LEGAL NOTICE
A) LEGAL INFORMATION
ICEX España Exportación e Inversiones, E.P.E., M.P., with Tax Identification Number Q2891001F, is a public corporation ascribed to the Ministry of Industry, Trade and Tourism through the State Secretariat for Trade, established and governed by Royal Decree-Act 4/2011, dated 8 April, and with its headquarters at Paseo de la Castellana 278, 28046 Madrid (Spain).
B) GENERAL CONDITIONS
1. Background Information. Acceptance.
The General Conditions comprising this Legal Notice govern the use of all services and contents that ICEX España Exportación e Inversiones, E.P.E., M.P. (hereinafter, ICEX) makes available to its users, through its Internet Portal www.icex.es (hereinafter the «Portal»).
These General Conditions have been drafted in conformity with the provisions of Act 34/2002, on information society and electronic commerce services; Organic Law 3/2018, on Personal Data Protection and digital rigths guarantee; Regulations 2016/679 of the European Parliament and of the Council, dated 27 April 2016 on the protection of physical persons with regards to the processing of personal data and the free circulation of said data; Act 7/1998 on General Contract Conditions; Act 3/2014, dated 27 March, modifying the amended text of the General Law for the Defence of Consumers and Users and other complementary legislation, approved by Royal Legislative Decree 1/2007, dated 16 November; Act 47/2002, dated 19 December, amending Act 7/1996, dated 15 January, on Planning of Retail Trade, for transposing to Spanish legislation Directive 97/7/CE, in respect of distance selling, and for adapting the Act to different EC Directives, and all applicable legal provisions; and Act 34/2002, dated 11 July, on information society and electronic commerce services.
The User, merely by using this Portal, expresses full acceptance of these General Conditions, which are subject to modification by ICEX at any time. Consequently, the User must, under his or her sole liability, carefully read these General Conditions upon each intended use of the Portal.
The use of certain services offered to Users through the Portal is regulated by specific conditions which, depending on the case, complete and/or modify these General Conditions. The User must read and accept these when intending to obtain those services. Likewise, certain services offered by third-party collaborators of ICEX to Users of the Portal may contain their own General Contract Conditions. The User must carefully read the corresponding General Contract Conditions before using those services provided by third-party collaborators of ICEX.
ICEX informs that any mandatory procedures to obtain the services offered are those described in these General Conditions and, when applicable, the corresponding Specific Conditions, as well as any other specific conditions indicated on-screen when browsing, wherefore the User must declare his or her knowledge and acceptance of these procedures as necessary for accessing the services offered in the Portal.
2. Conditions of access, use and utilisation of the Portal
The Services offered by ICEX in its Portal are, in principle, and unless otherwise specified, free of charge. Notwithstanding the foregoing, some of the Services supplied through the Portal (whether by ICEX or third parties) may be subject to payment of a price, in which case the established Sale Conditions for the service provision will apply.
Access to the Services supplied through the Portal does not require, in general, a prior User subscription or registration, without prejudice to the fact that access to certain services may require the corresponding User registration. The User Name and Password provided by ICEX to the User are elements used for purposes of identification and authentication when accessing the services and are personal and non-transferable. ICEX may implement, upon prior notification, changes to the User Name and/or Password, in which case the modified passwords will lose their validity.
The User guarantees being over the age of 14, as well as the veracity and authenticity of the information provided as a result of the contracting of those services that require User Registration, and assumes the obligation to maintain said information up-to-date.
The User assumes the obligation to use the Contents and Services available through the Portal in conformity with these General Conditions and the Specific Conditions established for certain Services, as well as in accordance with legal provisions, morality, customs and public order.
The User assumes the obligation to respect the intellectual and industrial property rights of ICEX and/or third parties, and to this end will abstain from reproducing, copying, distributing, making available or in any other way making public, transforming, or modifying the Contents, unless the User is authorised by the holder of the corresponding rights or is legally permitted to do so.
