CONFIDENTIALITY AND DATA PROTECTION AGREEMENT
– hereinafter GLS-. Update as of May 2018, valid until further notice.
PRIVACY AND CONFIDENTIALITY. PROTECTION OF INFORMATION
General Logistics Systems Spain, S.A. (GLS) undertakes to treat any personal data that may be provided to them as a result of the service contract with the utmost confidentiality, i n a ccordance w ith t he m easures e stablished i n t he current data protection regulation, as well as to adopt in the future any security measures that are required by laws and regulations aimed at preserving secrecy, confidentiality and integrity in the automated processing of personal data.
GLS will not sell or lease its customers’ information, nor will it provide information about them to third parties that is not related to the transaction carried out, unless you have consented to such an operation in accordance with the provisions of this policy, as required by current legislation or as necessary for the provision of the service by GLS.
Collection and purpose of data
GLS Spain will use the information collected to fulfil transport contracts and service agreements, as well as to guarantee the efficiency, security and speed of the shipments it transports.
Personal data are obtained directly by means of forms through which you provide us with your data and consent to the processing of them. The purpose of the collection and its automated processing are:
· The implementation and maintenance of the contractual relationshipswhich GLS has with its users and customers.
· The implementation, management, administration, expansion and improvement of the services that are requested and/or used by users and customers.
· The sending of general, technical, operational, advertising and promotional information about our own products and services through different means for which authorisation is requested such as email, mobile phone, regular post, etc.
· Carrying out internal marketing studies in order to improve our productsand services.
Likewise, the purpose of automated collection and processing also includes the sending of feedback forms about GLS services or the website, which the user is not obliged to answer.
The services that are carried out by GLS SYS shipments (shipping management system) or through the GLS website, where the customer and/or user himself/herself enters the personal data regarding his/her shipments, in order to guarantee security and confidentiality in the transactions, prior identification and authentication of the user in the system is required, by requesting access codes.
When a user requests information about services or shipments or wishes to process a claim or register incidents, through the submission of forms displayed on the GLS website or provided by GLS, it will be necessary in all cases to collect the essential data in order to be able to inform the user about his or her request.
STORAGE OF THE INFORMATION
GLS will store information about its customers to ensure the greatest efficiency of the shipments it transports and once all relationships with the users and/or customers have come to end in order to comply with the current legal obligations.
GLS undertakes not to disseminate the content of the information, where applicable, provided by the user and/or the customer to persons or entities outside the company, in accordance with the security requirements listed in this contract. This information which, by its very nature, is public or is incorporated into records of the same status, or requested by a legally competent authority, is exempted from this obligation.
DATA PROCESSING AS ESTABLISHED IN TERMS OF DATA PROTECTION
In compliance with the provisions of the General Data Protection Regulation 2016/679, of 27 April 2016 and the Organic Law 15/1999, of 13 December, on Personal Data Protection, as well as the current legislation regarding data protection, we hereby inform you:
The data obtained through the formalisation of this contract, will be processed by the person in charge whose identification details are: GENERAL LOGISTICS SYSTEMS SPAIN, S.A, Av. Fuentemar 18 Coslada 28823 Madrid with Corporate Tax ID No. A61441523.
The transfer of data to GLS Spain is carried out with a customised or non-customised commercial, financial, operational and statistical purpose, as are its own activities, authorising GLS Spain to extract and store data and internal marketing studies in order to improve our care in carrying out the services requested and inform you of our current and future services through the different means established in the current privacy and confidentiality policy.
The data will be stored for the duration of the contract between the parties, as well as the determination of the legal deadlines that require them to be stored to comply with legal obligations with the competent authorities.
GLS has implemented the necessary technical and organisational measures to guarantee the security of your personal data and to prevent their modification, loss, processing and/or unauthorised access, taking into account the current state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or from the physical or natural environment.
The personal data of the users will be communicated for use to the national GLS network of correspondents, its subsidiaries, subcontracted natural or legal persons for the performance of activities specific to its corporate purpose. Users who provide personal data are informed that such communication occurs at the same time as they provide the data to GLS.
