These general conditions regulate the use and access to the Internet service that the project DEFACTO , a project that has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 875247, at the following electronic address: www.defacto-project.eu
1.- Use of this Web Site:
The functioning of the Web Site : www.defacto-project.eu is regulated in these General Conditions that are available to the User, the main objective of which is to inform about its services and who the consortium responsible for the project is. The use of the Web Site attributes the status of User, and implies full acceptance by the User of all the Conditions of Use of the Web Site in force when he or she accesses it. Consequently, if the User does not agree with any of the conditions laid down herein, he should not use this Web Site.
In like manner, the User undertakes not to use the information published in the Web Site, for illegal purposes or effects, contrary to the contents of these General Conditions, that might injure the rights or interests of third parties, or which may in any way damage, render useless, overload, deteriorate the Web Site or information provided in it or impede the normal use or enjoyment of the Web Site by other users.
The User shall refrain from obtaining information, messages, graphics, drawings, sound and/or image files, photographs, software and, in general, any class of accessible material through the Web Site or its services, using means other than those that have been made available to it, or, in general, those that are regularly used on the Internet.
2.- Right to modify the Web Site, right to restrict access to the Web Site and right to suspend the operability of the Web:
DEFACTO reserves the right to modify the presentation or configuration of the Web Site at any time, without prior notice, and also the information, services, the present Conditions of Use of the Web Site, or any other applicable general or specific conditions, instructions or notices. These modifications shall be to improve the User’s services, according to market trends. In addition, DEFACTO reserves the right to suspend, interrupt or leave the Web Site inoperative, or to restrict its access, partly or completely, individually or collectively, temporarily or finally, at any time.
3.- Web Surfing Cookies:
Nevertheless, if the User does not want to use these cookies, they can rescind the use of system cookies from their Web browser options. These files can also be deleted without affecting the quality of the Web Site, and the only effect of this configuration is that the Web Site takes longer to download, as the files are not in the User’s cache memory.
4.- Access and use of the Web Site is free:
The Web Site service provision by the User is free and requires no prior subscription or registration. The User’s identification is only required in the following situations: When the User asks us for more information on a matter of his interest, he sends us an e-mail to contact use, wants to access the images publications that are available at our library, or asks us to send him press releases or news sheets.
The registration and identification of the User’s personal data will be governed by the indications in the tenth section: Privacy and confidentiality protection policy of the personal information that the Users freely and voluntarily provide.
The Web Site may possibly at times offer the User technical link devices (links, banners or buttons), directories and search tools allowing users to access web sites belonging to and/or managed by third parties. DEFACTO does not offer or market on its own or by means of third parties, the services available at the linked sites, or control, exercise supervision or approve the products, services, contents, information, data, files and any other class of material in these linked sites.
DEFACTO. therefore declines any responsibility regarding the information that falls outside this Web Site and which is not managed directly by DEFACTO.
If the User wants to establish a link, or make any similar action with regard to the Web Site, this should be previously authorised by DEFACTO. Any other use, assignment to third parties, communication, and disclosure of the full or partial, public or private Contents is forbidden. DEFACTO. reserves the right to exercise the respective civil and criminal legal actions to demand the compliance of this clause and to claim for damages.
6.- Intellectual and Industrial Property Rights:
The User acknowledges and accepts that all Industrial and Intellectual Property rights on the Contents and/or any other elements inserted in the Web Site (including, without limitation, trademarks, logotypes, trade names, texts, images, graphics, designs, sound, databases, software, flow charts, presentation, “look-and-feel”, audio and video), are the property of DEFACTO. and/or third parties. In no event does access to the Web Site imply on the part of DEFACTO and/or the third parties who own the Web Site’s contents, any kind of waiver, transmission, licence or total or partial cession of such rights, unless otherwise expressly established.
7.- Exclusion of guarantees and responsibility:
7.1.- Of functioning of the Web Site
The use of the Web Site attributes the status of User, and implies full acceptance by the User of all the Conditions of Use of the Web Site in force when he or she accesses it. Consequently, if the User does not agree with any of the conditions laid down herein, he/she should not use this Web Site.
DEFACTO does not guarantee the availability and continuity of the functioning of the Web Site and shall in no event be held liable for damages or losses that might be derived from (i) lack of availability or accessibility to the Web Site or those other sites with which a Link has been established; (ii) interruption in the functioning of the Web Site or computer faults, telephone failures, disconnections, delays or blocking caused by deficiencies or overloads on the telephone lines, in the Internet system or in other electronic systems produced in the course of its functioning; (iii) lack of suitability of the Web Site for the specific needs of the Users and (iv) other damages that might be caused by third parties through unauthorised intromissions or hackers outside the control of DEFACTO.
DEFACTO does not guarantee the absence of virus or any other elements in the Web Site introduced by outside third parties that may produce changes in the Users’ physical or logic systems or in the electronic documents and files stored in their systems, and shall in no event be responsible for damages or losses that might be derived from the presence of virus, malware or other elements that could produce alterations in the physical or logic systems, electronic documents or User files.
However, DEFACTO adopts various protection measures to protect the Web Site and Contents against hackers. However, this does not guarantee the unauthorised use by third parties to access the type of use of the Web Site made by the User or conditions, characteristics and circumstances in which that use is made DEFACTO. shall consequently in no event be responsible for damages or losses derived from such unauthorised access.
