1. Legal information and acceptance
These provisions regulate the use of the service of the Internet portal (hereinafter, the “Portal”) that the company GENESIS INNOVATION GROUP, S.L. (hereinafter, “GIG” or the “Company”) places at the disposal of Internet users.
GIG is a mercantile entity of Spanish nationality, with registered office located in the Avenida de las Cortes Valencianas, 26 Block 5 Esc.2 2 Ofic.8, 46.015 – Valencia, Spain. It is duly registered in the Mercantile Register of Valencia in Sheet V-171.587, Volume 10.146, Folio 43. Its CIF is the B-98.834.005.
GIG is dedicated, among other activities, to (i) research, develop and obtain protected plant varieties; (ii) obtain, manage and exploit exploitation rights and economic derivatives of protected plant varieties developed by third parties through appropriate agreements, contracts or authorizations; (iii) production, cultivation, improvement, handling, packaging, distribution, storage, sale, transportation and marketing of citrus, grapes, fruits, plant varieties, vegetables and horticultural products; and (iv) to acquire, develop, produce and manufacture process for any fertilizers, plants, seeds, plant varieties, insecticides, materials, instruments, machinery, equipment and any other necessary or appropriate for agricultural production elements.
For any communication you can contact us by phone: 963 49 47 95, fax: 963 47 86 57, or via email firstname.lastname@example.org
Access to the web page is free except in relation to the connection cost through the telecommunications network supplied by the access provider contracted by the users.
2. Intellectual and industrial property
http://www.genesisinnovationgroup.es/ is GIG’s Web Portal, through which the GIG makes public certain aspects related to the main activities (especially in the context of protected plant varieties that exploits) and other information of interest.
Upon visiting and using the Portal, you accept the fact that its owner reserves the right to modify or suspend the available pages, the Web site or to temporarily or definitively delete the data that it has offered, at any time, without prior notice and without any type of liability towards the Users. In this way, you accept that GIG does not have any responsibility for the deleting of information, failures in its storage, inaccuracy of the contents and other circumstances related to the information of its Web page.
All the Portal’s contents, considering them to include, but not to be restricted to, the texts, photographs, graphics, images, icons, technology, software, links and other audio visual or sound contents as well as their graphic design and source codes (hereinafter, the “Contents”), are intellectual property of GIG or of third parties (with GIG being previously authorised for their use), without any of the rights of exploitation recognised by the current laws on intellectual property being considered assigned to the User, unless they are strictly necessary for the use of the Portal.
Access to the Portal does not assign in any case any right on the trademarks, commercial names and/or distinctive signs that appear therein.
3. Conditions for use of the portal
The use of the Portal for harmful purposes of GIG’s assets or interests or those of third parties or that in any other way overloads, damages or disables the networks, servers and other computer equipment (hardware) or products and computer applications (software) of GIG or of third parties. is expressly prohibited.
The User, in accordance with the current legislation, must abstain from acts which include but are not limited to:
• Reproducing, copying, distributing, making available, publically communicating, transforming or modifying the Contents except in those cases authorised by the law or expressly consented to by GIG or by whomever holds the ownership of the usage rights, where applicable.
• Reproducing or copying for private use the Contents that may be considered as Software or Database in conformity with the current legislation in matters of intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply the reproduction by the User or of a third party.
• Extracting and/or reusing all or a substantial part of the Contents making up the Portal as well as the database that GIG places at the disposal of the Users.
3.3 Data collection forms
All the information that the User provides through the forms in the Portal for the above purposes or any others must be true. For these purposes, the User guarantees the authenticity of all the data that it communicates, and will keep the information supplied to GIG perfectly updated so that it responds, at all times, to the actual situation of the User. In any case, the User will be the only one responsible for the false or inaccurate statements that he makes and of the damages that it may cause to GIG or to third parties for the information that he provides. In order to supply the data to GIG, the User must also have the authorisations required by the current laws at every moment, being liable towards GIG and/or any third part for any contingency that may be derived from the lack of authorisation.
3.4 Insertion of links to the Portal
The User who wishes to insert links from its own webpages in the Portal must fulfil the conditions that are detailed below without ignorance of them allowing avoidance of the liabilities derived from the Law:
The link would only link to the home page or principal page of the Portal but it will not reproduce it in any form (inline links, copy of texts, graphics, etc.).
In any case, it will be prohibited, according to the applicable legislation in effect at every moment, to establish frames of any type that envelope the Portal or permit the visualisation of the Contents through Internet addresses other than those of the Portal and, in any case, when they are visualised along with the contents outside the Portal in such a way that: (i) produces or may produce error, confusion or deceit in the users on the true origin of the service or Contents; (ii) suppose an act of unfair comparison or imitation; (iii) serve to use the reputation and prestige of GIG; or (iv) in any other way that is prohibited by the current legislation.
