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Legal notice OF CIC nanoGUNE WEBSITE

(Version in force since 01/03/2015)

LEGAL INFORMATION

Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce states that the information society service provider is obliged to make resources available to both recipients of the service and competent bodies so that they may have permanent, easy and direct access to the following information by electronic means and free of charge:

Domain name: www.nanogune.eu

e-mail: nano@nanogune.eu

Owner: ASOCIACIÓN CENTRO DE INVESTIGACIÓN COOPERATIVA EN NANOCIENCIAS – CIC nanoGUNE (henceforth “CIC nanoGUNE”), having its registered offices at Tolosa Hiribidea, nº 76, Donostia-San Sebastián (Gipuzkoa), listed in the first section of the Register of Associations for the Basque Country under the number AS/G/12418/2006, and with tax identification number G-20903449.

TERMS OF USE

Definition, purpose and scope

These provisions (henceforth the “TERMS OF USE”) govern the access and use of the website service that CIC nanoGUNE offers Internet Users (henceforth the “USER(S)”) via the domain www.nanogune.eu (henceforth the “WEBSITE”). Notwithstanding the above, access to certain content and use of some of the the services that CIC nanoGUNE offers the USER via the WEBSITE may be subject to certain specific terms and conditions (henceforth the “SPECIFIC TERMS AND CONDITIONS”) which shall replace, supplement and/or modify these TERMS OF USE as appropriate, and which shall prevail over them in the event of any discrepancy. These SPECIFIC TERMS AND CONDITIONS shall be made available to USERS on the WEBSITE itself.

Consequently, prior to accessing such content and/or using such services, the USER must carefully read and accept, if applicable, the relevant version of the SPECIFIC TERMS AND CONDITIONS that is in force when the aforementioned access and/or use takes place.

CIC nanoGUNE reserves the right to modify or update the contents of these TERMS OF USE, the corresponding SPECIFIC TERMS AND CONDITIONS, if appropriate, and any part of the general design and configuration of the WEBSITE at any time and without needing to give prior notice. All of this shall be undertaken within the limits stated in (i) Royal Legislative Decree 3/2011 of 14 November, which approves the Consolidated Text of the Law on Public Sector Contracts concerning the content of the “Contractor Profile” section of the WEBSITE; as well as in (ii) any applicable legislation concerning transparency whereby CIC nanoGUNE must ensure that content on the WEBSITE remains accessible to the public, if appropriate.

The terms of access and/or use that are in force shall be those published when the WEBSITE was last updated, i.e. the terms published on the WEBSITE at the time of each individual visit shall apply.

By accessing the WEBSITE, the User expressly accepts and unreservedly agrees to these TERMS OF USE which determine the rules of use for the WEBSITE, and this agreement shall be as valid and binding as a signed written contract. In the event that the USER does not wholly accept these TERMS OF USE, they shall not be authorised to access the WEBSITE.

USER registration and password

In cases where the USER is required to register to use the WEBSITE and/or access certain content and/or services offered by CIC nanoGUNE through the WEBSITE (Private Area), the USER shall be responsible for ensuring that they provide true and lawful information.

By participating in the registration process which CIC nanoGUNE has in place at that particular time, the USER will be assigned (i) a login ID; and (ii) a password, which will enable them to login as a registered user of the WEBSITE at any time.

The USER is obliged to ensure that they make careful use of the ID and password assigned to them. They shall be responsible for keeping them safe and confidential, agreeing not to disclose this information to third parties on either a temporary or permanent basis, and not to allow other individuals to have access.

If a USER discovers that their ID and password have been stolen, lost or used to gain unauthorised access, the USER shall be responsible for notifying CIC nanoGUNE of the incident so that those login details can be deactivated. Under no circumstances shall CIC nanoGUNE be held liable for any actions of unauthorised third parties that use the USER's ID and password before the USER reports the incident as outlined above.

Financial terms for accessing and using the WEBSITE

Unless the SPECIFIC TERMS AND CONDITIONS state otherwise, access to the WEBSITE and its content is free of charge, except for the cost of connecting to the telecommunications network that the USER has contracted from their ISP.

