMAGISTER Users, for example, their opinion on courses or Course Providers.


By adding content to any of the EMAGISTER websites, the User (Course Provider or Individual) declares legitimate ownership of the intellectual and industrial property rights of that material, or confirms that they have authorisation to distribute and communicate the content. The User thus authorises and grants EMAGISTER the content for an indefinite time period and for any audience, to be reproduced and communicated publicly through any physical or electronic means, mainly via Internet (on any device) and email.


Any User that adds content and/or information to EMAGISTER (courses or opinions, for example) gives their express consent for this material to be published and indexed on Google, other search engines or any other means of promotion.




Publishing information on courses and Course Providers:

EMAGISTER stipulates the following regulations for content published by Users:


o The User must publish content of the best quality possible.


o All information published by the User must be legal and true and by no means violate third party rights or the prevailing regulation. To this end, the User guarantees the authenticity of all information published on EMAGISTER.


o It is also the responsibility of the User to keep any programs or degrees published on EMAGISTER up-to-date and in accordance with their current situation.


o The content published, the prices and treatment of User data is the sole responsibility of the User. The User is also fully responsible for any damages caused by the content to EMAGISTER or third-party Users.


o It is the Higher Education Center’s responsibility to answer the Users interested in their programs or degrees appropriately and promptly, and to use the User data sent to them by EMAGISTER correctly.


o The inclusion of information on programs and Education Centers does not imply any type of association, fusion or participation of EMAGISTER with the Higher Education Center or advertising entity in question, unless EMAGISTER stipulates this expressly in the terms and conditions or on the website.




Publishing opinions:

Users can add their opinion on Education Centers and Programs published on EMAGISTER either by phone, on the website, or via any other means validated by EMAGISTER.


Guidelines for User opinions


Notifying EMAGISTER of defamatory content




Strictly prohibited content:

EMAGISTER does not permit the management or communication of content that deteriorates quality of service. By way of example and without limitation, EMAGISTER strictly prohibits the inclusion of content that:


a. is allegedly illicit under national, European or international regulation or that involves allegedly illicit activity or is contrary to the principles of good conduct.


b. infringes the provisions of the legal Terms of EMAGISTER.


c. violates basic human rights, exploits the weaknesses of the User, lacks basic internet courtesy, offends or generates negative opinion among our Users or third parties. In particular, by way of example and without limitation: violates the legal rights of third parties; that favours or encourages the creation, maintenance or promotion of businesses related to pornography, obscene materials or the management of erotic contacts; is related to fortune-telling, tarot, the occult or similar; and in general, any content that EMAGISTER considers inappropriate for its Users, in particular, minors.


c. And in general terms, any content that violates the principles of legality, honesty, responsibility or the protection of human dignity, of minors, of public order, of personal privacy, of the consumer and the protection of intellectual and industrial property rights.


Under no circumstances is EMAGISTER responsible for the content and opinions added by Users through any of the tools provided.




EXCLUSION RIGHTS:

EMAGISTER reserves the right to reject or deny access to its websites and/or services with no prior warning, at its own request or on request by a third party, to Users that do not comply with the legal terms set out in these provisions.


Additionally, EMAGISTER reserves the right to remove any content it considers non-compliant with the terms and conditions established by EMAGISTER, or that it deems inappropriate for publishing on the EMAGISTER websites, or contrary to the nature and aims of EMAGISTER.




EXCLUSION OF LIABILITY AND GUARANTEES

EMAGISTER is in no way responsible for any damages caused, by way of example and without limitation: by errors or missing information in the content published by third parties (Course Providers and/or Users); by temporary unavailability of the website; by any situation considered fortuitous or by unforeseen circumstances, despite having adopted all the technological measures necessary to avoid it.


EMAGISTER cannot control each and every detail of the content published, thus it cannot take responsibility of the same.


EMAGISTER will not under any circumstances accept responsibility for the courses, opinions or any other content published by its Users, or contained in links to other websites, nor will it guarantee the technical availability, quality, reliability, accuracy, depth, truthfulness, validity or constitutionality of any materials or information contained in any of the aforementioned courses, hyperlinks or other websites.




