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Object and acceptance

This legal notice regulates the use of the website http://www.spmgm.com of which the owner is SEA & PORTS MGM, S.L. (hereinafter, THE WEBSITE OWNER).

Browsing the website of THE WEBSITE OWNER assigns the status of a user thereof and implies complete and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be modified.

The user undertakes to make proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user will be liable to THE WEBSITE OWNER or to third parties for any damages which may be caused as a result of breach of this obligation.

1. Identification and communications

THE WEBSITE OWNER, in compliance with Law 34/2002 of the 11th of July on information society and e-commerce services, informs you that:

Its company name is: SEA & PORTS MGM, S.L.

Its CIF/NIF/NIE (Spanish VAT/Tax ID/ID Number) is: B86896438

Its registered office is at: PS. DE LA CASTELLANA 141 21 B 28046 MADRID

It is registered in the Business Registry of MADRID Volume 31.876 Book -, Page 106, Section – Sheet M-573645

You can contact us through any of the following means:

Telephone: +34 91 572 06 45

Email: LOPD@spmgm.com

All notifications and communications between the users and THE WEBSITE OWNER will be considered effective, for all purposes, when they are done via postal mail or any other of the means detailed above.

2. Conditions of access and use

The website and its services can be accessed freely and openly. However, THE WEBSITE OWNER conditions the use of some of the services offered on its website to the prior completion of the corresponding form.

The user guarantees that all the data which they communicate to THE WEBSITE OWNER is truthful and up-to-date and they will be solely responsible for any false or inaccurate declarations made.

The user expressly undertakes to make appropriate use of the contents and services of THE WEBSITE OWNER and not to use them to, inter alia:

  1. Disseminate contents which are criminal, violent, pornographic, racist, xenophobic, offensive, advocating terrorism or, in general, contrary to law or public order.

  2. Upload computer viruses to the net or carry out actions which may alter, impair, disrupt or result in errors or damage to electronic documents, data or physical and logical systems of THE WEBSITE OWNER or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of the computer resources by means of which THE WEBSITE OWNER provides its services.

  3. Attempt to access the email accounts of other users or restricted areas of the computer systems of THE WEBSITE OWNER or of third parties and, as the case may be, extract information.

  4. Violate the intellectual or industrial property rights or violate the confidentiality of the information of THE WEBSITE OWNER or of third parties.

  5. Impersonate another user, public administrations or a third party.

  6. Reproduce, copy, distribute, make available or any other form of public communication, transform or modify the contents, unless you have the authorisation of the holder of the corresponding rights or it is legally permitted.

  7. Collect data for advertising purposes or in order to send advertising of any kind and communications for the purposes of sale or other commercial purposes without their prior request or consent.

All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work which is the property of THE WEBSITE OWNER. None of the exploitation rights over them beyond what is strictly necessary for the correct use of the website may be understood to be transferred to the user.

In short, users who access this website can view the contents and, where appropriate, make authorised private copies provided that the reproduced items are not subsequently transferred to third parties, nor installed to servers connected to networks, nor subject to any type of exploitation.

Likewise, all brands, trade names or distinguishing features of any kind which appear on the website are the property of THE WEBSITE OWNER. The use or access to same may not be understood as attributing to the user any right over them.

The distribution, modification, transfer or public communication of the contents and any other act which has not been expressly authorised by the holder of the exploitation rights are prohibited.

The creation of a hyperlink does not under any circumstances imply the existence of relations between THE WEBSITE OWNER and the owner of the website on which it is created, nor the acceptance and approval on the part of THE WEBSITE OWNER of its contents or services. Those persons who intend to create a hyperlink must previously request authorisation in writing from THE WEBSITE OWNER. In any case, the hyperlink will only allow access to the home or start page of our website and you are prohibited from making false, inaccurate or incorrect statements or declarations about THE WEBSITE OWNER, or include illegal content or content which is contrary to decency and public order.

THE WEBSITE OWNER is not responsible for the use which each user makes of the materials made available on this website or for the actions they perform on the basis thereof.

3. Exclusion of guarantees and liabilities

The content of this website is of a general nature and is solely for informational purposes. Access to all the content is not guaranteed and nor is its exhaustiveness, accuracy, validity or currency, or its suitability or fitness for a specific purpose.