The legal basis of the data processed is the need to implement the contractual provision in accordance with the provisions established in article 6 b) of the GDPR where “b) processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract.”
GLS undertakes to inform its staff, collaborators and subcontractors of the obligations established herein regarding confidentiality and the obligations related to the automated processing of personal data. GLS shall issue whatever warnings to, and sign whatever documents are necessary with, its staff and collaborators, for the purposes of ensuring that such obligations are fulfilled.
All users whose data are subject to processing may freely exercise the rights of opposition, access and information, rectification and cancellation of their data under the terms specified in the General Data Protection Regulation 2016/679 of 27 April 2016 by which Directive 45/96, hereinafter GDPR and Organic Law 15/1999 on Personal Data Protection, is repealed, in accordance with the legally established procedure. These rights of access, portability, rectification, removal, opposition or limitation may be exercised by the users or, where appropriate, by their legal representative by sending an email, requesting it in writing at the following address: firstname.lastname@example.org with the reference “Data Protection”, attaching a copy of his/her Spanish National ID Card or equivalent identification document.
Users have the right to file a claim with the Spanish Data Protection Agency if any of their rights are violated.
TERMS AND CONDITIONS OF GENERAL LOGISTICS SYSTEMS SPAIN, S.A.
– hereinafter GLS-. Update as of May 2018, valid until further notice.
1.1. These Terms and Conditions (hereinafter T&Cs) are intended to regulate the relationship between GLS and its customers. They have been drafted in Spanish. The contracting of any of the services offered by GLS by any means will imply the unreserved acceptance of these T&Cs.
1.2. These T&Cs will be applicable to all activities carried out by GLS, and, in particular, to the collection, transport, storage and delivery of packages within Spain, as well as internationally. The customer authorises GLS to subcontract any of the services contracted by the customer. The customer accepts that these T&Cs are extended to subcontractors, agents, intermediaries and GLS employees.
1.3. These T&Cs will be applicable to all activities carried out by GLS, and, in particular, to the collection, transport, storage and delivery of packages within Spain, as well as internationally. The customer authorises GLS to subcontract any of the services contracted by the customer. The customer accepts that these T&Cs are extended to subcontractors, agents, intermediaries and GLS employees.
2. TYPES OF GOODS. EXCLUSIONS.
As a general rule, goods or merchandise that are prohibited by any law of the country of origin or of the country of the recipient, or that entail any type of sanction, either due to their content, due to the ownership of the recipient or the ownership of the customer, are excluded from transport carried out by GLS. Understanding as laws (regulations, rules, orders) those that impose sanctions (fines, trade restrictions or economic sanctions of any kind) on countries, individuals or entities, including those without a limit imposed by the United Nations, the European Union and its member states.
Packages with a maximum unit weight of up to 40 kg are accepted. The sum of the three measurements (two times the width + two times the height + one times the length) cannot exceed 3 metres, and none of these three measurements can be greater than 2 metres long, 60 centimetres high and 80 centimetres wide.
The following are not accepted:
· Shipments with goods worth more than 5,000 euros per package. In theevent that the sending of a package with a greater value is planned, it will be essential to check its acceptance with GLS on a one-off basis.
· Unpackaged or improperly packaged items according to the GLS packaging standard.
· Items that require special handling, that are particularly fragile, that need to be transported in a specific position or that require storage at specific temperatures.
· Perishable goods, mortal remains, animals and/or plants.
· High-value products such as cash, bank notes, lottery tickets, pools or any type of prize draw tickets. Securities and other documents of monetary value.
· Precious stones and metals, jewels, authentic pearls, works of art, collecti-bles, antiques, collections and furniture.
· Goods that in themselves have little value, but whose loss or damage could cause high collateral damage (for example, data carriers with confidential information).
· Packages whose external content, shipment or storage infringes theprohibition of a judicial or public authority, which includes packages whose content violates the legal provisions relating to the protection of intellectual property including copies of counterfeit or unlicensed goods (forgeries).
