Legal Notice

OVERVIEW

This "Legal Notice" regulates use of the website https://www.medicamentos-innovadores.org/guia-unidades-fases-tempranas (hereafter, “Online Portal”) is property of the National Trade Association of the Spanish-Based Pharmaceutical Industry (hereafter “Farmaindustria”), association created under Royal Decree 19/1977, of 1 April, on the regulation of the right of trade union association, with tax identification number G-28663011 and registered address at Calle María de Molina, 54, 7ª, 28006, Madrid, Spain. The legal statutes of Farmaindustria are registered with the Ministry of Employment and Social Security’s Registry of the Directorate-General for Employment and Social Affairs, with registration number 582.

Farmaindustria welcomes you and advises you to closely read the Legal Notice of this Online Portal, which describes the terms and conditions applicable to its navigation, in accordance with the provisions established by applicable Spanish regulation. Given that Farmaindustria may modify this Legal Notice in the future, we recommend that you periodically revise it in order to be duly informed of any changes made.

In order that use of this website operates in accordance with criteria for transparency, clarity and user friendliness, you (hereafter, “User”) may inform us of any suggestion, question or concern regarding the Legal Notice, which will be received and resolved by contacting Farmaindustria at derechosdatos@farmaindustria.es

Farmaindustria’s Online Portal aims to facilitate information relevant to aspects related to Farmaindustria to the public, in particular the Spanish Technological Platform for Innovative Medicines and the Guide to Early Phase Research Units. Farmaindustria, as the National Trade Association of the Spanish-Based Pharmaceutical Industry, just as EFPIA (European Federation of Pharmaceutical Industries and Associations) at community level, actively participates in the implementation of this initiative.

The User agrees to make use of the services and utility offered through this Online Portal, in accordance with the law and the content of this Legal Notice, as well as according to ethical values, generally accepted good practices and public order.

OPERATION

Farmaindustria provides the content and services available through the Online Portal, in compliance with the Legal Notice, as well as the Privacy Policy.

Access to this Online Portal or its use in any form attributes the status of User, and implies the full acceptance of this Legal Notice, available through the Online Portal, with Farmaindustria reserving the right to modify it at any time. Accordingly, it is the responsibility of all Users to carefully read the current Legal Notice each time they access the Online Portal and, in the event the User does not agree with any of the matters therein, should refrain from use of this Online Portal.

ACCESS AND SECURITY

The User is aware of and voluntarily and expressly accepts that use of this Online Portal must in all cases take place under their sole and exclusive responsibility.

Farmaindustria implements reasonable security measures which are adequate for the detection of viruses. However, the User should be aware that these online security measures for computer systems are not entirely reliable, and Farmaindustria therefore cannot guarantee the absence of viruses or other elements that may damage the User’s computer system (software and hardware) or electronic documents and files contained therein.

ONLINE PORTAL CONTENTS

Farmaindustria offers Users the possibility to:

1. Register themselves in the Guide to Early Phase Research Units by sending the corresponding form and publishing the information facilitated on the Online Portal upon giving consent.

2. Make known the information relative to the Early Phase Research Units that have taken part in this project, as well as the contact information for those responsible for said units and access to their particular websites.

3. Access publications, documentation and hypertext links of interest.

4. Make enquiries by email or telephone

5. Understand and accept legal conditions through the Privacy Policy and the Legal Notice

USE OF CONTENT

All information provided by the User must be true. For these purposes, the User must guarantee the authenticity of all information communicated through completion of the necessary forms. Likewise, it is the User’s responsibility to update all information provided to Farmaindustria so that it corresponds, at all times, to their current situation. In any event, the User will be solely responsible for any false or inaccurate statements made and for any damage that this causes Farmaindustria or third parties due to the information provided.

The User commits to using the contents made available in the Online Portal, including but not limited to, any texts, photographs, graphics, images, icons, technology, software, hypertext links, sound or image files, as well as graphic design or source code (hereafter, “Contents”), in accordance with the law, this Legal Notice, and any other notices, regulations for use, and instructions to the User’s knowledge, as well as ethical values, generally accepted good practices, and public order.

