Legal Note

ACCESS AND USE POLICIES OF THE PORTAL

This legal notice and information regulates the use of the Internet website service www.puertoalicante.com (hereinafter, the “Portal”) that the PORT AUTHORITY OF ALICANTE (hereinafter APA) makes available to Internet users .

A) IDENTIFICATION DATA OF THE PORTAL OWNER

The owner of the Portal www.puertoalicante.com is the Alicante Port Authority, with address at Muelle de Poniente, 11, 03001 ALICANTE, with CIF Q-0367005-F.

The APA is the public body responsible for the management of the Port of Alicante, dependent on the Ministry of Public Works and owned by the state.
It is governed by the revised text of the Law on State Ports and the Merchant Marine, approved by Royal Legislative Decree 2/1011, of September 5.

Contact information:

AUTORIDAD PORTUARIA DE ALICANTE
Muelle de Poniente , 11,  03001 ALICANTE
Tel : 965 130 095
Fax: 965 130 034
presidencia.apa@puertoalicante.com This e-mail address is protected against spam bots. You need JavaScript enabled to view it

B) OBJECT OF THE PORTAL

The Alicante Port Portal is an APA initiative that constitutes a promotional tool for the Port that has information on its commercial, industrial, social and cultural activities via INTERNET.

It is aimed at both society in general and companies in the logistics chain, including information, commercial and operational services associated with the transport of goods and other useful functionalities accessible in a very simple way.

Through access to the Portal, users can enjoy the use of various content and services that will be offered by the APA or, where appropriate, by third parties under the conditions determined for them.

The terms and conditions indicated below regulate the access and use of the Portal www.puertoalicante.com.
Within the expression “Portal”, the texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, etc. are understood -with a delimiting but not limiting character. included in it, and, in general, all creations expressed by any means or medium, tangible or intangible, currently known or invented in the future, regardless of whether or not they are susceptible to intellectual property according to the Consolidated Text of the Intellectual Property Law or regulation that will succeed it in the future.

User status is acquired by accessing the Portal. The user will use the services and content exclusively for private and private purposes, excluding any form of subsequent use of the same for profit or reporting of any benefit, direct or indirect, except in strictly permitted cases.

Access to the Portal implies that the user acquires a series of rights and obligations, in order to guarantee the adequate enjoyment of the services and contents that are found in it and that the APA makes available to the user free of charge, except that the Particular Conditions that regulate a certain service or content accessible through the Portal provide that the user must pay an economic amount for the use and enjoyment of it.

The user is aware that the access and use of the services and contents of the Portal is carried out under their sole and exclusive responsibility.

These general conditions of use are expressly and fully accepted by the user by the mere fact of accessing the Portal and / or viewing the contents or use of the services contained in the Portal. If these general conditions were replaced by others in whole or in part, said new general conditions will be understood to be accepted in an identical manner to the one set forth. However, the user of the Portal must access these general conditions periodically to know the successive versions that are included here, although it is recommended that the user access them each time they intend to access or make use of the services and contents of the Portal.

If the user does not accept these general conditions or, where appropriate, the Particular Conditions that regulate the use of a certain service and / or content, the user must refrain from accessing the Portal or, where appropriate, said service and / or content.

In general, the services and content offered through the Portal will be available in Valencian Spanish and English, without prejudice to the possibility – subject to the APA – of allowing access in any other language.

The APA may unilaterally and without prior notice, modify the provision, configuration, content and services of the Portal, as well as the conditions of use thereof and access to the services provided, without prejudice to the provisions of the Particular Conditions that regulate, where appropriate, the use of a specific service and / or content.

The cost of the telephone access or other type of expense for the connection to the access to the Portal will be borne exclusively by the user.
For a correct visualization of the Portal, the user must meet the minimum technical conditions, detailed on the page: Optimal Resolution.

The user must establish the appropriate technical security measures to avoid unwanted actions in their information system, files and computer equipment used to access the Internet and, especially, the Portal, being aware that the Internet is not totally secure.

