Pemsa Cable Management, S.A.U. (hereinafter Pemsa) with registered address at C/ Galileo Galilei, 22-24. P.E. La Garena 28806 Alcalá de Henares, Madrid and with Fiscal Identification Code A-28212181 offers, through its web site, the services listed on the site, which are governed by the conditions that are set down according to the service that is infact required. The present general conditions solely and exclusively govern the use of the Pemsa web site by those USERS-CUSTOMERS (hereinafter USERS) who gain access to the same.
Access to the Pemsa web site involves accepting the present general conditions of use without reservation and the USER undertakes not to use the web site and the services offered thereon for the conduct of activities contrary to law and to respect the present general conditions:
FIRST.- The Pemsa web site has been created to provide the services that are detailed therein and to thus facilitate access for USERS to all the information on the characteristics of the same, on the Pemsa company and on the other complementary information which Pemsa includes directly or through the corresponding links.
SECOND.- CONDITIONS OF ACCESS AND USE: The conditions of access and use of the present web site are strictly governed by current legislation and by the principle of good faith and the USER commits himself to make good use of the web site and of the services which are offered. Therefore, all those acts which infringe the law, rights or interests of third parties are therefore prohibited: the right to privacy, data protection and intellectual property. Pemsa expressly prohibits the following:
– carrying out actions that may cause any kind of damage to the Pemsa systems or those of third parties on the web site or via the web site by any means.
– carrying out any kind of advertising or commercial information directly or in covert form, the sending of mass mailings (spamming) or the sending of large messages with the aim of blocking web servers without proper authorisations (“mail bombing”).
Pemsa may at any moment interrupt access to its web site for the USER if it detects a use which is contrary to legality, good faith or the present general conditions –see seventh clause–.
THIRD.- CONTENTS: The contents included on this web site have been prepared and included by:
– the Pemsa company, using internal and external sources, in such a manner that Pemsa only makes itself responsible for the content prepared internally.
– the users, through collaborations or the voluntary introduction of content, and these are the only bodies which are responsible for the same and Pemsa is expressly exempt from all liability.
– individuals and legal entities other than Pemsa, either through collaborations which are directly inserted on the present web site, or through links, and these will be the only bodies responsible for the content so introduced and Pemsa remains exempt from all liability.
FOURTH.- REGISTRATION: The use of the Pemsa web site does not require registration as a USER, which will only be necessary in order to buy certain services or to apply for certain information by means of the introduction of certain data on a registration form, which, in the case of effective purchase will determine the particular conditions of the service purchased which will go together with some general purchasing conditions. However, in order to receive certain information it will be obligatory to have the above-mentioned registration by means of the introduction of certain data on a registration form. Furthermore, the USER may also register voluntarily.
FIFTH.- DATA PROTECTION: In relation with the details of a personal nature supplied by the USER in the registration form, Pemsa strictly fulfils the current regulations set down in Act 15/1999 on the Protection of Data of a Personal Nature and other legislation which develops it and informs the USER that the above-mentioned data will be included within a file for automated treatment and the USER gives consent by means of the acceptance of these general conditions to this treatment.
Pemsa collects certain personal data which are freely introduced by the USER on a form with the purpose of being able to purchase the different services as well as answering and identifying the requests made by the USER, for this reason we need to know who he is in order to know his needs. Pemsa informs you that it will manage these details in automated form for the administration, extension and improvement of its services and for technical and commercial purposes regarding the products and services offered. Likewise, Pemsa collects certain data in the department of human resources and in that of distributors with the purpose of proceeding to the selection of future company employees and distributors and keeping contact with them.
In any case, the data collected and treated by Pemsa are only those that are fundamental to the purposes indicated above, the fields in which there is an asterisk * are those which require an obligatory response and if no response is made the consequence will be denial of the service.
The USER who introduces his personal details on the different registration forms will have the full right to exercise his rights of access, rectification, cancellation and objection at any moment, by applying to info@Pemsa-rejiband.com. In any case, Pemsa undertakes to eliminate the personal details collected when they have ceased to be necessary or pertinent for the purpose for which they were collected. The body responsible for the treatment of the data is Pemsa PEQUEÑO MATERIAL ELÉCTRICO, S.A.U. with registered address at C/ Galileo Galilei, 22-24. P.E. La Garena 28806 Alcalá de Henares, Madrid and with Fiscal Identification Code A-28212181.
