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LEGAL CONDITIONS. DOMAIN ACCESS, USAGE POLICIES AND OPENED INFORMATION
- 1.1 Legal Notification (LSSI) / Website Access and Use
- 1.3.Cookies Policy
1.1. LEGAL NOTICE
In compliance with Article 10 of Law 34/2002, of 11 July, on the " Information Society and Electronic Commerce Services (LSSI)", we hereby inform you of the following: THE PORT AUTHORITY OF TARRAGONA, [hereinafter the TPA], is the owner of the website porttarragona.cat, which acts as the sole manager of the contents of this website, which is registered at: Passeig de l'Escullera, S/N - 43004 TARRAGONA, Tax Identification Number (NIF) Q4367131B, and which is in charge of the administration and the operation of the aforementioned website. The TPA is the public body responsible for the management of the Port of Tarragona, under the Ministry of Public Works and is a state-owned organisation.
Users of the Port of Tarragona website will be able to enjoy the use of various contents and services that will be offered by the TPA or, where applicable, by third parties in those conditions that are determined on the website.
The condition of being a user is acquired through access to the website. Users will make use of its services and contents solely for private purposes, excluding any other subsequent use of any type for profit or the receipt of any direct or indirect benefits, except in those conditions that are strictly permitted.
Users are those persons who make use of the website and this condition involves the total and unreserved acceptance of each and every one of the provisions included in this Legal Notice, in the version published by TPA, at the moment when the user accesses the website. As a result, the user must read this Legal Notice carefully every time they decide to use the website, as the latter may be subject to modifications.
GENERAL CONDITIONS OF WEBSITE USE
The terms and conditions detailed below regulate the access and use of the website www.porttarragona.cat.
The definition website includes but is not limited to texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, etc. that are included in it and, in general, all those creations expressed on any media or format, be it tangible or intangible, either currently known or one that may be invented in the future, regardless of whether they are susceptible or not to copyright, in accordance with the Amended Text on the Law of Intellectual Property or any regulations that may replace it in the future.
Access to the website results in the user acquiring a series of rights and obligations, in order to guarantee the proper enjoyment of the services and contents found therein, and which the TPA makes available, free of charge to the user, and in no way imply that the specific conditions that regulate a certain service or accessible content through the website stipulate that the user must pay a fee for their use and enjoyment.
The user is aware that the access and use of the services and contents of this website is undertaken under their sole and exclusive responsibility.
These general conditions of use are expressly and totally accepted by the user on accessing the website and/or viewing the content or use of the services contained in the website. If these general conditions are replaced by others, either in whole or in part, these new general conditions will be understood to have been accepted in a manner identical to those detailed herein. Nonetheless the user of this website must access these general conditions periodically in order to keep informed of those subsequent versions that may be included here, however we do recommended that users access the website each time they intend to access or use the services and contents of the website.
If the user does not accept these general conditions or, where applicable, the specific conditions that regulate the use of a certain service and/or content, the user must abstain from accessing the website or, if applicable, to the specific service and/or content.
In general, the services and content offered through the website will be available in Catalan, Spanish and English, notwithstanding the possibility of access in any other language, subject to the TPA
The TPA may without prior notice unilaterally modify the provision, configuration, content and services of the website, in addition to the conditions of its use and the access to those services provided, notwithstanding the provisions of the specific conditions that they regulate, where applicable, the use of a certain service and/or content.
The cost of telephone access or any other type of connection cost for website access will be exclusively charged to the user.
In order to view the website correctly, the user must meet the minimum technical conditions, as detailed on the page Optimum Resolution.
The user must establish those technical security measures appropriate in order to avoid unwanted actions in their information system, files and the computer equipment they use to access the Internet and especially the website, and are aware that the Internet is not totally secure.
