Legal advice

 

 

In accordance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce we inform you that the entity Plásticos Inyectados S.A. (hereinafter ) with Tax I.D. Code No. A-46116398 and domicile at en Paterna (Valencia, España), calle Ciudad de Sevilla, 34, Polígono Industrial Fuente del Jarro, 46988, is recorded in the Commercial Registry of Valencia Volume 4564, book 1875, folio 206, General Section, page V-27498 7 entry. You can contact us through this address, with the contact form or sending an e-mail to the following e-mail address:info@plastinsa.com

 

© Caiba 2014. Total or partial reproduction is prohibited.

 

Use of personal data in e-mail

 

In accordance with the Organic Law on Personal Data Protection (LOPD), we inform you that Plastinsa, with domicile at en Paterna (Valencia, España), calle Ciudad de Sevilla, 34, Polígono Industrial Fuente del Jarro, 46988, is responsible for and is the sole recipient of the processing of the personal data relating to your identification, location, identification of the entity to which you belong and the position you hold in name and as contact with the entity which you represent, used to contact you through e-mail. Said data are processed with the purpose of carrying out all the procedures relating to attending to your request, preparation of estimates, contracting and providing of service to you or to the entity which you represent, as well as the maintenance of histories of commercial relations. You consent to the processing of your data for these purposes, and may exercise your rights of access, rectification, cancellation and opposition at the above mentioned address or the one substituting it and communicated in the General Registry of Data Protection. Likewise, we ask that, with the purpose of maintaining the data updated, you communicate to the indicated address any variation of the same, as well as the cessation of your activity in the entity in order to carry out the cancellation and/or historical processing of the same.

 

Plastinsa privacy policy

 

Plastinsa wishes to make known to the users of the website its policy regarding the processing and protection of the personal data of users and customers which it collects from them due to viewing the site or when using the services offered in it.

 

Personal data will be understood to mean any information that is numerical, alphabetical, photographic, acoustic or of any other type concerning identified or identifiable physical persons.

 

The collection of personal data, processing and its subsequent use are subject to the current law in Spain on data protection established by the Organic Law 15/1999 of 13 December on Personal Data Protection (hereinafter LOPD) and its complementary regulations. Plastinsa will only be responsible and will guarantee confidentiality and safety with regard to the personal data it collects from the user through the website, not having any type of responsibility with regard to the processing and subsequent use of the personal data that may be carried out by third-party service providers of the information society that act outside the website.

 

When are the personal data of users collected on the website?

 

Plastinsa informs its user that the collection of personal data may be carried out mainly through the sending of an e-mail to the e-mail address info@plastinsa.com, as long as you include in it some personal data, as well as through the forms that Plastinsa includes on the website in the future and in which Plastinsa is identified as responsible for the data collected through the same.

 

Plastinsa informs the users of the website that the optional or obligatory nature of the completion of all the data requested will be made known in advance.

 

If you do not want Plastinsa to subject your personal data to processing, we ask you to abstain from completing the existing forms on the website. In any case, you will be informed expressly and legibly regarding the conditions in which personal data are collected and the purposes for which they are to be used, of the obligation to provide them or the absence thereof, of the rights to which the user is entitled, of the conditions under which they may be exercised, and of any other complementary information that is necessary.

 

Processing of personal data will be understood to mean those operations and technical procedures of automated or non-automated nature, which allow the collection, recording, conservation, preparation, modification, blocking and cancellation, as well as the assignments of data resulting from communications, enquiries, interconnections and transfers.

 

Purpose of the collection and processing of personal data.

 

Regarding the personal data collected by e-mail and/or completion of the website forms, the purposes of processing will be as follows: to answer your communication; to attend to your request for information; to include you or the company to which you belong in the list of contacts, to facilitate future commercial relations or to manage the currently existing commercial relationship, to carry out the necessary communication through you, to send you the necessary documentation or information requested, as well as to maintain a history of commercial relations and of communications.

 

The communication of data to Plastinsa must be true and current.

 

If the user is a minor or incompetent, Plastinsa warns that it is necessary to have the consent of his/her parents, tutors or legal representatives for the communication of their personal data; therefore, Plastinsa asks that the user abstain from using the e-mail service and/or completion of forms if he/she does not have the consent of parents, tutors or legal representatives; otherwise, Plastinsa will not be responsible for the actions of the minor or incompetent person.

