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LAW ON INFORMATION SOCIETY SERVICES (LSSI)

Birkle Recycling Solutions SL., the party responsible for this website, hereinafter the CONTROLLER, makes this document available to users in order to comply with the obligations set out in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), and to inform all users of the website of its terms of use.

Toda persona que acceda a este sitio web asume el papel de usuario, comprometiéndose a la observancia y cumplimiento riguroso de las disposiciones aquí dispuestas, así como a cualquier otra disposición legal que fuera de aplicación. 

Birkle Recycling Solutions SL. reserves the right to modify any kind of information that may appear on the website, with no obligation to give prior notice or inform users of such obligations, publication on the website of Birkle Recycling Solutions SL being deemed sufficient

1. IDENTIFICATION DETAILS

Company name: Birkle Recycling Solutions SL

Trade name: Birkle Recycling Solutions SL

Tax ID (CIF): B55735724

Registered address: C/ Carbó 7, Nave 543006, Pol. Ind. Riu Clar (Tarragona)

e-mail: info@birklerecycling.com

2. PURPOSE

Through the Website, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING

Where access to certain content or services requires the provision of personal data, Users shall guarantee its truthfulness, accuracy, authenticity and validity. The company will subject such data to the appropriate automated processing according to its nature or purpose, under the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs capable of industrial and/or commercial use are subject to Intellectual Property rights, and that all trademarks, trade names or distinctive signs, and all industrial and intellectual property rights over the content and/or any other elements inserted on the page, are the exclusive property of the company and/or of third parties, who hold the exclusive right to use them in the course of trade. Accordingly, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transfer, licence or assignment, in whole or in part, of said rights, unless expressly stated otherwise. These General Terms of Use of the Website do not confer on Users any other right of use, HR, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the company or the third party holding the rights concerned.

The content, texts, photographs, designs, logos, images, computer programs, source code and, and, in general, any intellectual creation existing on this Site, as well as the Site itself as a whole, as a multimedia artistic work, are protected by copyright under intellectual property legislation. The company owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any event, holds the corresponding authorisation for the use of such elements. The content provided on the Website may not be reproduced, in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless the prior written authorisation of the aforementioned Entity has been obtained.

It is likewise prohibited to remove, circumvent and/or manipulate the copyright notice as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set out above and to refrain from any action that could harm them, the company reserving in any event the right to exercise all legal means or actions available to it in defence of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User undertakes to:

  1. Hacer un uso adecuado y lícito del Espacio Web así como de los contenidos y servicios, de  conformidad con: (i) la legislación aplicable en cada momento; (ii) las Condiciones Generales de Uso del Espacio Web; (iii) la moral y buenas costumbres generalmente aceptadas y (iv) el orden público.
  2. Obtain all the technical means and requirements needed to access the Website.
  3. Provide truthful information when completing the forms contained on the Website with their personal data and keep it updated at all times so that it reflects, at any given moment, the User's actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or to third parties by the information provided.

Notwithstanding the provisions of the previous section, the User shall likewise refrain from:

  1. Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited by these General Terms of Use, harmful to the rights and interests of third parties, or which may in any way damage, disable, overload, impair or prevent the normal use of the services or the documents, files and any kind of content stored on any computer equipment.
  2. Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
  3. Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. Introducing or spreading computer viruses on the network or any other physical or logical systems capable of causing damage to the physical or logical systems of the company, its suppliers or third parties.
  5. Attempting to access, use and/or manipulate the data of the company, third-party suppliers and other Users.
  6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the corresponding rights or where legally permitted.
  7. Removing, hiding or manipulating the notices on intellectual or industrial property rights and other information identifying the rights of the company or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
  8. Obtaining or attempting to obtain the content using means or procedures other than those which, as the case may be, have been made available for that purpose or expressly indicated on the web pages where the content is located or, in general, those commonly used on the Internet because they do not entail a risk of damaging or disabling the Website and/or the content.
  9. In particular, and by way of indication only and not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: • In any way is contrary to, disparages or infringes fundamental rights and public freedoms recognised by the Constitution, in International Treaties and in other applicable legislation.• Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.• Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition.• Incorporates, makes available or provides access to criminal, violent, offensive, harmful or degrading products, elements, messages and/or services or, in general, ones contrary to the law, morality and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.• Induces or incites involvement in dangerous or risky practices, or ones harmful to health and mental balance.• Is protected by intellectual or industrial property legislation belonging to the company or to third parties without authorisation for the intended use.• Is contrary to honour, personal and family privacy or people's own image.• Constitutes any form of advertising.• Includes any type of virus or program that prevents the normal operation of the Website.