The data and other materials that appear on this website have been entered following strict quality control procedures. The information that appears on this website is current on the date of its last update, although the APA does not undertake to update it immediately nor is it responsible for the content of this website. In particular, the data contained herein should not be considered official, only those published in the Official Gazettes are considered official data.

The APA makes every effort to avoid any error in the content that may appear on this website. In any case, the APA does not guarantee, nor is it responsible for the consequences that may arise from errors in the content that may appear on this website, especially those provided by third parties.

D) CONDITIONS OF USE OF THE DIRECTORIES OF COMPANIES OPERATING IN THE PORT OF ALICANTE

The exclusive owner of the directories is the APA and is protected by the exploitation and sui generis rights of the Consolidated Text of the Intellectual Property Law and for the purposes of the aforementioned rule, the APA is the exclusive owner of the rights of reproduction, distribution , public communication and transformation as well as the rights of extraction, permanent or temporary transfer of the whole or a substantial part of the Directory, of the reuse of the same and any form of making available to the public of all or a part substantial content of its content by distributing copies in the form of sale or other transfer of ownership or by rental, transmission online or in other ways. The performance of any acts indicated in this paragraph will require the express written authorization of the APA.

Likewise, the user of the Portal is prohibited from carrying out acts contrary to current Legislation such as the extraction and / or reuse of all or a substantial part of the content of the Directories as well as the repeated or systematic extraction and / or reuse of non-substantial parts of their content when they involve acts contrary to their normal exploitation or that cause unjustified damage to the legitimate interests of the APA.

The APA warns 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, extracting and / or reusing non-substantial parts of their content. The use of the data for the performance of advertising activities whatever the support is prohibited, the user also being solely responsible for the performance of any other acts contrary to the current Legislation on data protection (LOPD) and services of the information society (LSSICE).

E) CONDITIONS OF USE OF THE SERVICE OF SITUATION OF VESSELS IN THE PORT

The exclusive owner of the database regarding the situation of ships in port is the APA and is protected by the exploitation and sui generis rights granted by the Consolidated Text of the Intellectual Property Law and for the purposes of the aforementioned regulation, the APA is the exclusive owner of the rights of reproduction, distribution, public communication and transformation as well as the rights of extraction, permanent or temporary transfer of all or a substantial part of it, its reuse and all forms of putting available to the public of all or a substantial part of its content through the distribution of copies in the form of sale or other transfer of ownership or by rental, transmission online or in other ways. The performance of any acts indicated in this paragraph will require the express written authorization of the APA.

Likewise, the user of the Portal is prohibited from carrying out acts contrary to current Legislation such as the extraction and / or reuse of all or a substantial part of the content of the database as well as the repeated extraction and / or reuse or systematics of non-substantial parts of its content when they suppose acts contrary to a normal exploitation of the same or that cause an unjustified damage to the legitimate interests of the APA.

The APA advises 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, extracting and / or reusing non-substantial parts of its content. The use of the data for the performance of advertising activities whatever the support is prohibited, the user also being solely responsible for the performance of any other acts contrary to current Legislation on information society services (LSSICE ).

Regarding the contents published by the APA in the database, the user of the same is warned that the APA does not guarantee the veracity and / or accuracy of the data, being in any case responsible for it the consignee, person or entity that in each case has provided it, the APA being exonerated of the consequences and / or responsibilities derived from the use of the information taking into account such circumstances.

F) RIGHTS AND OBLIGATIONS OF THE USER

The user can:

• Access for free and without the need for prior authorization to the contents and services of the Portal available as such, without prejudice to the technical or particular conditions or the need for prior registration regarding specific services and contents, as determined in these general conditions or in the Particular Conditions of said services.
• Use the services and contents available for their exclusively private use, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and / or content. The user may download a single copy of the website for viewing “off-line” for personal and non-commercial purposes.
• Make a correct and lawful use of the site, in accordance with current legislation, morals, good customs and public order.