7.2.- For the use of the Web Site
DEFACTO shall in no event be responsible for the use that users and/or third parties may make of the Web Site, or for any damages arising therefrom.
7.3.- For the Contents
The Contents of the Web Site are the sole property of DEFACTO and are made available by it in good faith and with the best professional quality standards. DEFACTO however excludes any kind of liability for damage of any nature that might be due to lack of truthfulness, accuracy and/or current importance of the contents of the Web Site.
8.- Partial nullity:
Should any of these general conditions be declared null, invalid or ineffective this shall not affect the validity or effectiveness of the other clauses that shall continue to be binding between the parties. The waiver by any of the parties to demand the compliance at a given time of any of the conditions stipulated herein, shall not imply a general waiver to comply with the other condition or conditions, nor shall it create an acquired right for the other party.
9.- Applicable law and jurisdiction:
The provision of the Web Site service and present Conditions of Use of the Web Site are governed by the applicable legislation in the territorial regulations of the European Union, and specifically by the laws that make up Spanish legal regulations applicable to information society and electronic commerce services and Spanish legislation on personal data protection. For any disagreements in the DEFACTO, interpretation, fulfilment of these Conditions, or in the relations between the User and DEFACTO both parties expressly waive any other privileges that might correspond to them and agree to submit to the jurisdiction and exclusive competence of the Law Courts and Tribunals of Madrid (Spain).
10.- Privacy and confidentiality protection policy of the personal information that the users freely and voluntarily provide:
In accordance with Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016, DEFACTO hereby sets out how the personal data voluntarily supplied by the User on the Website will be treated.
10.1- Identification of the File Manager and information recipients
• You can contact us at firstname.lastname@example.org At DEFACTO we take your privacy seriously and want you to understand our practices relating to the processing of Users’ personal data. This privacy statement explains how we do it.
10.2- Purpose of data treatment
The personal data gathered by DEFACTO on the forms and contact channels on the website has the following purposes:
• CONTACT: Identification details gathered through this form are for the purpose of providing the requested service and consultancy requested in the communication made by the User.
Personal data processing for purposes other than those detailed above, will require the express prior consent of the User in each case.
DEFACTO reserves the right to disclose your personal data as required by law, or when it considers that its disclosure is necessary to protect their rights and/or comply with the requirements of a legal procedure, court order, regulator request or any other legal process affecting DEFACTO.
The processing of the User’s data for the different purposes set out in the previous section is based on the consent that DEFACTO requests from the User; under no circumstances shall the withdrawal of this consent restrict the DEFACTO of the product procurement contract.
10.4- Data security
Once DEFACTO has received the User’s data, it will take the appropriate security measures to avoid any unauthorized access, inappropriate use or disclosures, unauthorized modifications, illegal destruction, or accidental loss.
10.5- Data comunication to Third Parties
DEFACTO will not communicate personal data to third-party companies except for companies of the consortium, or in cases of legal obligation or with the consent of the data subject.
Should the possibility of transferring your data be considered for other circumstances, DEFACTO will request the User’s express consent.
Notwithstanding the above, DEFACTO informs you that the provision of some of its services and/or products requires the storage of your data in systems belonging to DEFACTO or third parties and access to your data by DEFACTO or third parties, with the commitment of DEFACTO to comply with all applicable legislation. For these purposes, DEFACTO informs you that it will commission third parties to handle certain functions such as maintenance of computer systems and management and auditing services.
10.6.- Data Retention
The personal data gathered on the forms and contact channels on the website will be retained under the following conditions:
• CONTACT: DEFACTO will retain the information supplied until the consultation has been resolved and, in any event, for up to a maximum of twelve months, unless another consultation is made or the user signs up for our services. After that, the data will become non-identifiable or will be deleted.
The User can modify his communication preferences at any time, as well as exercise the following rights:
• Right to Access, allowing the User to consult his personal data.
• Right to Rectification, allowing the User to modify his personal data when they are inaccurate.
• Right to Erasure, allowing the User to request that his personal data associated with the service be erased.
• Right to Object, allowing the User to request that his personal data not be processed.
• Right to Restriction of Processing, allowing the User to request that his data be restricted from processing in the following cases:
• While the User contests the accuracy of his data.
• When the processing is unlawful, but the User opposes erasure of his data.
• When DEFACTO does not need to process the User data, but the User needs those data for exercising or defending legal claims.
• When the User opposes the processing of your data pursuant to a legitimate interest by DEFACTO, pending verification whether the legitimate grounds of the controller override yours.
• Right to Portability, allowing the User to receive the personal data he provided in electronic format, as well as to transmit those data to another entity.
• Right to Withdraw Consent, giving the User the right to withdraw the consent he granted for the processing of the personal data at any time and via any of the channels indicated below, without affecting the legality of any processing carried out prior to withdrawal.
10.8.- Contact DEFACTO
DEFACTO will do its utmost to ensure that the data is always kept up to date. However, the quality of the data is the responsibility of the owner, and if there is any modification in the User data on the web, the user will notify the File Manager, who shall take no responsibility if any change in data fails to be notified to DEFACTO.