CONDITIONS OF USE DIRECTORIES OF COMPANIES THAT OPERATE IN THE PORT OF TARRAGONA
The exclusive owner of the directories is the TPA, which is protected by operating rights and sui generis rights of the Amended Text of the Law on Intellectual Property and for the purposes of this regulation, the TPA is the sole owner with respect to the rights of reproduction, distribution, public communication and transformation, in addition to the rights of extraction, permanent or temporary transfer of the totality or of a substantial part of the directory, its reuse and all those means by which it is made available to the public of the entirety or of a substantial part of its content by means of the distribution of copies in the form of sale or any other transfer of its property or by rent, online transmission online or in any other manners. The undertaking of any of those actions detailed in this paragraph will require the express written authorization of the TPA.
The user of the website is prohibited from performing actions contrary to current legislation, such as the extraction and/or reuse of all, or a substantial part of the content of the directories, in addition to the extraction and/or repeated or systematic reuse of non-substantial parts of its content when these processes involve actions contrary to normal use or that may cause unjustified damage to the legitimate interests of the TPA.
The TPA hereby notifies the user that the directories may only be used for private purposes and as a tool for consultation and contact with companies in the sector through the extraction and/or reuse of non-substantial parts of their content. The use of this data for advertising activities is prohibited, regardless of the format implemented, the user being the only person responsible for the undertaking of any other acts contrary to the legislation in force regarding data protection, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the European Council of 27 April 2016 (GDPR) and services of the information society (LSSICE).
CONDITIONS OF USE IN THE SERVICE FOR VESSEL LOCATION AT THE PORT
The exclusive owner of the database regarding the status of ships in port is the TPA, which is protected by operating and sui generis rights as accorded by the Amended Text of the Law on Intellectual Property, and for the purposes of this regulation, the TPA is the sole owner with respect to the rights of reproduction, distribution, public communication and transformation, in addition to the rights of extraction, permanent or temporary transfer of the totality or of a substantial part of the directory, its reuse and all those means by which it is made available to the public of the entirety or of a substantial part of its content by means of the distribution of copies in the form of sale or any other transfer of its property or by rent, online transmission online or in any other manner. The undertaking of any of those actions detailed in this paragraph will require the express written authorization of the TPA.
The user of the website is prohibited from performing actions contrary to current legislation, such as the extraction and/or reuse of all, or a substantial part of the content of the database, in addition to the extraction and/or repeated or systematic reuse of non-substantial parts of its content when these processes involve actions contrary to normal use or that may cause unjustified damage to the legitimate interests of the TPA.
The TPA hereby notifies the user that this database may only be used for private purposes and as a tool for consultation and contact with companies in the sector through the extraction and/or reuse of non-substantial parts of their content. The use of this data for advertising activities is prohibited, regardless of the format implemented, the user being the only person responsible for the undertaking of any other acts contrary to the legislation in force regarding the services of the information society (LSSI).
With respect to the contents published by the TPA in the database, the user is hereby notified that the TPA does not guarantee the veracity and/or accuracy of the data, and in all events, the consignee, person or entity is responsible in each case for the data that has been supplied, the TPA being exonerated from those consequences and/or liabilities deriving from the use of the information, taking such circumstances into account.
USER RIGHTS AND OBLIGATIONS
Access the contents and services of the portal available as such, free of charge and without prior authorization, notwithstanding the technical or specific conditions, or the need for prior registration with respect to services and specific contents, as determined in these general conditions or in the specific conditions of such services. Use the services and the contents available for his/her exclusive use, notwithstanding the provisions of the specific conditions that may regulate the use of a certain service and/or content. The user may download a single copy of the website for off-line viewing for personal and non-commercial purposes. Undertake the correct and lawful use of the site, in accordance with current legislation, morality, good customs and public order.
On no account may the user:
Access or use the services and contents of the site for illicit purposes, harmful to the rights and freedoms of third parties, or which may harm, damage or prevent in any way, their access, to the detriment of the TPA or of third parties.
