General Terms and Conditions for Use of the Internet Page https://xopark.bg/

1. General Information

The internet page of the XOPark retail parks chain, available at https://xopark.bg/, is owned by "Trinity Asset Management" Ltd. ("the Company"), with UIC 208025783, seat and registered address: 9, Zheneva Str, Sofia 1142, Bulgaria, which company is part of the group of "Trinity Capital" AD, with UIC 205573011, seat and registered address: Sofia, postal code 1142, district Sredets, 7, Zheneva Str.. For the purposes of these General Terms and Conditions, "Trinity Capital" AD and all companies controlled by it, including the Company, constitute the Trinity Capital Group (hereinafter referred to as "the Trinity Capital Group").

The general privacy policy of the companies within the Trinity Capital Group is available in the footer of the internet page and contains details on how we collect, use, and process information about Users when they review the internet page, as well as their rights regarding their personal data.

To use the internet page, Users must be over 18 years old and agree to these General Terms and Conditions.

By accessing and using the internet page, Users confirm and, where applicable, accept these General Terms and Conditions, as well as any other applicable policies for the internet page.

If you do not agree with these General Terms and Conditions or any part thereof, please do not use the internet page in any way.

2. Definitions

Internet Page: https://xopark.bg/

Company: "Trinity Asset Management" Ltd., with UIC 208025783, registered office and management address: 9, Zheneva Str., Sofia 1142.

Trinity Capital Group: "Trinity Capital" AD and all companies controlled by it, including the Company.

User(s): Any user who navigates and/or reads and/or uses the internet page.

Agreement: Means the agreement concluded between the User and the Company in accordance with these General Terms and Conditions.

Third-Party Partners: Third-party partners refer to partners on whose behalf we communicate with users and are divided into: retail park lessees, media partners, collaborators, and event organizers. Third-party partners do not have access to users' personal data unless the Company has received prior consent from the user for this purpose.

Co-Partners: Refers to service provider companies for developing and maintaining internet pages, which declare that they are co-partners of the Company under the provisions of European regulations and that the subject matter of the contract or association is closely related to the fulfillment of the Company's obligations towards users in connection with providing the internet page services.

Co-Partners are responsible for complying with the obligation regarding the protection of personal data to which they have access or receive from the Company or another company within the Group.

Personal Data: Any information about the user that allows him/her to be identified directly or indirectly, such as identification and contact data – name and surname, email provided by the User, telephone; electronic identification data from the User's computer such as "cookies" and/or "IP addresses", other personal data that the User has chosen to provide to the Company when making an inquiry or in another manner specified on our internet page, he/she has contacted the Company (e.g., age, date of birth, address, etc.).

Consent for Processing Personal Data: Means any freely expressed, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by statement or clear affirmative action, signifies agreement to the processing of personal data relating to him/her.

Data Protection Officer

The Company will appoint a person responsible for informing and advising the administrator or processor of personal data and employees processing personal data of their duties under the law, as well as monitoring compliance with data protection laws and the administrator's or processor's personal data protection policy, cooperating with the supervisory authority acting as a point of contact for the supervisory authority on issues related to data processing. According to Article 37, paragraph 2 of the General Data Protection Regulation, the Trinity Capital Group has designated a common Data Protection Officer.

3. Access to the Internet Page

Users can access the Internet Page by going to https://xopark.bg/.

4. Conclusion of Agreement

Access to and use of the website constitutes the explicit and unambiguous consent of the user to enter into an Agreement, which includes these Terms and Conditions.

An agreement between the Company and a User who wishes to use the website will be executed only if all of the following actions have been performed:

• The User accesses the website at https://xopark.bg/;
• The User carefully reads these Terms and Conditions, as well as the General Data Protection Policy of the companies within the "Trinity Capital" AD group:

By accepting these Terms and Conditions, the User confirms that any other subsequent or accompanying commitments related to these Terms and Conditions are replaced by these Terms and Conditions. These Terms and Conditions do not create any rights for third parties.

