Legal Notice

/Legal Notice
Legal Notice2017-11-30T19:37:54+00:00

LEGAL NOTICE WITH DATA PROTECTION GENERAL TERMS AND CONDITIONS OF USE

The website www.salineraespanola.com (henceforward the “Website”) is the property of SALINERA ESPAÑOLA, S.A., with registered offices in C/ Gremi Boneters, 35 2ºA, 07009, Palma de Mallorca, Spain with Tax ID number A07000144.

SALINERA ESPAÑOLA, S.A. welcomes you and invites you to carefully read the General Terms and Conditions of Use of this Website (henceforward, “General Conditions of Use”) that describe the terms and conditions that will be applicable to your browsing it, in accordance with the provisions set out in applicable Spanish legislation. Given that SALINERA ESPAÑOLA, S.A. may in the future modify these Conditions of Use, we recommend that you regularly visit them to ensure you are duly informed of any changes that are made.

With the intention that the use of the Website conforms to standards of transparency, clarity and simplicity, SALINERA ESPAÑOLA, S.A. informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and resolved by contacting SALINERA ESPAÑOLA, S.A. calling (+34) 971432255, fax (+34) 971432748 or email lopd@salineraespanola.com.

1. Purpose

SALINERA ESPAÑOLA, S.A. supplies the content and the services that are available on the Website, in conformity with these General Conditions of Use and also with the policy on the processing of personal data (henceforward, the “Data Protection Policy”). Access to this Website or its use in any form confers you the status of “User” and implies the unconditional acceptance of each and every one of these General Conditions of Use, with SALINERA ESPAÑOLA, S.A. reserving the right to modify them at any time. Consequently, it is the responsibility of each User to read the General Conditions of Use that are in force carefully, each time you enter this Website. If you do not agree with any of the conditions set out here, you should refrain from using this Website.

Similarly, you are warned that, occasionally, special conditions may be established for the use on this Website of specific content and/or services; use of this content or services will imply the acceptance of the special conditions specified in them.

2. Services

Through this Website, SALINERA ESPAÑOLA, S.A. offers its Users the possibility of: consulting the product range, company locations, general company information, customer registration and the management of customer accounts (henceforward “Services”).

3. Privacy and Data Processing

When it is necessary to provide personal data to access certain content or services, Users will guarantee its trustworthiness, accuracy, authenticity and validity. SALINERA ESPAÑOLA, S.A. will computerise this relevant data in accordance with its nature or purpose, in the terms indicated in the Data Protection Policy section.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website and in particular, the design, texts, images, logos, icons, buttons, software, trade names, brand names, and any other marks that may be of industrial and/or commercial use are subject to Intellectual Property rights and all brand names, commercial names or distinguishing marks, all industrial and intellectual property rights on the content and/or any other elements inserted in the Website, are the exclusive property of SALINERA ESPAÑOLA, S.A. and/or third parties, who have the exclusive right to use them in the course of trade. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or, in any other way, publically communicate, transform or modify such content, holding SALINERA ESPAÑOLA, S.A. free and harmless from any claim that may arise from non-compliance with these obligations. Access to the Website under no circumstances implies the renunciation, transmission, licence or total or partial transfer of these rights, unless otherwise expressly established. These General Conditions of Use of the Website do not confer to the User any other right of use, modification, development, reproduction, distribution or public communication of the Website and/or its content other than those expressly provided for here. Any other use or development of any rights shall be subject to the prior and express authorisation, specifically granted to that end, by SALINERA ESPAÑOLA, S.A. or the third party that is owner of the rights in question.

The content, texts, photographs, designs, logos, images, computer software, source code, and, in general, any intellectual creation that exists on this Website, as well as the Website itself as a whole, as an artistic multimedia creation, are protected as copyright by legislation with regard to intellectual property. SALINERA ESPAÑOLA, S.A. is the owner of the elements that comprise the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphs and any other Website content or, at all events, has the pertinent authorisation for the use of these elements. The content available on the Website may not be reproduced wholly or partially, nor transmitted or recorded by any information retrieval system in any form or on any medium, unless with the prior authorisation, in writing, of the entity in question.