Prohibitions

In no case may the user:

• Access or use the services and contents of the site for illegal purposes, harmful to the rights and freedoms of third parties, or that may harm, damage or prevent, in any way, access to them, to the detriment of the APA or third parties.
• Use the services, in whole or in part, to promote, sell, contract, disseminate advertising or personal information or that of third parties without prior authorization from the APA.
• Enter information in the Portal or use the existing services in the same with the purpose of attacking –directly or indirectly- against the rights –and very especially the fundamental rights and public liberties- of other users of the Portal or of the APA; that incite or promote criminal, xenophobic, terrorist or degrading acts based on age, sex, religion or beliefs; or of a pornographic, obscene, violent nature or that violate the law, morals or good customs. For these purposes, information will be understood, with a delimiting but not limiting character: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, etc.
• Include hyperlinks in their private or commercial web pages to this Portal in breach of the conditions provided for it.
• Use the services and content offered through the Portal in a manner contrary to the general conditions of use and / or the particular conditions that regulate the use of a certain service and / or content, and to the detriment or impairment of the rights of the rest of users.
• Carry out any action that prevents or hinders access to the site by users, as well as hyperlinks to the services and content offered by the APA or by third parties through the Portal.
• Use the Portal as a means of accessing the Internet for the commission of illegal actions or contrary to current legislation, morals, good customs and public order.
• Use any type of computer virus, code, software, computer program, computer or telecommunications equipment, which may cause damage or unauthorized alterations to the content, programs or systems accessible through the services and content provided on the Portal or on the information systems, files and computer equipment of the users thereof; or unauthorized access to any content and / or services on the Portal.
• Eliminate or modify in any way the protection or identification devices of the APA or its legitimate owners that may contain the content hosted on the Portal, or the symbols that the APA or the legitimate third party owners of the rights incorporate into their creations object of intellectual or industrial property existing in this Portal.
• Include “metatags” corresponding to trademarks, trade names or distinctive signs owned by the APA on websites of your responsibility or property.
• Reproducing the Portal in whole or in part on another site or web page and without complying with the conditions provided for it.
• Make framed the Portal or the web pages accessible through it that hide or modify – with a delimitative but not limiting nature – content, advertising spaces and brands of the APA or third parties, regardless of whether or not they involve acts of unfair competition or confusion.
• Create frames within a website of your responsibility or property that reproduce the main page and / or the pages accessible through it, corresponding to the Portal without the prior authorization of the APA.
• Include in a website of your responsibility or property a hyperlink that generates a window or session of the navigation software used by a visitor, user or client of your website, in which brands, commercial names or distinctive signs of your property are included. and through which the main web page of the Portal or any of the pages accessible through it is displayed.
• Use the brand, trade names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the express prior written authorization of its owner.
• Carry out any action that involves the reproduction, distribution, copy, 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 Portal or the economic exploitation of them, without the prior written authorization of the APA or the third party owner of the intellectual and industrial property rights that fall on the services or contents of the Portal and except as provided in these general conditions or, where appropriate, specific conditions that regulate the use of a service and / or existing content on the Portal.

G) APA RIGHTS

The APA reserves the following rights:

• Modify the conditions of access to the Portal, technical or not, unilaterally and without prior notice to users, without prejudice to the provisions of the particular conditions that regulate the use of a specific service and / or content of the Portal.
• Establish particular conditions and, where appropriate, the requirement of a price or other requirements for access to certain services and / or content.
• Limit, exclude or condition the access of users when all the guarantees of correct use of the Portal are not given by them in accordance with the obligations and prohibitions assumed by them.
• End the provision of a service or supply of content, without the right to compensation, when it is illegal or contrary to the conditions established for them, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and / or content of the Portal.
• Modify unilaterally and without prior notice, whenever it deems appropriate, the structure and design of the Portal, as well as update, modify or delete all or part of the contents or services and conditions of access and / or use of the Portal, and may even limit or not allow access to said information.
• Deny at any time and without prior notice access to the Portal to those users who breach these general conditions.
• Undertake any legal or judicial action that is convenient for the protection of the rights of APA, as well as of third parties that provide their services or content through the Portal, whenever appropriate.
• Demand compensation that may arise from the improper or illegal use of all or part of the services and content provided through the Portal.