 

Rights to which the user is entitled as owner of his/her personal data.

 

Plastinsa informs the users of the rights to which they are entitled by virtue of the LOPD. The user may at any time know what data has been collected and processed by Plastinsa about him/her; rectify the information that is inaccurate; cancel said data or oppose its processing, the latter right being limited to the cases in which his/her consent is not necessary for the processing of data, as long as a law does not provide otherwise, and when there exist founded and legitimate reasons relating to a specific personal situation, or when the processing of his/her personal data is carried out for advertising or commercial prospection purposes.

 

The exercising of these rights on the part of the user must be done by sending written communication, together with the photocopy of National Identity Document or other valid means under law of accrediting the identity of the user, to the following address: Plastinsa, en Paterna (Valencia, España), calle Ciudad de Sevilla, 34, Polígono Industrial Fuente del Jarro, 46988 or the one that substitutes it in the General Register of Data Protection. Said communication will contain the following information:

 

  • Name and surnames of the user.
  • Petition in which the request is specified.
  • Domicile for notification purposes, date and signature of the user.
  • Documents accrediting the request formulated, as applicable.

Plastinsa notifies the users that the exercise of these rights is very personal; therefore, only the user may exercise said rights with regard to the personal data of which he/she is legitimate owner. Nevertheless, and in cases which are exceptionally allowed, the authorized representative of the user may exercise the rights to which said user is entitled under the terms stated, as long as said communication is accompanied with the document accrediting said representation.

 

Plastinsa informs that the exercise of said rights by a third party not legally authorized by the user may suppose the commission of the offence of disclosure and revealing of secrets stated in the second section of article 197 of the Criminal Code, punishable with prison sentences of one to four years and fine of twelve to twenty-four months; notwithstanding other consequences which must be faced as a result of any civil or administrative actions to which both the user who is the legitimate owner of the personal data, and Plastinsa may be entitled.

 

Recommendations to users

 

Plastinsa recommends that its users use the latest versions of computer programmes, due to their incorporation of increased security measures.

 

Likewise, Plastinsa recommends that the users use the security mechanisms at their disposal (secure Web servers, encryption, digital signature, firewall, etc.) to protect the confidentiality and integrity of their data to the extent they deem necessary, as there are risks of identity theft or violation of communication.

 

Plastinsa reminds the users that Internet is not always as secure as we would like it to be; therefore, they must adopt the necessary and suitable technical measures in order to prevent the unauthorized processing of their data.

 

Plastinsa warns the users that always when providing personal information through Internet by e-mail, news groups, discussion forums, etc., they should bear in mind that said information may be collected and processed for purposes not desired by the users; therefore, Plastinsa advises the users to be informed regarding the confidentiality and privacy policies of the online sites they visit.

 

Plastinsa warns users to bear in mind that unless they use encrypting mechanisms, email in Internet is not secure. E-mail messages and discussion forums can be the object of falsification and identity theft, which should be taken into account whenever they are used. If they do not want to publish their e-mail address, they should configure their browser so that it does not leave their e-mail address in the web servers they enter.

 

Policies of use of the Plastinsa website

 

General Conditions of Use of the Website

 

The terms and conditions that will later be indicated regulate the access and use of the website www.plastinsa.com (hereinafter, the site or website), a website which is the responsibility of Plastinsa. Included within the expression “site or website” are – with delimiting character but not limiting- texts, graphs, images, animations, musical creations, videos, sounds, drawings, photographs, etc. included in it, and in general, all the creations expressed by any medium or format, tangible or intangible, currently known or that is invented in the future, regardless of whether or not they are subject to intellectual property according to the Consolidated Text of the Law on Intellectual Property or a regulation that may substitute it in the future.

 

Access to the site implies that the visitor acquires a series of rights and obligations, in order to guarantee the adequate enjoyment of the services and content that are in it and that Plastinsa places at the disposal of the user free of charge, unless the particular conditions that regulate a specific service or content accessible through the website require that the user pay an economic fee for its use and enjoyment.

 

The visitor is aware that the access to and use of the services and content of the site done under his/her sole responsibility.

 

The status of user is acquired by logging in to the website. The user will use the services and content exclusively for private purposes and/or due to his/her status of Plastinsa client, with exclusion of any modality of subsequent use of the same for profit or obtaining any benefit, direct or indirect.

