PRIVACY AND COOKIE POLICY
PRIVACY AND COOKIE POLICY
1. Legal Information and Acceptance
These provisions regulate the use of the service of the Internet portal (hereinafter, the “Portal”) that the company GENESIS FRESH GLOBAL, S.L. (hereinafter, “GFG” or the “Company”) places at the disposal of Internet users.
GFG is a mercantile entity of Spanish nationality, with registered office located in the Avenida de las Cortes Valencianas, 26 Block 5 Esc.2 2 Ofic.8, 46.015 – Valencia, Spain. It is duly registered in the Mercantile Register of Valencia in Sheet V-171.587, Volume 10.146, Folio 43. Its CIF is the B-98.834.005.
GFG is dedicated, among other activities, to (i) research, develop and obtain protected plant varieties; (ii) obtain, manage and exploit exploitation rights and economic derivatives of protected plant varieties developed by third parties through appropriate agreements, contracts or authorizations; (iii) production, cultivation, improvement, handling, packaging, distribution, storage, sale, transportation and marketing of citrus, grapes, fruits, plant varieties, vegetables and horticultural products; and (iv) to acquire, develop, produce and manufacture process for any fertilizers, plants, seeds, plant varieties, insecticides, materials, instruments, machinery, equipment and any other necessary or appropriate for agricultural production elements.
For any communication you can contact us by phone: 963 49 47 95, fax: 963 47 86 57, or via email info@genesisfreshglobal.com
Access to the web page is free except in relation to the connection cost through the telecommunications network supplied by the access provider contracted by the users.
The use of the Portal attributes the condition of Portal user (hereinafter, the “User”) and implies the acceptance of all the conditions included in the “Privacy Policy” that is found in effect in this address. The provision of the Portal’s service has a limited duration at the time in which the User is connected to the Portal or to some of the services that are provided through it. Therefore, the User must read carefully this Privacy Policy on each of the occasions in which he proposes to use the Portal, since the conditions included in this Privacy Policy may undergo modifications.
2. Intellectual and Industrial Property
http://www.genesisfreshglobal.com/ is GFG’s Web Portal, through which the GFG makes public certain aspects related to the main activities (especially in the context of protected plant varieties that exploits) and other information of interest.
Upon visiting and using the Portal, you accept the fact that GFG owner reserves the right to modify or suspend the available pages, the Web site or to temporarily or definitively delete the data that it has offered, at any time, without prior notice and without any type of liability towards the Users. In this way, you accept that GFG does not have any responsibility for the deleting of information, failures in its storage, inaccuracy of the contents and other circumstances related to the information of its webpage.
All the Portal’s contents, considering them to include, but not to be restricted to, the texts, photographs, graphics, images, icons, technology, software, links and other audio visual or sound contents as well as their graphic design and source codes (hereinafter, the “Contents”), are intellectual property of GFG or of third parties (with GFG being previously authorised for their use), without any of the rights of exploitation recognised by the current laws on intellectual property being considered assigned to the User, unless they are strictly necessary for the use of the Portal.
Access to the Portal does not assign or licenses in any case any right on the commercial names and/or distinctive signs that appear therein.
3. Conditions for use of the portal
3.1 General
The User is required to make correct use of the Portal in conformity with the applicable Laws and this Privacy Policy. The User will respond towards GFG or towards third parties for any damages or losses that they might cause as a consequence of non-compliance with this obligation.
The use of the Portal for harmful purposes of GFG’s assets or interests or those of third parties or that in any other way overloads, damages or disables the networks, servers and other computer equipment (hardware) or products and computer applications (software) of GFG or of third parties. is expressly prohibited.
3.2 Contents
The User undertakes to use the Contents according to the applicable Laws, the conditions in effect and this Privacy Policy.
The User, in accordance with the current legislation, must abstain from acts which include but are not limited to:
• Reproducing, copying, distributing, making available, publically communicating, transforming or modifying the Contents except in those cases authorised by the law or expressly consented to by GFG or by whomever holds the ownership of the usage rights, where applicable.