No type of false, inaccurate or incorrect statement about GIG, its employees or on the quality of the services that it provides will be made from the page that inserts the link.
In no case will it express in the page where the link is located that GIG has provided its consent for the insertion of the link or that in any other form it sponsors, collaborates, verifies or supervises the services of the referring web page.
The use of any word mark, graphic or mixed or any other distinctive sign of GIG is prohibited within the page of the referrer’s page, except in the cases permitted by the law or expressly authorised by GIG and always when, in these cases, a direct link with the Portal in the form established in this clause is permitted.
The page that establishes the link must comply faithfully with the law and cannot in any case have or link with its own contents or of third parties that (i) are unlawful, harmful or contrary to public morality and good customs; (ii) induce or may induce the false conception that GIG subscribes, backs, adheres or in any other way supports the ideas, statements or expressions, lawful or unlawful, of the referrer; (iii) are inappropriate or not pertinent to GIG’s activity with regard to the place, contents and subject of the web page of said company.
In the case that the User considers that there exists a page that facilitates a link to the Portal with unlawful or inadequate contents, it can inform GIG, with GIG proceeding in these cases to perform the opportune investigation, with the aim of carrying out the actions that may be appropriate.
In no case does the existence of a link to the Portal presuppose the existence of agreements with those responsible or owners of the page that supplies said link, or the recommendation, promotion or identification of GIG with the statements, contents or services provided.
GIG does not know the contents and services of these pages and, therefore, is not liable for the damages produced by the unlawfulness, quality, of being out of date, unavailability, errors or for the non-functioning of the contents and/or services provided in them, or for any other damage.
4. Exclusion of liability
4.1 On the quality of the service
The access to the Portal does not imply the obligation by GIG of controlling the absence of virus, worms or any other damaging IT element. In any case, the availability of adequate tools for the detection and disinfection of damaging computer programs corresponds to the User.
GIG is not liable for the damages produced in the computer equipment of the Users or of third parties during the provision of the Portal’s service.
4.2 On the availability of the Service
Access to the Portal requires the services and supplies of third parties, including transport through the telecommunication networks, whose reliability, quality, continuity and functioning does not correspond to GIG. Therefore, the services provided through the Portal can be suspended, cancelled, or be totally or partially inaccessible, definitively or temporarily, prior or simultaneous to the provision of the Portal’s service.
GIG is not liable for the damages or losses of any type produced in the User that are derived from failures or disconnections in the telecommunication networks that may produce the suspension, cancellation or interruption of the Portal’s service during its provision or prior to it.
4.3 On the contents and services linked through the Portal
The access service to the Portal includes technical devices of links, directories and even search instruments that permit the User to access other pages and Internet portals (hereinafter, “Linked Websites”). In any case, and where applicable, with respect to the Linked Websites, GIG acts as intermediation service provider in conformity with Article 17 of the Law 34/2002, of 12 July, of Information Society Services and Electronic Commerce (LSSI-acronym in Spanish), and will only be liable for the contents and services supplied in the Linked Websites insofar as it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence.
In the case where the User considers that there is a Linked Website with unlawful or inappropriate contents, it can inform GIG, with GIG proceeding in these cases to carry out the opportune investigation, with the aim of deleting or disabling, where appropriate, the corresponding link.
In no case shall the existence of Linked Websites presuppose the existence of agreements with the persons responsible or owners thereof, or the recommendation, promotion or identification of GIG with the statements, contents or services provided.
GIG does not know the contents and services of the Linked Websites, since they are updated and modified constantly, and therefore it is not liable for the damages produced by the unlawfulness, quality, of being out of date, unavailability, errors or for the non-functioning of the contents and/or services provided in the Linked Websites, or for any other damage that is not directly attributed to GIG.
4.4 User’s liability
4.5 Limitation of general liability
The User understands explicitly and accepts that GIG will not be liable for any direct, indirect, extraordinary or incidental damage, including but not limited to damages for the loss of profits, data or other intangible losses (even if GIG has notified the possibility of these losses), as a result of: (i) the use or the impossibility of using the Portal, (ii) the cost for obtaining substitution of the assets as a result of any operation carried out in or through the Portal, (iii) unauthorised access or alteration of the transmission of its data, (iv) the unauthorised assignment or transfer by GIG, of data of a personal nature made by the User for by any third party, or (v) any other circumstances.
