LEGAL NOTICE AND CONDITIONS OF USE OF THE WEBSITE

In order to comply with Article 10 of Law 34/2002 for Information Society and Electronic Commerce Services, we shall inform the Users of the following data:

Company Name: PRODUCTOS NATURALES CAPELL S.A.
Company Address: Calle Domènec Cardenal 2, Bellvís
Tax Identification Number: A25065244
Telephone: 973565151
E-Mail: capell@capell.es
Website: www.capell.es

1. PURPOSE OF THE CONTRACT

Productos Naturales Capell, S.A. (hereinafter the Provider),as a responsible entity for the website, provides this document to the Users, which regulates the use of the website www.capell.es, by which we intend to comply with the obligations set forth in the Law 34/2002 for Information Society and Electronic Commerce Services (LSSICE or LSSI), as well as informing all Users about the conditions of use of the website.

Through the Web, Productos Naturales Capell, S.A.. provides users with access to and use of different services and content made available through the web.

Any person accessing this website assumes the role of User (hereinafter, the User), which consequently implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, as well as any other legal provisions that are of application

As a User, you have to carefully read this Legal Notice for all and any of the occasions that you access the web, as there may be modifications ,being that the provider reserves the right to modify any type of information that may appear on the web without having to pre-warn or to inform users of these obligations, being only enough the mere publication on the website of the Provider.

2. CONDITIONS OF ACCESS AND USE OF THE WEB.

Free access and use of the web.

The provision of services by Productos Naturales Capell, S.A.. is free for all Users. However, some of the services rendered by the provider through the Web are subject to payment of a specific price through the general contract of conditions.

User registration

In general, the rendering of the Services does not require prior subscription or registration of Users.

Accuracy and truthfulness of the information

All the information provided by the User must be accurate and truthful. For these purposes, the User guarantees the authenticity of the data provided through the forms for the subscription of the Services. The User is responsible to keep all the information provided to Productos Naturales Capell, S.A. permanently updated in a way that it reflects, at all times, their actual situation. In any case, the User will be solely responsible for false or inaccurate statements provided by them, as well as for the damages that may be caused to the provider or third parties as a consequence.

Minors

For the use of the services, minors must always obtain previous consent of their parents, guardians or legal representatives, who are ultimately responsible for all acts performed by such minors under their care. They are also responsible for determining the specific contents to which minors access, that is, in the event a minor access unsuitable content via the Internet, they will have to establish mechanisms in their computers, in particular computer programs, filters and blocks, which are intended to limit the available contents and, in spite that they are not infallible, they are of special utility to control and to restrict the materials to which minors can be exposed.

Obligation to make a correct use of the Web.

The User agrees to use the Website in compliance with the Law and this Legal Notice, as well as in accordance to morality and good customs. For this purpose, the User shall refrain from using the page for purposes that are unlawful or prohibited, and / or injurious to the rights and interests of third parties, and / or that in any way may damage, disable, overburden, deteriorate or prevent the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment of the provider.

As a particular indication but not limited thereto, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:

• a. is contrary, despises or attempts against fundamental rights and public liberties that are recognized by the Spanish Constitution, international treaties and other current applicable laws;
• b. induces, incites or promotes actions that are criminal, degrading, defamatory, violent or, in general, contrary to law, morals and public order;
• c. induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
• d. is contrary to the rights relating to honor, personal or family privacy or to the person’s own image;
• e. in any way prejudices the credibility of the provider or of third parties; and
• f. constitutes illicit, deceptive or disloyal advertising.

3. EXCLUSION OF GUARANTEES AND LIABILITY

The Provider is exempt from any and all liabilities arising from the information published on our website, provided that this information has been manipulated or introduced by a third party.

This website has been revised and tested to work properly. In principle, its correct operation can be guaranteed 365 days a year, 24 hours a day. However, the Provider does not rule out the possibility that there may be certain programming errors, or that there are causes of force majeure, natural disasters, strikes, or similar circumstances that could make it impossible to access the website.

Productos Naturales Capell, S.A. does not grant any guarantee and is not liable, in any case, for any and all damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; of the existence of viruses, malicious programs or harmful contents; of the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and motions available to users on the website.

The provider is not liable under any circumstances for any and all damages that may arise from the illegal or improper use of this website.

4. COOKIES

The website of the provider may use cookies (small information files that the server sends to the computer accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the site. Cookies are, in any case, temporary, with the sole purpose of making more efficient navigation, and disappear at the end of the user session. Under no circumstances use cookies to collect personal information. For more information, see our Cookie Policy.

5. LINKS

From the website, you may be redirected to third-party content. Since it is not always possible to control the content entered by third parties, Productos Naturales Capell, S.A. does not assume any liability regarding these contents. In any case, the Provider states to undertake the immediate withdrawal of any content that may contravene national or international laws, morality or public order, also proceeding to the immediate withdrawal of the redirection to these websites, as well as informing the competent authorities of the content in question.