PRIVACY:

Any personal information afforded to us through the website will be dealt with under the terms of our Privacy policy.



MODIFICATIONS TO THE LEGAL TERMS AND DATA PROTECTION POLICY

EMAGISTER reserves the right to make any modifications it deems necessary, at any time and without prior warning, to any of the websites of which it is owner. Modifications include changing, deleting or adding to the content published or the services offered.



GENERAL STATEMENTS

EMAGISTER will pursue any breach of the current Terms and any inappropriate use of its websites, exercising all the civil and criminal procedures that it is entitled to by law.



APPLICABLE LAW AND JURISDICTION

This website, with the exception of links to third party sites, is controlled by EMAGISTER from its offices in Sant Cugat, Barcelona, Spain. Through the access, publication and/or use of the website, you are accepting that all disputes, complaints or other related issues will be governed by Spanish law and any controversy will be subject to the appropriate Courts of Law of Barcelona, unless otherwise stipulated by consumer or User protection regulations.

Guidelines for user opinions

The opinions voiced correspond to EMAGISTER Users and are not the opinion of EMAGISTER.


All Users that have taken a course delivered by a Course Provider that is advertised on EMAGISTER have the opportunity to publish their opinion or personal experience. The User thus agrees to keep their opinion published, even after unsubscribing from EMAGISTER, for the benefit of other site Users.


The User certifies that their opinion is based on their own personal experience, that it reflects their true view of the course and Course Provider, that they have no relation, neither business or personal, with the organisation in question and that the Course Provider has not offered them any incentive or payment for publishing their opinion.


EMAGISTER aims to ensure that all opinions have been given by real Users that have no relation to the Course Provider in question. By publishing their opinion, the User declares that they are not an employee of the Course Provider, that are they not related to anyone that is, that they have no relation, personal or professional, with the owners or management of the Course Provider in question, that could influence the impartiality of their comments. If this were not the case, in addition to violating the terms of Service and demonstrating unethical behaviour, their opinion would be considered fraudulent. EMAGISTER takes a zero tolerance approach to false opinions. EMAGISTER can contact the User to verify their opinion. All opinions must comply with the following guidelines:


1.- Suitable for all audiences: opinions must not contain threats, insulting descriptions, comments that show prejudice, comments that incite hatred, or any other content that is not of a constructive and courteous nature. Explicit comments regarding violent criminal activity or involvement in illegal activity are strictly prohibited.


2.- Written by registered Users over the age of 13.


3.- Original : opinions should contain only material that is original and not copied from other sources.


4.- Truthful and reflecting a real personal experience : all opinions must be based on the personal experience of the author after course completion. Information that is not obtained first-hand, such as rumours, quotes from other sources or third-party experiences are not permitted.


5.- Relevant to Users searching for courses or training : all opinions must be relevant to those who are searching for training. EMAGISTER is not a forum for general political, ethical or religious opinion. We do not publish questions or comments aimed at or concerning Course provider employees or EMAGISTER staff. Email addresses, websites or contact data is also not accepted. Promotional material of any kind is prohibited.


6.- Relating to a Course Provider advertised on EMAGISTER: all opinions must correspond to a course and Course Provider listed on the EMAGISTER directory.


Privacy policy

DISCLOSURE OF INFORMATION AND EXPRESS CONSENT

The User agrees to having read and accepted the current Privacy Policy and gives their express consent for their personal details to be dealt with in accordance with the corresponding objectives or services offered by EMAGISTER, and agrees to have their details afforded to third parties in order for the Service requested to be delivered. To this effect, a Third Party is any “entity, Company, User and or Course Provider using the services of EMAGISTER to promote and manage their training activity”.



TRANSFERS

EMAGISTER does not sell or let User data of a personal nature to third parties with commercial ends without their express consent. EMAGISTER can, however, disclose personal data in order to fulfill objectives, for legal reasons, to demand compliance with our policies, to respond to complaints that relate to violations through adverts or other content with third party rights, or to protect the rights of any individual, or their property or their security. In this regard, the User gives express consent for the transfer of their personal data to the ends stipulated in the current Privacy policy.



