Legal Notice
1. Purpose and general information
Zinia is a registered trademark of Open Bank S.A. (hereinafter “ZINIA”). Open Bank, S.A. is a Spanish bank, with NIF (Spanish tax number) A-28021079, registered in the Trade Registry of Madrid, Part 5308, Folio 202, Sheet: M - 87030, and with the Bank of Spain under registration number 0073. The registered office of Open Bank, S.A. is Plaza Santa Bárbara 2, 28004 Madrid, Spain and its email address is info@openbank.com. ZINIA offers internet users (hereinafter the “Users”) the following website: https://www.zinia.com/en-de (hereinafter referred to as the "Website"). This Website was created by ZINIA to inform both customers and non-customers about its products and/or services.
In the public area of the Website, both customers and non-customers can access information and apply for and take out the products and services offered by ZINIA.
After logging in to the Website, customers can perform any transactions concerning ZINIA products and services, as well as informational and commercial actions relating to their personal data and communications, and the products for which they have entered into a contract. The access to and use of the Website is governed by these general terms of use, as well as our Privacy Policy and Cookie Policy. The User agrees and undertakes to comply with these terms and conditions and policies when accessing and/or using the services.
Access to the Website is voluntary and does not involve any costs for the User. Those who access it are referred to as Users. The User accepts these Terms of Use by using the Website https://www.zinia.com/en-de, without prejudice to any special terms and conditions that may be contained therein. These Special Terms and Conditions take precedence over the terms and conditions contained herein. They should therefore be read carefully before any action is taken.
2. Definitions
Website: The pages are hosted under the domain https://www.zinia.com/en-de.
User: Any natural or legal person who visits the Website or uses the Website directly or indirectly. Users can be both private individuals and business people residing in Germany or having access to the Website from Germany. ZINIA assumes no liability for the access by persons in countries where such use violates laws or regulations.
Registered user: All persons properly registered on the Website https://www.zinia.com/en-de.
Customer: A registered User who uses a ZINIA product and/or service through the Website.
Product or service: any type of product and/or service offered through the Website that is available to and usable by a duly Registered User. The website https://www.zinia.com/en-de can be accessed and visited free of charge by all Internet users.
3. Registration at: https://www.zinia.com/en-de
Users who visit the Website and wish to access their User account (hereinafter “Account”) must register with their phone number and email address and create a password. To activate their account, they must also accept the associated general terms and conditions. The activation/registration process is only required when the account is created. If Users who already visit the Website have an account, they can access it by identifying themselves with their email address and password. The account allows Users to view their products and use the services provided by ZINIA.
The User undertakes to use the passcode obtained when registering the account carefully and to keep it strictly confidential. The Registered User is solely responsible for properly storing the passcodes, login credentials and other elements provided by ZINIA and for keeping them strictly confidential. The User also undertakes not to temporarily or permanently transfer the use to third parties.
The User is liable for unauthorised use of the Services by unauthorised third parties using a passcode provided to the Registered User by ZINIA. In addition, identification and verification with a user name and password implies that the registered User is the owner of that user name and password. He/she shall then be solely responsible for the actions taken with and through this access to the services of the Website.
The Registered User is irrevocably obliged to inform ZINIA’s management immediately in writing by emailing info.de@zinia.com of any event that enables or could enable misuse of codes and/or electronic signatures. This includes, but is not limited to: Theft, loss and other similar circumstances. If such events are not reported reliably and in writing to ZINIA under the above conditions, ZINIA shall be released from any liability that may arise from the improper, fraudulent, false or dishonest use of such codes and electronic signatures.
4. Use of the service
ZINIA provides the User with products, special services, offers, advertising, etc., via its Website.
To enable the use of products and/or access to services offered directly on the Website, the User must first accept the privacy policy and the associated special general terms of use for the Website/app.
5. Right of exclusion
ZINIA reserves the right to withdraw or refuse access to the Website without notice to any User who fails to comply with these General Terms and Conditions or any special terms and conditions that may apply from time to time.
6. Products and/or services
Each User can view the available products and services at any time in the General Terms and Conditions for Customers/Retailers, in the Legal Information & Claims section of the Website.
7. Regarding the use of the website
If the Website is not accessible, ZINIA will do everything possible to correct the error. ZINIA cannot guarantee the absence of errors or the absolute and continuous availability of the Website, as availability may be affected by maintenance and improvement work. ZINIA expressly assumes no liability for errors or the absence of information on the pages of this Website.
ZINIA shall not be liable, to the extent permitted by law, for any damage suffered by the User as a result of access to or use of the Website, or for any damage caused to the User’s computer, tablet or smartphone or the files or data stored on them by viruses or any type of malware, or for the improper use of the User’s computer/tablet/smartphone or access to the same or the account by unsuitable means. Users are responsible for their own behaviour while accessing the Website’s information, both during and after browsing.