• Reproducing or copying for private use the Contents that may be considered as Software or Database in conformity with the current legislation in matters of intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply the reproduction by the User or of a third party.
• Extracting and/or reusing all or a substantial part of the Contents making up the Portal as well as the database that GFG places at the disposal of the Users.
3.3 Data collection forms
Without prejudice of the provisions of Clause 5 of this Privacy Policy, the use of certain services or requested addressed to GFG can be conditioned to previously filling out of the corresponding request form by the User.
All the information that the User provides through the forms in the Portal for the above purposes or any others must be true. For these purposes, the User guarantees the authenticity of all the data that it communicates, and will keep the information supplied to GFG perfectly updated so that it responds, at all times, to the actual situation of the User.
In any case, the User will be the only one responsible for the false or inaccurate statements that he makes and of the damages that it may cause to GFG or to third parties for the information that he provides. In order to supply the data to GFG, the User must also have the authorisations required by the current laws at every moment, being liable towards GFG and/or any third part for any contingency that may be derived from the lack of authorisation.
3.4 Insertion of links to the Portal
The User who wishes to insert links from its own webpages in the Portal must fulfil the conditions that are detailed below without ignorance of them allowing avoidance of the liabilities derived from the Law:
The link would only link to the home page or principal page of the Portal but it will not reproduce it in any form (inline links, copy of texts, graphics, etc.).
In any case, it will be prohibited, according to the applicable legislation in effect at every moment, to establish frames of any type that envelope the Portal or permit the visualisation of the Contents through Internet addresses other than those of the Portal and, in any case, when they are visualised along with the contents outside the Portal in such a way that: (i) produces or may produce error, confusion or deceit in the users on the true origin of the service or Contents; (ii) suppose an act of unfair comparison or imitation; (iii) serve to use the reputation and prestige of GFG; or (iv) in any other way that is prohibited by the current legislation.
No type of false, inaccurate or incorrect statement about GFG, its employees or on the quality of the services that it provides will be made from the page that inserts the link.
In no case will it express in the page where the link is located that GFG has provided its consent for the insertion of the link or that in any other form it sponsors, collaborates, verifies or supervises the services of the referring web page.
The use of any word mark, graphic or mixed or any other distinctive sign of GFG is prohibited within the page of the referrer’s page, except in the cases permitted by the law or expressly authorised by GFG and always when, in these cases, a direct link with the Portal in the form established in this clause is permitted.
The page that establishes the link must comply faithfully with the law and cannot in any case have or link with its own contents or of third parties that (i) are unlawful, harmful or contrary to public morality and good customs; (ii) induce or may induce the false conception that GFG subscribes, backs, adheres or in any other way supports the ideas, statements or expressions, lawful or unlawful, of the referrer; (iii) are inappropriate or not pertinent to GFG’s activity with regard to the place, contents and subject of the web page of said company.
In the case that the User considers that there exists a page that facilitates a link to the Portal with unlawful or inadequate contents, it can inform GFG, with GFG proceeding in these cases to perform the opportune investigation, with the aim of carrying out the actions that may be appropriate.
Under no circumstances does the existence of a link to the Portal presuppose the existence of agreements with those responsible or owners of the page that supplies said link, or the recommendation, promotion or identification of GFG with the statements, contents or services provided.
GFG is not aware of the contents and services of these pages and, therefore, is not liable for the damages produced by the unlawfulness, quality, of being out of date, unavailability, errors or for the non-functioning of the contents and/or services provided in them, or for any other damage.
4. Exclusion of Liability
4.1 On the quality of the service
The access to the Portal does not imply the obligation by GFG of controlling the absence of virus, worms or any other damaging IT element. In any case, the availability of adequate tools for the detection and disinfection of damaging computer programs corresponds to the User.
GFG is not liable for the damages produced in the computer equipment of the Users or of third parties during the provision of the Portal’s service.
