RULES OF USE FOR THE WEBSITE CAPSA
The use and access to the content that houses the present Site implies the knowledge and acceptance, without any reservation whatsoever, of all the clauses under the present Legal Notice Text that are intended to inform the users about the rights, uses, prohibitions, responsibilities, etc. to be complied with when browsing the Site www.capsafood.com of Corporación Alimentaria Peñasanta S.A.
The Site www.capsafood.com, includes content and products subject to intellectual and industrial property rights. The misuse thereof beyond the limits set forth shall be legally prosecuted. We, therefore, recommend that you use them according to the standards of responsibility and good faith.
Pursuant to Section 10 of the Law 34/2002, of 11 July, regulating the Services of the Information and e-Commerce Society, you are hereby informed that the Web Page that can be accessed from the domain www.capsfood.com belongs to Corporación Alimentaria Peñasanta, S.A. (Hereinafter, CAPSA), a Company registered in the Registry of Companies of Asturias, Volume 1649, Folio 2, Page no. AS-9927, provided with ID code for tax purposes (CIF) A-0316270 and with a registered address in Sierra de Granda, s/n, CP 33.199, Siero, Asturias. CAPSA owns or holds the relevant license for the of the content, text, photographs, drawings, designs, software, source code and information incorporated and exposed in the Web Site for this purpose.
This text is intended to regulate the access, browsing and use of CAPSA’s Web Page at the following address www.capsafood.com. Further, it regulates the responsibilities arising from the use of its contents, texts, graphics, drawings, designs, photos, software, codes, databases, images and information, as well as any other creation protected by the national legislation and by the international treaties on the intellectual and industrial property, that the owner makes available to the users through its Web Page.
To the extend they may apply, the conditions governing the different services that are available in the Site www.capsafood.com are subject to the following rules: Law 34/2002, of 11 July, on the Services of the Information and e-Commerce Society; Organic Law 15/1999, of 13 December, on the Protection of Personal Data; Royal Decree 1720/2007 developing the Organic Law on the Protection of Personal Data; Law 7/1996, of 15 January, on the Regulation of Retail Commerce; Royal Decree-Law 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Defence of Consumers and Users, and other complementary laws; Law 44/2006 for the Improvement of the Protection for Consumers and Users, and the associated regulations.
CAPSA makes available a Contact form at no charge that you can use to send your queries and suggestions.
Use of the Web Page and the Services
Browsing and using the Site, as well the use of most of the services contained in it, is completely free; with express compliance, without any reservations, of this Legal Notice.
Further, the user commits to make a proper use of the Site in accordance with the content of this Legal Notice, the good faith principles and the current legislation in force. Any use that is unlawful, contrary to public order and/or detrimental to the rights and interests of other persons is expressly prohibited, and CAPSA reserves the right in these cases to take the legal actions it may deem appropriate.
strong>Intellectual and Industrial Property Rights
CAPSA owns or holds a license for the use of the exploitation rights of intellectual and industrial property of the Site "www.capsafood.com", as well as for the use of the content available through the same including, but not limited to, the following: texts, graphics, designs, logos, trademarks, trade names, photographs, images, designs, audio-visual or audio content, software, databases.
The fact that users are granted the right to access the Site www.capsafood.com shall not imply, under any circumstance, a waiver, transfer, licence or assignment, whether total or partial, of the same by CAPSA.
The users of the Site www.capsafood.com shall refrain from carrying out, amongst other, the actions below mentioned:
– Delete, by-pass or alter any data identifying the rights of the holder of the Site or of its holders when such data is integrated with the contents; neither can they delete, by-pass or alter the said data when it is included in the technical protection devices or in any other means of information and/or identification including contents.
– Modify, copy, reuse, exploit, reproduce or publicly disclose, make second of further releases of, load files with, send by email, transmit, use, process or distribute, by any means or in any way, the whole or a part of the contents under this Site for publicity or commercial purposes, unless CAPSA or the holder of the rights concerned have given their consent in writing.
– Reproduce, copy, extract or reuse for private use or for public disclosure, those contents considered as Software of Data Base according to the provisions in the Consolidated Text of the Law on the Intellectual Property.