 

Plastinsa makes known to the user the following general conditions of use, which are expressly and fully accepted by the same by merely logging in the website and/or the viewing of the content or use of the service contained in the website.

 

If these general conditions are substituted by others wholly or partially, said new general conditions will be understood to be accepted in the same way as the one stated. Nevertheless, the user of the website must access these general conditions periodically to know the successive versions that are included here, although it is recommended that the user access them each time he/she intends to log in or make use of the services and content of the website.

 

In the event that the user does not accept these general conditions, or, as applicable, the particular conditions regulating the use of a specific service and/or content for the users of the website and that said entity determines, the user must abstain from logging in the web site.

 

Plastinsa may establish Particular Conditions for the use of specific content and services, which must be known and accepted by the user prior to their use in accordance with the terms that are stated in said Particular Conditions.

 

The user must establish the appropriate security measures of technical nature to prevent undesirable actions in his/her system of information, files and computer equipment used to access Internet and in particular, the website, in the awareness that Internet is not totally secure.

 

Purpose of the website

 

Through logging in the site, the user may enjoy the use of various contents and services that will be offered either by Plastinsa or, as applicable, either by third-party suppliers on the conditions specified for the same. Generally, the services and content offered through the page will be available in Spanish, notwithstanding the possibility of reservation of Plastinsa to access the same in the rest of the official autonomous languages, as well as in another language spoken in the European Union.

 

Plastinsa may, unilaterally and with no prior notice, the provision, configuration, content and services of the site, as well as the conditions for the use of the same and the access to the services provided, notwithstanding the provisions in the particular conditions regulating use in a specific service and/or content for customers of Plastinsa and/or users of the website.

 

The cost of telephone consumption or other type of expense for connection to access to the website will be at the exclusive expense of the user. The user must only meet the following technical conditions to benefit from the use of the page www.plastinsa.com:

 

Browser: Internet Explorer version 9 or superior, Chrome, Mozilla Firefox or Safari.

 

User rights and obligations

 

The user may:

 

Gain access, free of charge and with no need for prior authorization, to the contents and services of the site available as such, notwithstanding the particular technical conditions or the need for prior registration with regard to specific services and contents for the customers of Plastinsa as determined in these general conditions or in the particular conditions of said services.

 

Use the services and contents available for his/her exclusively private use, notwithstanding the provisions in the particular conditions that regulate the use of a specific service and/or content for the customers of Plastinsa.

 

The user may download a single copy of the web page for its “off-line” viewing for personal and non-commercial purposes.

 

Make correct and licit use of the site, in conformity with current law, morality, decency and public order.

 

Prohibitions

 

Under no circumstances may the user:

 

Gain access to or use the services and content of the site for purposes that are illicit, injurious to the rights and freedoms of third parties, or that may harm, damage or impede in any way, access to the same, to the detriment of Plastinsa, or of third parties.

 

Use the services, total or partially, to promote, sell, contract, disseminate advertising or own information or information of third parties without prior authorization of Plastinsa. Introduce information into the website or use the existing services in it to attack directly or indirectly – rights and very especially, the basic rights and public freedoms – of other users of the website or of Plastinsa; that incite or promote the carrying out of unlawful, xenophobic terrorist or degrading acts for reasons of age, sex, religion or beliefs; or of pornographic, obscene, violent character, or that attack the law morality or decency. For these purposes, information will be understood to mean, including but limited to: texts, graphs, images, videos, sounds, drawings, photographs, data, notes, etc.

 

Include hyperlinks on their private or commercial web pages to this website that are not limited solely and exclusively to the access to the home page of the same.

 

Use the services and contents offered through the site contrary to the general conditions of use and/or the particular conditions that regulate the use of a specific service and/or content, and to the detriment or with impairment of the rights of the rest of the users.

 

Perform any action which impedes or makes difficult access to the site by the users, as well as the hyperlinks to the services and contents offered by Plastinsa or by third parties through the website.

 

Use the website as a channel of access to Internet to commit illicit acts or acts against current law, morality decency and public order.

 

Use any type of computer virus, code, software, computer programme, computer or telecommunications equipment, that may cause damages or unauthorized alterations of the contents, programmes or systems accessible through the services and contents provided on the website or in the information systems, files and computer equipment of the users of the same; or the unauthorized access to any contents and/or services of the website.