5. Duration and Termination of the Agreement

The Agreement is considered concluded for an indefinite period of time.

6. Use of the Website

Users do not have the right to:

• Access and use the website for purposes and means that qualify as abuse;
• Use the website in any way or take any action that causes or may cause harm to the website or impair its operation, availability, or accessibility;
• Use the website for illegal, fraudulent, or harmful activities or in connection with illegal, fraudulent, or harmful activities;
• Use the website for copying, storing, hosting, transmitting, using, publishing, or distributing materials that contain (or are associated with) spyware, computer viruses, Trojan horses, worms, or other malicious software;
• Perform any systematic or automated data collection activities (including, but not limited to, data scraping and data harvesting) regarding or in connection with the website without the prior written consent of the Company;
• Use data collected from the website for any direct or indirect marketing activities, including, but not limited to, email marketing, SMS marketing, telemarketing, and conventional mail marketing;
• Use the data collected from the website to contact individuals, companies, or other persons and organizations.

7. Processing of Personal Data

The legal framework governing the protection of personal data is the General Data Protection Regulation No. 679/2016 ("GDPR"), applicable in the European Union.

The website https://xopark.bg/ uses "cookies." For more information on personal data collected through cookies, the User should refer to the Cookie Policy.

Additional information on how we process your personal data when you access and use the website, including when you register for campaigns organized by the Company through the website, including how you can withdraw your consent, can be found in the General Data Protection Policy of the companies within the "Trinity Capital" AD group.

8. Intellectual Property

The Company respects the intellectual property rights of other parties and requires Users to respect all rights over intellectual property owned by the Company or third parties.

The content and graphics on the website, including but not limited to all text content, technical sources of all existing and future services and facilities are the property of the Company and/or its business partners, depending on the case. They are protected by copyright, trademark rights, and other laws and agreements. The Company is not responsible for the accuracy of the intellectual property rights belonging to its business partners that are used on the website, as agreed with the latter. In the event that the content of the website includes a specific reference to the Company's business partners or their intellectual property rights, or to the business activities they carry out, namely marketing campaigns, products, and services, the Company is not responsible for the accuracy and legality of this information provided entirely by its business partners, who bear full legal responsibility for this content.

By using certain specific tools on the website where indicated, Users transfer their intellectual property rights to the Company, including but not limited to texts published on the website, files uploaded to the website.

Users must respect all intellectual property rights of the Company, as well as those of its business partners promoted on the website, as provided for in applicable legislation. Users are prohibited from using images, trademarks, or signs belonging to the Company or third parties unless they have received prior written consent from the rightful owners.

Users may view, download, and print pages from the website only for their personal use, which is subject to the restrictions set forth below or other clauses in these Terms and Conditions. Any use of the content for purposes other than personal use can only be carried out with the prior written consent of the Company and by citing the source of the information.

In this regard, Users do not have the right to:

• republish materials from the website (including republication on other websites);
• sell or sublicense materials from the website;
• disclose publicly any materials from the website;
• reproduce, duplicate, copy, or use materials from the website for marketing purposes;
• distribute materials from the website, except for specific materials or materials expressly intended for distribution.

Requests for using the content of the website for purposes other than personal use can be addressed to 9, Zheneva Str., Sofia 1142, Bulgaria, to the attention of "Trinity Asset Management" Ltd., or via email at marketing@trinitycapital.bg.

These Terms and Conditions do not grant users any rights, ownership, or interests regarding the website, content owned by others and published on the website, trademarks, signs, or other intellectual property rights owned by the Company.

Considering that the Company wishes to improve the user experience on the website, it encourages opinions and suggestions; however, the Company may use comments or suggestions without any obligations towards the users.

Opinions and suggestions can be sent to 9, Zheneva Str., Sofia 1142, Bulgaria, attention "Trinity Asset Management" Ltd., or via email at marketing@trinitycapital.bg.

