1.    INTRODUCTION

Cerba Internacional S.A. España (hereinafter, Cerba), with registered address at Pza. Ramon Llull 7-10, 08203 Sabadell (Barcelona) and tax identification number A08559932, makes available to users certain contents of an informative nature about its activities on its website www.cerba.com.

Any person accessing this website assumes the role of user, undertaking to strictly observe and comply with the following conditions of access, browsing and use, as well as any other legal provision that may be applicable.

Observance of and compliance with the following conditions shall be required of any user who accesses, browses or uses the website. If you do not agree with these terms, please do not access, browse or use the website in question.

2.    IDENTIFICATION DATA

Data controller: Cerba Internacional S.A. Spain.

CIF: A08559932.

Address: Pza. Ramon Llull 7-10, 08203 Sabadell (Barcelona, Spain).

Contact telephone: 0034(93)7272233.

Email: lopd@cerba.com.

Registered in the Mercantile Register of Madrid, Volume 35396, Folio 54, Page M636307.

Registered in the Register of Health Centres, Services and Establishments of the General Directorate of Health Resources with code “E08032108”.

3.    PURPOSE AND SCOPE OF APPLICATION

The use of the Cerba website does not oblige the user to register, except if he/she wishes to purchase products or services marketed on www.cerba.com, where it will be necessary for the user to register by filling in a data collection form, and this subscription will be governed by specific general contracting conditions. The conditions of access and use of this website are strictly governed by current legislation and by the principle of good faith, and the user undertakes to make good use of the website. All acts that violate the legality, rights or interests of third parties are forbidden: right to privacy, data protection, intellectual property, etc. Cerba expressly prohibits the following, without being exhaustive:

  • Carrying out actions that may cause any type of damage to Cerba’s systems or to third parties on the website or through it by any means.
  • To carry out any type of advertising or commercial information directly or covertly without due authorisation, to send mass mailings (“spamming”) or to send large messages with the aim of blocking network servers (“mail bombing”).

Cerba may at any time interrupt access to its website if it detects any use contrary to the law or good faith.

4.    ACCESS

Access to the contents and use of the services provided by www.cerba.com is free of charge, although some of the services and contents offered by Cerba to third parties through the website may be subject to prior contracting and payment of a fee, which will be specified in their own contracting conditions. Access to the website by minors under 14 years of age is prohibited, unless they have the express prior authorisation of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their charge, in accordance with current legislation. In any case, it shall be presumed that access by a minor to the website has been made with the prior and express authorisation of their parents, guardians or legal representatives. No registration is required to access and browse the website.

5.    CONTENTS

The contents included in this website have been created and included by Cerba using internal and external sources, so that Cerba is only responsible for the contents created internally.

Cerba reserves the right to modify any type of information that may appear on this website without any obligation to give prior notice or inform users, it being understood that the mere publication and availability to the user for consultation and knowledge is sufficient.

6.    INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Cerba is a registered trademark. It is forbidden to use the Cerba brand, which includes both the name and the logo, by any other means, except with the express consent of Cerba, and all rights are reserved. Furthermore, the Cerba website, its contents, programming and design are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited, except with the express consent of Cerba.

To these effects Cerba informs that:

  • Access to the website does not transfer or confer any rights over the intellectual property of the same.
  • The objects or elements accessible on the website, such as, but not limited to, texts, photographs, stills, icons, sounds, videos, software, databases, are protected by intellectual, industrial, property and other rights.
  • With regard to the documents available on the site, their reproduction is only authorised for personal and private use. Any reproduction or use for any other purpose is expressly prohibited and requires the prior written approval of Cerba. In any case, any authorisation to reproduce the information displayed on this website shall be made with due regard to copyright.
  • With regard to references to third-party services that may appear on this website, Cerba recognises the corresponding industrial and intellectual property rights in favour of their owners, without their mention or appearance on this website implying the existence of rights over them.
  • All links from third parties to this website will be made to the home page or entry page.
  • Cerba reserves the right to update, modify or delete information contained on its website, as well as its configuration, features or general conditions without prior notice.
  • Cerba does not guarantee that there will be no interruptions or incidents in accessing the website, nor does it assume any liability arising from technical problems or incidents that may occur during connection to the website. This website is checked and tested to ensure that it functions correctly 365 days a year, 24 hours a day. However, Cerba does not rule out the possibility of the occurrence of force majeure or circumstances that make access to the website temporarily impossible.
  • Cerba declines all responsibility for the contents of the website to which it provides hyperlinks or links. These links are made available to you as a service. The decision to activate or consult such links is your sole responsibility. The insertion of hyperlinks in part or in whole of the website is prohibited without the prior written consent of Cerba. If you wish to create a hyperlink on this website, you must obtain prior written permission from Cerba by contacting: lopd@cerba.com.