The User shall refrain from obtaining, or attempting to obtain, the Contents by using any means or procedures other than those which, depending on the case, have been made available for this purpose or have been indicated for this purpose on the website pages where this Content can be found or those used on the Internet for this purpose in general, as long as they do not pose a risk of damaging or rendering the Online Portal and/or its Contents inoperative.

WARRANTY AND LIABILITY DISCLAIMER

Farmaindustria shall ensure, except in the event of force majeure, the proper functioning of the Online Portal, thereby preventing technical inconveniences and any other intervention that may limit and/or partially interrupt the Users ability to use the Online Portal.

Farmaindustria does not guarantee continuous access or the correct viewing, download or utility of the elements and information contained on the web pages linked to this Online Portal, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. Farmaindustria does not accept responsibility for the decisions that might be taken as a consequence of access to Content or information offered through the aforementioned linked web pages.

Farmaindustria may interrupt services or immediately terminate the relationship with the User if it detects that the Online Portal or any of the services included therein is used in breach of the terms of this Legal Notice. Farmaindustria does not accept responsibility for damages, harm, losses, claims or expenses resulting from use of the Online Portal. It shall only be responsible for removing, as soon as possible, any Content that could result in such damages provided that it is duly notified. In particular, it will accept no responsibility for damages that may, among other causes, be caused by:

1. Interferences, interruptions, malfunctions, omissions, phone breakdowns, delays, blockages or disconnections in the operation of the electronic system resulting from defects, overloading or errors in the telecommunications lines or networks, or any other reason outside the control of Farmaindustria

2. Illegitimate interruptions through the use of malignant programs of any kind and through any communications medium, such as computer viruses or others

3. Inappropriate or improper use of the Online Portal

4. Security or navigation errors caused by browser malfunctions or the use of out-of-date browser versions

5. Farmaindustria accepts no responsibility for damages or losses of any nature that may arise from the improper utilisation of services freely available for use by Users of the Online Portal. Likewise, Farmaindustria is exempted from any liability for Content and information that could be received as a result of illegal or incorrect use of said services.

Likewise, it should be highlighted that the material made disseminated through our Online Portal:

- Does not necessarily offer exhaustive, complete, exact, or updated information

- Does not offer professional counsel

Lastly, it should be borne in mind that it cannot be guaranteed that a document made available online precisely reproduces an officially adopted text. Therefore, only legal texts published in paper versions of the legislative Official Gazette shall be deemed authentic.

The Online Portal may make technical devices linking to external pages available to the User (such as links, banners, buttons, among others), directories and search tools allowing the User to access websites belonging to and/or operated by third parties (hereafter, “Linked Sites”). The installation of such links, directories, and search tools on the Online Portal has the sole purpose of facilitating searches, access to information, and Content available online to the User.

Farmaindustria shall not be reliable for Content and third-party opinions expressed on its Online Portal, nor for the information contained on third-party webpages which can be accessed by hypertext links or search engines on its Online Portal, given that the purpose of these is to inform the User of the existence of other sources of information related to the subject available online which provide additional information to that provided on this webpage, and under no circumstances implies a suggestion, invitation, or recommendation thereon. Therefore, Farmaindustria accepts no responsibility for the results obtained through the aforementioned hypertext links.

Farmaindustria is under no obligation to monitor, and does not monitor, use of the Online Portal and its Contents by the User. In particular, it does not guarantee that the Users make use of the Online Portal or its Contents in accordance with this Legal Notice, nor that they do so in a diligent and prudent fashion. Farmaindustria is also under no obligation to verify the Users’ identity, nor the veracity, validity, exhaustiveness and/or authenticity of the information provided about themselves to other Users.

Farmaindustria accepts no responsibility for damages and losses of any nature that could result from the use of Content by Users or that could result from the lack of veracity, validity, exhaustiveness and/or authenticity of the personal information Users provide to other Users, particularly, but not exclusively, for damages and losses of any kind that may be due to identity theft of a third party by a User in any form of communication made through the Online Portal.

INTELLECTUAL AND INDUSTRIAL PROPERTY

Reproduction of information and texts appearing on this Online Portal is authorised as long as the source is indicated. However, the User acknowledges and accepts that all Content contained on the Online Portal is protected by intellectual property rights (in particular, designs, texts, images, logos, icons, buttons, software, commercial names, trademarks, or any other signs protected by intellectual or industrial copyright.