Furthermore, it is expressly placed on the record that GIG offers no guarantees, implicit or explicit, on the access to the Portal not being interrupted, on the lack of errors, the absence of virus, the punctuality, security, precision, confidence, in any quality or the need of any content being secure in any sense.
5. Protection of personal data
GIG will treat with the greatest diligence your right to privacy and wants you to feel comfortable navigating through its Website. Consequently, in accordance with the provisions of the Organic Law on the Protection of Data 15/1999, you are informed that the data that may be collected through the data forms of the Portal will be incorporated to an automated file of personal data for which GIG is responsible. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its clients and/or users, and promoting and/or marketing the GIG products.
Moreover, GIG will cancel, delete and/or block the data when they are inaccurate, incomplete or are no longer necessary or pertinent for their purpose, in line with the provision in the legislation on the subject of data protection.
By pressing the ‘send’ button of the corresponding form, the User consents expressly that his data can be used for the provisions of the service that he requests, and for the sending of commercial communications from GIG, through e-mail or any other means.
The User can revoke the provided consent and exercise the rights of access, rectification, cancellation and opposition, writing for such purpose to the address indicated in Clause 1.
GIG adopts the security levels required by Organic Law 15/1999, of 13 December on the protection of personal data (LOPD) and by the Royal Decree 1720/2007 of 21 December which approves the implementing regulations of the LOPD. In addition, GIG has an internal policy on privacy and processing of personal data, ideal for reaching adequate levels of protection of the data supplied by the Users, in line with the current legislation. Notwithstanding the above, the technical security in a medium such as Internet is not impregnable and filtrations may exist through fraudulent actions of third parties.
The processing of personal data is subject to the principle of quality and the purpose of the data for which reason GIG will only request the data strictly necessary for the effective provision of the services required by the users, through the Portal.
As for the personal data that the User, through navigating in the web pages of the Portal, may provide for any reason to GIG, the User is notified that he shall have to have all the pertinent authorisations, in line with the current legislation, in order to be able to carry out said assignment or transmission to GIG. In this regard, the User will be the only one responsible for obtaining the authorisations of those involved, in accordance with the procedures provided in the law, with GIG not assuming any responsibility in this regard, neither towards the User nor towards any third party. The User recognises and accepts that, in relation to the supplied data, he must keep GIG unharmed from any contingency that could be derived from the assignment or transmission carried out. The data thus acquired by GIG will be analysed with the aim of verifying whether their processing responds to the lawful aims coherent with GIG’s activity. GIG will cancel, delete and/or block these data when they are inaccurate, incoherent, useless, incomplete or not necessary or pertinent for its activities and aims, in keeping with the provisions in the legislation on the protection of data, and without an obligation to communicate this circumstance to the User who has supplied them or to the person affected.
With respect to the data supplied for employment offers, GIG informs you that the data that you voluntarily provide us to use the services of the employment offers shall be stored in a file for which GIG is responsible, and to whom you can write in order to exercise your rights of access, cancellation, rectification and opposition.
The GIG website uses “cookies”, with the aim of facilitating the service offered by the Portal when a user or visitor navigates through its pages, identifying each user or visitor with maximum speed. The cookies are automatic information-gathering procedures related to the preferences determined by a user during his visit to a certain web page. This information is registered in small files that are imperceptibly stored in the corresponding user’s computer equipment. Each time the user again accesses the website in question, these files are automatically activated in such a way as to configure the website with the preferences indicated in previous visits. In short, the cookies are physical files of personal information stored in the user’s terminal and unequivocally associated with this terminal. Nonetheless, the cookies are only associated with an anonymous user, not accessing data of a personal nature, data of the user’s or visitor’s hard disk, or reading the “cookies” created by other service providers of the information society.
The User has the possibility of configuring his browser so that it impedes the creation of cookie files or warns him of the moment in which this occurs. The Portal is accessible without the need for the options referring to the “cookie” files being activated, although it can impede the correct functioning of security mechanisms for exclusive services or certain services that require a higher level of security. As a general rule, the aim of the cookie files of the Portal is that of facilitating the User’s navigation.
6. Communication of activities of an unlawful or inadequate nature
Should the User have knowledge that Linked Sites or pages that contain links to the Portal have content or unlawful, harmful, degrading, violent services or those contrary to morality, he may contact the GIG, indicating the following points:
• Personal data of the communicating party: name, address, telephone number and e-mail address;
• Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site or of the page that provides a link to the Portal;
• In the case of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person other than the communicating party.
• Furthermore, the title that accredits the legitimacy of the holder of the rights and, where applicable, that of representation for acting on behalf of the holder when it is other than the communicating party shall be provided.
• Express declaration that the information contained in the claim is accurate.
7. Applicable law