IDENTIFICATION DETAILS OF THE WEBSITE MANAGER

MERQUINSA MERCADOS QUÍMICOS, S.L. ("MERQUINSA")
c/ Gran Vial, 17, Montmeló (Barcelona)
e-mail: info@merquinsa.com
Telephone: +34.93.572.11.00, Fax +34.93.572.09.34
Tax Identification Number B-08530305
Registered in the Barcelona Mercantile Register in sheet B-30777 dated 6/4/1992, book 22036, entry no. 12.

CONDITIONS OF ACCESS AND USE

These conditions govern access to and use of the www.merquinsa.com website (the "Portal"), which MERQUINSA has made available to all Internet users to provide them with information on MERQUINSA, its activities, products and services, and on the industry in which MERQUINSA operates and other related industries. This Portal is for information purposes and is targeted exclusively at traders and professionals and not in any case at consumers ("consumidores") within the meaning of the Spanish General Law on the Defense of Consumers and Users (Law 26/1984).

By accessing the Portal you accept these conditions. Please read them carefully before using the Portal. If you do not accept the conditions, please refrain from using the Portal and its contents.

In some sections of the Portal, the user can make specific queries regarding our products and, in order to do so, must first register by providing certain personal information and accepting our policy on privacy and commercial communications.

a. Disclaimer

MERQUINSA shall make every effort to keep the Portal in good working order, prevent errors or remedy them, if they arise, and keep the contents of the Portal timely. However, MERQUINSA does not warrant the availability of or continued access to the Portal, that there are no errors in its contents or that its contents are timely.

MERQUINSA reserves the right to change, delete or update the information posted on the Portal, as well as its layout or presentation, at any time, without giving prior notice.

Users access the Portal and use any information it contains, particularly that relating to the quality and correct use of MERQUINSA products, solely at their own risk. MERQUINSA shall not be liable for any loss or damage which may arise directly or indirectly from access to or use of the information the Portal contains, especially information created by third parties other than MERQUINSA. MERQUINSA expressly states that any information on the specifications and conditions for use of its products posted on the Portal shall not replace MERQUINSA's general and/or special contract terms or all the information provided with the products that a user must read before purchasing a product and to ensure correct use. Users are therefore reminded that it is necessary to read carefully all the documents accompanying the products or services they acquire.

MERQUINSA also represents that the free information provided to users in reply to their technical queries through the Portal is provided merely as guidance and MERQUINSA shall not be held liable for any damage or loss that may arise directly or indirectly from any use that the user makes of such information. In particular, MERQUINSA expressly states that such information is not a technical opinion based upon all the relevant data required. Consequently, in case you may require a binding technical opinion you should contact our Commercial Department by e-mail at info@merquinsa.com.

Nor shall MERQUINSA be held liable for any damage or loss caused to the user's software or hardware through access to the Portal.

b. Policy on hyperlinks

MERQUINSA assumes no liability for connection to or the contents of third party sites accessible through the hyperlinks on the Portal. The existence of hyperlinks does not imply that MERQUINSA endorses, promotes, guarantees or recommends the websites linked to its Portal. Furthermore, any third parties who wish to include a hyperlink directing users to the Portal in their website, must obtain prior express consent from MERQUINSA.

c. Personal Data Protection Clause

c.1 Right to information in data registration

According to the Organic Law on Personal Data Protection (also known as “LOPD”) 15/1999, of 13 December, MERQUINSA notifies the User that the personal particulars provided by him/her either via the forms on the Portal or through emails, will form part of an automatic file owned by MERQUINSA (address: Gran Vial, no. 17 – 08160 Montmelo, Barcelona). MERQUINSA being responsible for this File, will use this data with the sole purpose of providing the User with the information requested through the Portal, and managing and maintaining the administrative and commercial relationship with the Users and/or people requesting the information, should it be the case.

This file is duly registered at the Spanish Agency of Data Protection.

c.2 User’s consent

By forwarding personal particulars to MERQUINSA via electronic forms or emails, the User expressly consents to the automatic treatment of such particulars comprised in the means of communication indicated, as well as to the forwarding of electronical notices with information related to the services, tariffs and promotions of MERQUINSA’s products and services.

Moreover, the User expressly authorizes the access to his/her personal particulars by third parties that perform data management addressed on Spanish or overseas territory with the sole purpose detailed above; even in countries that do not offer a level of protection similar to that established in Spanish Law on data protection. In the latter case MERQUINSA commits to maintaining the confidentiality of such personal particulars, and to offer a secure treatment in the international data movements that may arise.

The User’s acceptance to the treatment of his/her personal particulars, as well as to the receipt of commercial notices (eflyers) or the international transfer thereof as stipulated in this paragraph, can always be revoked without retroactive effects, in accordance with the laws in force.

c.3 Access, rectification, cancellation and opposition rights

The User guarantees that the personal particulars provided to MERQUINSA are true, exact, complete and updated.

The User may exercise his/her rights of access, rectification, cancellation and opposition subject to the terms and conditions set forth in the LOPD by sending a written notice to MERQUINSA to the following address: Gran Vial, no. 17 – 08160 Montmelo, Barcelona, or to our email address: LOPD@merquinsa.com, jointly with a photocopy of the “National Identity document”.

c.4 Security and Confidentiality.

At MERQUINSA we take special care in looking after the relationship with the Users and we value the confidence instilled in us. This is why our maximum commitment is to guarantee the confidentiality of your personal particulars and thus, the data you may provide us with, will be exclusively used to offer the information requested.

Our purpose is to only dispose of the personal particulars which each User wishes to provide us with, and only with data which is strictly necessary to be able to offer the requested services, being each User aware at all times of the reason for obtaining such data.

MERQUINSA declares to dispose of the necessary basic security measures adequate to render services as stipulated in Royal Decree 994/1999, 11 June, on “Security Measures for computerised files that may contain personal particulars”, having established all the technical and organisational measures within its reach to avoid the loss, incorrect use, alteration or unauthorised access and theft of the personal particulars the User may have provided on the Portal. All the aforementioned without prejudice of informing the User that internet security measures are not impregnable.

MERQUINSA commits to comply with its secrecy and confidentiality duties regarding the personal particulars contained in the computerised file in accordance with the applicable legislation, and also confer a secure treatment of international assigning and movements of the data, which in the event may arise.

d. Intellectual Property

All copyrights, contents, design, databases and codes contained in the Portal are owned by MERQUINSA, which has exclusive operating rights to the same, unless a different owner is specified in a certain case. Unauthorized reproduction, distribution, sale or transformation of this work, unless for private and personal use, is an infringement of the intellectual property rights of MERQUINSA or the owner.

All trade names, brands and distinctive signs of any kind are protected by intellectual property and other rights.
Unauthorized use of the contents of this Portal and any damage to MERQUINSA's intellectual property rights may result in MERQUINSA taking any action to which it may be entitled by law and in any liabilities which may arise from the same.

d. Applicable legislation and jurisdiction

Access to and use of the Portal shall be governed and interpreted in accordance with Spanish law.

Any dispute that may arise between MERQUINSA and the users of the Portal shall be settled by the Courts and Tribunals of the city of Granollers (Barcelona, Spain) and the parties expressly waive any other jurisdictions to which they may be entitled.