Tracosa Aduanas S.A., (hereinafter Tracosa), which has its registered address on Av. del Paralelo, 15, 2º, 08004 Barcelona, is a Spanish limited company, with CIF number A58277807. Tracosa is registered in the Mercantile Registry of Barcelona in volume 23519, book 7356, Sec.2ª, folio 76, page B-56990 insc.1ª and is the owner of this Website. To contact TRACOSA please address all written correspondence to the postal address indicated above or telephone (+34) 934 439 830.
These Conditions of Use (hereinafter, the “General Terms & Conditions”) govern the use of the website www.tracosa.com (hereinafter, the Website). TRACOSA makes them available to users who access this web portal, with the aim of providing those users with information about its own products and services and facilitating their access.
Given the nature of the web portal, all sections of the General Terms & Conditions are accessible to the general public, with respect to which TRACOSA also wants to fulfil its legal obligations, as well as govern their use. In this sense, users who access these sections of the Website accept that, by accessing these pages, they shall be subject to the terms and conditions contained in these General Terms & Conditions, to the extent that they apply to them.
Finally, given the nature of this Website, it is possible that the content of these General Terms & Conditions may be modified and/or changes may be included. For this reason, the User is obliged to access these General Terms & Conditions every time he accesses the Website, assuming that the corresponding conditions in force at the time are applicable to him.
II. CORRECT USE OF THE WEB PORTAL
Users are obliged to use the Services in a diligent, correct and lawful manner. In particular, users shall refrain from the following activities, which are detailed for merely illustrative purposes and are not intended to be exhaustive:
(a) using the Services in a manner, for purposes or effects contrary to the law, morality or generally accepted good practices or public order;
(b) reproducing or copying, distributing, permitting public access through any means of public communication, transforming or modifying the Services, unless authorised by the holder of the corresponding rights or such action is permitted legally;
(c) performing any act that may be considered as an infringement of any of the intellectual property or industrial rights belonging to TRACOSA or to third parties;
(d) using the Services and, in particular, information of any kind that they obtain from the Website for the purposes of sending publicity, issuing communications for the purposes of direct sales or for any other kind of commercial purpose, sending unsolicited messages to a plurality of people regardless of their purpose, or marketing or disclosing any such information in any way.
Users shall be liable for any harm and damages of any nature that TRACOSA may incur, due to, or as a result of, the breach of any of the obligations set forth above, as well as of any others included in these General Terms & Conditions and/or imposed by the Law in relation to the use of the Website.
TRACOSA shall ensure compliance with the legal system in force at all times, and shall be entitled, at its sole discretion, to discontinue the Service or exclude Users from the Website in the event of the presumed committal, complete or otherwise, of any of the crimes or offenses established in the governing legislation. This also applies in the event that TRACOSA observes any conduct that it deems to be contrary to the General Terms & Conditions governing this Website, the Law, the rules established by TRACOSA and its partners or that may disrupt the proper functioning, image, credibility and/or reputation of TRACOSA and/or its partners.
Similarly, TRACOSA reserves the right to withdraw access to the Website, as well as to stop rendering any or all of the Services provided through it, at any time, and without prior notice, for one or more of the following reasons: technical, security, control or maintenance issues, power failures or any other justified cause.
III. PROPERTY RIGHTS
All of the content of the Website including text, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of TRACOSA and/or its third parties, whose rights TRACOSA legitimately bears in this respect, and is therefore protected by domestic and international legislation.
The use of any element of industrial and intellectual property for commercial purposes shall be strictly prohibited, along with their distribution, modification or alteration.
IV. LINKS TO OTHER WEBSITES
TRACOSA does not guarantee or assume any kind of liability for the harm and damages incurred when Users access Services provided by third parties through connections or links on related sites, or regarding the accuracy or reliability thereof.
The purpose of the links on TRACOSA’s Website is exclusively to inform users about the existence of other sources of information online, which may expand the Services offered by the Portal. Under no circumstances shall TRACOSA be responsible for the result obtained from those links or for the consequences that arise from users’ access to them. Such Services are provided by third parties, and therefore TRACOSA cannot and does not control the lawfulness of those Services or their quality. As a result, users must exercise extreme caution in their evaluation and use of information and services made available through third parties.
V. DATA PROCESSING
On the other hand, for the use of certain Content or Services, TRACOSA may require Users to input certain personal information using the forms made available online for that purpose.
When a user does not register, but carries out anonymous surfing on the website, he should take into account and be informed that, in all cases, by sending an email to TRACOSA, and by communicating any other personal information to the company through any other means, he is giving his free, unambiguous, specific, informed and express consent for the treatment of his personal data by the aforementioned entity.
Subscription by users to the Newsletter service also implies the provision of their unambiguous consent to the receipt of that content and/or publicity and/or commercial information relating to TRACOSA.
To this end, and in accordance with the provisions of Organic Law 15/1999, dated 13 December 1999, governing the Protection of Data of a Personal Nature, we inform users that the personal information they provide to us through our Website or by sending emails to us, shall be incorporated into files declared in the General Data Protection Registry under the ownership of TRACOSA ADUANAS S.A. with registered address on Av. del Paralelo, 15, 2º, 08004 Barcelona, for the purposes of being used to manage their information requests and to send them publicity about TRACOSA’s offers.
Meanwhile, TRACOSA informs all of its users of the non-mandatory nature of the collection of personal data, except in those fields indicated otherwise. Nevertheless, failure to provide such data may impede the provision of all of the Services linked to that data, whereby releasing the company of all liability for the non-provision or incomplete provision of those Services.
Users are responsible for providing data in a truthful manner and for maintaining their data up to date. TRACOSA reserves the right to exclude from the Services any User who provides false data, notwithstanding any other actions that may proceed under Law.
All users may exercise their rights to access, oppose, rectify and cancel their personal information by email, by filling out the contact form: http://www.tracosa.com /contacto/
VI. APPLICABLE LAW AND JURISDICTION
In the event that any interpretative or litigious questions arise, Spanish law shall apply and in the event of a dispute, both parties agree to subject themselves to the jurisdiction of the Courts of the city of Barcelona, renouncing any other jurisdiction that may correspond to them.