H) EXEMPTION AND LIMITATION OF LIABILITY OF THE APA

The APA is exempt from any type of liability for damages of any kind in the following cases:

– Due to the impossibility or difficulties of connection to the communications network through which this Portal is accessible, regardless of the type of connection used by the user.

– Due to the interruption, suspension or cancellation of access to the Portal, as well as due to the availability and continuity of the operation of the Portal or the services and / or contents therein, when this is due to a cause beyond the control of the APA, whether it comes directly or indirectly from it.

– The APA does not assume any responsibility regarding the services and contents, nor for the availability and conditions, technical or not, of access to them, that are offered by third party service providers, especially regarding the service providers of the society of Information. Information society service providers are understood to be natural or legal persons that provide the following services to the public:

Transmission over a communication network of data provided by the recipient of the service.

Access services to the aforementioned network.

Data storage or hosting services.

Provision of content or information.

Temporary copy service of the data requested by users.

Facilitation of links to content or search tools.

– The APA, at no time, assumes responsibility for the damages that may be caused by the information, content, products and services -with a delimitative but not limiting nature- provided, communicated, hosted, transmitted, exhibited or offered by third parties outside the APA -including information society service providers- through a Portal that can be accessed through an existing link on this Portal.

– The treatment and subsequent use of personal data carried out by third parties outside the APA, as well as the relevance of the information requested by them.

– The quality and speed of access to the Portal and the technical conditions that the user must meet in order to be able to access the Portal and its services and / or contents.

– The APA will not be responsible for delays or failures that occur in the access and / or operation of the services and / or contents of the Portal, due to a case of Force Majeure. “Force majeure” will mean all those causes that could not have been foreseen, or that were still foreseen were unavoidable, and that result in the breach of any of its obligations. Among them, but not limited to, strikes, both by their own workers and by other workers, insurrections or revolts, as well as regulations dictated by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, lockouts or any other force majeure situation.

– The user of the Portal will be personally liable for damages of any kind caused to the APA directly or indirectly, due to the breach of any of the obligations derived from these general conditions or other rules governing the use of the Portal.

I) INTELLECTUAL AND INDUSTRIAL PROPERTY

The user knows that the contents and services offered through the Portal -including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all the comments, exhibitions and html code thereof, without this enumeration having limiting nature – they are protected by intellectual property laws. The copyright and economic exploitation rights of this Portal correspond to the APA. Regarding the content included in the Portal, the copyright and economic exploitation rights are the property of the APA or, where appropriate, of third parties or entities, and in both cases they are protected by current intellectual property laws.

If the culpable or negligent act or omission directly or indirectly attributable to the user of the Portal that originates the infringement of the intellectual and industrial property rights of the APA or third parties – whether or not there is benefit for it – would cause the APA damages, losses , joint obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, be it civil, criminal or administrative, the APA will have the right to address the user for all legal means at its disposal and claim any compensation amounts, including – but not limited to – moral and image damages, consequential damages and lost profits, advertising costs or of any other nature that could result for its repair, amounts of sanctions or convictions, the default interest, the cost of financing both amounts that p It could result for the opposing party, the legal costs and the amount of the defense in any process in which it could be sued for the causes previously exposed, for the damages caused by reason of its action or omission, without prejudice to exercising any other actions that correspond to it in Law.

J) HYPERLINKS

People or entities that intend to make or make a hyperlink from a web page of another Internet portal to any of the pages of the APA Portal must be subject to the following conditions:

The total or partial reproduction of any of the services or contents of the Portal is not allowed.

