1. Legal information and acceptance.
These 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. It has registered office at Avda Maisonnave, 36-2º, 03003 Alicante and CIF number B54835962.
This website is mainly intended for all those people who are looking for information on Assisted Reproduction and its treatments. The patients of Fertility and Maternal Care S.L. 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 made up of our physicians and biologists.
Access to the website is free 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 clients and their access 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 has a limited duration at the moment in which the User is connected to the Portal or to any of the services that are provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Portal, since it and its conditions of use contained in this Legal Notice may be modified.
Some Portal services accessible to Internet users or exclusive to clients of Fertility and Maternal Care S.L. may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and/or modify this Legal Notice and that must be accepted by the User before the provision of the corresponding service begins.
2. Intellectual and industrial property.
All the contents of the Portal, understood as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, 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, without any of the exploitation rights recognized by the current regulations regarding intellectual property over them being transferred 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 the property of Fertility and Maternal Care S.L. or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.
3. Conditions of use of the portal.
3.1 General.
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will respond to Fertility and Maternal Care S.L. or against third parties, for any damages that may be caused as a result of the breach of said obligation.
It is expressly prohibited to use the Portal for harmful purposes of property or interests of Fertility and Maternal Care S.L. or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Fertility and Maternal Care S.L. or third parties.
3.2 Contents
The User agrees to use the Content in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
Merely by way of example, the User, in accordance with current legislation, must refrain from: Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Content except in cases authorized by law or expressly consented by Fertility and Maternal Care S.L. or by whoever owns the exploitation rights, as the case may be.
Reproduce or copy for private use the Content that may be considered as Software or Database in accordance with 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 of 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. make available to Users.
3.3 Data collection forms
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as in the privacy policies accessible from the Portal and that may be applicable at any 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 the information provided by the User through the forms of the Portal for the above purposes or any other must be true. For these purposes, the User guarantees the authenticity of all the data communicated and will maintain the information provided to Fertility and Maternal Care S.L. perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to Fertility and Maternal Care S.L. or to third parties for the information you provide.
3.4 introduction of links to the Portal
The Internet user who wants to introduce links from their own web pages to the Portal must comply with the conditions detailed below without ignoring them 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 the texts, graphics, etc.), requiring prior request and authorization.
In any case, it will be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any type that surround the Portal or allow the visualization of the Contents through Internet addresses other than those of the Portal and, in in any case, when they are viewed together with content outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Content; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Fertility and Maternal Care S.L. ; or (IV) in any other way is prohibited by current legislation.
No type of false, inaccurate or incorrect statement about Fertility and Maternal Care S.L. will be made from the page that introduces the link. , its partners, employees, clients or about the quality of the services it provides.
In no case will it be stated 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 in another way sponsors, collaborates, verifies or supervises the services of the sender, but has not previously obtained it expressly and in writing.
The use of any denominative, graphic or mixed brand or any other distinctive sign of Fertility and Maternal Care S.L. within the sender’s page 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 faithfully comply with the law and may not in any case have or link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that Fertility and Maternal Care S.L. subscribes, endorses, adheres or in any way supports the ideas, manifestations 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 attention to the place, contents and theme of the web page of the sender.
4. Exclusion of liability
4.1 Of the information
Access to the Portal does not imply an obligation on the part of Fertility and Maternal Care S.L. to check the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. 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 said information is insufficient for the User to make personal or business decisions.
Fertility and Maternal Care S.L. is not responsible for the decisions made based on the information provided on the Portal or for the damages caused to the User or third parties due to actions based solely on the information obtained on 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 their sensitivity.
4.2 Of the quality of the service
Access to the Portal does not imply an obligation on the part of Fertility and Maternal Care S.L. to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for 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 Of the 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 do not correspond to Fertility and Maternal Care S.L. Therefore, the services provided through the Portal may be suspended, canceled or inaccessible, prior to or simultaneously with the provision of the Portal service.
Fertility and Maternal Care S.L. is not responsible for damages or losses of any kind caused to the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or prior to it.
4.4 Of the contents and services linked through the Portal
The Portal access service includes technical link 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 a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided in the Linked Sites to the extent that you have effective knowledge of the illegality and have 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, they 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 entailing the obligation to withdraw the corresponding link.
In no case, the existence of Linked Sites must presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Fertility and Maternal Care S.L. with the manifestations, contents 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 illegality, quality, outdated, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage. that is not directly attributable to Fertility and Maternal Care S.L..
5. Personal data protection
The data collected through the data collection forms of the Portal will be incorporated into an automated personal data file 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 promote the company’s activities. In this way, it undertakes to comply with its obligation of secrecy of personal data and its duty to save them and adopt all necessary measures to prevent their alteration, loss, treatment or unauthorized use. Therefore, all the information about our clients will not be used for commercial purposes nor will it be transferred to third parties, and unless expressly requested, their data will not be communicated 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 data protection legislation.
By pressing the ‘send’ button on the corresponding form, the User expressly consents that their data may be used to send professional communications by email or by any other means. However, the User may oppose the sending of said communications by checking the box indicated for these purposes on each of the forms. Likewise, in each of the communications sent, the procedure enabled 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 in 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 contacting the address indicated in clause 1 for this purpose.
Fertility and Maternal Care S.L. adopts the security levels required by the Security Measures Regulations approved by Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13 December, Protection of Personal Data. Notwithstanding the foregoing, technical security in a medium such as the Internet is not impregnable and there may be leaks due to malicious actions by 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 regarding the preferences determined by a user during their visit to a certain web page. This information is recorded in small files that are stored in the computer equipment of the corresponding user in an imperceptible way. 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 housed 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 that the creation of cookie files is prevented or he is warned when this occurs. The Portal is accessible without the need for cookie file options to be activated, although they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files of the Portal is to facilitate the User’s navigation.
6. Communication of illicit and inappropriate activities
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illegal, harmful, degrading, violent or contrary to morality, they may contact Fertility and Maternal Care S.L. indicating the following extremes:
Personal data of the caller: name, address, telephone number and email address;
Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;
In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the communicator. Likewise, you must provide the title that certifies the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the caller;
Express statement that the information contained in the claim is accurate.
The receipt by Fertility and Maternal Care S.L. of the communication foreseen in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicator.
Likewise, you must provide the title that certifies the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the caller; Express statement that the information contained in the claim is accurate.
The receipt by Fertility and Maternal Care S.L. of the communication foreseen in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicator.
7. Update and modification of the website
Fertility and Maternal Care S.L. reserves the right to update, modify or delete the information contained in its web site, and its configuration or presentation, at any time, without prior notice, and without assuming any responsibility for it.
8. Applicable Law and Jurisdiction
In general, relations with our clients, derived from the provision of services contained on our website, are subject to Spanish legislation and jurisdiction.