The Provider is not responsible for the information and stored content that may be included but not limited to forums, chats, blog generators, comments, social networks or any other means that allow third parties to independently publish content of the website of the provider. However, and in compliance with the provisions of art. 11 and 16 of the LSSICE (Information Society and Electronic Commerce Law in Spain), the Provider undertakes to be available for all users, authorities and security forces, as to actively collaborate in the withdrawal or, when necessary, the blocking of all content that may affect or contravene the national, or international laws, rights of third parties or for the purposes of morality and public order. In the event that the user considers that there may be some content that could be susceptible to this classification, they shall notify the administrator of the website immediately.

6. PERSONAL DATA PROTECTION

The lender is deeply committed to compliance with regulations on the protection of personal data and ensures full compliance with the obligations laid and the implementation of security measures provided in the European Regulation on Data Protection and Spanish law protection data. For more information, see our Privacy Policy.

7. SOCIAL NETWORKS

We inform you that Productos Naturales Capell, S.A. may be present in social networks. The processing of the data that the users include in social networks [by becoming followers of the provider in the social networks (and / or realizing any link or connection action through these)] will be governed by this section, as well as by the conditions of use, privacy policies and regulations for access and use of the social networks in question and are previously accepted by the user.

Productos Naturales Capell, S.A. will process your data in order to inform you of the activities, products or services of the provider through these social networks, as well as for any other purpose that the Social Networks regulations allow, but will not be responsible for their Privacy Policies.

The following content publications are prohibited:

• Whereas they are unlawful by national, community or international regulations or that they carry out activities that are allegedly unlawful or contravene the principles of good faith.
• Whereas they threaten the fundamental rights of people, lack of courtesy in the network, annoy or may generate negative opinions on our users or third parties and in general whatever the content that Productos Naturales Capell, S.A. deems inappropriate.
• And in general, whereas they contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.

Also, Productos Naturales Capell, S.A. reserves the right to remove, without prior notice from the website or the corporate social network, those contents that are deemed inappropriate.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to the programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts, photographs and / or graphics are all property of the Provider or, if necessary, its use is based upon a license agreement or express authorization from behalf of the owner(s). All the contents of the website are duly protected by the rules of intellectual and industrial property.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution and public communication require prior written authorization from the Provider. Any use that is not previously authorized by the Provider will be considered a serious breach of the intellectual or industrial property rights of the owner(s).

The designs, logos, texts and / or graphics that are unrelated to the provider and that may appear on the website, are property of their respective owners, being themselves responsible for any possible dispute that may occur in their regard. In any case, the Provider has express and prior authorization from such owners.

The Provider acknowledges, in favour of the owners, their corresponding industrial and intellectual property rights, by which their mentioning or appearance on the website, does not imply the existence of any rights or any liability of the Provider on them, as well as endorsement, sponsorship or recommendation by the same.

To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you may communicate with the Provider through the contact email above.

9. APPLICABLE LAW AND JURISDICTION

For the resolution of disputes or issues related to this website or the activities that are developed therein, they shall be governed by the laws applicable in Spain, to which the parties expressly submit, being the Courts of Productos Naturales Capell, S.A. as the competent entities that shall resolve all disputes that derive or are related to the use performed by such parties.

10. CONTACT FORM

The communication sent will be incorporated into a file which is responsible Productos Naturales Capell, S.A. This information will be used exclusively to treat your data to fulfil your request, provided pursuant to Regulation (EU) 2016/679 of 27 April 2016 (RGPD), Organic Law 3/2018 of 5 December (LOPDGDD) and other legal regulations on protection of personal data and Royal Decree 1720/2007 implementing the Act) on data protection. Your data will not be communicated to third parties except for legal obligation, and will remain until its cancellation request.

At any time you can exercise your rights of access, portability and opposition and, if appropriate, limitation or cancellation, regarding your personal data, with a request in writing addressed to Cardenal Domenec 2, 25142 Bellvís or sending an email to capell@capell.es

Private Policy

In compliance with Chapter II of Act 34/2002, LSSICE, we inform you that this Website is the property of Productos Naturales Capell S.A., henceforth also of the Provider, with address in Calle Domènec Cardenal 2, telephone number: 973565151, and email: capell@capell.es

Productos Naturales Capell S.A., is responsible for this Website and in accordance with the provisions of current regulations on the protection of personal data, Regulation (EU) 2016/679 as of April 27, 2016 (GDPR) on the Protection of Personal Data, with regard to the processing of personal data and the free circulation of said data, Spanish Organic Law 15/1999, as of December 13, Protection of Personal Data (LOPD) and Law 34/2002, as of 11 July, of the Information Society and Electronic Commerce Services (LSSICE), has implemented all security measures, both technical and organizational, established by the Spanish Royal Decree 1720/2007 of December 21 (which develops the LOPD) to guarantee and protect confidentiality, integrity, and availability of the data entered.

