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LEGAL NOTICE AND PRIVACY POLICY OF THE ORC WEBSITE


  1. Legal information and acceptance

 

These provisions regulate the use of the service of the Internet portal (hereinafter, the “Portal”) that the association “Orri Running Committee” (hereinafter, “ORC” or the “Association”) places at the disposal of Internet users.

 

ORC is a private, not-for-profit association, according to the provisions and under Article 22 of the Spanish Constitution and of the Organic Law 1/2002, of 22 March, regulator of the Right of Association, as well as in line with the rest of the complementary laws and legal and regulatory provisions for implementation. It has its registered offices at Avenida de las Cortes Valencianas, 26 Bloque 5 Esc.2 2 Ofic.8, 46.015 – Valencia, Spain. It is duly registered in the National Registry of Associations with the number 609,769. Its Fiscal Identification Code (C.I.F.) is G-98.787.393.

 

ORC’s purpose is the realisation of a series of actions related to the management, control and inspection of the legal exploitation of the “Orri” mandarin plant variety with the Community Plant Breeders’ Title no. 36609, of 29 July 2013 and Spanish Protected Plant Variety Title number 002572, both owned by the Agricultural Research Organisation (ARO) of Israel and with respect to which the company The Enforcement Organization, S.L., is the exclusive master licensor for Spain and Portugal.

 

For any communication you can contact us at the telephone: 963 49 47 95, fax: 963 47 86 57, or through the e-mail: orc@orcspain.es

 

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 Website has restricted areas for the exclusive use of the ORC associates. Only the associates registered in the Portal shall have access to this area of the Website.

 

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.

 

  1. Intellectual and industrial property

 

www.orcspain.es is ORC’s Web Portal, through which the ORC makes public its activity of control, defence and promotion of the “Orri” protected plant variety and through which the principal measures can be known that are implemented for compliance with its aims. Furthermore, through the Web Portal, the publication of announcements, among other purposes determined by the directive board of the ORC, are carried out.

 

Upon visiting and using the Portal, you accept the fact that its 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 ORC 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 Web page.

 

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 ORC or of third parties (with ORC 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 in any case any right on the trademarks, commercial names and/or distinctive signs that appear therein.

 

  1. 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 ORC 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 ORC’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 ORC 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 ORC 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 ORC 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 ORC 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 ORC 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 ORC or to third parties for the information that he provides. In order to supply the data to ORC, the User must also have the authorisations required by the current laws at every moment, being liable towards ORC 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 ORC; or (iv) in any other way that is prohibited by the current legislation.

 

No type of false, inaccurate or incorrect statement about ORC, 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 ORC 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 ORC is prohibited within the page of the referrer’s page, except in the cases permitted by the law or expressly authorised by ORC 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 ORC 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 ORC’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 ORC, with ORC proceeding in these cases to perform the opportune investigation, with the aim of carrying out the actions that may be appropriate.

 

In no case 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 ORC with the statements, contents or services provided.

 

ORC does not know 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.

 

  1. Exclusion of liability

 

4.1 On the quality of the service

 

The access to the Portal does not imply the obligation by ORC 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.

 

ORC 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 ORC. 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.

 

ORC 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, ORC 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 ORC, with ORC proceeding in these 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 ORC with the statements, contents or services provided.

 

ORC 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 ORC.

 

4.4 User’s liability

 

The User is aware of his exclusive liability for the use that he makes of the Portal in conformity with this Privacy Policy, exempting ORC 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 ORC 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 ORC 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 ORC, 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 ORC 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.

 

  1. Protection of personal data

 

ORC will treat with the greatest diligence your right to privacy and wants you to feel comfortable navigating through its Website. Consequently, in accordance with the provisions of the Organic Law on the Protection of Data 15/1999, you 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 ORC 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 ORC products.

 

Moreover, ORC 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 ORC, 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.

 

ORC 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, ORC 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 ORC 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 ORC, 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 ORC. 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 ORC 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 ORC unharmed from any contingency that could be derived from the assignment or transmission carried out. The data thus acquired by ORC will be analysed with the aim of verifying whether their processing responds to the lawful aims coherent with ORC’s activity. ORC 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, ORC 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 ORC is responsible, and to whom you can write in order to exercise your rights of access, cancellation, rectification and opposition.

 

The ORC website uses “cookies”, with the aim of facilitating the service offered by the Portal when a user or visitor navigates through its pages, identifying each user or visitor with maximum speed. The cookies are automatic information-gathering procedures related to the preferences determined by a user during his visit to a certain web page. This information is registered in small files that are imperceptibly stored in the corresponding user’s computer equipment. Each time the user again accesses the website in question, these files are automatically activated in such a way as to configure the website with the preferences indicated in previous visits. In short, the cookies are physical files of personal information stored in the user’s terminal and unequivocally associated with this terminal. Nonetheless, the cookies are only associated with an anonymous user, not accessing data of a personal nature, data of the user’s or visitor’s hard disk, or reading the “cookies” created by other service providers of the information society.

 

The User has the possibility of configuring his browser so that it impedes the creation of cookie files or warns him of the moment in which this occurs. The Portal is accessible without the need for the options referring to the “cookie” files being activated, although it can impede the correct functioning of security mechanisms for exclusive services or certain services that require a higher level of security. As a general rule, the aim of the cookie files of the Portal is that of facilitating the User’s navigation.

 

  1. 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 or unlawful, harmful, degrading, violent services or those contrary to morality, he may contact the ORC, 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.

 

  1. Applicable law

 

Upon using this Website, you 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, with waiver of any other jurisdiction that might correspond to him, 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 ORC.