· Firearms and fundamental parts of weapons, ammunition and bladed weapons in accordance with the provisions of articles 6 and 7 of Organic Law 1/1992, of 21 February, on the Protection of Public Safety in relation to the Weapons Regulation approved by Royal Decree 137, of 29 January, regarding both regulated and prohibited weapons or weapons of war in its detailed description contained in articles 3, 4, 5 and 6, respectively, of the aforementioned Regulation.
In the case of alcoholic drinks, tobacco or ATA meats, transportation is subject to internationally established tax restrictions, as well as to adequate packaging by the customer. For packages sent by air, articles banned under Regulation (EC) number 300/2008 of 3/1/2008, and its implementing regulations, are also excluded. Dangerous goods, understood as all those included in the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) to which Spain acceded on 19 October 1970, in its current version of 2013 (Official Spanish Gazette 14.3.2013) or that which is in force at any time.
In the case of personal items, packages up to a maximum value of €200 are accepted. GLS is not responsible for damages or losses of packages received in contravention of the exclusions listed in the previous article, except in cases in which GLS has issued its written consent. Packages which are not suitable for automatic classification will only be accepted by an exceptional agreement.
GLS may refuse shipments with a packaging, presentation or security deficiency for the remainder of the goods transported. It is the customer’s responsibility to check compliance with transport exclusions before the packages are shipped. GLS only accepts closed packages for transport. Therefore, it is not responsible for the content of the packages.
3. RIGHT OF INSPECTION
GLS or any governmental authority, including customs, may open and inspect a shipment at any time. In the case of GLS, the purpose of the inspection shall refer exclusively to the verification of compliance with the exclusions regulations or, where appropriate, the accuracy and truthfulness of the content declaration regarding the extraordinary and written acceptance.
4. PROVISION OF TRANSPORT SERVICE
4.1. GLS is responsible as Transport Operator, for providing the transportation services listed below, which may be carried out by third parties to guarantee the speed of deliveries. The customer authorises GLS to subcontract all the transport according to this document, taking into account that GLS will make sure to sign with these third parties all the necessary agreements to guarantee that the services are provided with the quality and security required in each case.
The services provided and their conditions are the following:
Collection, transport and delivery at the address of the recipient. The delivery of packages received at the destination branch will be made within the working day according to the standards in the country of destination and on working days from Monday to Friday, except for the additional delivery service on Saturdays.
The delivery will be made at the address entered on the package by the customer, either to a private address or to the “goods receipt” department assigned for that purpose. Deliveries to post office boxes or similar addresses are excluded.
Up to two delivery attempts will be free. The following will not be considered a breach of the delivery time: absence of the recipient, change of address, unknown address, lack of name and contact telephone number for private addresses, non-payment of postage, replacements or refunds, deliveries after the deadline at the second delivery attempt, force majeure or fortuitous event or others not attributable to GLS.
The delivery of shipments is done by obtaining the signature of the recipient or other authorised persons, particularly the people present or neighbours.
In the event of absence of a recipient and after a first delivery attempt, GLS reserves the right to deliver the shipment to an alternative address, to an alternative person (at the same address/company) or to the GLS ParcelShop (PS) closest to the address of the recipient. If a package delivered to the PS is not picked up by the recipient within the specified period of 7 days (10 days for international shipments), it will be returned to the place of origin, without this giving rise to the payment of compensation to the customer or recipient.
In the event that the recipient gives his/her written consent to GLS to leave the packages in the place defined by him/her, the packages will be considered delivered when they are left in that place. GLS reserves the right to accept the indications of the new place of delivery proposed by the recipient. GLS will be entitled to consider the packages abandoned after a period of 90 days and, in the event of the impossibility of their delivery, it will be able to proceed with respect to them as it deems appropriate, including the incorporation into its assets of what they may contain.
Proof of delivery will be provided free of charge, as long as the request does not exceed 5% of the average of daily packages received by a customer. GLS has the right to invoice a minimum of 3.00 euros for each receipt that exceeds the specified limit. Any request for proof of delivery by the customer must be requested to GLS within one year of delivery.