OBJECTIVE

User data provided on registration forms on EMAGISTER is gathered with the following objectives:


o To recommend the right training for each individual.


o To put the User in contact with the Course provider regarding the training options listed on EMAGISTER.


o To provide User opinions on the courses that are featured on the site, via any electronic means.


o To inform Users about anything related to training and learning.


o To study and analyse the information provided in order to detect trends and evaluate new services.


o To share and send content and opinions.


o To send emails of a promotional and informative nature about the training sector or other areas of interest to the User.


o To send emails of a promotional nature that include news, updates and relevant information about the site, in addition to emails related to the training sector.


o For the overall management of the objectives listed above.




OBLIGATORY OR OPTIONAL NATURE OF THE INFORMATION SUPPLIED BY USERS AND DATA VERACITY

In some cases, some fields on the registration forms to be completed by Users may be marked with an asterisk (*). These fields are strictly necessary; those fields without an asterisk (*) may be filled in at the User’s discretion,.


The User certifies that all the personal information provided is exact and up-to-date and thus reflects their current situation. It is the sole responsibility of the User to keep their information up-to-date at all times. The User is also responsible for any inaccuracies or prevarication in the information provided, and for any damages this may cause EMAGISTER or third parties in the use of the services offered by and through EMAGISTER.




USER CONSENT

By filling out the form and clicking to send the data, the User confirms that they have read and accepted the Terms and Conditions and gives full consent for their personal data to be dealt with according to the ends indicated and the services offered by EMAGISTER.


Additionally, the User gives express consent for any opinions or content they add to the site to be dealt with by EMAGISTER in accordance with the objectives indicated.


The User confers consent to the current Terms of Service and Privacy policy when:


o Browsing the website.


o Sending an email to the addresses provided by EMAGISTER.


o Filling out course booking or enquiry forms.


o Filling out the registration form or registering through Facebook.


o Filling out the Course Provider registration form (in the case of Course providers).


Any User that registers with their Facebook account is effectively transferring information on their Facebook account to their User Menu on EMAGISTER and linking their Facebook profile with their profile on EMAGISTER.




INFORMATION ADDED BY CHILDREN UNDER 14

Regarding personal data added by children under the age of 14, EMAGISTER will never use this information to ends deemed unsuitable for someone of this age. EMAGISTER will allow parents or guardians to exercise the rights to access, cancel, rectify or dispute the data of the child in question and encourages children of this age to ask an adult before giving information.


Under no circumstances will information be gathered from the child regarding the privacy, professional or economic situation of their family, without the family’s prior consent.


If you are under 14 years of age and you are browsing this website without the permission of a parent or guardian, you should not register as a member.




SECURITY

EMAGISTER assures its Users that it has adopted all the technical and organisational measures established by law to guarantee the security of personal data and to avoid its alteration, loss, unauthorised access or use, taking into consideration the nature of the technology, the nature of the information stored and the risks to which it is exposed, pursuant to current regulation.



EMAGISTER COOKIE POLICY

What is a cookie?
Cookies are files that can be downloaded on your computer when accessing certain web pages. Cookies allow web pages to store and retrieve certain information about Users’ surfing habits and those of members of their team. Depending on the type of information they contain and how the team uses them, they can be used to recognize the user.

What type of cookies do we use?
The web site uses Cookie and similar mechanisms (henceforth called Cookies). They are files which are sent to Users from a web server in order to record their activities, on a certain web page or all Emaagister pages, apps and/or services (henceforth called Services).Cookies’ first aim is to give users a quicker and easier access to Services they select. Cookies also customise services and advertising, facilitating and offering each User interesting and relevant information, related to Services in use.

This website uses Cookies to customise and facilitate Users’ browsing. Cookies are associated with an anonymous User and his/her computer, and do not draw any personal data. Users can set up their browser in order to receive notifications and to reset Cookies sent by Emagister, without this preventing them from accessing Contents on the website. However, please note that the webpage may not perform as well.

