These Policies (hereinafter referred to as the “Policies”) set the conditions for the use of the services of the Internet Portal https://evergonet,.com”, (herein (after referred to as the “Portal”). It is the property of Interenergy Systems Dominicana, S.R.L.(hereinafter, “EVERGO”), a commercial entity constituted according to the laws of the Dominican Republic, main office located in Ave Abraham Lincoln No. 295, Edificio Caribalico, 3rd Floor, Santo Domingo, Dominican Republic. 1. Conditions
- Minors.- In order to use the services which require gathering personal data on behalf of EVERGO through the Portal, minors should get prior authorization from their parents, tutors or legal representatives. These will be considered responsible of all acts carried out by minors who are under their care.
- User must refrain from obtaining or trying to obtain the contents of the Portal, by using means or procedures different from those, which, according to the cases, have been put to their disposal to such use, or
- User or third parties who have been damaged by the reception of unsolicited messages who are addressed to multiple people, must communicate this to EVERGO by sending a message to the following email address: [email protected]
2. No License.
- All Trademarks, commercial brands, signs, or distinctive signs (hereinafter referred to as “Intellectual Property”) of any kind which appear in the Portal are the property of EVERGO and/or its affiliated companies. It cannot be interpreted that the use or access to the Portal and/or services shall confer any right to the User over the Intellectual Property. Likewise, contents are the intellectual property of EVERGO and/or its affiliated companies, without this being understood that these are given to the User, in virtue of what it is set forth in these Policies. None of the exclusive exploiting rights that exist or might exist on such contents beyond what is strictly necessary for the use of the Portal and Services. That means, the User could consult, copy and store in its computer’s hard disk or in any other physical mean, print, or reproduce the material available in this Web Page, exclusively for personal or private use, or if it used within the User company or organization. In all occasion, User shall mention that EVERGO is the owner of the property, and the alteration, modification, or decompilation of its content is expressly prohibited.
- The commercialization in any form and under any title of the material of this site without the previous written authorization from EVERGO is striclty prohibited. The Portal can contain information from other sources, so, in these cases, their reproduction shall require previous authorization from the aforementioned sources.
3. Exclusion of Warranties and responsibility
- Availability and continuity, utility and fallibility – EVERGO does not guarantee the availability and continuity of the functioning of the Portal and the Services. Whenever it is reasonably possible, EVERGO will previously warn of interruptions in the functions of the Portal and the Services. EVERGO will not guarantee the utility of the Portal and Services in the carrying out of any concrete activity, nor its infallibility, and in particular, but not in an exclusive way, that the User can effectively utilize the Portal and the Services, as well as accessing the different Web pages that compose the Portal or those from where the Services are rendered.
- EVERGO IS NOT RESPONSIBLE FOR DAMAGES OF ANY NATURE THAT MIGHT OCCUR DUE TO LACK OF AVAILABILITY OR CONTINUITY OF THE PORTAL AND THESERVICES, NOR FOR DEFRAUDATION OF THE UTILITY THAT THE USER MIGHT SEEK TO ATTRIBUTE TO THE PORTAL AND/OR THE SERVICES; PARTICULARLY, THOUGH NOT EXCLUSIVELY, THE FAILURES THAT MIGHT OCCUR ACCESSING THE SEVERAL WEB PAGES OF THE PORTAL OR THOSE FROM WHERE THE SERVICES ARE RENDERED.
- Privacy and security in the use or the Portal and Services – EVERGO does not guarantee the privacy and security of the use of the Portal and Services, and particularly, does not guarantee that non authorized third parties cannot have knowledge of the type, conditions, characteristics and circumstances of the use given to the Portal and Services by the User
- Quality – EVERGO does not control nor guarantee the absence of virus or any other elements in the Contents that might produce alterations in its information system (Software and hardware), or in the electronic documents and archives which are stored in its information system.
- Veracity, accuracy and relevance. – THE PRESIDENCIAL OFFICE FOR THE INFORMATION TECHNOLOGY AND COMMUNICATION OF THE DOM REP (OPTIC), EXCLUDES EVERGO FROM ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE THAT MIGHT BE CAUSED DUE TO LACK OF VERACITY, ACCURACY, OR RELEVANCE OF THE CONTENTS.
- Lawfulness, trustworthiness and utility. EVERGO does not guarantee the lawfulness trustworthiness and utility of the services rendered by third parties through the Portal. THE PRESIDENCIAL OFFICE FOR THE INFORMATION TECHNOLOGY AND COMMUNICATION OF THE DOM REP (OPTIC), EXCLUDES EVERGO FROM ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE THAT COULD BE GENERATED WHILE THIRD PARTIES SERVICES ARE RENDERED THROUGH THE PORTAL.
4. Process to follow in the event of the performance of illicit activities. Any user or third party who finds facts or circumstances where there has been an illicit use of any content and or any activity in the Web pages where access is granted to or are included in the Portal, particularly if they are in violation of intellectual property rights or any other rights, must notify EVERGO and include the following information in the notification:
- Claimant’s personal information: name, identification number (or passport, in the case of foreigners), address, phone number, and email address.