The User undertakes not to use the content provided by ZINIA, whether produced by ZINIA or published under its name, for activities that violate the law, morality or public order. Everyone who visits the Website must comply with applicable laws, codes of practice, and ethical and general rules for using the Website. Accordingly, Users shall refrain from engaging in conduct that, includes, but is not limited to, the following examples:
- (a) violate, disparage or threaten the fundamental rights and constitutionally recognised public freedoms in international treaties and elsewhere in the legal system;
- (b) encourage criminal, derogatory, defamatory, indecent or violent acts or violate the law, morale and generally accepted good morals or public order;
- (c) provoke, incite or promote discriminatory acts, opinions or ideas based on gender, race, religion, belief, conviction, age or circumstances;
- (d) contain criminal, violent, pornographic or degrading messages or generally violate the law, morale and generally accepted good morals or public order;
- (e) cause or may cause an unacceptable state of fear or anxiety;
- (f) promote or encourage practices that are dangerous, risky or harmful to health and mental balance;
- (g) is false, ambiguous, inaccurate, exaggerated or improvised so as to be misleading with regard to the motive or to the intentions or purposes of the person communicating it;
- (h) is protected by intellectual or industrial property rights owned by third parties without the User having obtained the necessary consent from the owner for the intended use;
- (i) infringe the trade secrets of third parties;
- (j) conflict with the right to honour, with personal and family privacy and with the reputation of individuals;
- (k) violate the rules of communication secrecy;
- (l) contain inadmissible, misleading or unfair advertising and generally constitute a form of unfair competition;
- (m) because of their characteristics (such as format, spread, etc.) cause difficulties that make the normal functioning of the Services difficult or result in them not meeting the technical requirements or specifications established for access to the Website or that in any way harm, disable or deteriorate the Website or its Services or prevent the normal use of the Service by other Users. The User shall be liable for all damages that ZINIA may incur as a result of the breach of any of the obligations herein.
ZINIA reserves the right, at its sole discretion, to update, delete, temporarily or permanently restrict the Content. Similarly, ZINIA may prevent or deny access to the Website to Users who abuse the Content and/or violate the terms and conditions set forth in these Terms of Use. This does not entitle the User who is denied access to any compensation.
8. Links
The User may find links to other Websites operated by third parties on this Website. ZINIA is not authorised to control the content of other Websites referenced from this Website. ZINIA therefore assumes no liability or responsibility for any aspect relating to any third-party Website to which the Website may be linked, nor does ZINIA warrant that such links are free of viruses or other elements that may cause damage to the User’s computer system or files.
Any use of a link or access to a third-party Website is at the User’s own risk and peril. ZINIA does not recommend or guarantee the accuracy of any information received by the User through or via a link. ZINIA is also not liable for any loss, claim or damage arising from the use or misuse of a link or information obtained through a link, including other links or Websites. ZINIA shall not be liable in this case for any interruption of services or access, or for any attempt to use or misuse a link. This applies both to access to the Website and to access to information from other Websites, starting from this Website.
ZINIA is not liable and is not responsible for the content of any Websites owned by third parties whose links lead to or reference the ZINIA Website, including opinions expressed on the Website https://www.zinia.com/en-de, which could mislead the Users of said Websites about ZINIA’s services.
9. Intellectual and industrial property
The entire Website is subject to national, community and international copyright and intellectual property laws. The User acknowledges and accepts that all trademarks, trade names, or distinctive marks, as well as all intellectual and industrial property rights in any content in/or other items owned on the Website, are the exclusive property of ZINIA and/or third parties who have the exclusive right to use them. In no event shall access to this Website include any form of assignment, transfer, licence grant or transfer of all or any part of these rights, unless expressly provided otherwise. All rights of reproduction are reserved, including those for photographic images. Reproduction of all or part of the content of this Website in any medium is strictly prohibited without the express written consent of ZINIA.
10. Applicable law and jurisdiction
These General Terms of Use are governed by Spanish law. Any dispute that may arise in relation to the application, compliance or interpretation of these Terms and Conditions shall be resolved with the express consent of both parties by the courts and tribunals of the City of Madrid. This does not affect the right of the User or the data subject to involve the courts or data protection authorities of their habitual place of residence, if applicable.
11. Amendments to the general terms and use
ZINIA reserves the right, at its sole discretion, to modify the Website and the information contained therein, as well as the configuration, presentation and access conditions.
All of this can be updated without prior notice. Access to or use of the Website after these Terms have been updated shall be deemed acceptance of the updated version. Users who do not accept these General Terms of Use or any subsequent updates will not be able to access or use the Website.
Your web browser may create a cache copy of this page so that the pages displayed by your browser do not match the most recent pages, but the pages stored in the cache. To avoid these issues, we recommend that you update the Website in your browser when you open ZINIA.
12. Privacy and Cookies Policy
These General Terms of Use apply to your use of this Website. By accessing and using the Website, the User accepts that ZINIA is responsible for the processing, collection, handling and use of his/her personal data to which we have access as a result of his/her use of the Website or which he/she provides to us as a User. This processing is in accordance with our Privacy Policy and is intended to ensure the proper functioning of the Website and to provide you with our products and services. Please read our Privacy and Cookie Policy carefully to learn more about the personal data that is collected and processed, the purposes of this processing and the rights you may exercise.