Terms and Conditions

/Terms and Conditions
Terms and Conditions 2018-05-01T17:15:35+00:00

LEGAL NOTICE AND PRIVACY POLICY

Version: April 2016

Please read thoroughly this document as it sets out the terms to access, navigate and use the web site that is owned by ORNUA INGREDIENTES ESPAÑA, S.L.U. (“Ornua ingredients Spain”), www.ornua.es (the “Web Site”) and the processing of personal data which, should that be the case, could be done on the Web Site.

The access, navigation and use of the Web Site attribute you the status of user of the Web Site (hereinafter, the “User”), and are subject to the terms that are set forth herein. As a consequence, if you do not agree with all the terms hereunder, please do not access, navigate or use the Web Site.

The Web Site is exclusively addressed for individuals over eighteen (18) years, in such a way that the access to individuals without full age is prohibited.

  1. Corporate Information

Pursuant to the provisions of Act 34/2002, on Services for the Society of Information and Electronic Commerce, we hereby inform you that the Web Site belongs to ORNUA INGREDIENTES ESPAÑA S.L.U., a Spanish company with taxpayer identification number B-86999448, and with registered office in Ávila (Spain), Ctra. N-110, Km 248, Parcela 46, Área Ind. Vicolozano, Zip Code E-05194. Ornua Ingredients Spain was incorporated on an indefinite basis under the corporate name “THE IRISH DAIRY BOARD ESPAÑA, S.L.U.” by means of a public deed granted as of April 23, 2014 before the Notary public of Madrid Ms. María del Rosario de Miguel Roses, under number 625 of her official records.

You will be able to contact Ornua Ingredients Spain through the email address correo.espana@ornua.com or the telephone number 34-920259060.

  1. General conditions of use for the Web Site

2.1. The access, navigation and use of the Web Site and all the subdomains and directories that are comprised hereon are subject to the terms that are detailed in this Legal Notice and in the Policy of Privacy.

2.2. The purpose of this Web Site is to share, promote and disclose the activity of Ornua Ingredients Spain. As a result of the foregoing, the services of Ornua Ingredients Spain cannot be hired thru the Web Site.

2.3. The access to the Web Site is fully free. The view and use does not require previous recording or to hire any service.

2.4. For the purposes of this Legal Notice and Policy of Privacy, the Web Site must be also understood as all the subdomains and directories included hereon, including the source code and any other information that could appear and/or be viewed hereon and, inter alia, by way of example, but not limited to, text, pictures, comments, press news and commercial names (hereinafter, the “Contents”).

2.5. Under no circumstance whatsoever the User shal use the Web Site or the Contents (i) to get involved in unlawful, illegal activities, or other activities that are against good faith,

moral principles and/or public policy; (ii) to cause damages in physical and logical systems of Ornua Ingredients Spain, the companies beloging to Ornua Ingredients Spain, their suppliers or third parties by means of, inter alia, the infringement of the security systems on the Web Site, the insertion of viruses and/or the installation of robtos or software; or to disseminate or insert within the network computer viruses or any other physical or logic systems that could result in the aforementioned damages.

2.6. Ornua Ingredients Spain shall have the entitlement to deny, amend and/or withdraw the access to the Web Site, the Contents and/or the services that are offered thru any of them without any previous warning or notice.

In the event that the User utilizes the contact area to interact with Ornua Ingredients Spain, the User warrants that (i) he or she is the owner of the information that will be provided with, or that he or she has full entitlement as necessary for the disclose of such information, (ii) such information is truthful, accurate, complete and updated, and (iii) does not entail any disclosure of confidential information without the relevant consent, or the violation of any kind of exclusivity or entitlement that is belonged by any third party.

The User shall undertake the liability that is derived from any act that breaches any of the foregoing, by holding Ornua Ingredients Spain harmless at any moment.

Both the client and the User, prior to the disclosure of their data by means of the relevant registration system, must read and accept our Policy of Privacy.

2.8. In the event that Ornua Ingredients Spain prospectively includes any functionalities requiring the identification of the User, this latter shall furnish true, accurate, complete and updated data. The User shall elect a user name and a password, taking liability for such password, in such a way that the User commits to making a diligent and confidential use of said password. In this sense, we recommend you to protect your account with a password difficult to be decoded, i.e. a password including combinations of capital letters, lowercase, numbers and symbols.