GLS uses electronic methods to obtain proofs of delivery in some cases. The customer hereby confirms his/her willingness to accept the digitalisation of the recipient’s signature and its reproduction as proof of delivery.
When the goods are dispatched, the gross weight (goods plus packaging) and package volume will be applied when they are received by GLS if there is a discrepancy with the weight specified by the customer. Under no circumstances will shipments documented at net weight be accepted.
The collection of packages is confirmed by the documents provided by GLS for this purpose. The electronic transmission of the data by the customer is not proof that the packages listed and included in the document have actually been delivered to GLS. GLS is not obliged to make a comparison between the data transmitted electronically and the packages actually delivered by the customer, unless explicitly agreed in the contract. Therefore, the lack of communication of the difference does not imply an acceptance of the listed packages and, above all, it will not be understood as a confirmation of delivery to GLS.
5.1. GLS asume la responsabilidad de las pérdidas o daños sufridos por los GLS assumes responsibility for the losses or damages to domestically bound packages that are in its custody in accordance with the provisions of Spanish legislation up to an amount of 1/3 of the IPREM (Indicador Público de Renta de Efectos Múltiples [Spanish Public Income Indicator of Multiple Effects]) for each kilo of gross weight of damaged or lost goods.
For international shipments, our terms of responsibility will be governed by the relevant provisions of the Convention on the Road Freight Transport Agreement. However, in international shipments GLS will apply additional coverage of up to 750 euros per shipment.
GLS will not be liable for indirect or extraordinary damages such as lost profits, including loss of income, profit, markets, loss of image, damages caused by the impossibility of using the contents of the shipments, or loss of business opportunity. The transit times established in our rates do not include weekends, public holidays or national holidays in the countries of origin or destination, nor the delays caused by customs procedures or other eventualities beyond the control of GLS.
5.2. Responsibility of the customer. The customer will be responsible for ensuring the legality/lawfulness of the goods sent, as well as having the necessary authorisations to provide GLS with the identity and contact details of the shipment recipients. If, in spite of the controls carried out by GLS, the customer sends illegal goods, which are defective, with faults, defects or with any other irregularity not declared at the time of contracting the services, GLS does not assume any responsibility, and will collaborate with the competent authorities if necessary.
The customer must provide the necessary information and documentation relating to the goods and will be liable for any damages that may arise from the lack or incorrectness of said documentation.
GLS, in accordance with the contractual good faith that must preside over all business relationships, is not obliged to verify whether these documents or information are accurate or sufficient.
The customer must ensure that the goods sent are prepared for transport and will be responsible for the damages and expenses caused by defects in the packaging. The Shipping guide for regular customers is available on the GLS website.
The customer guarantees that the data and documents provided to GLS in order to carry out the transport are true and correct.
5.3. Exemption from Liability due to technical failures or incompatibilities. GLS is committed to always acting loyally and in good faith, with the aim of offering customers an effective service at all times. However, GLS will not assume responsibility:
When the features and settings of the operating systems or screens of the customers’ computers are different, older or incompatible with the website, causing some of the services provided to be disabled, or distorting or altering the appearance of the website. The website is intended to be used on computers, and is optimised for mobile devices, tablets or others. However, if your devices are old or incompatible, the appearance and functionality may be altered. GLS is not responsible for errors or malfunctions that this may cause.
When it is impossible to provide services due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and, in general, all cases of force majeure or fortuitous events.
When damages are caused by interferences, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system, caused by deficiency, overloads and errors in telecommunications lines and networks, or by any other cause outside the control of GLS. When illegitimate intrusions occur through the use of malicious software such as viruses. GLS has established security measures by default and by design to avoid these intrusions, protect the privacy of all its users and ensure the proper functioning of the website. However, the risk will never be zero. It is always possible that incidents may occur, so users are asked to inform GLS immediately in the event of any suspicion or detection of incidents of this type.