THE WEBSITE OWNER rejects, to the extent permitted by law, any liability for damages of any kind arising from:

  1. The inability to access the website or the lack of truthfulness, accuracy, exhaustiveness and/or currency of the content and the existence of errors and defects of any kind of the content transmitted, distributed, stored, made available, which have been accessed through the website or the services which are offered.

  2. The presence of viruses or other items in the contents which may lead to alterations in computer systems, electronic documents or user data.

  3. Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the improper use of the website. In particular, by way of example, the WEBSITE OWNER is not liable for the actions of third parties which violate intellectual and industrial property rights, company secrets, right to protection against defamation, to personal and family privacy and to one’s own image, as well as the regulations on unfair competition and illegal advertising.

Furthermore, THE WEBSITE OWNER disclaims any liability regarding the information which is found away from this website and is not managed directly by our webmaster. The function of the links which appear on this website is exclusively to inform the user about the existence of other sources likely to provide more information on the content provided by this website. THE WEBSITE OWNER does not guarantee or take responsibility for the working or accessibility of the linked sites; nor do they suggest, invite or recommend visiting them, so they will not be responsible for the outcome. THE WEBSITE OWNER is not responsible for the creation of hyperlinks by third parties.

4. Privacy policy

4.1 Who is the Data Controller of your data?

Las diferentes empresas del grupo empresarial formado por:

SEA & PORTS MGM, S.L. con NIF (Spanish VAT/Tax ID/ID Number) B86896438 Its registered office is at DE LA CASTELLANA 141 21 B 28046 MADRID It is registered in the Business Registry of MADRID Volume 31.876 Book – , Page 106, Section -, Sheet M-573645

MARGUISA SHIPPING LINES, S.L.U. con NIF B86943099 Its registered office is at PS. DE LA CASTELLANA 141 21 B 28046 MADRID It is registered in the Business Registry of MADRID Volume 31.988 Book – , Page 142, Section -, Sheet M-575627

CONSIGNACIONES MARÍTIMAS Y LOGISTICA, SOCIEDAD LIMITADA. con NIF B97974893, Its registered office is at CL. AMADO GRANEL MESADO, 72 ENTRESUELO LOCAL E 46013 VALENCIA It is registered in the Business Registry of VALENCIA Volume 8802  Book – , Page 127, Section -, Sheet V-126096

TERMINALES MULTRIPROPOSITO GE, S.L. con NIF B87305454 Its registered office is at PS. DE LA CASTELLANA 141 21 B 28046 MADRID, It is registered in the Business Registry of MADRID Volume 33736 Book – , Page 166, Section 8, Sheet M-607272

The data controller is identified in Recital 1 of this Legal Notice.

What kind of data do we have concerning your person and how have we obtained them?

The categories of personal data of customers and suppliers which we process are:

  1. Identity details

  2. Postal or email addresses

  3. Commercial information

  4. Economic and transaction data

4.2 Do we ever process specially protected data?

All the aforementioned data we have obtained either directly from you through the presentation of a commercial offer, contractual proposal, etc. or through your company when they provide us with identity details and other information necessary to carry out the purpose of the contractual relationship between the parties. You or your company will be obliged to provide us with the updated data in case of modification.

4.3 For what purpose do we process your data?

We process the data provided by data subjects for the purpose of handling various activities arising from specific procedures carried out in terms of sales, after sales service, supplier management, quality of services, etc. In this way, we will process your data in order to carry out any of the following actions:

  1. Sending the information you request from us through the contact form on our website or any other means of contact with our company,

  2. Provide both potential and existing customers with offers of products and services of interest,

  3. Carry out the administrative, fiscal and accounting tasks related to our customers and/or suppliers,

  4. Conduct satisfaction surveys, market studies, etc. in order to be able to provide you with the most suitable offers and an optimised quality of service, etc.

4.4 For how long will your personal data be stored?

The personal data relating to natural persons linked to potential customers, existing customers and suppliers which we collect through the different contact and/or information collection forms will be stored as long as their erasure is not requested by the data subject. The data provided by our customers and suppliers will be stored while the commercial relationship between the parties is maintained, respecting in all cases the legal minimum retention periods depending on the material.

In any case, we will store your personal data for the period of time which is reasonably required taking into account our needs to respond to issues which arise or to solve problems, make improvements, activate new services and meet the requirements required by applicable law. This means that we can store your personal data for a reasonable period of time even after you have stopped using our products or have stopped using this website. After this period, your personal data will be deleted from all our systems.