In any case, the User shall be liable and act diligently in respect of the use and conservation of its user name and password and private identification elements. Thus, the User shall be responsible for the custody of the user name and password, and for any activity or act to be carried out with the User’s user name and/or password.

The User shall be liable at any moment for the use of his/her account, by undertaking responsibility for any unlawful use of his or her password by any third party.

2.9. Ornua Ingredients Spain is entitled to carry out, without any previous notice, as many amendments of the Web Site as Ornua Ingredients Spain deems fit in order to, inter alia, improve the quality, performance and effectiveness of the system, of the Web Site and its connection. Ornua Ingredients Spain shall be entitled to change, remove, increase or reduce the information, contents, products and services, as well as the fashion under which all the above are presented or located.

2.7. Ornua Ingredients Spain puts at the disposal of the Users a contact area whereby the User will be able to pose their comments and/or consultations to Ornua Ingredients Spain. The personal data that, should that be the case, must be furnished, will be processed in accordance with our Policy of Privacy.

In addition, Ornua Ingredients Spain, where needed, will be able to limit the access to certain Contents, information, goods and/or services, and even to withdraw the Web Site from the network.

The User shall be deemed to accept the amendments carried pout on the Web Site if, after such amendments, the User accesses, navigates or use the Web Site. All the foregoing will be with the exception of the amendments in the Policy of Privacy. In such case, the express consent shall be legally necessary.

  1. Intellectual Property

3.1. Both the Web Site and the Contents are of the exclusive ownership of Ornua Ingredients Spain or third parties licensing thereof, which have conferred upon Ornua Ingredients Spain the relevant licenses, assignments and or authorizations.

As a consequence, under no circumstance the access, navigation and use of the Web Site and/or, should it be the case, the hiring of services rendered by Ornua Ingredients Spain shall entail any forfeit or assignment of rights by Ornua Ingredients Spain over the Web Site of its Contents, which are constituted as protected works in accordance with Spanish and European Union legislation in the context of intellectual property legislation and, in particular, in accordance with Royal Legislative Decree 1/1996, dated April 12, whereby the revised text of the Intellectual Property Act is enacted, as well as in conventions, treaties and any other international rules that are applicable.

3.2. Any kind of exploitation of the Web Site and the Contents is expressly prohibited and, in particular, the distribution, marketing, transformation of copy, either in full or partial, except with the previous consent in written from Ornua Ingredients Spain. As a consequence of the foregoing, any unauthorized use shall be deemed to be a serious breach of intellectual property rights, and shall result in the legal liabilities that are legally set forth.

  1. Limitation of liability

4.1. The User shall be liable for the use that makes of the Web Site and the Contents. As a consequence, Ornua Ingredients Spain shall not be liable for the unlawful use that the User could make of the Web Site and/or the Contents, neither for the damages that could stem for third parties as a consequence of such use. Ormua Ingredients Spain shall especially not be liable for the infringements in matters of intellectual property law that could be carried out by the Users.

4.2. Ornua Ingredients Spain does not assume any liability stemming from the connection or contents of the links belonging and/or made by third parties.

4.3. Ornua Ingredients Spain shall not be liable for the damages of whatever fashion that the User or any third party could undergo as consequence of the use of the Web Site or its contents. In addition, the User shall be fully responsible for all his or her behaviors that could cary out while accessing, using and navigating the Web Site and/or the Contents.

4.4. Ornua Ingredients Spain shall not be liable for the damages of whatever fashion that the User or any third party could undergo un the following cases: (i) suspension, withdrawal and/or amendment of the Web Site; (ii) malfunction of the browser; (iii) damages in physical and logical systems that have been caused, inter alia, as a consequence of the insertion of

3.3. Under no circumstance whatsoever shall Ornua Ingredients Spain be responsible for the contents and information that could have been inserted on the Web Site by unauthorized third parties.

viruses and/or the installation of robots or software; (iv) possible security damages caused by the behaviors of third parties; (v) or, in general, as a consequence of any use of the Web Site or of the Contents that any User of third party could carry out.

4.5. Ornua Ingredients Spain shall be entitled to adopt as many measures as considered in order to preserve its rights over the Web Site and the Contents, as well as over the entitlements of third parties over the Web Site and the Contents, where applicable.