Use the services, either totally or partially, to promote, sell, hire, promote advertising or information of their own or that of third parties without prior authorization from the TPA.
Enter information in the website or use existing services in it in order to attack - directly or indirectly - the rights - and especially the fundamental rights and public freedoms - of other users of the website or the TPA; or enter information that incites or promotes criminal, xenophobic, terrorist or degrading acts due to age, sex, religion or belief; or of a pornographic, obscene, or violent nature or that violate the law, morality or good customs. For these purposes, information will be understood to mean, that of a character including, but not limited to: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, etc.
Include hyperlinks to this website in his/her personal or commercial web pages, thus failing to comply with the conditions established.
Use the services and contents provided through the portal in a manner contrary to the general conditions of use and/or the specific conditions that regulate the use of a certain service and/or content, and to the detriment or loss of the rights of other users.
Undertake any action that prevents or hinders access to the site by users, in addition to hyperlinks to the services and content offered by the TPA or third parties, through the website.
Use the website as a means with which to access the Internet for the undertaking of actions that are unlawful or in violation of current legislation, morality, good customs and public order.
Use any type of computer virus, code, software, computer program, computer or telecommunications equipment, which may cause unauthorized damages or alterations to the contents, programs or systems accessible through the services and content provided in the website or in the information systems, files and computer equipment of website users; or unauthorized access to any website content and/or services.
Include on sites held under their responsibility or ownership "metatags" that correspond to trademarks, trade names or distinctive signs owned by the TPA.
Totally or partially reproduce the website in another place or web page and without fulfilling the conditions established for this purpose.
Reproduir totalment o parcialment el portal en un altre lloc o pàgina web i sense complir les condicions previstes per a això.
Create frames in the website or the web pages accessible through the latter that hide or modify - including, but not limited to - content, advertising spaces and trademarks belonging to the TPA or third parties, regardless of whether or not they are actions of unfair competition or of confusion.
Create frames within a website under their own responsibility or ownership that reproduce the home page and/or the pages accessible through it, which corresponding to the website without the prior authorization of the TPA.
Include a hyperlink in a website of their responsibility or under their ownership that creates a window or a session of the browsing software used by a visitor, user or client of their website, which may include brands, trade names or distinctive signs owned by them and through which the main web page of the website or any of the pages accessible through the latter are displayed.
Use the trademark, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior written authorization of their owners.
Carry out any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the modification or alteration, of all or part of the contents and services of the website or the economic use of the latter, without the prior and written authorization of the TPA or the third party owner of intellectual and industrial property rights the services or contents of the websites are subject to and keep safe that stipulated in these general conditions or, where applicable, specific conditions that regulate the use of a service and/or the existing content in the website.
THE RE-USE OF INFORMATION FROM THE PUBLIC SECTOR
The restrictions on the use and processing of the information available on the website of the Tarragona Port Authority, which have been established in the conditions of use of the latter, and that are defined as the rights and obligations of the user, must be understood, irrespective of that established in Law 37/2007 of 16 November, on the reuse of public sector information, and specifically, on how much information and documentation is gathered in the open data catalogue, the purpose of which is to stimulate accessibility to and reuse of the information created by the Port Authority of Tarragona, in order to achieve a more transparent, efficient and amenable administrative body and to create new, social and economic opportunities, from the reuse of information through clear and flexible conditions of use. At the same time, it is aware of the importance and value of the open data culture.
INFORMATION ON LINKS
The TPA is not responsible for those websites that are not under its ownership, or third-party websites, which may be accessed through links or any content made available by third parties. Any use of a link or access to a non-proprietary web site is undertaken solely at the risk and by the choice of the user. The TPA does not recommend or guarantee any information obtained through a link that does not pertain to the porttarragona.cat website, nor is it is liable for any loss, appeals proceedings or damages that may arise from the use or misuse of a link, or of the information obtained through it, including other links or websites, the interruption of services or access, or the attempt to use or misuse a link, both when connecting to the porttarragona.cat website and when accessing the information of other websites from the same website.