Likewise, the User acknowledges and accepts that all trademarks, commercial names, or distinctive signs, as well as all industrial and intellectual copyrights pertaining to the Content and/or any other element imbedded in the page, are the exclusive property of Farmaindustria.

Under no circumstances should access to the Online Portal involve any type of waiver, conveyance, license or total or partial cession to aforementioned rights, unless otherwise expressly established. This Legal Notice does not confer any other right of use, modification, exploitation, reproduction, distribution or public disclosure of the Online Portal and its Contents other than those expressly stated herein. Any other use or exploitation of any right shall be subject to the prior and express authorisation specifically granted for such a purpose by Farmaindustria, or by the third party copyright owner concerned.

The Content, texts, photographs, designs, logos, images, computer programmes, source code, and, in general, any intellectual creations present on this Online Portal, as well as the website itself in its entirety, as an artistic multimedia creation, are copyright protected under Intellectual Property Legislation. Farmaindustria owns the elements making up the graphic design of the Online Portal, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other Content contained on the Online Portal or, as the case may be, has the corresponding license for use of the aforementioned elements.

It is likewise forbidden to remove, evade, and/or manipulate the copyright as well as any other technical protection devices or information mechanisms that may be contained in the Content. Users of this Online Portal commit to respecting the aforementioned rights and to refrain from any action that may jeopardise them. Farmaindustria reserves the exclusive right to exercise any and all legal actions it may be entitled to in order to defend its legitimate intellectual and industrial rights.

INDEMNIFICATION OF FARMAINDUSTRIA

The User shall hold harmless, indemnify, and defend Farmaindustria from and against any loss or damage resulting from any third party claim, action or demand resulting from use of the Online Portal. The User is likewise obligated to indemnify Farmaindustria for any damages or losses arising from the use of software robots, spiders, crawlers or similar data gathering and extraction tools, or any other action taken by the User that imposes an unreasonable burden on the operation of the Online Portal.

Access to services or Content made available through the Online Portal will be carried out under the full responsibility of the User. Parents, guardians or legal representatives shall be held responsible in the case of minors or persons of unsound mind, and must accompany, supervise, and take the necessary precautions while those in their charge navigate the webpages.

Should the User negligently or wilfully fail to fulfil any of the obligations set forth in this Legal Notice, they shall be held liable for all damages and losses that this breach may cause to Farmaindustria.

MODIFICATION OF LEGAL NOTICE

We reserve the right to modify, at any time and in our sole discretion, the terms laid out in this Legal Notice. When this occurs, a notification will be included on the Online Portal indicating and informing the User that modifications have been made and Users shall be properly informed.

NULLITY AND VOIDABILITY OF CLAUSES

Should any of the clauses included in this Legal Notice be declared totally or partially null or ineffective, said nullity and ineffectiveness shall only affect the provision or the part of the provision that has become null or ineffective, with the remainder of this Legal Notice otherwise remaining in full force, and the provision declared totally or partially null shall be deemed not included.

APPLICABLE LAW AND JURISDICTION

The relationship established between Farmaindustria and the User will be governed as provided in this clause. Parties shall be submitted to the Courts and Tribunals of the City of Madrid, expressly waiving their right to any other jurisdiction.

Our organisation is a member of Confianza Online (non-profit association), registered with the National Register of Associations Group 1, Section 1, national number 594400, tax identification number G85804011, Calle Castelló 24, Esc 1 2º izq., 28001 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es). These General Terms are governed by Spanish law. Likewise, in accordance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and in the terms of the Code of Ethics, Users may turn to Confianza Online for the alternative resolution of possible controversies. (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). Should these be related to electronic transactions with consumers, or data protection when related to this area, complaints shall be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of disputes with regard to consumption. Should disputes relate to digital publication or protection of data in this area, they shall be submitted to the Board of Oversight. In addition, we remind Users that they may access the European Union’s online platform for dispute resolution by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

For any suggestion or question regarding this Legal Notice, please contact us at derechosdatos@farmaindustria.es