  1. Links

5.1. Links to web sites of third parties

5.1.1. Should the Web Site include links to other web sites, Ornua Ingredients Spain hereby states that this entity shall not control such web sites or their contents. As a consequence, Ornua Ingredients Spain shall (i) not undertake any liability for the information, products, publicity, links and/or, in general terms, any contents that are published in web sites belonging to third parties or their contents nor (ii) warrant the technical liability, quality, feasibility, accurateness, amplitude, truthfulness or validity of such web sites or contents.

5.1.2. The links appearing on the Web Site are at the disposal of the User for the sole purpose of accessing the contents belonging to third parties. This notwithstanding, as set out in the previous paragraph, Ornua Ingredients Spain does not manage the web pages to which it can redirect nor the contents thereof.

5.1.3. Ornua Ingredients Spain hereby states that, should that be the case, will proceed to the immediate withdrawal of any redirection to any web site that could breach the legislation, whether domestic or international, moral principles or public policy.

5.2.1. In the event that any third party, including the User, would be interested in seting up links to the Web Site, such third party shall comply with the law and the following rules:

(i) The link shall join the home with the Web Site.

(ii) The link shall be complete and shall show the Web Site in its entirety.

(iii) Under no circumstance the redirection shall be made by means of a frame, i.e. by including it within the web page of the third party. The Contents shall not be used separately from the Web Site, except with the previous written consent from Ornua Ingredients Spain.

(iv) Under no circumstance shall be included false, inaccurate or incorrect statements and/or comments in relation to the Web Site, Ornua Ingredients Spain, its shareholders, clients, services or workers, on the web sites on which the link to the Web Site is inserted.

5.2.2. Ornua Ingredients Spain shall be entitled at any moment to request from the owner of the page on which the link to the Web Page is included, the removal of such link without any further justification from Ornua Ingredients Spain, in such a way that a notice for such withdrawal purposes shall suffice.

5.2.3. Neither the insertion of links or hyperlinks to external connections nor the references to the Web Site on web sites of third parties shall imply or entail any kind of collaboration,

5.2. Links to the Web Site

association, merger or participation of Ornua Ingredients Spain with concerted entities, except as applicable in connection with companies of the group.

  1. Policy of privacy

Confidentiality, professional secrecy and security are essential values for Ornua Ingredients Spain, which undertakes the commitment of warranting the privacy of the User and in the interactions with the User. Ornua Ingredients Spain also undertakes the commitment of not requesting unnecessary information from the User.

Ornua Ingredients Spain will provide the Users with proper technical resources so that the Users, prior to the submittal or delivery of personal data, are able to access this Legal Notice and Policy of Privacy or any other significant information and consent the processing in such a way Ornua Ingredients Spain processes the automated processing of the Users’ personal data.

6.1. Personal data protection

6.1.1. Pursuant to the provisions of Organic Act 15/1999, dated December 13, on Personal Data Protection (the “Data Protection Act”) and of Royal Decree 1720/2007, dated December 21, whereby the regulations developing the Data Protection Act are approved (hereinafter, the “Data Protection Regulations”), we hereby inform you that the submittal of personal data constitutes the express consent to the processing of such personal data, albeit with revocable nature and without retroactive effects.

6.1.2. We hereby inform you that all our files are legally and duly recorded with the General Registry of Personal Data (Registro General de Datos Personales) of the Spanish Agency for Data Protection (Agencia Española de Protección de Datos) (hereinafter, such registry, the “GRPD”). We also inform you that, for the purposes of safeguarding the safety of your personal data, technical and organizational safety measures shall be applied as requested by the Data Protection Regulations, which sets forth the safety measures for the files including personal data.

6.2. Purpose of the collection and processing of your personal data

6.2.1. Ornua Ingredients Spain puts at the User’s disposal on the Web Site a tab under the name of ‘Contact’ whereby the User will be able to request from us any kind of information by filling in the relevant form. The express previous acceptance of this Legal Notice and Policy of Privacy, by ticking the relevant box, the submittal of the relevant data with the authorization to include them in our file with the name of “Usuarios-Web” (duly recorded with the GRPD) and the data shall be governed by this Policy of Privacy.

6.2.2. The data that we request from you are proper, pertinent, relevant and strictly necessary for the purposes for which such data are collected. You are not obliged to furnish us with such data. This notwithstanding, should you decide not to provide us with the relevant data, such circumstance could prevent Ornua Ingredients Spain from carrying out the acts requested from us.