The domain www.capsafood.com, a property of CAPSA, shall not be used as linked to other contents, products or services not being the property of CAPSA when such use may mislead the final users or damage CAPSA’s reputation.
CAPSA shall take all the measures required, to the extent it is possible, to notify the users about the circumstances, suspension, interruption or termination of access to the contents. Severability of the clauses Should any provision or a part of a provision be declared void or unenforceable, whether totally or partially, by any Court or other competent administrative body, the nullity or unenforceability shall not apply to the remaining provisions included in the Site. The failure by CAPSA to enforce or exercise any right or provision under these terms shall not be construed as a waiver of such enforcement or exercise, unless the failing party acknowledges and agrees in writing to such waiver. Governing law and jurisdiction All the clauses included in this text of Legal Notice shall be governed by the Spanish laws and regulations. Any conflict, divergence or issue arising therefrom shall be submitted to the Courts in Oviedo, and the Parties do expressly waiver any other law or courts that may apply to them.
According the provisions in the Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereinafter the “LOPD”) and the Regulations developing it, the user is hereby informed that all the personal data provided by them shall be included in files that have been created and are maintained under CAPSA’s responsibility (for the persons disclosing their data through the website www.capsafood.com).
The use of the personal data is intended for the management of the services offered, the processing of the orders submitted, the carrying-out of administrative tasks, shipping of goods, and the sending of information of a technical, commercial or advertising nature, whether by post of by e-mail, about products or services that can be of interest for the user. The acceptance can be revoked at any time.
CAPSA shall endeavour to implement mechanisms for communication that, to the extent it is possible, are user friendly and at no charge.
The use of forms and services contained in this web site is restricted to users who have attained the legal age or, as the case may be, to users who, not having reached the legal age, act under the supervision and authorisation of their tutor or legal representative. By using any of the services or forms you agree to comply with the requirement above and accept the consequences that may arise in the event that you do not meet the requirements set forth in this Legal Notice.
CAPSA warrants the confidentiality and security of your personal data when this is being processed. The confidentiality is ensured by the implementation of processing policies and security measures (both technical and organisational) referred to in Section 9 of the LOPD. The processing policies and security measures implemented at CAPSA prevent from the alteration, loss, unauthorised processing or use of your personal data.
The answer given in the forms provided to receive information on the services, activities or events offered by CAPSA, as well as in any other form that may be provided in the future, is absolutely optional. However, the refusal by the user to disclose the requested data may involve the impossibility to carry out the service offered by or requested from CAPSA.
By voluntarily disclosing the personal data of third parties, you represent that the said third parties have consented that their data be assigned, and you EXPRESSLY AGREE to their processing, whether automated or not, by CAPSA, its departments or collaborating entities; and to the assignment of the data to other entities whose connection with your data may be necessary or required by the law. The consent may be revoked at any time. In this regard, you are hereby informed by CAPSA that you may exercise your ARCO rights (access, rectification, cancellation and opposition) according to the provisions set forth in the Organic Law 15/1999, of 13 December, on the Protection of Personal Data.
Summary table on the exercise of the ARCO rights (systems and channels):
The user shall exercise their ARCO rights (access, rectification, cancellation or opposition) by addressing a letter stating their request and including a photocopy of the Spanish ID card to ensure their identification to the Person Responsible for the Files held by Corporación Alimentaria Peñasanta, S.A., at the following address: Sierra de Granda s/n, C.P. 33199 de Granda – Siero, Asturias. This right can also be exercised by email. The email shall also include the request and a photocopy of the petitioner’s Spanish ID card enclosed as an attachment. The email address is [email protected]
LSSICE (Sending of mail for information purposes about events, activities, news of interest, and other). For the purposes of compliance with the LSSICE (the Law on the Information and e-Commerce Society), CAPSA shall include in all the communications related to this domain, a set of legal clauses for informational purposes where tools will be provided (email address or automated system for unsubscribing) in order to ensure the exercise of the right to oppose to being sent automated electronic communications of an informational or commercial nature. It is the Company’s purpose to make available to the user means that are user friendly and at no charge so the user can exercise their Opposition right.© 2015. CAPSA. ALL RIGHTS RESERVED