Industrial and Intellectual Property Rights

All the Industrial and Intellectual Property Rights relating to the WEBSITE are legally reserved. Under no circumstances shall access or use by the USER imply the granting of any licence for use or right over any asset which is the property of or owned by CIC nanoGUNE and/or any third party. This reservation of rights extends to both (i) the external appearance (look and feel) and the actual code, design and navigation structure of the WEBSITE; and (ii) content in any format that may be included and distributed through the WEBSITE (i.e. informative articles, scientific work, experimental photographs, etc.).

It is prohibited to use references to trade names or marks, logos or other distinctive signs featured on the WEBSITE without the express consent of CIC nanoGUNE or their rightful owner, regardless of whether they have been registered, or whether they are owned by CIC nanoGUNE or third parties.

It is strictly prohibited to reproduce, copy, distribute, transform or publicly broadcast the information contained on the WEBSITE or to undertake any other comparable activity without the express authorisation of CIC nanoGUNE. This restriction also applies to the design of the WEBSITE and the selection and presentation of the materials included therein, regardless of the purpose and the means used to do so.

Therefore, unless the SPECIFIC TERMS AND CONDITIONS state otherwise, the USER may only view and use content and services available via the WEBSITE for strictly their own personal purposes, and provided that they do not use the content and/or services for the purpose of undertaking commercial or professional activity.

Furthermore, it is also forbidden to decompile, disassemble, reverse engineer, sublicense or in any way transmit, translate or create derivative works from computer programs which are required for the running, access and use of the WEBSITE. The USER must in all cases refrain from deleting, altering, evading or tampering with any protection device or security systems which may be installed on the WEBSITE.

Liability and warranty

Those who use the WEBSITE do so at their own risk. When accessing the WEBSITE, the USER is obliged (i) not to engage in any conduct which could damage the image, interests or rights of CIC nanoGUNE or third parties, or which could damage, disable or overload the WEBSITE, or which impedes the normal use of the WEBSITE in any way; and (ii) to use it in a way that fully complies with the law and commercial standards.

The USER shall subsequently be held liable by CIC nanoGUNE and/or third parties for any damage or harm that may be caused as a result of failing to fulfil these obligations.

CIC nanoGUNE adopts the security measures that it deems necessary in order to ensure that the WEBSITE works properly and to detect any viruses or harmful components. Nevertheless, the USER must be aware that the security measures used for computer systems are not fully reliable. CIC nanoGUNE is therefore unable to guarantee (i) the continued availability of content and services offered through the WEBSITE; (ii) that such content will be free of errors, or that any possible defects will be corrected; (iii) that it will be free of viruses or other harmful elements that could interfere with the USER's computer systems (software and hardware) or their electronic documents and files contained on those systems; or (iv) that the security measures taken are infallible.

Furthermore, in the event of technical changes or breakdown, CIC nanoGUNE reserves the right to partially or totally suspend services, either temporarily or permanently, and agrees to give prior notification wherever possible via the WEBSITE or any other means designed for such purposes. All of this shall be undertaken within the limits stated in (i) Royal Legislative Decree 3/2011 of 14 November, which approves the Consolidated Text of the Law on Public Sector Contracts concerning the content of the “Contractor Profile” section of the WEBSITE; as well as (ii) in any applicable legislation concerning transparency whereby CIC nanoGUNE must ensure that content on the WEBSITE remains accessible to the public, if appropriate.

LINKS

Linked sites

Through the WEBSITE, CIC nanoGUNE offers the USER technical linking devices (such as buttons, links and banners) that may redirect the USER to other internet websites or portals that are managed by and/or belong to third parties and over which CIC nanoGUNE has no control whatsoever (henceforth “LINKED SITES”).

The USER must bear in mind that these TERMS OF USE shall cease to apply when they use the aforementioned linking devices and access LINKED SITES from the WEBSITE.