4.5 What are the legal bases for the processing of your data?

Depending on the type of data processing, the legal bases are the following:

PROCESSING LEGAL BASES
Accounting Management: billing management with customers and/or suppliers. Maintenance, development and overseeing of the contractual relationship between the parties.
Tax management: application of deductions, allowances, etc. Maintenance, development and overseeing of the contractual relationship between the parties; Compliance with legal obligations.
Administrative management: managing logistics, storage, customer deliveries, receipt of goods, etc. Maintenance, development and overseeing of the contractual relationship between the parties.
Marketing: commercial activities regarding our products or services aimed at our customers or those persons who have requested related information from us in the past, including conducting satisfaction surveys on our customers. Free and unequivocal consent of the data subject themselves (potential customers), we inform you that the withdrawal of this consent cannot under any circumstances restrict the execution of the contract which exists between the parties; legitimate interest of the company in the promotion and marketing of products or services similar to those obtained or requested by the data subject in the past.

In the event that you do not provide your personal data, it will not be possible to execute your contract, comply with legal obligations or those derived from public authorities.

4.6 To which recipients will your data be communicated?

We will not transfer your personal data to any third company that intends to use them in their direct marketing activities, except in the case that you have expressly authorised us to do so.

We inform you that we can provide your personal data to competent Public Administration bodies and authorities in those cases where we are legally required or in cases where, acting in good faith, we consider that said action is reasonably required in order to comply with a judicial process; to respond to any legal claim or action; or to protect the rights of the company or its customers and the public in general.

We inform you that your data will not be transferred or communicated to third parties with the company being solely responsible for their processing and safekeeping.

However, we will provide your personal data to third parties (e.g. Internet service providers that help us manage our website or to carry out the contracted services, IT support and maintenance companies, logistics companies, agencies and tax and accounting advice, etc.). In any case, these third parties must guarantee, at all times, the same levels of security as we do in relation to your personal data and, when necessary, they will be legally bound (by legal agreements) to keep your personal data private and secure, and also to only use the information following specific instructions from the company.

4.7 Transfers of data to third countries?

No data transfers to third countries are planned.

4.8 What are your rights as a data subject?

Any person has the right to obtain confirmation as to whether we are processing personal data that pertains to them, or not.

In particular, data subjects may exercise the right to access their personal data, as well as to receive them in a common and machine-readable format if the processing is carried out by electronic means (right to data portability).

Furthermore, the data subjects may exercise the right to rectify inaccurate data or, where appropriate, request its erasure when, among other reasons, the data is no longer necessary for the purposes for which they were collected.

In addition, in certain circumstances, the data subjects may request restriction on the processing of their data, or in certain circumstances and for reasons related to their particular situation, the data subjects may exercise their right to object to the processing of their data. We will stop processing the data, except where there are compelling legitimate reasons, or the pursuit of or defence against potential claims or in those exceptions set out in the applicable regulations.

We also inform you of your right to withdraw the consent granted at any time, without this affecting the lawfulness of the processing based on the consent prior to its withdrawal.

We also inform the User that at any time he/she can exercise the aforementioned rights by writing to us using the contact information which appears in Recital 1 of this Legal Notice, attaching a copy of his/her DNI (Spanish Identity Document).

You will also have the right to lodge a complaint with the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights.

http://www.agpd.es/portalwebAGPD/index-ides-idphp.php

Furthermore, in accordance with the provisions of Law 34/2002, of the 11th of July, on Services of the Information Society and e-Commerce, we undertake not to send advertising via email without having previously obtained the recipient’s express authorisation. The User may object to the sending of advertising material by checking the corresponding box.

PROCEDURE IN CASE OF CONDUCTING ACTIVITIES OF AN UNLAWFUL NATURE

In the event that any user or third party considers that there are facts or circumstances which disclose the unlawful nature of the use of any content and/or the conducting of any activity on the websites included or accessible through the website, they should send notification to THE WEBSITE OWNER, duly identifying themselves, specifying the alleged infractions and declaring expressly and under their liability that the information provided in the notification is accurate.

For any legal issue that concerns the website of THE WEBSITE OWNER, Spanish law shall apply.

PUBLICATIONS

The administrative information provided through the website does not replace the legal publishing of laws, regulations, schedules, general provisions and acts which must be formally published in the official journals of the public administrations, which constitute the only instrument which attests to their authenticity and content. The information available on this website should be understood as a guide with no intention of legal validity.

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