In order to comply with what is established in the Law 34/2002, of 11th July, regarding corporate services, information and e-commerce, the following general information is indicated below for the website cerney.es:
Owner: Cerney S.A.
Address: Polígono Malpica Calle F, parc. 15-16
Registry details: Registered in the Mercantile Registry of Zaragoza, Volume 1524 - Page 178 - Sheet Z-11636 Entry number 1.
Company Tax Identification Number: A-50557644
2. Conditions of Use
2.1. Access to the website
Access to the website is free, except for the costs involved in the internet connection via telecommunication networks, to be supplied by a provider that has been contracted by the User.
2.3. Need to Register
In general, it will not be necessary to register as a User in order to access the services and content of this Website. Nevertheless, the use of certain services and content will be available, but with the condition that the User should be registered.
The information entered by the User should be accurate, current and true at all times. The registered User will be responsible at all times for the safe-keeping of their password, therefore assuming any responsibility for damages and losses that may be caused as a result of an incorrect use, as well as for the transfer, disclosure or loss of the said password. For that purpose, the access to restricted areas and/or the use of the services and content carried out with the use of the User’s password will be considered as actions carried out by the registered User themselves, who will respond in any case to the said access and use.
2.4. Rules of Use of the Website
The User is obliged to use the Website and all of its content and services in compliance with what is established by Law, morals, public order and the present General Conditions. Likewise, they are obliged to a suitable use of the services and/or content of the Website and to not use them to carry out illegal activities or those constituting unlawful behaviour, which violate the rights of third parties and/or violate the regulations for intellectual and industrial ownership rights, or any other such regulations of the applicable legal system.
The User is obliged not to pass on, enter, spread or make available to third parties any of the material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that may be contrary to the law, morals, public order and the present General Conditions. Including but not limited to or excluding that the User agrees to:
- I.- Not enter or spread content or propaganda of a racist, xenophobic, pornographic nature, or in defence of terrorism or which violates human rights.
- II.- Not enter or spread information programs in the network (virus and damaging software) susceptible to provoking damage to the IT system of the access supplier, their suppliers or third party Users of the Internet.
- III.- Not spread, pass on or make available to third parties any type of information, element or content that violates fundamental rights and public freedom recognised constitutionally and in international treaties.
- IV.- Not spread, pass on or make available to third parties any type of information, element or content that constitutes illegal or disloyal advertising.
- V.- Not spread advertising that has not been issued or authorised, advertising material, junk mail, chain letters, hierarchical structures, or any other type of solicitation, except in those areas (such as the commercial spaces) that have been exclusively designated for such purpose.
- VI.- Not enter or spread any type of information and content that may be false, ambiguous or inaccurate in such a way that it leads to an error in the receivers of information.
- VII.- Not impersonate other Users by using their username and password for the different services and/or content of the Website.
- VIII.- Not spread, pass on or make available to third parties any type of information, element or content that supposes a violation of intellectual and industrial ownership rights, patents, brands or copyright that correspond with the owners of the Website or third parties.
- IX.- Not spread, pass on or make available to third parties any type of information, element or content that supposes a violation of the secret of communications and the Data Protection Act.
The User is obliged to hold Cerney harmless in the event of any possible complaint, fine, sentence or sanction that they may be obliged to bear as a result of a breach of any of the aforementioned rules of use on behalf of the User, Cerney additionally reserving the right to demand compensation for the damages and losses that correspond.
2.5. Exclusion of Liability
Cerney does not assume any responsibility for the updating of this Website nor keeping the information found therein up-to-date, neither do they guarantee that the information published is accurate nor complete. Therefore, the User should confirm that the information published is accurate and complete before making any decision that is related with any of the services or content described on this Website.
The User’s access to the Website does not imply that Cerney is obliged to control a lack of any type of virus, computer worms or any other damaging IT element. In any case, the availability of suitable protective measures for the detection and eradication of damaging IT programs correspond with the User. Cerney is not to be held responsible for damages caused in software or computer equipment belonging to the Users or third parties during the use of the services offered on the Website.
Cerney is not to be held responsible for the damages or losses of any type experienced by the User that lead to errors or failing connections to the telecommunication network that could lead to the suspension, cancellation or interruption of the service of the Website during its use or prior to its use.
2.6. Content and services connected with the Website
The access service to the Website includes technical linking devices, directories and even search instruments that allow the User to access other webpages and Internet websites (from hereon in, “Connected Websites”). In these cases, Cerney will only be held responsible for the content and services supplied on the Connected Websites to the extent to which they have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Connected Website with illegal or unsuitable content, they will be able to inform Cerney, and in no event will such a notification lead to the obligation to remove the corresponding link.
In no event should the existence of Connected Websites represent the formalisation of agreements with those people responsible for or in ownership of such websites, nor the recommendation, promotion or identification of Cerney with the statements, content or services supplied.
Cerney has no knowledge of the content or services of the Connected Websites, and therefore is not to be held responsible for the damages produced by the illegality, quality, failure to update, unavailability, error and uselessness of the content and/or services of the Connected Websites nor for any other type of damage that is not directly attributable to Cerney.