The User may not use data obtained through the Portal to issue electronic advertisements, promotions or commercial communications without prior authorisation granted by the affected parties.
Any User who intends to establish a hyperlink from his or her own website and the ICEX Portal must fulfil the following conditions:
– No confusion must be generated in other potential users with regards to the origin and ownership of each of the websites, wherefore the hyperlink will only permit access to the home page of the Portal, and a frame may not be created over the ICEX Portal websites.
– The website hosting the hyperlink may neither contain false, inexact or illegal content or information, contrary to law, morality or generally accepted customs and public order, nor may it host content that breaches third-party rights.
– In any case, the inclusion of the hyperlink in no way implies the existence of a relationship between ICEX and the owner of the website in which it is inserted, nor the acceptance or approval by ICEX of its contents or services, wherefore no declaration may be made or insinuated as to authorisation granted by ICEX for the hyperlink, or as to the supervision or use of the services offered in said website that includes the hyperlink.
3. Exclusion of Guarantees and Liability
3.1. For the functioning of the Portal
ICEX does not guarantee the availability and continuity of the functioning of the Portal, its services and contents, wherefore in no case will it be held liable for damages of any kind which may arise due to the unavailability or discontinuity of the Portal or any of its services, or due to access failures to any of the different websites of the Portal, or failures of those websites from which certain services are provided.
3.2. For the contents and services of the Portal
ICEX does not guarantee the utility of the Portal for any specific activity or the suitability of its contents and services for specific purposes, wherefore the User is solely and exclusively liable for the use of information, contents and services.
The contents included in the Portal are provided in good faith by ICEX with information from both internal and external sources. Given this circumstance and the large amount of information made available to the User through the Portal, ICEX cannot guarantee full reliability, legality, exactness or suitability of the same, despite its best efforts in this regard.
Pursuant to Article 16 of Act 34/2002, dated 11 July, on information society and electronic commerce services, in no case will ICEX be liable, whether directly or indirectly, for any content, information, communication, opinion or declaration that is communicated, disseminated, transmitted or exhibited through the Portal that has its origin in external sources insofar it lacked effective knowledge of the same.
Likewise, in accordance with the aforementioned Article 16, it is understood that ICEX will have the effective knowledge mentioned above when a competent body has declared the illegality of the information, ordered its withdrawal or prevented access to the same, or has declared the existence of damages, and the provider is aware of the corresponding resolution, without prejudice to procedures for detecting and removing the contents which the providers implement by virtue of voluntary agreements and of other effective means of communication which may have been established.
The Portal makes available to the users technical devices for links (such as, among others, links, banners, directories, etc.), that enable access to the website(s) owned and/or managed by third parties and of which ICEX is neither the owner nor has any type of association. As a result, ICEX will not be liable for controlling and monitoring the contents, wherefore ICEX will assume no liability whatsoever, whether directly or indirectly, for said website(s). The User must exercise due caution when evaluating and using said information, contents and services made available through these devices.
Likewise, ICEX excludes any liability derived of the rendering of services or of making available goods or products that may be acquired or contracted from third parties by accessing the Portal, especially in those cases in which the purchase or contract procedure is implemented directly in the third-party website.
3.3 For the Users’ use of the Portal
ICEX cannot control the Users’ use of the Portal, its services and contents, wherefore in no case will it be held liable for damages of any kind which may arise due to the illegal, incorrect, inappropriate or unsuitable use by Users of the Portal, its services or contents.
Likewise, ICEX does not guarantee privacy and security when using the Portal and, in particular, does not guarantee that unauthorised third parties will not be knowledgeable of the type, conditions, characteristics and circumstances of the use which Users make of the Portal, wherefore in no case will it be held liable for damages of any kind which may arise due to these unauthorised accesses.
In the event that a User causes damages to any third parties, given its use of any products, service, content and/or tool facilitated through our website, as well as for improperly using the same, the User expressly exempts ICEX from any liability which may be attributed to ICEX.