If, in order to access some of the services and/or content of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper safekeeping and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or content by outside persons. Likewise, you undertake to notify the company of any event that may involve improper use of your password, such as, by way of example, its theft, loss or unauthorised access, so that it can be immediately cancelled. Consequently, until such notification is made, the company shall be exempt from any liability that may arise from the improper use of your password, and you shall be responsible for any unlawful use of the content and/or services of the Website by any illegitimate third party. If you negligently or wilfully breach any of the obligations set out in these General Terms of Use, you shall be liable for all damages that may arise for the company from such breach.

6. LIABILITY

No se garantiza el acceso continuado, ni la correcta visualización, descarga o utilidad  de los elementos e informaciones contenidas en la web que puedan verse impedidos, dificultados o interrumpidos por factores o circunstancias que están fuera de su control. No se hace responsable de las decisiones que pudieran adoptarse como consecuencia del acceso a los contenidos o informaciones ofrecidas.

The service may be interrupted, or the relationship with the User immediately terminated, if it is detected that any use of its Website, or of any of the services offered on it, is contrary to these General Terms of Use. We are not liable for damages, losses, claims or expenses arising from the use of the Website.

It shall only be responsible for removing, as soon as possible, any content that may cause such damage, provided that notice is given. In particular, we shall not be liable for damage that may arise, among other things, from:

  1. Interferencias, interrupciones, fallos, omisiones, averías telefónicas, retrasos, bloqueos o desconexiones en el funcionamiento del sistema electrónico, motivadas por deficiencias, sobrecargas y errores en las líneas y redes de telecomunicaciones, o por cualquier otra causa ajena al control de la empresa. 
  2. Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  3. Improper or inappropriate misuse of the Website.
  4. Security or browsing errors caused by a malfunction of the browser or by the use of outdated versions of it. The website administrator reserves the right to remove, in whole or in part, any content or information present on the Website.

The company excludes any liability for damages of any kind that may be due to the misuse of the freely available services used by the Users of the Website. It is likewise exempt from any liability for the content and information that may be received as a result of the data collection forms, which exist solely for the provision of enquiry and query services. Furthermore, in the event of damage caused by unlawful or improper use of said services, the User may be held liable for the damage caused.

You shall hold the company harmless from any damages arising from claims, actions or lawsuits by third parties as a result of your access to or use of the Website. Likewise, you undertake to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data, or from any other action on your part that imposes an unreasonable load on the operation of the Website.

7. HYPERLINKS

The User undertakes not to reproduce in any way, not even by means of a hyperlink, the Website or any of its content, except with the express written authorisation of the data controller.

The Website may include links to other websites managed by third parties in order to facilitate the User's access to information from partner and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as guarantor or provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorised, nor include trademarks, names, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Website other than the home page; (iv) must link to the Website's own address, without allowing the linking website to reproduce the Website as part of its own site or within one of its “frames”, or to create a “browser” over any of the Website's pages. The company may request, at any time, that any link to the Website be removed, after which the link must be removed immediately.

The company cannot control the information, content, products or services provided by other websites that have established links to the Website.

8. DATA PROTECTION

In order to use some of the Services, the User must first provide certain personal data. The company will process this data by automated means and apply the corresponding security measures, all in compliance with the GDPR, the LOPDGDD and the LSSI. The User can access the policy followed in the processing of personal data, as well as the previously established purposes, under the conditions defined in the Privacy Policy.

9. COOKIES

The company reserves the right to use “cookie” technology on the Website in order to recognise you as a frequent User and personalise your use of the Website by preselecting your language or your most desired or specific content.

Cookies collect the user's IP address, with Google being the controller responsible for processing this information.

Cookies are files sent to a browser, by means of a web server, to record the User's browsing on the Website, when the User allows their receipt. If you wish, you can configure your browser to be notified on screen when cookies are received and to prevent the installation of cookies on your hard drive. Please consult your browser's instructions and manuals for further information.

Thanks to cookies, it is possible to recognise the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, to the demographic profiles of Users, as well as to measure visits and traffic parameters, and monitor progress and the number of entries.

10. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the Website are merely informative in nature. Consequently, in offering them, no warranty or representation whatsoever is given in relation to the content and services offered on the Website, including, by way of example, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company shall not be liable in any event where it is impossible to provide the service, if this is due to prolonged interruptions of the electricity supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or acts of God.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered office of the party responsible for the website.

In the event that any provision of these General Terms of Use proves unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the company shall amend or replace said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original provision.

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