Likewise, it is prohibited to delete, evade and/or tamper with the copyright or any other technical protection devices, or any information mechanisms that may contain the content. The User of this Website undertakes to respect the rights set out and to avoid any action that may be injurious to them, SALINERA ESPAÑOLA, S.A. at all events reserving the right to exercise as many legal measures or actions as necessary in the defence of its lawful intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User The User undertakes to:

  • a) Make proper and legal use of the Website and of its content and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted moral standards and good practices and (iv) public order.
  • b) Provide themselves all the means and technical requirements necessary to access the Website.
  • c) Provide truthful information when completing the forms contained on the Website with their personal data and to keep them continuously updated in a manner that responds at all times to the current, true situation of the User. The User shall be the sole person responsible for any false or inaccurate declarations that are made and for any damages that they may cause to SALINERA ESPAÑOLA, S.A. or third parties through the information they provide.

Notwithstanding that set out in the previous section, the User will likewise refrain from:

  • a) Making a non-authorised or fraudulent use of the Website and/or of the content for illegal ends or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may cause damage, render useless, overload, cause deterioration of, or prevent, the normal use of the services or documents, files and any type of content stored on any computer equipment.
  • b) Accessing or attempting to access restricted resources or areas of the Website, without meeting the conditions required for their access.
  • c) Causing damage to the physical or logical systems of the Website, of its suppliers or third parties.
  • d) Introducing or spreading computer viruses on the network or any other physical or logical systems that may cause damage to the physical or logical systems of SALINERA ESPAÑOLA, S.A., of its suppliers, or third parties.
  • e) Attempting to access, use and/or tamper with the data of SALINERA ESPAÑOLA, S.A., of its suppliers, third parties or other Users.
  • f) Reproducing or copying, distributing, permitting public access by any means of public communication, transforming or modifying the content, unless prior authorisation has been obtained from the owner of the pertinent rights, or it is legally permitted.
  • g) Deleting, concealing or tampering with the notes on intellectual or industrial property rights and other identifying data of the rights of SALINERA ESPAÑOLA, S.A. or of third parties incorporated in the content, and also technical protection devices, or any information mechanisms that may be inserted into the content.
  • h) Obtaining and attempting to obtain the content using means or procedures other than those that, as the case may be, have been made available to you for this purpose, or those indicated for this purpose on the Website pages where the Content can be found or, in general, those normally used on the Internet for this purpose, provided they do not pose the risk of damaging or rendering useless the Website and/or the content.
  • i) In particular, and being merely indicative rather than an exhaustive list, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphs, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of material that:
  • (i) In any way may be contrary to, denigrate or threaten fundamental rights and constitutionally recognised public freedoms, contemplated in International Treaties and in the rest of the legal system in force. (ii) Instigates, incites or promotes criminal, degrading, defamatory, violent actions or that is, in general, illegal, immoral or contrary to generally accepted norms of decent behaviour and public order. (iii) Instigates, incites or promotes actions, attitudes or thoughts which are discriminatory on the grounds of gender, race, religion, beliefs, age or condition. (iv) Incorporates, makes available or allows access to criminal, violent, offensive, injurious, degrading products, elements, messages and/or services or that are, in general, illegal, immoral or contrary to generally accepted norms of decent behaviour and public order.

(v) Instigates or may instigate an unacceptable state of anxiety or fear.

(vi) Instigates or incites involvement in practices that may endanger, put at risk, or harm one’s health or mental well-being.

(vii) Is protected by legislation with regard to the of intellectual or industrial protection belonging to SALINERA ESPAÑOLA, S.A. or to third parties without its intended use having been authorised.

(viii) Is contrary to honour, to family and personal privacy and to personal image.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or programme that prevents the normal operation of the Website.