CIC nanoGUNE has no knowledge of the content and services included on LINKED SITES and has absolutely no control over them whatsoever. The inclusion of such links on the WEBSITE shall under no circumstances imply (i) that CIC nanoGUNE recommends or approves of the content and services featured on LINKED SITES; and/or (ii) that there is any kind of relationship, partnership or dependency between CIC nanoGUNE and the manager of the LINKED SITE.

As a result, CIC nanoGUNE accepts no liability for LINKED SITES and cannot be held responsible for their running, the content and services that they offer, or the links that feature on such LINKED SITES.

Should the USER become aware that the content, services or any other activities of a LINKED SITE are unlawful or unsuitable, they must notify CIC nanoGUNE immediately, so that the latter can take appropriate measures.

Hyperlinks

The insertion of hypertext links (hyperlinks) on other websites or pages is authorised, provided that they link to the http://www.nanogune.eu homepage or, if applicable, to any other internal page of the WEBSITE (deep link), and that the relevant pages are displayed in a full window under their respective URL. In doing this, the third party website or page accepts full responsibility for any risks that may arise from including the hyperlink to the WEBSITE.

The website or webpage that contains the hyperlink must in no way state that CIC nanoGUNE has authorised that hyperlink, unless CIC nanoGUNE has given express consent in writing.

If the third party who inserts the hyperlink into their webpage or site wishes to also include the brand, company name, trade name, sign, logo or any other identifying element owned by CIC nanoGUNE and/or is related to the WEBSITE, they must have the express written authorisation of CIC nanoGUNE before doing so.

Notwithstanding all of the above, it is expressly prohibited to display a page of the http://www.nanogune.eu website in a window of another website that does not belong to CIC nanoGUNE via a technique called “framing”, unless CIC nanoGUNE has given express consent.

Furthermore, it is strictly prohibited to use “in line linking” to insert any kind of content published on http://www.nanogune.eu into any website or page other than the WEBSITE without the express permission of CIC nanoGUNE.

If a hyperlink is included in accordance with the aforementioned terms, under no circumstances does this imply a relationship between CIC nanoGUNE and the owner/manager of the website or page that features the hyperlink, nor does it indicate that CIC nanoGUNE has accepted or approved its content and/or services.

In any event, CIC nanoGUNE reserves the right to prohibit or disable any hyperlink to the WEBSITE at any time, particularly if the webpage or website that features the hyperlink contains or relates to unlawful activity and/or content.

PRIVACY POLICY.PROTECTION OF PERSONAL DATA

General information

The Privacy Policy is established in accordance with the provisions set out below and generally governs how CIC nanoGUNE collects and processes personal data provided by USERS via the WEBSITE (henceforth “PRIVACY POLICY”).

CIC nanoGUNE reserves the right to modify the PRIVACY POLICY in order to adapt it to new legislation, case law and/or administrative changes, as well as to practices that CIC nanoGUNE may engage in via the WEBSITE at any point, taking into account the rights and interests of USERS at all times.

In any event, CIC nanoGUNE shall provide USERS with suitable technical resources so that they can access the PRIVACY POLICY prior to submitting their personal data. The purpose of this is to ensure proper compliance with the relevant obligations concerning information and consent that are required by current data protection law.

Right to information

Under the terms provided for in Organic Law 15/1999 of 13 December on the Protection of Personal Data, USERS are informed that CIC nanoGUNE holds and is responsible for a file of personal data. This file has been created for the purposes detailed below and is registered with the Spanish Data Protection Agency.

CIC nanoGUNE does not engage in spamming and, aside from the cases expressly mentioned under the “Cookies Policy” section of the WEBSITE, USERS are not registered by simply visiting the WEBSITE. CIC nanoGUNE shall only process information that the USER sends when registering, enrolling for activities/events organised by CIC nanoGUNE, signing up for any of the services offered by CIC nanoGUNE via the WEBSITE, submitting a job application and/or getting information on services offered by CIC nanoGUNE via the WEBSITE.