DISCLAIMER AND LIMITATION OF LIABILITY
The information and services included or available through the web pages may include typographical errors. Changes are made to the information contained on a periodical basis. The TPA may at any time introduce improvements and/or changes in the services or contents.
You are also notified that the contents of this website are intended to inform and maintain contact with you, send you information about our services, as established in this legal notice and the rest of the legal texts on this website.
INFORMATION ON THE EXEMPTION OF ALL RESPONSIBILITY DERIVING FROM TECHNICAL ERRORS AND CONTENT
The TPA declines any responsibility in the event of interruptions or malfunctions with respect to the services or contents offered on the Internet, whatever the cause. Neither is the TPA liable for network crashes, business losses as a result of such events, the temporary suspension of the electrical power supply or of any other type.
The TPA does not declare or guarantee that the services or contents are not interrupted or that they are free of errors, that the defects have been corrected, or that the service or the server that provides them is free of viruses or other harmful components, notwithstanding that the TPA does its utmost to avoid incidents of this type. If the user makes certain decisions or performs actions based on the information included in any of the websites, we recommend checking the information received from other sources.
INFORMATION ON INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
1.The structure, design and form of presentation of the elements (graphics, images, logos files, colour combinations and any elements susceptible of protection) are protected by intellectual property rights, which are owned by the TPA.
2.The reproduction, transformation, distribution, public communication, public broadcasting/publication and, in general, any other form of use, be this partial or total, of the elements referred to in the previous section are prohibited. Such actions of usage may only be carried out with the express authorization of the TPA and, in all event, they must explicitly refer to the ownership of the aforementioned intellectual property rights of the TPA.
3. Only the documentary material that has been created by the TPA is authorized for private use. In no event may you eliminate, modify, by-pass or manipulate any protection devices or security systems that may be installed.
4.Excepting express authorization from the TPA, the link to "final pages", the "frame" and any other similar manipulation procedures are not allowed. The links should always be on the main page or "home page" of porttarragona.cat.
5.The distinctive signs (trademarks and commercial names) of the TPA are protected by industrial property rights, the use or manipulation of any of these is prohibited, except with express written authorization of the TPA.
DURATION AND TERMINATION
The provision of the website service and of the other services is in theory, of an indefinite duration. The TPA, however, is authorized to terminate or suspend the provision of the website service and/or any of the services at any time, notwithstanding that established with respect to the latter in the corresponding specific conditions. When reasonably possible, the TPA will provide prior notification on the termination or suspension of the provision of the website service and other services.
In accordance with EU Regulation 2016/679 of 27 April 2016, you are hereby informed that the personal data provided in the forms, as well as your email address are confidential and are part of the procedures that are property of the Tarragona Port Authority [hereinafter the TPA], with its registered address at Passeig de l'Escullera, s / n - 43004 TARRAGONA, taxation ID number (NIF) Q4367131B.
1- Ownership of Processing
2- Collection and Processing
The processing of the [WEBSITE USERS / NEWSLETTER] has the following characteristics:
The purpose of the gathering and inclusion of the data in the abovementioned processing comprises:
a. With respect to the processing WEBSITE USERS / NEWSLETTER], to offer information requested by the interested parties in the form or questionnaire on the websiteporttarragona.cat.
b. To answer the any questions.
c. To send interested parties information about the services of the website owned by the TPA.
2.2 Head of Processing
In the event that third parties access this processing and with whom there is an obligation to sign the prescribed contract (Article 28 of the GDPR). This contract will be signed on the terms established in this article, which will contractually regulate the use and the confidentiality of personal data, in accordance with the provisions of current legislation.
2.3. Legal Basis - Consent
3. Safety Measures
The TPA has adopted the legally required security levels for personal data protection and has installed all those means and technical measures available into it in order to prevent the loss, improper use, alteration, unauthorised access and theft of this data.