If, to gain access to some of the services and/or content of the Website, you are provided a password, you must use it carefully, keeping it secret at all times. You are consequently responsible for its proper safekeeping and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or allow any other external person to access the services and/or contents mentioned. Similarly, you are required to notify SALINERA ESPAÑOLA, S.A. of any act that may involve the improper use of your password, such as, for example, its theft or loss or non-authorised access, in order to proceed to its immediate cancellation. Consequently, until the aforementioned notification is forthcoming, SALINERA ESPAÑOLA, S.A. shall not be liable for any action that may occur as a consequence of the improper use of your password, with any illegal use of the content and/or services of the Website by any unauthorised third party being your responsibility.

If any of the obligations set out in these General Conditions of Use are breached in a negligent or malicious manner, you will be liable for all damages that this non-compliance may cause to SALINERA ESPAÑOLA, S.A.

6. Responsibilities

SALINERA ESPAÑOLA, S.A. does not guarantee continuous access to, nor the correct display, downloading or use of, the elements and information contained on the Website, which may be disabled, obstructed or interrupted due to factors or circumstances beyond its control.

SALINERA ESPAÑOLA, S.A. accepts no liability for any decisions that may be made as a consequence of access to the content or information offered.

SALINERA ESPAÑOLA, S.A. may immediately interrupt the service or address the relationship with the User if it detects that use made of its Website or any of the services offered on it are contrary to those set out in these General Conditions of Use. SALINERA ESPAÑOLA, S.A. accepts no liability for damages, injury, loss, claims or costs arising from the use of the Website. It shall solely be responsible for deleting, as quickly as possible, any content that may cause such damages, providing it has been notified. In particular, it shall not be liable for any damages that may result from, amongst others:

(i) interferences, interruptions, errors, omissions, telephone malfunctions, delays, freezing or disconnections in the functioning of the electronic system due to deficiencies, overloads or errors in the telecommunications lines and networks, or any other cause beyond the control of SALINERA ESPAÑOLA, S.A..

(ii) unlawful intrusions through the use of malicious programmes of any type and through any medium of communication, such as computer viruses or any other.

(iii) improper or inappropriate misuse of the Website.

(iv) security or surfing errors generated by any browser malfunction or by the use of earlier versions of it. The SALINERA ESPAÑOLA, S.A. administrators reserve the right to withdraw, totally or partially, any content or information on the Website.

SALINERA ESPAÑOLA, S.A. shall not be liable for any damages of any kind that may result from the improper use of the freely available services and use by the Users of the Website. Similarly, SALINERA ESPAÑOLA, S.A. is exempt of all liability for any content and information that may be received as a consequence of the data collection forms, these being solely to provide a service for questions and queries. Furthermore, in the event of causing damages by the illegal or incorrect use of these services, a claim may be filed against the User by SALINERA ESPAÑOLA, S.A. for the damages caused.

You shall defend, indemnify and hold SALINERA ESPAÑOLA, S.A. harmless against any damages that arise from claims, actions or suits by third parties as a consequence of your access to or use of the Website. Similarly, you are bound to indemnify SALINERA ESPAÑOLA, S.A. for any damages that may arise as a result of the use by “robots”, “spiders”, “crawlers” or any similar tools employed for the purpose of gathering or extracting data or any other activity by you that may impose an unreasonable load on the operation of the Website.

7. Hyperlinks

The User undertakes not to reproduce by any means, not even by a hyperlink, the SALINERA ESPAÑOLA, S.A. Website, or any of its content, unless with the express written authorisation of SALINERA ESPAÑOLA, S.A..

The SALINERA ESPAÑOLA, S.A. Website includes links to other websites managed by third parties, with the purpose of facilitating User access to the information of collaborating and/or sponsoring companies. Subsequently, SALINERA ESPAÑOLA, S.A. accepts no responsibility for the content of these websites, and does not take the position of guarantor either of the party offering the services and/or of the services and/or information that may be offered to third parties via these links.