Furthermore, Pemsa informs the USER that by means of the acceptance of the present general conditions he gives his consent to the conduct of the corresponding transfer of his data, with the aim of being able to provide him with the services purchased, to those bodies and organisations which are intimately and necessarily linked with the provision of the different services which are offered on the Pemsa web site, -such as the banking institutions regarding transfers or direct debiting– which is therefore a transfer that is directly related with the free and legitimate acceptance of the legal relationship existing between the USER-CUSTOMER and Pemsa, the development, fulfilment and monitoring of which necessarily involve data transfers. In any case, the USER may revoke his consent to the transfer of his details to Pemsa by applying to info@Pemsa-rejiband.com
Pemsa will ensure the absolute confidentiality and privacy of the personal details collected and for this purpose it has adopted special security measures to prevent the alteration, loss, treatment or unauthorised access and thus to guarantee their well being and security. However, Pemsa cannot fully guarantee the absolute invulnerability of its security systems as no security measures that are installed can currently be unbreakable, therefore Pemsa will not be responsible under any circumstances for the incidents that may arise regarding the personal details when they are derived either from an attack or unauthorised access to our systems in such a manner that it is impossible to detect it by our security systems or alternatively when it is due to a fault of diligence of the user regarding the custody and safekeeping of his access codes or of his personal details –see sixth clause– to be exact, Pemsa does not guarantee that unauthorised third parties who are carrying out any kind of attack on the system will not have knowledge of the characteristics of use which the USERS make of the Pemsa web site.
In any case, Pemsa reiterates that it undertakes to show absolute respect and confidentiality in the collection and treatment of personal data in such a manner that the USER may know at all times which data are in Pemsa’s possession and how they are being used by sending an e-mail to info@Pemsa-rejiband.com. All such comments and suggestions are extremely valuable to us with the aim of improving our data protection system.
The user is responsible for the veracity of his details and undertakes not to introduce false details and to proceed to the modification thereof if this were necessary.
SIXTH.- ACCESS CODES: The registered user undertakes to make diligent use of the access codes and is responsible for the security and confidentiality thereof and has the obligation and the exclusive responsibility to safeguard and keep them in a secure place with the purpose of preventing access to unauthorised third parties. THE USER also undertakes to inform Pemsa, at the earliest possible time, of the loss, theft or any other incident which is derived or may be derived from a risk for the confidentiality of the data supplied by him.
SEVENTH.- Pemsa will not under any circumstances be responsible for:
– the faults which may arise in the communications, erasure, incomplete transmissions… in such a manner that it is not guaranteed that the services of the web site are constantly operative.
– the production of any kind of damage that the USERS or third parties might cause on the web site, and Pemsa reserves the right to suspend access without prior warning in discretionary manner and definitively or temporarily until the real liability for those damages is determined. Likewise, Pemsa will collaborate and will notify the competent authority of these incidents at the moment at which it gains certain knowledge that the damage caused constitutes any kind of illicit activity.
EIGHTH.- JURISDICTION AND APPLICABLE LAW.- The present general conditions are governed by Spanish legislation. Any controversy or conflict which is derived from the present general conditions will be definitively resolved by means of arbitration by one or more arbiters in the framework of the Spanish Court of Arbitration, in accordance with its regulation and Articles, to which the administration of the arbitration and the designation of the arbiter is entrusted. The parties record their commitment to fulfilling the arbitration judgement that is given. In subsidiary form, in the case that this route does not definitively solve the conflict, the Courts of Madrid will be competent to solve the matter, and the USER expressly waives his right to any other jurisdiction to which he might otherwise have a right.
NINTH.- If any clause of the present document is declared to be void, the other clauses will continue to be valid and will be interpreted taking into account the will of the parties and the purpose of the present conditions. Pemsa may choose not to exercise any of the rights and powers conferred in this document, which does not involve under any circumstances the waiver of the rights except in the case of express recognition on the part of Pemsa.