To this end, the User will solely and exclusively assume any liability which may derive as a result of the foregoing. Likewise, the User will assume all expenses, costs and, when applicable, compensation which may derive of legal proceedings initiated on the grounds of noncompliance with the provisions of these Conditions and applicable regulations.
Users are solely and exclusively liable for their identification and access passwords to the Portal. ICEX is not liable for improper use of these access passwords and of the consequences, of any kind, derived of wrongful use, loss or forgetfulness by Users or unauthorised third parties.
4. Intellectual and Industrial Property
All of the contents, understood as the following and not limited to the same, texts, photographs, illustrations, graphs, software, databases, graphic designs, source codes, audio-visual and audio contents, as well as any names, logos and brands accessible in the Portal are subject to intellectual and industrial property rights owned by ICEX or third parties. In this regards, these are considered works protected by Spanish and EU legislation jointly in the realm of intellectual and industrial property rights.
Access by the User to the contents and services of the Portal in no way implies, in any case, any type of waiver, transmission or transfer, whether full or partial, of the aforementioned rights, nor confers any rights to use, modify, exploit, reproduce, distribute or publicly communicate the contents or distinguishing signs object of intellectual or industrial property, without prior, written authorisation specifically granted for that purpose by ICEX or the third-party owner of the rights.
The User is entitled only to the right to view and make copies of the Contents solely and exclusively for personal use, and must exert these rights in conformity with the principle of good faith and in compliance with applicable legislation.
In particular, the following is forbidden:
– The presentation of a website from the Portal within a frame of another website that does not belong to ICEX, through the so-called «framing» technique, unless authorisation is granted in writing by ICEX.
– The insertion of an image disseminated in the Portal in a website or database that does not belong to ICEX, through the so-called «in line linking» technique, unless authorisation is granted in writing by ICEX.
– ICEX will expressly authorise the inclusion of hypertext links (hyperlinks) in other websites that target the home page of this Portal or any of its internal websites, as long as the corresponding websites appear in a complete window and use their own electronic addresses.
– Any rights not expressly granted in advance are reserved for ICEX or, when applicable, for the third-party owners of said rights.
5. Procedure in the event of illegal activities
In the event that any User or third party considers that events or circumstances reveal an illegal use of any Content and/or the implementation of any activity in the websites included in or accessible through the Portal and, in particular, the breach of intellectual or industrial property rights or other rights, a notification must be remitted to ICEX, containing the following information:
– Personal data of the claimant: name, address, telephone number and email address.
– Explanation of the supposed illegal activity carried out in the Portal and in particular, when entailing a supposed breach of rights, a precise and specific indication of the protected contents and their localisation in the websites.
– Events or circumstances that reveal the illegal nature of the aforementioned activity.
– In the case of a supposed breach of rights, a handwritten signature or the equivalent, with the personal data of the owner of the rights object of the supposed infringement or the person authorised to act in the name and representation of the former.
– Express, clear and responsible statement of the claimant that the information given in the notification is exact and of the illegal nature of the use of the contents or performance of the described activities.
6. Data Protection
In accordance with the provisions of legislation in effect on Data Protection, ICEX informs Users that it counts with a Privacy Policy, so that these may freely and voluntarily determine whether or not they wish to provide the personal data which may be required for subscription or registration purposes as regards some of the Services offered.
The Privacy Policy is available at all times through the link in our website www.icex.es.
7. Cookies used in the website
In accordance with the provisions of legislation in effect on cookies, ICEX informs Users that it counts with a Cookies Policy, so that these may freely and voluntarily determine whether or not they accept the cookies used in the website: www.icex.es, in such a way that Users may decide whether or not these are to be installed in their devices.
The Cookies Policy is available at all times through the link in our website.
8. Notifications
All notifications and communications by the User to ICEX will be considered efficient, for all purposes, when issued in any of the following ways:
Postal delivery to the address: Paseo de la Castellana 278, 28046 Madrid. Communication by means of a telephone call to the number: (+34) 900 349 000.