7.    USE OF THE WEBSITE

The user undertakes to use the website in accordance with the law and with the contents of this Legal Notice. The user also undertakes to refrain from using the website for purposes or effects that are unlawful or contrary to the provisions of this Legal Notice. By using the services, the user declares his/her conformity with this Notice, undertaking not to transmit, disseminate or make available to third parties through the services provided by www.cerba.com any kind of material that in any way contravenes current legislation. In particular, and by way of example only and without limitation, the user undertakes not to collect data for advertising purposes, not to send any type of online advertising or chain messages and not to transmit, disseminate or make available to third parties through the services provided by www.cerba.com, information, messages, graphics, sound or image files, content, photographs, recordings, software and, in general, any kind of material, data or to carry out the following actions, without limitation:

  • Use any of the contents and services for illicit purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal operation of the website.
  • Use contents and services that are protected by intellectual or industrial property rights belonging to the entity or to third parties, without the user having previously obtained the necessary authorisation from the owners for this specific use.
  • Reproducing, copying, distributing, communicating, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or permitted by law.
  • Incorporate viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of Cerba or third parties or that may damage the electronic documents and files stored in this computer equipment.
  • Obtaining or even attempting to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose, those normally used on the Internet, provided that they do not entail a risk of damage or disablement of the website, the Services and/or the contents.

Cerba reserves the right to take appropriate legal action against anyone who breaches the above prohibitions.

Cerba is exempt, to the full extent permitted by law, from any liability for damages of any kind that may arise from the transmission, dissemination, storage, availability, reception, obtaining or access to the contents, and in particular, but not exclusively, for the damages that may be caused.

In order to make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as regarding any of the contents of the website, users may contact the e-mail address lopd@cerba.com.

8.    LINKS POLICY

8.1   LINKS TO OTHER WEBSITES

In the event that on the website the user could find links to other web pages by means of different buttons, links, banners, etc., these would be managed by third parties. Cerba has neither the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other websites to which links can be established from the website. Consequently, Cerba cannot assume any type of responsibility for any aspect relating to the web page to which a link may be established from the website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general. In this sense, if users have actual knowledge of the unlawfulness of activities carried out through these third-party websites, they must notify Cerba immediately so that the link to the website can be disabled.

The establishment of any type of link from the website to another external website does not imply that there is any type of relationship, collaboration or dependence between Cerba and the party responsible for the external website.

8.2   LINKS ON OTHER WEBSITES TO THE WEBSITE

If any user, entity or website wishes to establish any type of link to the website, they must comply with the following stipulations:

  • The link may only be directed to the home page of the website, unless expressly authorised in writing by Cerba.
  • The link must be absolute and complete, i.e. it must lead the user, by means of a click, to the URL address of the website itself and must completely cover the entire screen of the website’s home page.
  • Under no circumstances, unless expressly authorised by Cerba in writing, may the website that makes the link reproduce the website in any way, include it as part of its website or within one of its frames or create a browser on any of the pages of the website.
  • The page that establishes the link may not state in any way that Cerba has authorised such a link, unless Cerba has done so expressly and in writing.
  • If the entity that makes the link from its page to the web site correctly wishes to include in its web page the brand, denomination, commercial name, label, logo, slogan or any other type of identifying element of Cerba and/or of the web site, it must previously have its express authorisation in writing.

Cerba does not authorise the establishment of a link to the website from those web pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene morality, public order or generally accepted social norms.

Cerba has neither the power nor the human and technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links to the website.

Cerba does not assume any type of responsibility for any aspect related to the website that establishes this link to the website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

9.    RESPONSIBILITIES AND GUARANTEES

Cerba cannot guarantee the reliability, usefulness or veracity of the services or information provided through the website, nor the usefulness or veracity of the documentation of the events that can be acquired through the website, prepared by professionals from very different sectors. Consequently, Cerba does not guarantee and is not responsible for:

  • the continuity of the contents of the website;
  • the absence of errors in said contents or products;
  • the absence of viruses and/or other harmful components on the website or on the server that supplies it; o the invulnerability of the website;
  • the invulnerability of the website and/or the impregnability of the security measures adopted therein
  • the lack of usefulness or performance of the contents and products of the website;
    or the damages caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that Cerba establishes on the website or through the violation of the security systems of the website.

Nevertheless, Cerba declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the website and to avoid the existence and transmission of viruses and other harmful components to the users.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify Cerba (lopd@cerba.com) so that it can proceed to the adoption of the appropriate measures.

10.    COOKIE POLICY

The Cookies Policy of www.cerba.com is determined by the text COOKIE POLICY.

11.    PRIVACY POLICY

The Privacy Policy of www.cerba.com is determined by the provisions of the text DATA PROTECTION POLICY.

12.    DURATION AND MODIFICATION

Cerba may modify the terms and conditions stipulated herein, totally or partially, by publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to users. The temporary validity of this Legal Notice coincides, therefore, with the time it is displayed, until it is totally or partially modified, at which time the modified Legal Notice will come into force. Regardless of the provisions of the specific conditions, Cerba may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the website, without the user being able to claim any compensation whatsoever.

13.    JURISDICTION AND APPLICABLE LAW

For the resolution of all disputes or questions related to this website or the activities carried out on it, Spanish legislation shall be applicable, to which the parties expressly submit themselves, with the Courts and Tribunals closest to Sabadell, at the user’s choice, being preferably competent for the resolution of all conflicts arising from or related to its use.