For the purposes of the provisions of the LOPD, Productos Naturales Capell S.A. informs you that the information you are voluntarily providing us will be incorporated into our information systems in order to carry out the necessary commercial and administrative procedures with website users. The operations foreseen to be carried out are as follows: respond to inquiries and/or provide information requested by the User; perform the provision of services and/or products contracted or subscribed to by the User; carry out all those activities of Productos Naturales Capell S.A. described in this legal notice.

The signer guarantees the veracity of data provided and undertakes the need to communicate any changes that may occur in them.

The Provider, marked by an asterisk (*) in the corresponding boxes of the contact form, informs the User of these obligations, indicating what data is necessary. By indicating and entering the data, the User grants unambiguous consent to Productos Naturales Capell S.A. to proceed with the processing of said data provided for the purposes previously mentioned.

Failure to provide the requested personal data or failure to accept this data protection policy means that it is impossible to subscribe, register, or receive information about the Provider’s products and services.

In accordance with the regulations in force regarding the protection of personal data, the Provider is complying with all the provisions of the regulations GDPR and LOPD for the treatment of personal data in their responsibility, markedly with the principles described in Article 5 of the RGPD and to Article 4 of the LOPD, by which they are treated in a lawful, loyal and transparent manner in relation to the interested party and adequate, relevant, and limited to what is necessary in relation to the purposes for which they are treated.

The DATA CONTROLLER guarantees that he has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR and the LOPD to protect the rights and freedoms of the Users.

In accordance with these regulations, then, we inform you that you have the right to request access, rectification, portability, and deletion of your data and the limitation and opposition to your treatment by contacting a C/Domènec Cardenal 2 in Bellvís, sending an email to capell@capell.es , indicating as Subject: “LOPD, ARCO Rights”, and attaching a photocopy of your ID or any similar legal identification, as indicated by law. You have the right to withdraw the consent given at any time. The withdrawal of consent will not affect the lawfulness of the treatment carried out before the withdrawal of consent. You also have the right to submit a claim to the supervisory authority if you believe that your rights may have been violated in relation to the protection of your data (agpd.es).

CONFIDENTIALITY AND TRANSFER OF DATA TO THIRD PARTIES

The information you provide will be treated confidentially. The Provider has adopted all the technical and organizational measures and all the levels of protection necessary to guarantee the security in the treatment of the data and to avoid its alteration, loss, theft, treatment, or unauthorized access, according to the state of technology and nature of the stored data. Likewise, it is also guaranteed that the treatment and registration in files, programs, systems or equipment, premises, and centers comply with the requirements and conditions of integrity and security as established in the current regulations.

Productos Naturales Capell S.A. will not transfer personal data to third parties, except by legal obligation. However, in the case of being transferred to a third party, information would be prior obtained by the User requesting the express consent for such assignment. The entity responsible for the database, as well as those that intervene in any phase of the treatment, and/or the entities to which they have been notified, -in any case always with the corresponding authorization granted by the user-, are obligated to observe professional secrecy, the adoption of protection levels, as well as technical and organizational measures necessary to ensure the security of personal data, avoiding, as far as possible, unauthorized access, illegal modifications, subtractions and/or loss of data, in order to ensure the corresponding level of security of the Providers’ files, according to the nature and sensitivity of the data provided by the users of this Website.

ACCEPTANCE AND CONSENT

The User declares to have been informed of the conditions regarding the protection of personal data, accepting and consenting to the automatic treatment of the same by Productos Naturales Capell S.A. in the manner and for the purposes indicated in this Policy of Protection of Personal Data.

Through this Privacy Policy we inform you that the photographs that are posted on the website are the property of Productos Naturales Capell S.A.

ACCURACY AND TRUTHFULNESS OF DATA

The User is solely responsible for the accuracy and veracity of the data sent to Productos Naturales Capell S.A., exonerating the Provider of any responsibility in this respect. Users guarantee and are held liable, in any case, regarding the accuracy, validity, and authenticity of the personal data provided, and undertake to keep the data provided properly updated. The User agrees to provide complete and correct information in the registration or subscription form.

CONTENT OF WEBLINKS

Productos Naturales Capell S.A. reserves the right to update, modify, or eliminate the information contained in the website, and may even limit or refuse access to information.

Productos Naturales Capell S.A. does not assume any type of responsibility for the information contained in the websites of third parties that can be accessed through the links from any Web age owned by the Provider.

The presences of links are for informational purposes only and in no case does it imply any suggestion, invitation, or acknowledgment regarding them.

CHANGES IN THIS PRIVACY POLICY

Productos Naturales Capell S.A. reserves the right to modify the current policy in order to adapt it to new legislation or jurisprudence.

COMMERCIAL MAIL

Productos Naturales Capell S.A. reserves the right to modify the current policy in order to adapt it to new legislation or jurisprudence.

According to the LSSICE, Productos Naturales Capell S.A. does not perform SPAM practices, therefore, it does not send commercial e-mails that have not been previously requested or authorized by the User.

LEGISLATION

For all purposes, the relations between Productos Naturales Capell S.A. and the Users of its telematic services, present on this Website, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all disputes arising or related to their use the Courts of Lleida.