Purpose of data processing

The purposes of collecting and processing the data that any requestor of information or USER provides to CIC nanoGUNE via the WEBSITE are to (i) maintain and manage the relationship with the USER; (ii) manage USER access and use of the content and services that CIC nanoGUNE makes available through the WEBSITE; (iii) handle requests sent in by USERS and provide the relevant information relating to online queries; (iv) keep the USER informed of certain aspects of CIC nanoGUNE's activity which could be of interest to them by sending them information via regular or electronic channels; and (v) carry out the relevant recruitment process with regards to any documents and/or data related to job advertisements/applications.

USER consent

By registering as a USER to access content and services offered by CIC nanoGUNE via the WEBSITE, supplying information through the relevant forms on the WEBSITE or sending an email query, the USER or requestor of information is giving their authorisation for the data included in that correspondence to be processed.

It is compulsory to provide personal data which is required information. Fields which must be completed are marked by an asterisk (*) on the forms on the WEBSITE. If the USER fails to complete the required fields or supplies incorrect details, CIC nanoGUNE will not be able to process their request, send them the information they have asked for or provide the services they have sought.

Therefore, when USERS register in any shape or form and/or provide data via the forms available on the WEBSITE, accept the PRIVACY POLICY and click on the “OK” button (or equivalent) on the form, they are declaring that the information and data provided in that form are truthful and accurate.

The owner of the data must inform the data controller of any changes to their personal data and shall at all times be held responsible for the truthfulness and accuracy of the information they supply.

By providing the details of third parties, the USER is declaring that the owners of that information have given them express authorisation to disclose such details.

USERS are informed that they may object to their data being processed for purposes other than those outlined above. Notwithstanding any express and informed consent that the USER may have given during registration, the USER shall therefore be deemed to have given their consent for the aforementioned purposes if they do not express any objection within 30 calendar days of the data being collected.

Right to access, amendment, removal and objection

USERS may exercise their right to access, amend, remove or object to the processing of their personal data in accordance with Organic Law 15/1999 of 13 December on the Protection of Personal Data. Under the terms set forth in current legislation, the request must be made in writing, marked for the attention of the data controller and sent to the address below: ASOCIACIÓN CENTRO DE INVESTIGACIÓN COOPERATIVA EN NANOCIENCIAS-CIC nanoGUNE, Tolosa Hiribidea, 76, E-20018 – Donostia-San Sebastian.

Disclosure of data

Data provided by the USER shall not be disclosed to third parties.

Confidentiality and Security

CIC nanoGUNE guarantees that personal data supplied by the USER shall remain confidential and that it shall be processed in accordance with the relevant laws on personal data, thereby agreeing to treat such information with the strictest confidence.

USERS are also informed that CIC nanoGUNE observes data protection security standards in accordance with Royal Decree 1720/2007 of 21 December, which approves the implementing regulations for Organic Law 15/1999 of 13 December on the Protection of Personal Data. Furthermore, CIC nanoGUNE has implemented all the technical means it has available in order to prevent the loss, misuse, alteration, unauthorised access and/or theft of data that the User discloses to CIC nanoGUNE, while reminding USERS that internet security measures are not infallible.

For any issue related to the protection of personal data, you can contact us at the following email address: nano@nanogune.eu

COOKIES POLICY

The WEBSITE uses cookie files and/or other devices to store and retrieve analogue data.

The USER will find more detailed information about the use of cookie files in the “Cookies Policy” section of the WEBSITE. GOVERNING LAW AND JURISDICTION These TERMS OF USE are subject to Spanish law. In order to resolve any conflict which may arise from accessing the WEBSITE, its content and/or the services that CIC nanoGUNE offers the USER via the WEBSITE, the USER and CIC nanoGUNE expressly agree to submit to the courts of San Sebastian, expressly waiving any other jurisdiction which may apply.

 

GOVERNING LAW AND JURISDICTION

These TERMS OF USE are subject to Spanish law.

In order to resolve any conflict which may arise from accessing the WEBSITE, its content and/or the services that CIC nanoGUNE offers the USER via the WEBSITE, the USER and CIC nanoGUNE expressly agree to submit to the courts of San Sebastian, expressly waiving any other jurisdiction which may apply.

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