4. Rights of Access, Rectification, Cancellation, Opposition, Portability and Limitation
Those data holders interested in the data processed in [WEBSITE USERS / NEWSLETTER], as well as the holders of data used in any of the processes owned by the TPA, may communicate with the organisation, as the entity responsible for processing in order to exercise their rights of access, rectification, cancellation, opposition, portability and, if applicable, limitation (ARCOPL Rights) regarding the data included in the processing.
These rights are "highly personal" in nature, and may only be exercised by the interested party, or their legal representative, after proving their identity or where appropriate, having proven their possession of adequate representative powers.
A.- The right of access, to exercise on an annual basis, except where proven legitimate interest exists. By exercising the right of access, the interested party may opt for the following consultancy systems in the file:
- a letter by postal mail sent to: Autoritat Portuària de Tarragona, Passeig de l’Escullera, S/N - 43004 TARRAGONA.
B.-The right to rectification and cancellation may be exercised, in accordance with the following provisions, provided that the interested party considers that the data gathered in our processes is inaccurate, incomplete, inadequate or excessive. In this event you may exercise these rights using any of the aforementioned means. The TPA will proceed to rectify or cancel the data within a period of 10 days after the receipt of the request.
C.- The right to portability may be exercised, in accordance with the following provisions, provided that the interested party considers that the data gathered in the processes must be returned to the owner of the data, or to another third party (Head of Processing).
D.- The right to limitation may be exercised, previous to the exercise of the right to opposition to data processing, and until the rights to opposition are resolved, the processing of this data will be limited.
5. Changes in Regulations
The TPA reserves the right to modify this policy in order to adapt it to legislative or jurisprudential changes and those that may derive from "existing codes" in the field. Such changes will be reported in advance, as is deemed necessary on our website, notwithstanding the provision of the necessary consent of those parties affected when such consent is not considered to have been granted in accordance with the terms of this policy.
6. Applicable Legislation and Jurisdiction
The parties, expressly waiving their own jurisdiction, accept as the governing legislation of this contract to be that of Spain, and submit themselves with respect to the resolution of any disputes that may arise from this agreement to the courts and tribunals of Tarragona
1.3. Cookies Policy
What are Cookies?
Cookies are files that are installed on the website of the user's browser or devices (smartphones, tablets) during their browsing of the website pages and are used to store information about their visit.
Cookies are used to:
Ensure that the web pages function correctly.
Store preferences, such as language or font size.
Understand user browsing experience
Type, purpose and function
Cookies, in accordance with their duration, may be classified as being either session or permanent cookies. The former expire when the user closes the browser. The latter expire when the purpose for which they are designed has been fulfilled or when they are manually eliminated.
Furthermore, depending on their purpose, Cookies may be classified as follows:
Strictly necessary (technical): these are cookies that are essential for correct page operation. They are usually created when the user accesses the website or logs in and are used for identification purposes on the website with the following objectives:
- To maintain user identification such that if they leave the website, the browser or device will identify them the next time they return to access the same website.
- To check if the user is authorised to access certain services or areas on the website.
Advertising These gather information about the ads shown to website users. There are two types: - Anonymous: These only gather information on advertising spaces shown on the website, regardless of the user accessing the website, i.e. without being specifically identified. - Personalised: These gather personal information from the website user by a third party in order to personalise these advertising spaces.
• AnalyticalThese gather information on the user’s browser experience on the website, normally in an anonymous manner, although they may sometimes uniquely and unequivocally identify users in order to obtain information on user interests with respect to the services offered by the website.
A table is shown below with those cookies used on this website, including a “Level of Intrusiveness” criteria on a scale from 1 to 3 in which:
Level 3: Cookies administered by third parties that monitor the user using other websites that do not belong to this website. They are normally advertising or analytical cookies that clearly and uniquely identify the user.