2.7. Intellectual and Industrial Property
All of the content on the Website, that being understood as, including but not limited to, the texts, photos, graphs, pictures, icons, technology, software, links and other audio-visual or sound content, as well as its graphic design and source codes, which are the intellectual property of Cerney or of third parties, without any of the rights of use recognised by the current regulations to be understood as handed over to any User concerning its intellectual ownership.
The brands, commercial names or distinctive signs belong to Cerney or third parties, without access to the Website being understood to attribute any right to them.
2.8. Data Protection
Cerney declares that they comply with the current regulations related with Data Protection, in particular with the Organic Law 15/1999, of 13th December, concerning the Protection of Personal Data, as well as with the Royal Decree 1720/2007, of 21st December, from which the Regulation is approved for the development of the Organic Law 15/1999, of 13th December, for the Protection of Personal Data.
The User declares that all of the information provided to Cerney is true, complete and accurate and in agreement with the Organic Law for Data Protection, the person that purchases any of the products or services offered by means of the Cerney Website expressly authorises CERNEY, S.A. to enter such personal details in an automated file that appears in the forms that would have been filled out for being considered fundamental in order to offer the services in demand.
The responsible entity for the file is the mercantile entity CERNEY S.A., and for the purposes of the exercising of rights for the access, cancellation, alteration or opposition in accordance with the Law 15/1999, for the Protection of Personal Data, all of the customers are provided with the following address: CERNEY, S.A., Pol, Malpica C/F parc 15-16 CP50016 Zaragoza, as well as with the following e-mail address: email@example.com
The sending and receipt of information that is carried out by the User via the Cerney Website or the information that is sent by them, is protected by the necessary technical and organisational measures according with the level of applicable security for the information that is being handled. Likewise, the information supplied and stored in our databases is also protected by security systems that prevent the access of unauthorised third parties. Cerney makes its best effort to have up-to-date systems with the aim to achieve a greater efficiency in these security systems.
2.9. Invalidity or Ineffectiveness of the Clauses
If any of the clauses included in the present General Conditions were to be declared as completely or partially invalid or ineffective, such invalidity or ineffectiveness will only affect the said ruling or the part which results invalid or ineffective, the present General Conditions remaining the same with respect to the others, such a ruling being considered as not included completely or partially.
2.10. Applicable Legislation and Competent Jurisdiction
These General Conditions will be governed by or interpreted in accordance with Spanish Legislation in terms of those matters that are not expressly established. For any controversy that may arise in the provision of the products or services subject of these General Conditions, Cerney and the User agree to submit themselves to the Courts of Barcelona.
1. Inclusion of personal data in the files belonging to CERNEY, S.A.
In accordance with what is established in the Organic Law 15/1999, of 13th December, for the Protection of Personal Data (from hereon in, “DPA”), it informs that all of the personal data that the User provides by means of the Website www.cerney.es (from hereon in, “the Website”) will be included and handled in the files belonging to CERNEY, S.A. (from hereon in, “Cerney”) for the following purposes: to enable the provision of services in demand by the User; keep the User informed, even by electronic means, of the products and services offered by Cerney; to activate the sending of a newsletter from Cerney and to carry out market research and customer surveys.
Providing all of the details requested on the Website is necessary in order to achieve an optimum provision of the services made available to the User. In the event that not all of the details requested are provided, Cerney does not guarantee that the information and services provided can be offered, offered correctly, or meet the needs of the User.
2. Exercising of Rights
The User can exercise their rights for the access, cancellation and opposition in accordance with the DPA, by means of a notification in writing sent to CERNEY, S.A.; Pol. Malpica C/F parc.15-16 CP50016 Zaragoza; or either by means of an e-mail sent to firstname.lastname@example.org. In both cases, the interested User should include a copy of their National Identification Document, passport or other valid documentation as a means of personal identification.
3. E-commerce notifications
The User, by way of ticking the box that appears in the Legal Warning, expressly accepts, freely and unmistakably, that their personal data can be handled by Cerney for the following purposes:
- Sending of commercial notifications from Cerney via e-mail, fax, SMS, MMS, social marketing or any other electronic or physical means, present or future, which enables the communication of commercial notifications.
4. Communicating data provided by the User
5. Subcontracting in the provision of services
In the provision of the service, the user expressly accepts that Cerney can subcontract the said services to third party entities. In any case, Cerney guarantees that the companies that are subcontracted will be located in countries with a level of data protection that is comparable with the Spanish one, and that they will have previously signed a contract in accordance with what is established in Article 12 of the DPA.
The User can change the configuration of their browser so that they are notified of the receipt of cookies and to avoid their installation on their computer. Please consult the instructions and manual for your browser to find more information.
In order to use the Website, it is not necessary for the User to allow the installation of cookies sent by the Website, or the third party acting in the name of Cerney, without prejudice to it being necessary for the User to start a session as such in each one of the services that require the User to be registered or login beforehand.