No deep-links, IMG or image links, or frames with the Portal pages will be established without the express prior authorization of the APA.

No false, inaccurate or incorrect statement will be included on the pages of the Portal or on the services or contents thereof.

Except for those signs that are part of the “hyperlink”, the web page on which it is established will not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to the APA, unless expressly authorized by the APA. .

The establishment of the “hyperlink” will not imply the existence of any type of relationship between the APA and the owner of the website or portal from which it is made.

The APA will not be responsible for the content or services made available to the public on the website or portal from which the “hyperlink” is made, nor for the information and statements included therein.

Any “hyperlink” to the Portal will be made to its main page.

K) LINKS

The APA rejects any responsibility for the information contained in third-party web pages connected by links to the Portal, or that are not managed directly by our administrator.

The function of the links that appear on this Portal is for informational purposes only and in no case do they imply a suggestion, invitation or recommendation for the visit of the destination places.

J) PERSONAL DATA PROTECTION

To use some of the services, users must first provide the APA with certain personal data. The APA will automatically process such data for the purposes, as well as under the conditions defined, in its Privacy Policy.

L) DURATION AND TERMINATION

The provision of the Portal service and other services has, in principle, an indefinite duration. The APA, however, is authorized to terminate or suspend the provision of the Portal service and / or any of the services at any time, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. When reasonably possible, the APA will give prior notice of the termination or suspension of the provision of the Portal service and other services.

M) ENTIRE AGREEMENT

These general conditions contain all the conditions agreed by the parties in relation to their purpose and any declarations, commitments or promises, verbal, written or implicit, prior to these conditions in relation to their purpose shall be considered non-existent.

The fact that any of the parties does not demand at any given time the respect of any of the conditions established in these general conditions or, where appropriate, particular conditions that regulate the use of a certain service and / or content intended for users of the Portal, cannot be interpreted by the other as a waiver to subsequently demand its fulfillment.

N) NULLITY AND CANCELLATION

In the event that any clause of these general conditions or, where appropriate, particular conditions that regulate the use of a certain service and / or content is voidable or void, in whole or in part, this nullity or voidability will not affect the validity of other clauses thereof, which will remain fully effective and valid, unless the party claiming their nullity or voidability proves that without the clause that is void or voidable, the purposes pursued by these Conditions cannot be met.

O) APPLICABLE LAW AND JURISDICTION

The parties, expressly waiving their own jurisdiction, accept the Spanish law as the governing law of this contract, and submit to the Courts and Tribunals of Alicante for the resolution of any disputes that may arise from it.

APA PRIVACY POLICY

The PORT AUTHORITY OF ALICANTE, wishes to inform the users of the website of its policy regarding the treatment and protection of the personal data of the users that it collects from them on the occasion of the visualization of the Portal or the use of the services offered therein.

By personal data it will be understood any numerical, alphabetical, graphic, photographic, acoustic information or of any other type concerning identified or identifiable natural persons.

The collection of personal data, the treatment and its subsequent use are subject to the legislation in force in Spain on data protection, established by Organic Law 15/1999, of December 13, on the Protection of Personal Data (in hereinafter LOPD) and its complementary regulations. The APA will only be responsible and will guarantee the confidentiality and security regarding the personal data that it collects from the user through the Portal, not having any type of responsibility regarding the treatment and subsequent use of the personal data that may be carried out by third parties. service providers of the information society that act outside the Portal.

When is personal data collected from users on the Portal?

The collection of personal data may be carried out mainly through the completion by the user of forms -present or future-, contained in the Portal of the APA; the sending by the user of e-mails to the APA through the electronic addresses that appear in the Portal, as well as by means of the completion by the user of the registration forms -present or future-, which allow access to the download of files and applications offered by the APA on the Portal and in which the APA is identified as responsible for the data collected through them.