GLS does not guarantee continued access, nor the correct display, download or use of the elements and information that may be impeded, hindered or interrupted by factors or circumstances that are beyond its control. GLS is not responsible for decisions that may be taken as a result of limited access to the content at certain times. If you cannot view the website correctly at the desired time, wait a few minutes and try again, and, if you notice any persistent operating error, contact GLS.
6. ADDITIONAL COSTS AND EXPENSES
In all cases, the customer is obliged to assume all expenses generated by the shipments in terms of taxes, customs duties, SADs, etc. In cases in which this obligation is incumbent on the recipient, and if the recipient does not bear the costs for any reason, GLS will pass on the expenses generated to the customer. GLS is under no obligation to deliver the shipment until it has been repaid said amounts. It may proceed with the destruction of the shipment, if, having notified the customer of this circumstance, he/she does not pay the expenses produced within a period of 15 calendar days. All the foregoing is without prejudice to the claim for reimbursement of expenses even in the case of destruction of the shipment under the terms provided herein. In the event that GLS suspends the transportation or delivery of a package for a reason covered by these contractual terms, the customer will not be entitled to receive the refund of the postage paid.
GLS will apply the prices and costs agreed with the customer. If the customer gives instructions to deliver a package to a destination other than the one originally indicated or if it needs to be handled manually due to being outside the standards or not being accepted by the conveyor belt, GLS will be able to invoice the customer according to the current specific rate for that purpose.
If a package has to be returned to the customer for reasons not attributable to GLS, GLS may invoice the customer for the return. Likewise, the cancellation of an order may be billed, according to the rate agreed with the customer. GLS invoices must be paid by the customer at the time of contracting if they are customers without a GLS credit account. For customers who have an open credit account with GLS, invoices will be paid within a maximum period of 15 days from the invoice date unless otherwise agreed, according to the conditions signed in the account opening contract, in full and without deductions. The issuance of debit notes is prohibited, unless the parties have agreed this in writing. In the case of non-payment of invoices, once 15 calendar days have elapsed from the expiration date of the invoice, GLS may suspend the service without prior notice, and may apply the general rate in such cases and for subsequent transactions.
If unpaid bills, or invoices not paid when due, are returned, GLS may charge 0.1 percent of the invoice total for recovery costs of the return expenses, with a minimum of 15 euros per invoice, without prejudice to the possible judicial claim of the total amount of the invoice in case of persistence of the non-payment. The claim for any invoiced item must be made within 15 calendar days after the closure of the invoice date, with this not being a reason for delay in the payment thereof.
7. CASHSERVICE SHIPMENTS (CASH ON DELIVERY)
The deliveries of CashService packages (cash on delivery) are made upon the customer’s request. It is the customer’s responsibility to prepare and register CashService shipments in accordance with the conditions established by GLS. When the customer delivers several packages to GLS on the same day for the same recipient, each shipment must be individually documented as a CashService and the corresponding rate will be applied.
The value of the cash on delivery must be correctly entered by the customer in the GLS system. The maximum limit allowed for each package is 2,500 euros. If several packages are given on the same day to transport to the same recipient, then the total cash on delivery amount should not exceed 5,000 euros. Once the details of the shipments are transferred electronically, the amounts are binding.
If the recipient does not pay cash on delivery, GLS will not deliver the goods and the customer must pay the transport price. The amount of the CashService package must be paid by the recipient when the package is delivered and in cash, without prejudice to the legal requirements in force in each country with respect to the maximum limit of cash payments.
CashService is offered to the customer on the basis and understanding that GLS will act only as the customer’s collection agent and that GLS has no power whatsoever to bind the customer, nor to enter into an agreement with the recipient of the package on behalf of the customer. The customer must comply with the specific obligations against money laundering that are required by legislation and current regulations.
8. COVERAGE FOR INCIDENTS
Standard coverage: In cases where the customer has not taken out any transport insurance, GLS can only guarantee as compensation that established in the liability regime of the carrier provided in the Land Transportation Contract Law (LTCL) for any type of incident and based on the circumstances prescribed in the aforementioned legal order.