The User is granted a limited, revocable and non-exclusive right to create hyperlinks to the Website’s homepage exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not imply that SALINERA ESPAÑOLA, S.A. recommends that website or its services or products; (ii) may not distort their relationship with SALINERA ESPAÑOLA, S.A. or claim that SALINERA ESPAÑOLA, S.A. has authorised the link, or include marks, names, trade names, logotypes or other distinguishing marks of SALINERA ESPAÑOLA, S.A.; (iii) may not include content that can be considered bad taste, obscene, offensive, controversial, that incites violence or discrimination on the grounds of gender, race, religion, that is contrary to public order or illegal; (iv) may not link to any page of the Website other than the homepage; (v) must link with the Website address itself, without allowing the website making the link to reproduce the Website as part of its website or within one of its frames, or to create a browser on any of the Website pages. SALINERA ESPAÑOLA, S.A. may request, at any time, that any link to its Website be deleted, after which its immediate removal should be effected. SALINERA ESPAÑOLA, S.A. cannot control the information, content, products or services provided by other websites that may have established links to the Website.

Consequently, SALINERA ESPAÑOLA, S.A. accepts no responsibility for any aspect relating to these websites.

8. Data protection

To use some Services, Users are required to provide certain personal details beforehand. For this purpose, SALINERA ESPAÑOLA, S.A. will computerise this Personal Data pursuant to the Spanish Organic Act 15/1999 of 13 December on the Protection of Personal Data and its implementing regulations, Regulatory Decree 1720/2007. The User may access the policy observed in the processing of personal data and also the implementation of the previously established purposes, as set out in the conditions defined in the Data Protection Policy [LINK] that the Website presents

9. Cookies

SALINERA ESPAÑOLA, S.A. reserves the right to use cookie technology on its Website, in order to recognise you as a returning User and personalise the use you make of the Website by pre-selecting your language, or giving you more wanted or specific content. The cookies used by the Website, or the third parting acting in its name, are associated solely with an anonymous user and their computer, and do not provide in themselves any personal data relating to the User.

Cookies are files sent to a browser by a web server in order to record the navigation activity of the User on the Website, when the User accepts the cookies. In turn, you can delete the cookies by consulting your browser’s instructions for use.

These cookies make it possible for SALINERA ESPAÑOLA, S.A. to recognise the User’s computer browser in order to provide content and offer the User their browsing or advertising preferences, plus ascertain the demographic profiles of Users and to measure audience and traffic parameters and monitor progress and the number of site entries.

10. Duration and termination

The provision of services of this Website and other services have, in principle, an unlimited duration. Nevertheless, SALINERA ESPAÑOLA, S.A. may terminate or suspend any of its services on the portal. Whenever possible, SALINERA ESPAÑOLA, S.A. will announce the termination or suspension of the provision of a specific service.

11. Declarations and Guarantees

In general, the content and services offered on the Website are of a merely informative character. Therefore, in offering them, SALINERA ESPAÑOLA, S.A. does not offer any guarantee in relation to the content and services offered on the Website, including, for example, guarantees of legality, trustworthiness, usefulness, truthfulness, accuracy or marketability, except to the extent to which by law, these declarations and guarantees cannot be excluded.

12. Force majeure

SALINERA ESPAÑOLA, S.A. shall not be responsible under any circumstances in the event of the impossibility of providing service, if this is due to extended disruptions in the power supply, telecommunications lines, civil unrest, strikes, riots, explosions, floods, Governmental acts or omissions, and, in general, any cases of force majeure or fortuitous events.

13. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, and also the Website, shall be governed by Spanish law. Any dispute shall be resolved in the courts of Palma de Mallorca, Spain.

In the event that any of the provisions of these General Conditions of Use should become unenforceable or invalid due to applicable legislation or as a consequence of a court or administrative ruling, this unenforceability or invalidity shall not make these General Conditions of Use unenforceable or invalid in their entirety. In such cases, SALINERA ESPAÑOLA, S.A. shall proceed to the modification or substitution of the provision in question by another that is valid and enforceable and which, as far as possible, accomplishes the objective and conditions reflected in the original provision.