Legal notice and privacy policy

1. Legal Notice and Privacy Policy

These provisions regulate the use of the Internet portal service (hereinafter, the 'Portal') that Novicell ES Business Online S.L. (hereinafter, Novicell Spain) makes available to Internet users.

Novicell Spain with registered office at Calle Pallars 84, 08018 Barcelona, Spain and CIF number B65029613. Telephone: 932 315 303.

Access to the website is free except for the cost of connecting through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and their access is restricted. The legal services provided by the firm, in general, have the price indicated in the corresponding commercial offer and under no circumstances are they offered or provided through the portal service.

The use of the portal confers the status of user of the portal (hereinafter, the 'User') and implies the acceptance of all the conditions included in this Legal Notice. The provision of the portal service is limited to the time when the User is connected to the portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time they intend to use the portal, since the portal and its terms of use set out in this Legal Notice may undergo modifications.

Some portal services accessible to Internet users or exclusive to Novicell Spain customers may be subject to specific conditions, regulations and instructions that, where appropriate, replace, complete and/or modify this Legal Notice and that must be accepted by the User before the provision of the corresponding service begins.

2. Intellectual and industrial property

All the contents of the portal, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the 'Contents'), are the intellectual property of Novicell Spain or third parties, without any of the exploitation rights recognized by current intellectual property regulations on them, except those that are strictly necessary for the use of the portal.

The brands, trade names or distinctive signs are the property of Novicell Spain or third parties, and access to the portal cannot be understood to grant any right to the above-mentioned brands, trade names and/or distinctive signs.

3. Terms of use of the portal

3.1 General

The User undertakes to make proper use of the portal in accordance with the Law and this Legal Notice. The User will be liable to Novicell Spain or to third parties for any damages that may be caused as a result of the breach of this obligation.

The use of the portal for purposes harmful to the property or interests of Novicell Spain or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Novicell Spain or third parties is expressly prohibited.

3.2 Contents

The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may apply to them in accordance with the provisions of clause 1.

For illustrative purposes only, the User, in accordance with current legislation, must refrain from:

Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorized by law or expressly consented to by Novicell Spain or by whoever holds the rights of exploitation where appropriate.

Reproduce or copy for private use the Contents that may be considered as software or database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily involve reproduction by the User or a third party.

Extract and/or reuse all or a substantial part of the Contents that make up the portal as well as the databases that Novicell Spain makes available to Users.

3.3 Data Collection Forms

Notwithstanding the provisions of clause 5 of this Legal Notice, as well as to the privacy policies accessible from the portal and that may be applicable at any time, the use of certain services or requests addressed to Novicell Spain is conditioned on the prior completion of the corresponding User registration.

All information provided by the User through the forms on the portal for the above purposes or for any other purpose must be true. For these purposes, the User guarantees the authenticity of all the data they communicate and will keep the information provided to Novicell Spain perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements they make and for the damages they cause to Novicell Spain or third parties because of the information they provide.

3.4 Introducing links to the portal

Internet users who want to insert links from their own web pages to the portal must comply with the conditions set out below, without ignoring them avoiding the responsibilities deriving from the Law:

The link will only link to the home page or main page of the portal but you cannot reproduce it in any way (inline links, copy of the texts, graphics, etc.).

In any case, it will be prohibited, in accordance with the applicable legislation in force at any given time, to establish Frames or frames of any kind that surround the portal or allow the viewing of the Contents through Internet addresses other than those of the portal and, in any case, when viewed together with content outside the portal in such a way that: (I) causes, or may cause, error, confusion or deception among users about the true origin of the service or Contents; (II) it involves an act of unfair comparison or imitation; (III) serves to exploit the brand reputation and prestige of Novicell Spain; or (IV) in any other way is prohibited by current legislation.

No false, inaccurate or incorrect statement will be made from the page that inserts the link about its partners, employees, customers or about the quality of the services it provides.

Under no circumstances will it be stated on the page where the link is located that Novicell Spain has given its consent to the insertion of the link or that it otherwise sponsors, collaborates, verifies or monitors the sender's services.

The use of any denominative, graphic or mixed brand or any other distinctive sign of Novicell Spain within the sender's page is prohibited, except in cases permitted by law or expressly authorized by Novicell Spain and provided that, in these cases, a direct link to the portal is allowed in the manner established in this clause.

The page that establishes the link must faithfully comply with the law and may not under any circumstances contain or link to its own or third-party content that: (I) is illegal, harmful or contrary to morals and good morals (pornographic, violent, racist, etc.); (II) induces or may induce in the User the false conception that Novicell Spain subscribes to, endorses, adheres to or in any way supports, the sender's ideas, statements or expressions; (III) are inappropriate or not relevant to the Activity of Novicell Spain paying attention to the location, content and subject matter of the sender's website.