6.2.3. Ornua Ingredients Spain shall be entitled to process your personal data with the purposes of managing consultations, complaints or comments posed thru the contact form.

In addition, we inform you that Ornua Ingredients Spain can request your consent (by ticking the relevant box), in the form for data collection, in order to submit you commercial communications. In the event that you expressly consent such circumstance, Ornua

Ingredients Spain will be able to send you commercial communications on its products and goods, whether by email, SMS, or any other equivalent communication means.

In any case, you will be entitled to deny the reception of such commercial communications by refraining from marking the relevant box, or by means of a subsequent communication after the granting of your consent in the link that will be put at the User’s disposal to withdraw the consent in each communication. This procedure will be free and easy.

In addition, your data will be processed by means of cookies that are used by the Web Site in accordance with the provisions of the Cookies Policy of this Web Site.

6.2.4. Ornua Ingredients Spain shall not use under any circumstance the personal data of the Users for purposes other than those that have been previously mentioned, except when previously noticed and indicated on the Web Site. Should that be the case, Ornua Ingredients Spain will grant a reasonable term for the objection of the User.

6.3. Quality of the data provided

6.3.1. You warrant that all the personal data provided are of your ownership, and that you are not disclosing data belonging to any third party. In addition, you warrant that the data you have provided us with are true, accurate, complete and updated, in such a way that you will be the sole liable for any damage stemming as a consequence of the breach of such duty.

6.3.2. The fact of having updated data at any moment is of the essence for us. As a result, please communicate us any modification to be effected in your data. On the contrary, we will not be in a position to warrant the truthfulness of your data.

6.4.1. You will be entitled to freely exercise your rights of access, rectification, cancellation and objection in the terms and conditions that are set forth in the Data Protection Act, by noticing such circumstance in the following address:

Ornua Ingredientes España, S.L.U
Crta. N-110 Km 248 P.I. Vicolozano 05194 Ávila.

6.4.2. For the exercise of your rights, you will have to identify yourself properly, by showing a copy of any official identification document along with your claim request.

6.5. Communication of personal data

Ornua Ingredients Spain informs you that your data are processed on a confidential basis, and exclusively utilized for internal purposes and for the aforementioned objects. As a result, we do not assign or communicate to any third party your data, except in those cases that are legally foreseen, or when the relevant user expressly authorizes so.

6.6. Safety of your personal data

With the purposes of safeguarding the safety of your personal data, we hereby inform you that Ornua Ingredients Spain has adopted as many measures, of both technical and organizational natures, as necessary in order to warrant the safety of the personal data to be supplied by the User and in order to avoid their alteration, loss, and unauthorized processing or access, as requested by the Data Protection Regulations, which sets forth the safety

6.4. Rights of access, rectification, cancellation and objection of your personal data

measures for the files including personal data. This notwithstanding, we must state that safety measures of the Internet are not impregnable.

6.7. Updating of data

6.7.1. For the purposes of having updated versions of your personal data, you can inform us of any changes that your data could undergo. On the contrary, we will not be in a position to state the truthfulness of such data. Should you not cancel your personal data included in our files, we will assume that you continue to be interested to be included therein until Ornua Ingredients Spain deems it fit, and while such data are adequate for the purposes they were requested.

6.7.2. Ornua Ingredients Spain shall not be liable for the policy of privacy in respect of personal data that could be furnished to third parties by means of links that are available on the Web Site.

6.8. Amendments to the policy of privacy

Ornua Ingredients Spain can alter this policy in order to adapt it to the amendments that could be carried out on the Web Site or as a consequence of the legal changes in relation to data protection matters that could arise from time to time and affect this policy of privacy. As a result, this policy of privacy must be mandatorily read whenever you provide us with your data thru this Web Site.

  1. Jurisdiction and governing law
7.1. The relationship between the User and Ornua Ingredients Spain shall be governed by

the common law (derecho común) of Spain.

7.2. In the event that the legislation applicable sets forth the possibility of a certain jurisdiction, Ornua Ingredients Spain and the User, with express resignation to their own jurisdiction or any other that could be applicable to the case at hand, agree that the controversies that could arise between them as a consequence of this Legal Notice, shall be settled and construed by the courts of the city of Madrid.

 

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