REGULATIONS ON THE USE OF THE CAPSA WEBSITE
Use of and access to the contents of this Site imply the unreserved awareness and acceptance of all the clauses included in this Legal Notice, which provides users with information on the rights, uses, prohibitions, liabilities and other matters applicable to use of the CAPSA-owned Site www.capsafood.com.
The Site www.capsafood.com contains content and products subject to intellectual and industrial property rights. Legal action will be taken in response to abuse of such rights beyond authorized limits. Accordingly, we advise users to make a responsible use of the Site in good faith.
To regulate the access and use of the CAPSA Webpage at the following address: www.capsafood.com. Equally regulated are the liabilities arising from the use of the content thereto -texts, graphics, pictures, designs, photographs, software, source code, images, information and any other creation protected by national laws and international treaties on intellectual and industrial property- which the owner makes available to the users on the Webpage.
The conditions governing the services available on the Site www.capsafood.com are subject to the following legislation in the related applicable parts: Law 34/2002, of11 July, on Information Society Services and E-commerce; Organic Law 15/1999, of 13 December, on Personal Data Protection; Royal Decree 1720/2007 on the Implementation of the Organic Law on Data Protection; Law 7/1996, of 15 January, on Retail Commerce; Royal Legislative Decree 1/2007, of 16 November, adopting the Revised Text of the General Law for the Protection of Consumers and Users and other complementary laws; Law 44/2006 on the Improvement in the Protection of Consumers and Users and related legislation.
In accordance with Article 10 of Law 34/2002, of11 July, on Information Society Services and E-commerce, we hereby inform you that the Webpage accessible at the domain www.capsafood.com is owned by Corporación Alimentaria Peñasanta, S.A, (“CAPSA”), a company registered in the Mercantile Registry of Asturias, Volume 1649, Folio 2, Page no. AS-9927, [J1], with taxpayer identification number (CIF) A-03161270[J2] and located at Sierra de Granda, s/n, CP 33.199, Siero, Asturias.
CAPSA is the owner or has the related license for use of the various contents -texts, photographs, pictures, designs, software, source code and information included for such purposes- displayed on the Site.
CAPSA has provided a Contact form for users to send their inquiries and suggestions.
Use of the Webpage and Services
Using the Site and the majority of the services therein is completely free of charge based on the express, unreserved compliance with this Legal Notice.
Likewise, the user commits to correctly use the Site in accordance with the terms and conditions of this Legal Notice, with principles of good faith and with current legislation. Any illegal use or use against the public order and/or damaging to the rights and interest of such people is expressly prohibited and CAPSA reserves the right to take the legal action it deems necessary in such cases.
Intellectual and Industrial Property Rights
CAPSA is the owner or has the related license for use of the intellectual and industrial property rights of the Site “www.capsagroup.com”, as well as of the contents available therein, including, inter alia, texts, graphics, designs, logos, trademarks, brand names, photographs, images, graphic designs, audio-visual or sound content, software and data bases.
Allowing users to access the Site does not in any way imply the total or partial waiver, transfer, license or allocation of such rights by CAPSA.
For purely informational, non-limiting purposes, users of the Site www.capsafood.com are prohibited to perform any of the following actions:
Delete, remove or manipulate any information on the rights of the owner or owners of the Site that are included in the content and the, any technical protection devices or any mechanisms for information and/or identification which may be related to the contents.
Totally or partially modify, copy, reuse, exploit, reproduce, publically disseminate, publish, load files, send by mail, transfer, use, process or distribute in any way, for public or commercial purposes, the contents included in this Site, without the express written consent of CAPSA, or, if appropriate, the owner of the related rights.
Reproduce, copy, extract or reuse, for private use or public communication, those contents considered to be Software or Data Bases, in accordance with the stipulations of the Consolidated Text of the Law on Industrial Property.
The CAPSA-owned domain “www.capsagroup.com” may not be used, in connection with other contents, products or services which are not owned by CAPSA, whenever they may cause confusion between the final users and the credit due to CAPSA.
The Website owner is not liable for the following actions, including but not limited to:
Misuse of the Site by its users.
Continuity of the content on the Site.
The damage caused by any person to themselves or to third parties when infringing on the conditions, regulations and instructions established by the owner of the Site.
Virus and/or other harmful components on the Site or on the server which supplies them, with respect to both the viewing of the contents by users and the downloading thereof.
The contents and services provided by other Webpages which may be accessed for this Internet address.
