Legal information and acceptance.
The present provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that Fertility and Maternal Care S.L. makes available to Internet users at the URL https://phifertility.com. Fertility and Maternal Care S.L. is the owner of the website www.phifertility.com.
Fertility and Maternal Care S.L. has its registered office at Avda Maisonnave, 36-2º, 03003 Alicante and CIF number B54835962.
This website is mainly intended for all those who are looking for information about Assisted Reproduction and its treatments. Fertility and Maternal Care S.L. patients as well as health professionals have their own Private Area.
The information contained herein has been prepared and is periodically reviewed by an editorial team composed of our physicians and biologists.
Access to the website is free of charge except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and access to them is restricted.
The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time he/she intends to use the Portal, since the Portal and its conditions of use contained in this Legal Notice may be subject to change.
Some Portal services accessible to Internet users or exclusive to Fertility and Maternal Care S.L. customers may be subject to special conditions, regulations and instructions which, if applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
2. Intellectual and industrial property.
All the contents of the Portal, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the ‘Contents’), are the property of Fertility and Maternal Care S.L. or third parties, and none of the exploitation rights recognized by the current legislation on intellectual property on the same may be understood as assigned to the User, except for those that are strictly necessary for the use of the Portal. Therefore, its reproduction, distribution, public communication and transformation, in whole or in part, without the express authorization of Fertility and Maternal Care S.L. is prohibited.
The trademarks, trade names or distinctive signs are owned by Fertility and Maternal Care S.L. or third parties, without it being understood that access to the Portal attributes any right over said trademarks, trade names and/or distinctive signs.
3. Conditions of use of the portal.
3.1 General.
The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Fertility and Maternal Care S.L. or to third parties for any damages that may be caused as a result of a breach of this obligation.
It is expressly forbidden to use the Portal for purposes harmful to property or interests of Fertility and Maternal Care S.L. or third parties or in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or products and computer applications (software) of Fertility and Maternal Care S.L. or third parties.
3.2 Contents
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
By way of example, the User, in accordance with current legislation, shall refrain from: Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorized by law or expressly consented to by Fertility and Maternal Care S.L. or by whoever holds the ownership of the exploitation rights as the case may be.
Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with the current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that Fertility and Maternal Care S.L. makes available to the Users.
3.3 Data Collection Forms
Notwithstanding the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and that may be applicable at any given time, the use of certain services or requests addressed to Fertility and Maternal Care S.L. are conditioned to the prior completion of the corresponding User registration.
All information provided by the User through the forms of the Portal for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all data provided and shall keep the information provided to Fertility and Maternal Care S.L. perfectly updated so that it corresponds, at all times, to the real situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damages caused to Fertility and Maternal Care S.L. or third parties for the information provided.
3.4 Introduction of links to the Portal
Internet users who wish to insert links from their own web pages to the Portal must comply with the conditions detailed below, without the ignorance of these conditions avoiding the responsibilities derived from the Law:
The link will only link to the home page or main page of the Portal but may not reproduce it in any way (inline links, copy of texts, graphics, etc.), requiring prior request and authorization.
It shall be prohibited in any case, in accordance with the applicable legislation in force at any time, to establish frames of any kind that surround the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when they are displayed in conjunction with content outside the Portal so that: (I) produces, or may produce, error, confusion or deception in the users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the brand reputation and prestige of Fertility and Maternal Care S.L. ; or (IV) otherwise prohibited by applicable law.
The page that introduces the link shall not make any false, inaccurate or incorrect statement about Fertility and Maternal Care S.L., its partners, employees, clients or about the quality of the services it provides. S.L., its partners, employees, clients or about the quality of the services it provides.
In no case shall it be expressed on the page where the link is located that Fertility and Maternal Care S.L. has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender, unless it has previously obtained it expressly and in writing.
The use of any word, graphic or mixed trademark or any other distinctive sign of Fertility and Maternal Care S.L. within the page of the sender is prohibited except in cases permitted by law or expressly authorized by Fertility and Maternal Care S.L. and provided that, in these cases, a direct link to the Portal is allowed in the manner established in this clause.
The page that establishes the link must comply faithfully with the law and may not in any case provide or link to its own or third party content that: (I) are unlawful, harmful or contrary to morality and decency (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false conception that Fertility and Maternal Care S.L. subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of Fertility and Maternal Care S.L. in view of the place, content and subject matter of the sender’s website.
4. Exclusion of liability
4.1 Information
Access to the Portal does not imply any obligation on the part of Fertility and Maternal Care S.L. to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the Portal. The contents of this page are of a general nature and do not constitute, in any way, the provision of a professional advisory service of any kind, so that such information is insufficient for making personal or business decisions by the User.