4. Exclusion of liability

4.1 From the Information

Access to the portal does not imply an obligation on the part of Novicell Spain to verify the veracity, accuracy, appropriateness, completeness and timeliness of the information provided through it. The contents of this page are general in nature and do not constitute, in any way, the provision of legal or tax advice of any kind, so such information is insufficient for the User to make personal or business decisions.

Novicell Spain is not responsible for the decisions made based on the information provided on the portal or for the damages caused to the User or third parties as a result of actions based solely on the information obtained on the portal.

4.2 Quality of service

Access to the portal does not imply an obligation on the part of Novicell Spain to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, to have adequate tools for the detection and disinfection of harmful computer programs.

Novicell Spain is not responsible for damage to the computer equipment of Users or third parties during the provision of the portal service.

4.3 On the availability of the Service

Access to the portal requires third-party services and supplies, including transport through telecommunications networks whose reliability, quality, continuity and operation are not the responsibility of Novicell Spain. Consequently, the services provided through the portal may be suspended, canceled or become inaccessible, prior to or simultaneously with the provision of the portal service.

Novicell Spain is not responsible for damages of any kind caused to the User caused by failures or disconnections in the telecommunications networks that result in the suspension, cancellation or interruption of the portal service during the provision of the portal or previously.

4.4 Of the contents and services linked through the portal

The portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, 'Linked Sites'). In these cases, Novicell Spain acts as a provider of brokerage services in accordance with art. 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may communicate it to Novicell Spain in accordance with the procedure and effects established in clause 6, without in any case this communication entailing the obligation to remove the corresponding link.

Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with those responsible or owners of the same, nor the recommendation, promotion or identification of Novicell Spain with the statements, content or services provided.

Novicell Spain is not aware of the contents and services of the Linked Sites and is therefore not responsible for damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to Novicell Spain.

5. Protection of personal data

The data collected through the portal's data collection forms will be incorporated into an automated personal data file for which Novicell Spain is responsible. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its clients and promoting the firm's activities. In addition, Novicell Spain will cancel, delete and/or block data when they are inaccurate, incomplete or are no longer necessary or relevant for their purpose, in accordance with the provisions of data protection legislation.

By clicking the 'send' button on the corresponding form, the User expressly consents that their data may be used to send commercial communications by email or by any other means. However, the User may object to the sending of such communications by sending an email to the address hola@novicell.es.

In data collection forms, the fields marked with an asterisk are mandatory, so if the User does not provide the corresponding data, Novicell Spain may at its sole discretion deny the corresponding service.

The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition by contacting the address indicated in clause 1 for this purpose.

Novicell Spain adopts the security levels required by the Security Measures Regulation approved by RD 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data. Notwithstanding the foregoing, technical security in a medium such as the Internet is not impregnable and there may be leaks due to malicious actions of third parties.

Novicell Spain may use cookies while providing the portal service. Cookies are automatic procedures for collecting information related to the preferences determined by a user during their visit to a certain web page. This information is recorded in small files that are stored on the corresponding user's computer equipment imperceptibly. Every time the user re-accesses the website in question, these files are automatically activated so that the website is configured with the preferences indicated on previous visits. In short, cookies are physical files of personal information housed in the user's own terminal and unequivocally associated with this terminal. Cookies cannot read cookie files created by other providers.

The User has the possibility to configure their browser program in such a way as to prevent the creation of cookie files or to be aware of the moment in which this happens. The Portal is accessible without the need for options related to cookie files to be activated, although they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files on the Portal is to facilitate user navigation.

6. Communication of illegal and inappropriate activities

If the User or any other Internet user is aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, denigrating, violent or contrary to morality, they may contact Novicell Spain stating the following points:

Personal data of the caller: name, address, telephone number and email address.

Description of the facts that reveal the illegal or inappropriate nature of the Linked Site.

In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when he is a person other than the communicating person. You must also provide the title that certifies the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when he is a person other than the communicating person.

Express statement that the information contained in the complaint is accurate.

The receipt by Novicell Spain of the communication provided for in this clause will not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or content indicated by the caller.

You must also provide the title that certifies the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when he is a person other than the communicating person; Express declaration that the information contained in the complaint is accurate.

The receipt by Novicell Spain of the communication provided for in this clause will not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or content indicated by the caller.

7. Lawmaking

This Legal Notice is governed in each and every one of its aspects by Spanish law.

8. RGPD

We are aware of the importance of guaranteeing the right to data protection of users and in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of these data (RGPD or GDPR), as well as in compliance with applicable national regulations on data protection, we inform you about the following points related to the processing of data of personal character at Novicell.