 

Eliminate or modify in any way the devices of protection or identification of Plastinsa or their legitimate owners that may contain the contents housed in the website, or the symbols that Plastinsa or the third parties that are legitimate owners of the rights incorporate to their creations that are object of intellectual or industrial property existing on this website.

 

Include on websites of their responsibility or property “metatags” corresponding to brands, commercial names or distinctive symbols that are property of Plastinsa.

 

Reproduce, totally or partially, the website www.plastinsa.com in another site or web page; the user may not frame the site www.plastinsa.com or the web pages accessible through it that hide or modify with delimited character but not limiting – contents, advertising spaces and trademarks of Plastinsa or of third parties, regardless of whether they are acts of unfair competition or of confusion.

 

Create frames within a website of his/her responsibility or property that reproduce the main page and/or the pages accessible through it, corresponding to this website and without the prior authorization of Plastinsa.

 

Include in a website of his/her responsibility or property a hyperlink that generates a window or session of the browser software used by a visitor, user or customer of his/her website, in which trademarks, commercial names or distinctive signs of his/her property are included and through which the main web page ofwww.plastinsa.com is shown or any of the pages accessible through the same.

 

Use the trademark, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the express written authorization of its owner.

 

Perform any action that supposes the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that supposes the modification or alteration of all or part of the contents and services of the site or the economic utilization of the same, without the prior written authorization of Plastinsa, or of the third party owner of the intellectual and industrial property rights attributed to the services or contents of the website and except as provided in these general conditions or, as applicable, particular conditions that regulate the use of a service and/or content existing on the website.

 

Plastinsa rights and obligations

 

Plastinsa reserves the following rights:

 

To modify the conditions for access to the page, both technical and otherwise, unilaterally and without prior notice to the users, notwithstanding the provisions in the particular conditions regulating the use of a specific service and/or content for the customers of Plastinsa and/or users of the website.

 

To establish particular conditions and, as applicable, the requirement of a price or other requirements for access to specific services and/or contents.

 

To limit, exclude or condition the access of the users when all the guarantees of correct use of the site are not given by the same in accordance with the obligations and prohibitions assumed by the same.

 

To finalize the provision of a service or supply of a content, without the right to indemnification, when the same is illicit or contrary to the conditions established for the same, notwithstanding the provisions in the particular conditions regulating the use of a specific service and/or content for the users of the website.

 

To modify, delete or update all or part of the contents or services offered through the site, with no need for prior notice, notwithstanding the provisions in the particular conditions regulating the use of a specific service and/or content for the users of the website.

 

To undertake any legal or judicial action that is necessary for the protection of the rights of Plastinsa as well as of third parties that provide their services or contents through the site, whenever necessary.

 

To require the indemnification that may be derived due to the misuse or illicit use of all or part of the services and contents provided through the site.

 

Exemption and limitation of responsibility of Plastinsa

 

Plastinsa will be exempt of any type of responsibility for damages of any nature in the following cases:

 

Due to impossibility or difficulties in connection to the communication network through which this website is accessed, regardless of the type of connection used by the user.

 

Due to the interruption, suspension or cancellation of access to the website, as well as due to availability and continuity of the operation of the site or of the services and/or contents in the same, when this is due to a cause beyond the control of Plastinsa, coming either directly or indirectly from it.

 

Plastinsa does not assume any liability with regard to the services and contents, or for the availability and conditions, whether technical or not, of access to the same, that are offered by third-party service providers, especially with regard to the service providers of the information society. Service providers of the information society will be understood to mean those physical or legal persons who provide the following services to the public: Transmission through a data communication network provided by the recipient of the service, services of access to said network, data storage or housing services, supply of contents or information, service of temporary copying of the data requested by the users, provision of links to contents or search instruments.

 

Plastinsa will at no time assume responsibility for the damages that may be caused by the information, contents, products and services with delimiting character but not limiting – lent, communicated, housed, transmitted, exhibited or offered by third parties outside Plastinsa –including the service providers the information society- through a website which can be accessed through a link existing on this site.

 

For the processing and subsequent use of personal data made by third parties outside Plastinsa, as well as the pertinence of the information requested by the same.

 

For the quality and speed of access to the site and the technical conditions that the user must meet in order to access the site and its services and/or contents.