Email sent to the following address: informacion@icex.es
9. Withdrawal and suspension of services
ICEX may remove or suspend, at any time and without prior notice, the services rendered to those Users who fail to comply with these General Conditions or with the Specific Conditions of any Service.
10. Duration and termination
The Portal service and the services rendered through the Portal have, in principle, an indefinite duration. Nevertheless, ICEX is authorised to consider the termination or suspension of the Portal services and/or any services at any time, without prejudice to the provisions concerning the same in their corresponding Specific Conditions. When reasonably possible, ICEX will notify in advance of the termination or suspension of the services rendered through the Portal and of the other Services.
11. Applicable Legislation and Jurisdiction
These General Conditions are bound to Spanish legislation.
For any controversy which may derive of the application of the services or the interpretation or application of the General Conditions, ICEX and the User, expressly waiving any other jurisdiction to which they may be entitled, will submit themselves to the Courts of Madrid (Spain).
PRIVACY POLICY
In accordance with the provisions of Organic Law 3/2018, on Personal Data Protection and digital rigths guarantees (hereinafter, LOPD), as well as its implementing regulations, approved by Royal Decree 1720/2007, dated 21 December (hereinafter, RLOPD) and Regulations 2016/679 of the European Parliament and of the Council, dated 27 April 2016 on the protection of physical persons with regards to the processing of personal data and the free circulation of said data (hereinafter, RGPD), ICEX España Exportación e Inversiones, E.P.E., M.P. (ICEX) informs Users of its Data Protection Policy, so that these may freely and voluntarily determine whether or not they wish to provide the personal data which may be required for subscription or registration purposes as regards some of the Services offered. With the exception of those fields that indicate otherwise, answers to questions on personal data are voluntary.
ICEX reserves the right to modify this policy to adapt it to changes in legislation or legal or judicial requirements, as well as the practices of the industry, at all times taking into consideration the legitimate interests of the consumer or user. Certain services offered in the Portal may contain their own Specific Conditions with specific stipulations regarding personal data protection.
Confidentiality in the automated processing of Users’ Personal Data
Data collected through the ICEX Portal will be treated as secret and confidential.
The personal data collected will be subject to automated processing and included in the corresponding automated processing activity files owned by ICEX and for which ICEX is responsible.
ICEX will provide Users with suitable technical resources so that, prior to delivery of personal data, they may access the notice on the Personal Data Protection Policy as well as any other relevant information, and may provide their consent so that ICEX may proceed with the automated processing of its Users’ personal data. The User’s acceptance of the processing of personal data is always revocable, without retroactive effects.
Finality of the collection and automated processing of Personal Data
ICEX, responsible for data processing, informs that the automated collection and processing of personal data requested is used for purposes of management, administration, provision, expansion and improvement of the services offered by ICEX in its Portal at any time, and all of the foregoing based on the contractual relationship between the User and ICEX or the User’s consent. Likewise, based on legitimate interests, its purpose is the quantitative and qualitative study of visits and of the use of services by Users, the design of new services related to ICEX’s own services and their updates, and the remission by traditional and electronic means of technical and operational information and any other information related with specific parameters selected by the User in the Registration Form, surveys or commercial or advertising information on the products and services offered by ICEX or third-party Collaborators.
Users are not required to receive the aforementioned advertising or surveys, and may mark this option in the means provided for this purpose by ICEX in the Registration Form with regards to the offered services, through a written communication or directly through the pre-notice procedure in each commercial communication.
ICEX, as a result of the existence of a previous contractual relationship and based on legitimate interests, may send commercial communications on its own products and services similar to those which were initially object of a contract with the User, without requiring the User’s authorisation or express request. Nevertheless, the User, in any case, will have the aforementioned means available to express his or her opposition to receiving this type of commercial communications.
In no case will ICEX use its Users’ personal data for purposes other than those mentioned above.