9. Waivers and Assignments

No situation in which the Company does not take immediate action to exercise any of its rights will be considered a waiver of that right or its exercise.

If any provision of these Terms and Conditions is declared invalid or unenforceable, this will not affect the remaining provisions, which will remain in force and fully valid, being interpreted in the broadest extent allowed by law.

In the above-described case, the invalid or unenforceable provision will be replaced with another legally accepted provision that most closely approximates the original purpose of the Company. This also applies to omissions.

Users do not have the right to assign partially or wholly their rights under these Terms and Conditions.

10. Limitation of Liability

The Company provides the website as is, with all remarks and as available, without express or implied warranty. The Company also disclaims any warranties, including merchantability, satisfactory quality, accuracy for a special purpose, or need. The Company does not guarantee that the results that may be obtained from the website will be effective, safe, accurate, or meet the user's requirements.

The Company does not guarantee that the website will be constantly accessible.

If maintenance activities require the website to be unavailable due to maintenance reasons, the Company will inform the User upon entering the website.

The Company is not liable for internet/network outages, particularly interruptions that prevent access to the website due to technical or other difficulties beyond the Company's control, such as force majeure events or third-party fault.

The Company is not liable for inaccurate and/or incorrect personal data provided by users, especially those provided by minors attempting to create the impression that they are 18 years old.

The User confirms that the Company will not perform any control nor has the obligation to take actions regarding:
- third-party content accessible to the User through the website;
- the effect of content accessed through the website on the User;
- the interpretation or use of the website content by the User;
- actions taken by the User after accessing the website content;
- the content or accuracy, compliance with copyrights, legality, or decency of materials/information found on links to other websites, privacy policies, and terms governing such websites. We recommend reading the legal terms and other information related to personal data collection beforehand. The rules contained herein apply only to information collected on this website;
- damages caused by errors, inaccuracies, or inability to update information published on the website originating from external sources;
- damages caused by malfunctioning of the website or inability to access certain links published on the website.
- The Company is not liable for any indirect, special, or incidental damages arising from the use or inability to use the website.

The User agrees that products or promotions published on the website do not belong to the Company but to its business partners, and that the prices shown are for informational purposes and subject to unannounced changes, for which the Company bears no legal responsibility. Presentations of products, services, and promotions displayed on the website belong solely to the business partners, who bear legal responsibility for the provided information.

The User agrees that the Company is not liable for losses, expenses, lawsuits, claims, costs, or other liabilities if they are directly caused by non-compliance with these Terms and Conditions.

The User agrees that if prices or other data related to products/promotions of the Company's business partners were incorrectly stated, the Company reserves the right to change the information displayed on the website without incurring any liability in this regard.

The User understands that images shown on the website are for illustrative purposes only and that products delivered by the Company's business partners may differ in any way, both in terms of appearance and due to changes in characteristics and design, for which the Company will not be held responsible.

11. Applicable Law

These Terms and Conditions are governed and construed in accordance with Bulgarian law.

The parties resolve all disputes concerning these Terms and Conditions amicably within 15 working days from the written notice by the User. If the parties fail to reach an agreement, the dispute will be resolved by the competent Bulgarian court.

Users cannot waive their rights provided by law. All contractual provisions that cancel or limit the rights of Users according to the law will have no legal consequences for them.

12. Changes to the General Terms and Conditions

These Terms and Conditions were last updated on November 30, 2024.

The Company reserves the right to review and update these Terms and Conditions at any time. The Company will notify Users of any changes to the Terms and Conditions by posting them on the website or through another form of notification.

If the change/amendment violates the user's rights, the Company will inform the user by sending a message to the email addresses associated with the user profile.

Continuing to use the website after the introduction of certain amendments implies the User's acceptance of these amendments.

If the User does not wish to accept these Terms and Conditions, including their amendments, they should discontinue using the website.

If you have any questions about the information contained on this page, please send us an email at marketing@trinitycapital.bg.