The malfunctioning of the software or plug-ins, which may be downloaded via the link provided for such purposes, necessary to view certain content contained on this Site.
The vulnerability of the Site and the software used, distributed or obtained therefrom.
Greater or lesser performance of the contents contained on the Site.
The damage caused by a breach of the security systems contained and/or introduced on the Site.
Term and Modification
This Legal Notice remains in effect whilst it remains displayed. To this end, CAPSA recommends users to carefully read its contents every time they access the Site, since CAPSA is not required to personally notify users of changes thereto. This is the only way to remain aware of the updated text.
CAPSA may unilaterally decide to interrupt, suspend or end access to the contents on the Site regardless of the content of the Legal Notice. Such situations will not affect the binding nature of the prohibitions of use of the contents laid out herein.
If possible, CAPSA will take the measures necessary to advise users of such circumstances, suspension, interruption or termination of access to the contents.
Should any part of the terms and conditions be considered totally or partially null or inapplicable by any court, tribunal or competent body, such nullity or inapplicability will not affect the other terms and conditions contained in the Site.
The performance or non-performance by CAPSA of any right or disposition contained in these terms and conditions will not constitute a waiver thereof, unless this is provided through a written agreement and acknowledgement to such an effect.
Applicable Legislation and Jurisdiction
All the clauses introduced in this Legal Notice are governed by Spanish legislation. Any conflict, dispute or situation arising from these terms and conditions will be resolved by the Courts and Tribunals of Oviedo, and the parties expressly waiver any other jurisdiction which may correspond to them.
Pursuant to Organic Law 15/1999, of 13 December, on Personal Data Protection (“LOPD”), Corporación Alimentaria Peñasanta, S.A (“CAPSA”) hereby informs users that all the personal data that they provide to us through the Website will be recorded in files created and maintained under the responsibility of CAPSA (for those people who provide their data on the Website www.capsafood.com).
Personal data will be used in order to manage the services offered, process orders, perform administrative tasks and to provide technical, commercial or advertising information through regular or electronic means to users on products and services which may be of their interest. Such acceptance will always be of a revocable nature.
CAPSA will endeavour to establish the most simple and free mechanisms in its communications.
Use of the forms and services on this Website are limited to users of legal age, or, if appropriate, minors under the supervision and with the permission of their legal guardian. By using any of the forms and/or services, you agree to comply with this requirement and accept the consequences arising from a failure to follow the stipulations of this Legal Notice.
CAPSA guarantees the confidentiality and security of your personal data whenever such data is processed, and has implemented data processing policies and security measures (both technical and organizational) required in accordance with Article 9 of the LOPD. The data processing policies and security measures implemented at CAPSA restrict the alteration, loss and unauthorized use or processing of your personal data.
Responses to the forms provided to receive information on services, activities or events offered by CAPSA, and any other questionnaire which may be provided in the future is completely optional. However, a user’s failure to provide certain data will imply the impossibility of performing the service offered by or requested of CAPSA.
By voluntarily providing the personal data of third parties, you recognize having the consent of such third parties to transfer their data, and EXPRESSLY CONSENT to their automated or non-automated processing by CAPSA, its departments and collaborators, as well as the transfer thereof to other entities which may need or legally require their data. This consent is revocable. For such purposes, CAPSA informs you that you may exercise your ARCO rights (access, rectification, cancellation and opposition) in accordance with Organic Law 15/1999, of 13 December, on Personal Data Protection:
By sending a letter, accompanied by a copy of your identification card, to Corporación Alimentaria Peñasanta, S.A. Sierra de Granda, s/n, 33199 Siero, Asturias.
If the relationship was established by e-mail, kindly provide us with the e-mail with which you contacted us or registered in order to expedite your request (use this field as search criteria).
LSSICE (delivery of informational mailings regarding events, activities, news, etc.)
Pursuant to the LSSICE (Law on Information Society Services and E-commerce) CAPSA will include in all its email communications (related to this domain) an informational legal clause providing tools (e-mail or automated means to opt out) in order to ensure the exercise of opposition to the reception of electronic informational or commercial communications automatically received in order to provide you with the most simple and free mechanisms to exercise your right of opposition.
Summary of Exercise of ARCO Rights (forms and channels):
Users may exercise their ARCO rights (access, rectification/modification, cancellation and opposition) by mail including their request and a photocopy of their ID card to enable identification.
At CAPSA we strive to protect the privacy of your data and thus guarantee the greatest confidentiality in the processing thereof.
© 2013. CAPSA. ALL RIGHTS RESERVED