Registered users o users that already started a session can benefit from some bespoke services based on their profile, thanks to the items stored by Cookies with personal data when signing up for the first time.

Users authorise the use of this information for the purposes afore-mentioned, while exercing their right to refuse and desactivate Cookies.

EMAGISTER will be able to know which Services have been requested by the User forma and can provide information based on Users’ likes and preferences.

EMAGISTER also uses Web Bugs, small images contained within emails. When Users open an email, this image is downloaded together with the e-mail content and this allows the sender to know whether the e-mail has been opened or not as well as the IP address. This website uses such information to obtain statistics and to carry out analytical studies on e-mails received by Users.

Cookies on EMAGISTER.in. What type they are and how they work:

Company Domain Name of the cookie Purpose
Emagister Emagister.in User / Testab / pf / VIRTUAL_URL_REFERRER These cookies are designed to improve navigation on the website. Some have the property that are persistent and only other meeting
Google Google.com HSID/ SID They are used by Google to verify the user account login and newer
Google Doubleclick.net test_cookie Service to advertise
Google Analytics __utmv Used by Google Analytics
Twitter Twitter guest_id Used by Twitter to verify the user account
Criteo Criteo.com eid / uid Banners visualization
Facebook Facebook.com datr Used by Facebook to validate the user


Cookies can be divided into permanent and temporary ones, depending on their length. The former expire when the User closes the browser, while the latter expire once they fulfilled their objective, such as keeping the User logged in when using the website’s Services or when they are manually deleted.

REGISTRATION COOKIES: Registration cookies are generated when the User registered or opened a session and they are used to identify Services with the following aims:

Keeping the User logged in so that when he closes a Service, the browser or computer will go back to that Service on a different day or at a different time, and will keep being logged in and won’t have to do it all over again. This function can be deleted if the User clicks on “close session”. This removes the Cookie and next time they go on the Service page they will have to start a new session.

Moreover, some Services can be linked to social media such as Facebook. When User register for a Service via social media, they authorise social media to keep a permanent Cookie to remember their log in details and guarantees Access to such Services until they expire. Users can delete this Cookie and revoke access to Services via social media, updating their preferences on a specific social network.

ANALYTICS COOKIES: Every time Users use a Service, a tool by an external provider (specifically, Google Analytics or Comscore and others could be added to this list) generate an analytical Cookie for the User’s PC. This Cookie is only generated during this visit and for fiture visits, it will be used to identify the User anonymously. The main aims are:

• To allow Users to log in anonymously through this “Cookie” (which identifies browsers and equipment, not people) allowing to keep count of visits and trends over time.
• To identify contents that have been visited more anonymously and make them more attractive for Users.
• To know whether the User is new or repeating.

Important: Unless Users decide to sign up for an EMAGISTER Service, this “Cookie” will never be associated to any personal data that can identify them. Cookies will only be used for statistical purposes and optimise their surfing experience.
• Google analytics: http://www.google.es/intl/es/analytics/privacyoverview.html


ADVERTISING COOKIES: This type of “Cookies” increase the amount of advertising shown to anonymous Users on the website’s Services. Amongst others factors, the length and frequency of advertising, the interaction with advertisements, surfing patterns and/or Users’ behaviour are all stored so that an advertising profile can be created. This way, advertising can be tailored to the User’s profile.

ADVERTISING COOKIES FROM THIRD PARTY: As well as advertising managed by EMAGISTER in its Services, this website gives advertisers the option to show ads via a third party (“Ad-Servers”). This way, third parties can store Cookies sent from EMAGISTER services coming from Users’ browsers, and access data stored in them.

Companies that generate Cookies normally have their own privacy policies. Doubleclick (Google) is one of them.
For further information, visit: http://www.google.es/policies/privacy/ads/#toc-doubleclick y a http://www.google.es/policies/privacy/ads/.


How do you disable Cookies on the main browsers?

Normally you can stop accepting the browser’s Cookies or Services’ ones.