The User declares that all of his or data provided are true and correct and is obligated to communicate to ICEX any changes in relation to the same. The User is entitled to oppose the processing of any of his or her data that is not absolutely necessary for formalizing the contract and the use of the same for any other purposes different from the maintenance of his or her contractual relationship.
Likewise, the User guarantees being over the age of 14 and having sufficient legal capacity to enter into obligations with regards to the services offered by ICEX, in accordance with applicable regulations.
Personal data of third parties provided by the User to ICEX
In the event that the User provides personal data of third parties, ICEX will not be held liable for compliance with the principles of information and consent, wherefore the User must guarantee ICEX of having previously informed and obtained the express consent of the owner of that data to notify ICEX of the same. To this end, the User must inform the third party of this Privacy Policy and obtain express consent for the processing of the third-party data by ICEX. The User will release ICEX of any liability in relation to any non-compliance in which it may incur in this regard.
Transfer of personal data of Users to third parties
The transfer of personal data of Users to third parties will not take place without prior consent granted by the Users. In this case, ICEX will expressly inform the User of the transfer of his or her personal data to third parties, identifying the transferees of said data and the purpose of the transfer of that personal data.
Notwithstanding the preceding paragraph, the User grants permission for the use of his or her personal data when this is required by Public Administrations, the State Fiscal Authority, Courts and competent administrative Authorities or by judicial sentence; likewise, in general, to physical or legal persons to which the communication of said data is necessary for the correct and improved customer service, or by legal imperative.
The User’s acceptance of the transfer of personal data is always revocable, without retroactive effects.
Retention period of personal data
Users’ data will be retained for the minimum time period necessary to correctly render the service offered as well as to respond to any liabilities which may derive of the same and with regards to any other legal requirement.
In the case of the use of Users’ data to receive commercial communications from ICEX, Users’ data will be retained until the User declares the wish to no longer receive said communications, whether through the means offered in the communications themselves or through one of the ways explained below.
International transfers
Given the fact that the majority of the activities ICEX implements to promote the internationalisation of Spanish companies take place abroad, it might be necessary for ICEX to communicate specific personal data of its clients to Fair Institutions and other foreign companies and bodies with which ICEX carries out said activities for purposes of their execution. The transfer of this data will be limited solely and exclusively to pertinent issues related with service provision by ICEX, which will at all times guarantee compliance with data processing standards and that the data will not be used for other purposes.
Users’ Rights in relation to their personal data
Users are entitled to exert their rights to access, rectify, suppress, oppose, limit and in relation to the portability of their data, for which Users must send a letter or email, attaching a copy of their National Identity Card (DNI) or equivalent documentation for identification purposes, to the following address:
Paseo de la Castellana, 278
28046 Madrid
delegadoprotecciondatos@icex.es
Models, forms and other information are available on Users’ rights in the website of the Spanish Data Protection Agency, the Agencia Española de Protección de Datos www.agpd.es.
Security and updates of Users’ personal data
ICEX has adopted the legally required levels of protection of personal data, and has installed all of the technical means and measures within its reach to avoid the loss, misuse, alteration, unauthorised access or theft of personal data provided, in line with technical state-of-the-art and in compliance with legislation in effect. Despite this, the User must be aware that security measures used in the Internet are not impregnable.
For purposes of keeping Users’ personal data updated, it is important for Users to notify ICEX whenever any change occurs in the same.
Data Protection Officer
The ICEX DPO (Data Protection Officer) is in charge, within ICEX, of compliance with regulations on personal data.
Users may contact the ICEX DPO at the following address:
delegadoprotecciondatos@icex.es
or at the postal address in Spain, Madrid, Paseo de la Castellana, 278 (att. Data Protection Officer).
Cancellation of the commercial communications service
Users are entitled to revoke, at any time, the consent given to receive commercial notifications, by notifying ICEX of the wish to no longer receive these. For this, the User may either revoke his or her consent via the means described in the preceding section on Users’ rights in relation to personal data, or click on the link included in each commercial communication, thereby cancelling the sending of electronic commercial communications.