 

Plastinsa will not be responsible for the delays or failures that occur in the access and/or operation of the services and/or contents of the web site, due to a case of Force Majeure. “Case of Force Majeure” will mean all those causes that have not been foreseeable, or that, even if foreseen, were inevitable, and which result in the non-fulfilment of any of its obligations. These include, but are not limited to strikes, both of its own workers and of outside workers, insurrections or revolts, as well as rules dictated by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning or fire, war, lockouts or any other situation of force majeure.

 

The user of the site will be personally liable for the damage of any nature caused to Plastinsa, directly or indirectly, by the non-fulfilment of any of the obligations derived from these general conditions or other rules by which the use of the site are governed.

 

Intellectual and industrial property

 

The user knows that the contents and services offered through the site – including texts, graphs, images, animations, musical creations, videos, sounds, drawings, photographs, all the comments, presentations and html code of the same, without this numbering being of limiting nature – are protected by the laws of intellectual property. Copyright and economic exploitation rights of this site correspond to Plastinsa.

 

The trademarks, commercial names or distinctive signs that appear on the website are the property of Plastinsa, and are protected by the current laws on industrial property.

 

The provision of the services and publication of the contents, through the site will not imply in any case the assignment, waiver or transmission, total or partial, of the ownership of the corresponding intellectual and industrial property rights.

 

No part of this website may be reproduced, distributed, transmitted, copied, communicated publicly, transformed, wholly or in part through any manual, electronic or mechanical system or method (including photocopying, recording or any system of information retrieval and storage) through any format currently known or that is invented in the future, without the consent of Plastinsa. The use, under any modality, of all or part of the content of the site is subject to the need to request prior authorization of Plastinsa and the acceptance of the corresponding licence, as applicable, except for the provisions with regard to the rights recognized and granted to the user in these general conditions or what is thus determined in the particular conditions that Plastinsa sees fit to establish to regulate the use of a specific service and/or content offered through the website.

 

Under no circumstances may the user make use or utilization of the services and contents existing in the page that is not exclusively personal, save the specific exceptions in these general conditions of use of this site or in the particular conditions that Plastinsa sees fit to establish to regulate the use of a specific service and/or content offered through the website.

 

If the action or omission that is guilty or negligent directly or indirectly attributable to the user of the website that originates the infringement of the intellectual and industrial property rights or of third parties –whether or not there is benefit for the same- causes Plastinsa damages, losses, joint obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, lawsuit, action, case or proceeding, whether civil, criminal or administrative, Plastinsa will have the right to bring proceedings against the user through all the legal means at its disposal and claim any amounts of indemnification, including but not limited to moral damages and to reputation, consequential loss and loss of earnings, advertising costs or of any other nature that may result for their repair, amounts of sanctions or convictions, of late interest, the cost of financing of both amounts that may result for the opposing party, the judicial costs and the price of the defence in any proceeding in which it may be sued for the aforementioned causes, for the damages caused due to the user’s action or omission, notwithstanding the exercising of any other actions to which it is entitled by law.

 

Request for information

 

For any doubt or suggestion you may have regarding the foregoing conditions of use, you may contact us through the following e-mail address: info@plastinsa.com

 

Duration

 

The access, the contents and services offered through the site have, in principle, indefinite duration. Nevertheless, Plastinsa is authorized to terminate or suspend the access, the services and/or contents of the same at any time, notwithstanding related provisions in these General Conditions or, if applicable, Particular Conditions that regulate the use of a specific service and/or content for the users of the website.

 

Complete agreement

 

These general conditions contain all the conditions agreed on by the parties in relation to the object of the same and any declarations, commitments or promises, verbal, written or implicit, prior to these conditions will be considered as non-existent in relation to the object of the same. The fact that either of the parties does not demand, at a particular time, observance of any of the conditions established in these general conditions or, if applicable, particular conditions that regulate the use of a specific service and/or content for the users of the website cannot be interpreted by the other as waiving further demands for their fulfilment.

 

Nullity and voidability

 

In the event that any clause of these general conditions or, if applicable, particular conditions that regulate the use of a specific service and/or content for the customers of Plastinsa and/or users of the website is voidable or null, wholly or in part, this nullity or voidability will not affect the validity of other clauses of the same, which will remain with full efficacy and validity, unless the party that claims its nullity and voidability proves that without the clause that becomes null or voidable the ends pursued by these conditions cannot be fulfilled.

 

Law

 

These general conditions are subject to Spanish law.