All modern browsers allow users to change the Cookies’ set up. This is normally found in ‘Options’ or ‘Preferences’ in the Menu. Users can set up their browser or e-mail provider as well as install free software in order to avoid downloading Web Bugs when they open an e-mail.

We guide you through the different steps which are necessary in order to access the Cookies’ set up menu and surf privately on all main browsers:

• Internet Explorer: Tools -> Internet options -> Privacy -> Set up

For further information, please visit Microsoft’s support or Help section.

• Firefox: Tools -> Options -> Privacy -> History-> Customised set up

For further information, please visit Mozilla’s support or Help section.

• Chrome: Set up -> Advanced options -> Privacy -> Content set up
For further information, please visit Google’s support or Help section.

• Safari: Preferences -> Safety
For further information, please visit Apple’s support or Help section.

What happens if you disable Cookies?

Some of the Services’ functions will be disabled, such as staying logged in or receiving information customised depending on your location.

UPDATES AND CHANGES IN THE PRIVACY/COOKIES POLICY:

EMAGISTER can modify this Cookies Policy depending on legal requirements and regulations, with the aim of adapting their policy to guidelines dictated by the Spanish Data Protection Agency so we recommend Users to check this policy regularly.

Users will be notified of any significant changes to this Cookies Policy, either on the website or via the e-mail address they provided at registration.

ACCESS, CORRECTION, CANCELLATION, REVOCATION AND OBJECTION RIGHTS

Any User can exercise their rights through their User Menu. Users can also unsubscribe from Emagister or from the different email alert services from their User Menu.


Email alerts can also be unsubscribed from by following the instructions provided in the footer of each email received.


The User authorises EMAGISTER to continue displaying any opinions they may have added to the site, even after unsubscribing as a member of EMAGISTER. The User can request the removal of these opinions by writing to contacto@mail.emagister.com


If any problems arise with regard to the removal this content, or to exercise their rights as a User, ask questions or resolve any doubts regarding our Data Protection Policy, Users can write to:


EMAGISTER Servicios de Formación, S.L. Avenida Alcalde Barnils, 64-68


Atc: Área Jurídica. 08174. Sant Cugat del Vallés. Barcelona. Spain.


Or by email at: contacto@mail.emagister.com , indicating the issue in the subject.


Notification procedures

NOTIFYING EMAGISTER OF DEFAMATORY CONTENT

Truthful or honest declarations (such as the case of a negative opinion) cannot necessarily be considered defamatory. Careful consideration of the facts is required before making formal accusations or issuing a complaint or claim (legal advice may also be necessary if there are doubts in this respect), given that false accusations could make you liable.


EMAGISTER reserves the right to verify your identity and obtain information about you in order to clarify the grounds of your complaint. Please bear in mind that EMAGISTER is unable to investigate complaints that are anonymous, incorrectly sent or that contain insufficient information.


We will do everything in our power to identify defamatory content when drawn to our attention, but we will not be held responsible if sufficient information or facts were not provided, or if these facts cannot be verified or investigated. All the personal data given to us will be used in accordance with our Privacy policy. Please read carefully before giving us any personal information.


Warning : any declaration made can be used in court procedures. Any false, misleading or inaccurate information you give to us may lead to legal or civil liability.


If you wish to notify EMAGISTER of any defamatory content on the website, please contact us.




NOTIFYING EMAGISTER OF INTELLECTUAL PROPERTY RIGHTS VIOLATION

If you believe that any content or any course has been used in a way that infringes your intellectual property rights, please contact us.


EMAGISTER reserves the right to verify your identity and obtain information about you in order to clarify the grounds of your complaint. Please bear in mind that EMAGISTER is unable to investigate complaints that are anonymous, incorrectly sent or that contain insufficient information.


We will do everything in our power to identify any illegal or offending content but we will not be held responsible if the information or relevant facts were not provided, or the facts cannot be investigated.


Warning : any declaration made can be used in court procedures. Any false, misleading or inaccurate information you give to us may lead to legal or civil liability.


If you wish to notify EMAGISTER of an alleged violation of intellectual property rights on the website, please contact us.