In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you that the personal data provided will be incorporated and processed in a file owned by the APA, in order to maintenance of relations with the Alicante Port Authority.

We inform you that the rights of access, rectification, cancellation and opposition may be exercised by written request, addressed to the General Secretariat of the APA, at the address Muelle de Poniente, 11-03001-Alicante, attaching a copy of the document that proves your identity.

By processing personal data it will be understood those operations and technical procedures of an automated nature or not, that allow the collection, recording, conservation, elaboration, modification, blocking and cancellation, as well as the transfers of data that result from communications, consultations, interconnections and transfers.

Purpose of the collection and processing of personal data

Regarding the personal data collected by e-mail and / or filling in the forms that appear on the Portal, the purposes of treatment will be those corresponding to the request made by the user, which may consist of the following: manage the information requested, send the requested information by email, maintain a register of registered users, allow access to the downloads of files and applications requested as well as respond to comments, suggestions or queries that are formulated by the user.

The communication of data to the APA must be truthful and current.

If the user is a minor or incapable, the APA warns of the need to have the consent of their parents, guardians or legal representatives for the communication of their personal data, for which the APA asks that they refrain from using the email service and / or filling in of forms if it does not have the consent of parents, guardians or legal representatives, not being otherwise the APA responsible for the actions of the minor or incapacitated person.

Rights that assist the user as the owner of their personal data

The user may at any time know what data has been collected and processed by the APA about his person; rectify the information that is inaccurate; cancel said data or oppose its treatment, this last right limited to cases in which your consent is not necessary for the treatment of your data, provided that a law does not provide otherwise, and when there are well-founded and legitimate reasons related to a specific personal situation, or when the processing of your personal data is carried out for advertising and commercial prospecting purposes.

The exercise of these rights by the user must be carried out by directing a written communication, together with a photocopy of the National Identity Document or other means valid in law that proves the identity of the user, to the following address: Alicante Port Authority, Muelle de Poniente, 11, & nbsp; 03001 Alicante, or the one that replaces it in the General Data Protection Registry. Said communication will contain the following information:

Name and surname of the user

Request in which the request is specified.

Address for the purposes of notifications, date and signature of the user.

Documents proving the request that you formulate, if applicable.

The APA informs users that the exercise of these rights is very personal, so that only the user himself may exercise said rights with respect to the personal data of which he is the legitimate owner. However, and in cases where it is exceptionally admitted, the authorized representative of the user may exercise the rights that assist him in the terms set forth, provided that he accompanies the aforementioned communication with the document certifying such representation.

The APA informs that the exercise of the aforementioned rights by a third party not legally authorized by the user, could entail the commission of the crime of discovery and disclosure of secrets provided for by the second section of article 197 of the Penal Code, punishable by prison sentences of one to four years and a fine of twelve to twenty-four months; Without prejudice to other consequences that should be faced as a result of any civil or administrative actions to which both the legitimate user who owns the personal data and the APA have the right.

Recommendations to users

The APA recommends that users use the latest versions of computer programs given the incorporation in these of greater security measures.

Likewise, the APA recommends that users use the security mechanisms available to them (secure Web servers, cryptography, digital signature, firewall, etc.) to protect the confidentiality and integrity of their data to the extent necessary. , given that there are risks of impersonation or violation of communication.

The APA reminds users that the Internet is not always as secure as we would like, so they must adopt the necessary and appropriate technical measures in order to avoid unauthorized processing of their data.

The APA warns users that whenever they provide personal information over the Internet through email, newsgroups, discussion forums, etc., keep in mind that such information may be collected and processed for purposes not desired by users, by what the APA recommends that users inquire about the confidentiality and privacy policies of the online sites they visit.

The APA advises users to keep in mind that, unless they use encryption mechanisms, email on the Internet is not secure. Email messages and discussion boards can be subject to spoofing and impersonation, which should be taken into account whenever they are used. If you do not want to publish your email address, configure your browser so that it does not leave your email address on the web servers that you access.