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Legal information and data protecction policy.

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Legal information and data protecction policy

1.- The Web, its services and conditions

These general conditions (hereinafter the general conditions) govern the use of the web page service www.globalvia.com, www.globalvia.net and ww.globalvia.es (hereinafter the “domain names”, the "web page", the "web site" or the "web") that Globalvia Infraestructuras, S.A., domiciled at Paseo de la Castellana, nº 141, 5º, post code 28046, Madrid, with tax identification (C.I.F.) number A-84973056 and with email contact globalvia@globalvia.com, incorporated for an indefinite time period in the deed authorized by the Public Notary of Madrid, Mr Juan Bolás Alfonso, on 29 January 2007, with the number 55 in his protocol records, and inscribed in the Companies Register of Madrid, volume 23783, folio 24, sheet M-426821, first inscription, makes available to the users.
The domain names by which you have accessed the web page are the property of Globalvia Infraestructuras, S. A..
The information contained in the web page is valid on the date of its last up-date and must be considered as general information and, in its nature, is for orientation.

By using the web page you are considered as a user of the web page (hereinafter the "User") and this implies your full acceptance in the very same moment you (the user) access the web page, without reservations, of all and each one of the dispositions included in these general conditions in the version published by Globalvia, S.A. As a consequence the User must carefully read these general conditions, as they may be modified, on each of the occasions they intend to use the web page.

2.- Objective

Through its web page, Globalvia Infraestructuras S.A. facilitates its users access to and use of diverse information (hereinafter the "Contents") made available by Globalvia Infraestructuras, S.A. to the users.

3.- Conditions for access and use of the web page

3.1.- Access and use of the web page is free.- The web page is free for all the users..
3.2.- Register of the User.- To use the services and access the web page users are not required to subscribe or register. Nevertheless, Globalvia Infraestructuras, S.A. does make it a condition for the use of some of the services that the users first fill in the corresponding register or form recording the user’s data. This register is made in the way expressly indicated with the service itself or in the specific conditions which regulate it, as the case may be.
3.3.- Obligation to use the web page correctly.- The User undertakes, accepting it is their own responsibility, to use the web page and its contents, in accordance with these general conditions, in good faith, in accordance with standard practice and the law. Specifically, he or she undertakes to abstain from: (a) acts prejudicial to third parties’ rights and interests, or acts that in any way could damage, render unusable, overload or deteriorate the web page or prevent its normal use and suitability for other users; (b) reproduce or copy any of the web page contents, unless the authorization of the owner of these corresponding rights has been given; (c) delete, avoid or manipulate the copyright and other identification data of the rights of Globalvia Infraestructuras, S.A. or of the owners of the web page contents. This is also applicable to the technical protection measures or any other information technology mechanism that may be contained in the web page contents.

Except in the cases in which express, prior authorization has been specifically granted for these purposes by Globalvia Infraestructuras, S.A., the User shall abstain from obtaining, or attempting to obtain in any way, any type of contents, be they texts, graphics, drawings, sound, image or photography files, videos, software and in general any type of material accessible through the web page or the services, by using for this objective means distinct to those which have been made available for this purpose, or those which are licitly used in good practice by Internet users.

4.- Nature of the Information contained on the web page

The information contained on the web page is general; it is for orientation and is not binding. It is subject to possible changes. Globalvia Infraestructuras, S.A. reserves the right to unilaterally modify at any time, and without prior notice, the presentation and set up of the web page, as well as the conditions required for the use of the same.

Globalvia Infraestructuras, S.A, does not guarantee that the information contained in the web page is exhaustive and exact. Therefore, Globalvia Infraestructuras, S.A. does not accept any liability derived from the veracity and exactness of the data contained in the web page, within the limits established by the law. For any consultation the users may wish to make in relation to the contents, Globalvia Infraestructuras, S.A. makes available to them the following email address: globalvia@globalvia.com.
4.1- Policy of links with other web pages
Globalvia Infraestructuras, S. A. is able to offer directly and indirectly links to resources and other pages external to this web page. The objective of the presence of these links on the web page is entirely for informational purposes and in no case does it constitute an invitation to contract the products and / or services that are offered or may be offered on the web pages, nor does it imply the existence of a link, mercantile relationship or that the title holder of the web page linked to is dependent on Globalvia Infraestructuras, S. A..