4.2 On the availability of the Service
Access to the Portal requires the services and supplies of third parties, including transport through the telecommunication networks, whose reliability, quality, continuity and functioning does not correspond to GFG. Therefore, the services provided through the Portal can be suspended, cancelled, or be totally or partially inaccessible, definitively or temporarily, prior or simultaneous to the provision of the Portal’s service.
GFG is not liable for the damages or losses of any type produced in the User that are derived from failures or disconnections in the telecommunication networks that may produce the suspension, cancellation or interruption of the Portal’s service during its provision or prior to it.
4.3 On the contents and services linked through the Portal
The access service to the Portal includes technical devices of links, directories and even search instruments that permit the User to access other pages and Internet portals (hereinafter, “Linked Websites”). In any case, and where applicable, with respect to the Linked Websites, GFG acts as intermediation service provider in conformity with Article 17 of the Law 34/2002, of 12 July, of Information Society Services and Electronic Commerce (LSSI-acronym in Spanish), and will only be liable for the contents and services supplied in the Linked Websites insofar as it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence.
In the case where the User considers that there is a Linked Website with unlawful or inappropriate contents, it can inform GFG, with GFG proceeding in those cases to carry out the opportune investigation, with the aim of deleting or disabling, where appropriate, the corresponding link.
In no case shall the existence of Linked Websites presuppose the existence of agreements with the persons responsible or owners thereof, or the recommendation, promotion or identification of GFG with the statements, contents or services provided.
GFG does not know the contents and services of the Linked Websites, since they are updated and modified constantly, and therefore it is not liable for the damages produced by the unlawfulness, quality, of being out of date, unavailability, errors or for the non-functioning of the contents and/or services provided in the Linked Websites, or for any other damage that is not directly attributed to GFG.
4.4 User’s liability
The User is aware of his/her/they exclusive liability for the use that he makes of the Portal in conformity with this Privacy Policy, exempting GFG from liability of any type, from demand or claim, including the fees of legal representation although it was not mandatory, that could be filed by a third party, due to or as a result of his conduct or his connection to the Website, the contents that it offers, his violation of this Privacy Policy or of any other violation of the rights of another person or party.
4.5 Limitation of general liability
The User understands explicitly and accepts that GFG will not be liable for any direct, indirect, extraordinary or incidental damage, including but not limited to damages for the loss of profits, data or other intangible losses (even if GFG has notified the possibility of these losses), as a result of: (i) the use or the impossibility of using the Portal, (ii) the cost for obtaining substitution of the assets as a result of any operation carried out in or through the Portal, (iii) unauthorised access or alteration of the transmission of its data, (iv) the unauthorised assignment or transfer by GFG, of data of a personal nature made by the User for by any third party, or (v) any other circumstances.
Furthermore, it is expressly placed on the record that GFG offers no guarantees, implicit or explicit, on the access to the Portal not being interrupted, on the lack of errors, the absence of virus, the punctuality, security, precision, confidence, in any quality or the need of any content being secure in any sense.
The user accepts that this privacy policy may undergo modifications that will be the object of appropriate notice in the Portal.
5. Protection of Personal Data
GFG will treat with the greatest diligence the user right to privacy and wants the user to feel comfortable navigating through its Website. Consequently, in accordance with the provisions of the Organic Law on the Protection of Data 15/1999, the user are informed that the data that may be collected through the data forms of the Portal will be incorporated to an automated file of personal data for which GFG is responsible. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its clients and/or users, and promoting and/or marketing the GFG products.
Moreover, GFG will cancel, delete and/or block the data when they are inaccurate, incomplete or are no longer necessary or pertinent for their purpose, in line with the provision in the legislation on the subject of data protection.
By pressing the ‘send’ button of the corresponding form, the User consents expressly that his data can be used for the provisions of the service that he requests, and for the sending of commercial communications from GFG, through e-mail or any other means.
The User can revoke the provided consent and exercise the rights of access, rectification, cancellation and opposition, writing for such purpose to the address indicated in Clause 1.