- Specific information of the illicit activity that has been occurs in the Portal, particularly, in the event such activity is related to an alleged violation of rights, the exact and specific location of the protected contents as well as its location in the Web pages;
- Facts or circumstances which reveal the illicit character of such activity.
- In the alleged violation of rights, a printed signature or its equivalent, which contains the personal data of the owner of the rights which have been allegedly violated or that one of any person who is authorized to act on behalf and under the permission of the owner of such rights
- Claimant has to expressively, clearly and responsibly attest that the information provided in the notification is exact and express that the content used or activities performed are of illicit nature.
- All notifications and communications (hereinafter referred to as the “Notifications”) sent by the User to EVERGO will be considered effective, to all effects when submitted by courier to the following address: Ave. Abraham Lincoln, núm. 295, edificio Caribálico, piso 3, La Julia, Santo Domingo, Distrito Nacional, Republica Dominicana
6.- Applicable Law and Jurisdiction
- These Policies are governed in all and each part by the laws of the Dominican Republic.
- All claims, controversies and disputes will be resolved through the ordinary Courts of the Dominican Republic
8.- Policies about cookies.
What are Cookies? Cookies are files that can be downloaded in your equipment through the webpages. They are tools which have an essential role for the rendering of various services to the information society. Among other things, they allow a web page to store and recover information about navigation habits of a specific user or the user’s equipment. Depending on the information gathered, they could be used to recognize the user and improve the service provided. Types of Cookies. Depending on which entity manages the domain from where they are sent, and which handles the data that is obtained, there are two types that can be distinguished:
- Owned Cookies. Those which are sent to the user’s terminal from an equipment or domain managed by the own editor and from which the services requested by the user are rendered.
- Third Parties Cookies. Those which are sent to the user’s terminal from a domain or equipment which is not managed by the editor, but instead by another entity which handles the data obtained through the cookies. If the cookies are installed from an equipment or domain which is managed by the editor but where the information gathered through them is managed by a third party, then these cannot be considered owned cookies. There is also a second classification according to the time frame in which they remain stored in the client’s web browser. These could be:
- Session Cookies. Designed to collect and store data while the user accesses a web page. They are commonly used to store information that is only pertinent to keep the rendering of services requested by the user in one single occasion (i.e. a list of purchased products.
- Persistent Cookies. Data collected remain stored in the terminal and can be accessed and treated during a time frame as defined by the one responsible to manage the cookie. It could go from several minutes until several years. Lastly, there is another classification with five types of cookies according to the purpose for which the obtained data is used:
- Technical Cookies. Those which allow the user to navigate through a website, platform or application and to use different options or services they carry; For example, traffic control and data communication, session identification, access to the restricted access areas, remember the elements of an order, execute the process of purchase of an order, to complete subscription requests, or the participation of an event, to use security features during navigation, to store contents to use in transmission of videos or sound, or share contents through social media.
- Personalization Cookies. These allow the user to access the service with some predefined general characteristics based on a series of criterium in the user’s terminal, for example, language, type of browser through which the service is accessed, etc.
- Analysis Cookies. They allow the responsible party to perform follow up and behavioral analysis of users of the webpages to which they are linked. The information gathered through this type of cookie is utilized to measure the websites’ application or platform activities. They are also used in the elaboration of navigation profiles of the users of these sites, applications and platforms. This is for the purpose of introducing improvements by analyzing the usage data of the service users
- Advertisement Cookies. These allow the managing of advertisement spaces more effectively.
- Cookies of behavioral advertisement. These store information about the user’s behavior which is obtained through the continuous observation of their navigation habits. By doing so, it allows the development of a specific profile to present specific advertisements.
You have the option of allowing, blocking or eliminating the cookies which have been installed in your equipment through the configuration options of the browser that is installed in your equipment. When you deactivate cookies, some of the available services could stop being operational. The way to deactivate the cookies is different for each browser, but it can normally be done from the Tools and Options Menu. It can also be done by consulting the browser’s Help menu, where you can also find instructions. Users could choose, at any moment, which cookies they want to function in this website.
You can allow, block, or eliminate the cookies installed in your equipment through the options configuration in your browser: Microsoft Internet Explorer o Microsoft Edge: http://windows.microsoft.com/es-es/windows-vista/Block-or-allow-cookies
• Mozilla Firefox: http://support.mozilla.org/es/kb/impedir-que-los-sitios-web-guarden-sus-preferencia • Chrome: https://support.google.com/accounts/answer/61416?hl=es
• Safari: http://safari.helpmax.net/es/privacidad-y-seguridad/como-gestionar-las-cookies/
• Opera: http://help.opera.com/Linux/10.60/es-ES/cookies.html You can also manage the cookies storage in your browser through the following tools:
- Ghostery: www.ghostery.com/
- Your online choices: www.youronlinechoices.com/es/
- Accept cookies. This notice will not be visualized again when accessing any page of the portal during the current session.
- Close. The notice is hidden in the current page.