Fertility and Maternal Care S.L. is not responsible for the decisions taken based on the information provided in the Portal nor for the damages caused to the User or third parties as a result of actions based solely on the information obtained in the Portal.
In particular, we are not responsible for the use that minors may make of it in the event that the contents accessed may offend the sensibilities of minors.
4.2 Quality of service
Access to the Portal does not imply any obligation on the part of Fertility and Maternal Care S.L. to control the absence of viruses, worms or any other harmful computer element. It is the User’s responsibility, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programs.
Fertility and Maternal Care S.L. is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Fertility and Maternal Care S.L.. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
Fertility and Maternal Care S.L. is not responsible for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.
4.4 Content and services linked through the Portal
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Fertility and Maternal Care S.L. acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of July 12, 2002, on Information Society Services and Electronic Commerce (LSSI) and shall only be responsible for the contents and services provided in the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify Fertility and Maternal Care S.L. in accordance with the procedure and the effects established in clause 6, without in any case this communication entails the obligation to remove the corresponding link.
In no case shall the existence of Linked Sites presuppose the existence of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of Fertility and Maternal Care S.L. with the statements, content or services provided.
Fertility and Maternal Care S.L. does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the unlawfulness, quality, inaccuracy, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to Fertility and Maternal Care S.L..
5. Protection of personal data
The data collected through the data collection forms of the Portal will be incorporated into an automated file of personal data for which Fertility and Maternal Care S.L. is responsible. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its customers and promoting the activities of the company. Thus, it undertakes to comply with its obligation of secrecy of personal data and its duty to keep them and take all necessary measures to prevent alteration, loss, treatment or unauthorized use. Therefore, all information about our customers will not be used for commercial purposes or given to third parties, and unless expressly requested, no communication of your data will be made to any external entity.
Likewise, Fertility and Maternal Care S.L. will cancel, delete and/or block the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of the legislation on data protection.
By clicking on the ‘send’ button on the corresponding form, the User expressly consents that his/her data may be used for sending professional communications by e-mail or by any other means. However, the User may oppose the sending of such communications by checking the box indicated for this purpose in each of the forms. Likewise, in each of the communications sent, the procedure to oppose the sending of new professional communications will be expressly indicated.
In the data collection forms, the fields marked with an asterisk are mandatory, so if the User does not provide the corresponding data, Fertility and Maternal Care S.L. may at its sole discretion deny the corresponding service.
The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition by writing to the address indicated in clause 1.
Fertility and Maternal Care S.L. adopts the security levels required by the Regulation of Security Measures approved by Royal Decree 1720/2007 1720/2007, of December 21, which approves the Regulation of development of the Organic Law 15/1999, of December 13, on the Protection of Personal Data. Notwithstanding the above, technical security in a medium such as the Internet is not impregnable and there may be leaks due to the malicious actions of third parties.
Fertility and Maternal Care S.L. may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information related to the preferences determined by a user during his visit to a specific web page. This information is recorded in small files that are imperceptibly stored in the corresponding user’s computer equipment. Each time the user accesses the website in question again, these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information stored in the user’s own terminal and unequivocally associated with this terminal. Cookies cannot read cookie files created by other providers.
The User has the possibility of configuring his browser program in such a way as to prevent the creation of cookie files or to warn of the moment when this occurs. The Portal is accessible without the need for the cookie file options to be activated, although they may prevent the correct functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the Portal’s cookie files is to facilitate the User’s navigation.
6. Reporting of activities of an illegal and inappropriate nature
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact Fertility and Maternal Care S.L. indicating the following points:
Personal data of the caller: name, address, telephone number and e-mail address;
Description of the facts that reveal the illicit or inadequate nature of the Linked Site;
In the case of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person other than the communicating party. It must also provide the title accrediting the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when it is a person other than the communicating party;
Express statement that the information contained in the claim is accurate.
The receipt by Fertility and Maternal Care S.L. of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.
It must also provide the title accrediting the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the holder when it is a person other than the communicating person; Express statement that the information contained in the claim is accurate.
The receipt by Fertility and Maternal Care S.L. of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.
7. Updating and modification of the web page
Fertility and Maternal Care S.L. reserves the right to update, modify or delete the information contained in its web site, and the configuration or presentation thereof, at any time, without notice, and without assuming any responsibility for it.
8. Applicable Law and Jurisdiction
In general, the relations with our customers, arising from the provision of the services contained in our website, are subject to Spanish legislation and jurisdiction.