In addition, Globalvia Infraestructuras, S.A. has no liability in relation to the characteristics, conditions of use or the contracting of the products and / or services on the web pages to which these links direct the user, and, in general in relation to any aspect of the related linked pages.

Regardless of what has been previously stated, Globalvia Infraestructuras, S. A. shall proceed as quickly as possible to delete and render useless the corresponding links in the cases when it is aware that the information or activity of these web page links is, or could be, illegitimate or harmful to the assets or rights of a third party.

Any user who is aware that the activities carried out through a link from the Globalvia Infraestructuras, S.A. web pages are illegitimate, should immediately communicate this to Globalvia Infraestructuras, S.A. for the purposes of deleting or rendering the corresponding link unusable.
4.2.- Links from other web pages.
If any User, entity or web page owner wishes to establish any link to the Globalvia Infraestructuras, S.A. web page, they should comply with the following stipulations:

  • (i) They should obtain the prior, express written authorization of Globalvia Infraestructuras, S.A..
  • (ii) The link can only direct the user directly to the principal web page, except that otherwise is expressly authorized.
  • (iii) The link shall be absolute and complete; that is to say, the link must take the user on a click to the main page and must take up the complete screen with the main web page. In no case, except unless Globalvia Infraestructuras, S. A. has authorized otherwise, can the web page which has made the link reproduce in any way the web page of Globalvia Infraestructuras, S.A. or include it as part of its contents.
  • (iv) On the web page from which the link is established under any form it is not permitted to declare that Globalvia Infraestructuras, S. A. has authorized this link, unless this has occurred. If the entity that correctly makes the link from its web page wishes to include on its page the brand, denomination, commercial name, sign, logotype or any other identification sign of Globalvia Infraestructuras, S. A. and / or the web page, it shall have to count on the prior, express written authorization of Globalvia Infraestructuras, S. A..
  • (v) In all cases Globalvia Infraestructuras, S. A. forbids that a link be established to its web page from pages that contain illegal, illicit, degrading, or obscene material, information or contents, or in general those web pages which go against public moral or order, current legislation or the generally accepted standards, or that these pages are prejudicial to the legitimate rights of third parties.

5.- Intellectual and industrial property rights (copyrights)

Globalvia Infraestructuras, S.A. is the owner of the industrial and intellectual rights (copyrights) of the referred to products and services, and specifically of those related to the registered brand "Globalvia Infraestructuras, S.A.". With respect to the mentioned products and services of third parties, Globalvia Infraestructuras, S.A. recognizes in favour of the owners the corresponding industrial property and intellectual rights. The mere mention or appearance on the web does not imply the existence of rights or liabilities for Globalvia Infraestructuras, S.A. in relation to the same, nor does it imply the existence of support, sponsorship or any recommendation from Globalvia Infraestructuras, S.A..

The code font, the design graphics, the images, the photographs, the audio, the cartoons, the software, the texts and the information and contents of this web site are protected by the Spanish law for the protection of intellectual and industrial rights in favour of Globalvia Infraestructuras, S. A. It is not permitted to totally or partially reproduce the web site or to manipulate it by I.T. means, or distribute, disseminate, modify, transform or decompile it, or carry out any other action reserved to its owner, Globalvia Infraestructuras, S. A. without prior written permission from the same.

Exceptionally the User is authorized to partially reproduce the contents of the web page, but only and exclusively if the following conditions are all given:

  • - That the reproduction is compatible with the objectives of the web page.
  • - That the reproduction is made with the sole objective and intention of obtaining the information contained for personal and private use. Any commercial intention or use, distribution, public communication, transformation or decompilation is absolutely excluded from this.
  • - That none of the contents, documents or graphics related to the web page are modified in any way.
  • - That no graphic, icon or image available in the web page is used, copied or distributed separated from the text or other images that accompany it.