GFG adopts the security levels required by Organic Law 15/1999, of 13 December on the protection of personal data (LOPD) and by the Royal Decree 1720/2007 of 21 December which approves the implementing regulations of the LOPD. In addition, GFG has an internal policy on privacy and processing of personal data, ideal for reaching adequate levels of protection of the data supplied by the Users, in line with the current legislation. Notwithstanding the above, the technical security in a medium such as Internet is not impregnable and filtrations may exist through fraudulent actions of third parties.
The processing of personal data is subject to the principle of quality and the purpose of the data for which reason GFG will only request the data strictly necessary for the effective provision of the services required by the users, through the Portal.
As for the personal data that the User, through navigating in the web pages of the Portal, may provide for any reason to GFG, the User is notified that he shall have to have all the pertinent authorisations, in line with the current legislation, in order to be able to carry out said assignment or transmission to GFG. In this regard, the User will be the only one responsible for obtaining the authorisations of those involved, in accordance with the procedures provided in the law, with GFG not assuming any responsibility in this regard, neither towards the User nor towards any third party. The User recognises and accepts that, in relation to the supplied data, he must keep GFG unharmed from any contingency that could be derived from the assignment or transmission carried out. The data thus acquired by GFG will be analysed with the aim of verifying whether their processing responds to the lawful aims coherent with GFG’s activity. GFG will cancel, delete and/or block these data when they are inaccurate, incoherent, useless, incomplete or not necessary or pertinent for its activities and aims, in keeping with the provisions in the legislation on the protection of data, and without an obligation to communicate this circumstance to the User who has supplied them or to the person affected.
With respect to the data supplied for employment offers, GFG informs you that the data that you voluntarily provide us to use the services of the employment offers shall be stored in a file for which GFG is responsible, and to whom you can write in order to exercise your rights of access, cancellation, rectification and opposition.
GFG Website uses cookies to distinguish the different Users. This helps GFG to provide Users with a good experience when users browse GFG website and also allows GFG to improve the site. A cookie is a small file of letters and numbers that GFG store on Users browser or the hard drive of the user’s computer if users agree. Cookies contain information that is transferred to the user computer's hard drive. GFG use the following cookies: Strictly necessary cookies. These are cookies that are required for the operation of GFG Website. They include, for example, cookies that enable User to log into secure areas of GFG Website. Analytical or performance cookies. These allow GFG to recognise and count the number of visitors and to see how visitors move around GFG Website when they are using it. This helps GFG to improve the way the Website works, for example, by ensuring that Users are finding what they are looking for easily. Functionality cookies. These are used to recognise Users when they return to the Website. Targeting cookies. These cookies record Users visit to the Website, the pages users have visited and the links Users have followed. GFG will use this information to make our Website more relevant to Users interests. GFG may also share this information with third parties for this purpose and these cookies may be supplied by third parties. Please note that third parties may also use cookies, over which GFG have no control. These third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies: Users can block cookies by activating the setting on their browser that allows Users to refuse the setting of all or some cookies. However, if Users use their browser settings to block all cookies (including essential cookies) User may not be able to access all or parts of GFG Website.
6. Communication of activities of an unlawful or inadequate nature
Should the User have knowledge that Linked Sites or pages that contain links to the Portal have content which is unlawful, harmful, degrading, violent or contrary to morality, he may contact the GFG, indicating the following points:
• Personal data of the communicating party: name, address, telephone number and e-mail address;
• Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site or of the page that provides a link to the Portal;
• In the case of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person other than the communicating party.
• Furthermore, the title that accredits the legitimacy of the holder of the rights and, where applicable, that of representation for acting on behalf of the holder when it is other than the communicating party shall be provided.
• Express declaration that the information contained in the claim is accurate.
7. Applicable Law
Upon using this Website, users accept that this Privacy Policy and any type of dispute related to the use of this Portal shall be interpreted according to the laws in effect in the place of residence of the owner of this Website, that is to say, Spanish laws.
Furthermore, the User, waivers of any other jurisdiction that might correspond to him and submits to the competence of the courts and tribunals of the city of Valencia, for any dispute or controversy that might arise in relation to this Privacy Policy and, in general, for the use of the Portal or for all the services provided by GFG.