Any other use shall be communicated and must be expressly authorized beforehand.

All the rights derived from intellectual property are expressly reserved to Globalvia Infraestructuras, S. A..

The non-authorized use of the information contained in this web, its resale or any prejudice to Globalvia Infraestructuras, S.A.’s industrial property and intellectual rights shall give rise to the legally liabilities established.

6.- Data Protection Policy

Globalvia Infraestructuras, S.A. fully submits itself to what is set out in the Organic Law 15/1999, dated 13 December, for the Protection of Personal Data (hereinafter, "OLDP").

Specifically, in accordance with article 4 of the OLDP, the web page users’ personal data can only be obtained for its treatment when this data is suitable, relevant and not excessive in relation to the scope and the defined objectives, which must be explicit and legitimate, for which it was obtained. This data shall be cancelled when it is no longer necessary or relevant for this said objective, or when the person, the subject of the information, so requests in exercise of their right to cancellation.

In compliance with what is set out in article 5 of the OLDP, Globalvia Infraestructuras, S.A informs that the personal data provided by the users when they fill out the forms and questionnaires appearing on the web pages shall be stored in files for which Globalvia Infraestructuras, S.A. is responsible. This data shall be processed exclusively with the objective of the form in question. The act of filling in these forms implies that the user recognizes that the information and personal data they provide is true and exact. The User shall be able to access their data, rectify it, cancel it, or oppose its processing in the terms and conditions set out in the OLDP, addressing an email to protecciondatos@globalvia.com.

When data is collected and stored through the web page, the user shall be informed clearly and unequivocally of the following matters:

  • - Existence of a file or that personal database is being processed, the objective of the data collection and the destination of the information.
  • - Inscription of the file in the Data Protection Agency Registry.
  • - Whether the responses to the questions which in each case are made are obligatory or optional, as well as the consequences of storing the data, or of the refusal to respond.
  • - Possibility of exercising the right to access, rectify, cancel or oppose.
  • - Identity and address of the entity / person responsible for the data processing.

The user shall be solely responsible for any false, inexact, incomplete or not up-to-date data in the filling in of the forms. Any transfer to third parties of the users’ personal data shall be duly communicated to those affected, specifically specifying the identity of those receiving the transfer and the objective for which they are going to process the data transferred.

The User undertakes not to provide personal data of third parties (other people) by means of the forms existing on this web page.

Personal data should not be communicated to third parties without prior consent, except if so required by the authorized state authorities, and according to the directives established for this purpose by the OLDP.
In relation to personal data the users shall be able to exercise their rights recognized in the OLDP to access, rectify, cancel and oppose this information, as well to revoke their consent to the processing of the data. All of this is free and in accordance with the terms established by current legislation for this purpose. They shall address themselves to the person / entity responsible for the file, at the email address protecciondatos@globalvia.com.

7.- Exclusion of guarantees and responsibility

Globalvia Infraestructuras, S.A. does not accept any liability for the damages and prejudices of any nature that could arise from the transfer, dissemination, storage, making available, receiving, or obtaining of the page contents.

On some occasions this web page uses cookies, small data files that are generated in the user’s computer and which allow the following information to be obtained:

  • - Date and time at which the user visited the Web.
  • - The contents design the user chose on their first visit to the web.
  • - Safety devices that intervene in the control of access to the restricted areas.

The User has the option to prevent the generation of cookies by selecting the corresponding option on his / her navigator, although dis-activating these cookies could impede the web page fully functioning.

8.- Applicable law and jurisdiction

The use of the web page shall be governed by Spanish Law. Any controversy related to the use of the web page shall be submitted to the courts and tribunals of the city of Madrid (capital of Spain), with Globalvia Infraestructuras, S.A. and the User expressly and definitively renouncing any other right to attend a court or jurisdiction that may correspond to them.

9.- Duration, termination and suspension of the web page

In principle the web page is for an indefinite time period. Nevertheless, Globalvia Infraestructuras, S.A. can terminate or suspend the web page at any time.