Extension of coverage: For transportation to domestic destinations, GLS offers, for the domestic transport of goods, an extension of additional liability to that required by the LTCL, through the payment by GLS of a percentage negotiated with the customer on the transport tariff, with a minimum amount of 1.00 euro to be charged. This supplement will entitle you to compensation of up to a maximum of 15 euros per kilogram and a limit of up to 1,200 euros per shipment. This coverage will have to be negotiated initially with each customer. For transport to international destinations, GLS offers coverage of up to 750 euros per shipment.
In all cases and to have the coverages expressed in each case, in the event that a claim occurs, an affidavit from the customer will be required stating that the goods to be claimed were not previously insured by the customer.
Reservations: The recipient must state in writing his/her reservations on the proof of delivery describing the loss or damage at the time of delivery. In the event of breakdowns or non-manifest losses, reservations must be reported to GLS within 7 calendar days after delivery for national shipments and 7 days discounting Sundays and public holidays for international shipments. Claims that occur as a
result of manifest damage will be governed according to point 9 and for personal effects, as indicated in point 2. The customer is hereby informed of the possibility of taking out additional coverage.
The maximum term for any claim against GLS with additional coverage will be 30 days from the expected date of delivery, excluding shipments with non-manifest damages, mentioned in the previous paragraph. In the event that there is a claim based on these Terms and Conditions, the customer may not withhold payment for the contracted services, even partially, and must make the payments on the website and within the deadlines agreed. Consequently, GLS does not accept the compensation of pending invoices with the balance of litigious claims or on which there is no agreement between the parties. It is expressly accepted by the customer that the interest foreseen by the Commercial Delinquency Law will accrue in the event of unilateral compensation of credits.
10. COMPENSATION FOR INCIDENTS
For the payment of compensation for incidents, it will be necessary to provide GLS with the following documentation within a maximum period of 30 calendar days from the date on which the incident was reported to GLS: if the customer is a manufacturer, a copy of the document certifying the manufacturing cost of the product and a copy of the sales invoice to the customer. In this case, the amount to be taken into account for the payment of compensation will be the indicated manufacturing cost, without taxes and without service charges. If this cost is not presented, 25% of the sale price will be deducted. If the customer is not a manufacturer, a copy of the sales invoice to his/her customer and a copy of the purchase invoice to his/her supplier for the entire transported shipment. In this case, the amount to be taken into account for said compensation will be the price that appears on the purchase invoice to his/her supplier, without taxes and without service charges.
In the event of damages for any of the situations described above, GLS may request the package to check its condition. If the full payment of the package is determined, the shipment will remain permanently in the hands of GLS, becoming part of its own assets. Packages that do not have proper packaging or whose packaging is not governed by GLS procedures will not be covered by the GLS coverage. Similarly, the GLS coverage does not cover damages to the packaging. Any agreement other than those established in the preceding paragraphs must be reflected in the Agreement for the Provision of Transportation Services, which is the one that prevails. The form of settlement of the resulting amounts will be agreed between the parties and the payments will be settled by GLS according to the payment term agreed with the customer. They can be compensated with invoices issued.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY
The customer acknowledges and accepts that all the content shown on the website and, especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs or images subject to industrial and/or commercial use are subject to Intellectual and Industrial Property rights, exclusive property of GLS and/or third parties. Therefore, the customer agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding GLS harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the website imply any type of waiver, transmission, licence or total or partial transfer of said rights, unless expressly established otherwise.
If the customer knows or suspects that any of the website’s content infringes the intellectual or industrial property rights of GLS or third parties, they must inform GLS immediately, so that we can verify the case and, if appropriate, remove said content. GLS will act in accordance with its internal policy regarding claims related to infringement of intellectual and industrial property rights committed on its website. GLS owns the elements that make up the graphic design of the website, the menus, navigation buttons, HTML code, texts, images, graphics and any other content of the website, or, in any event, has the corresponding authorisation for the use of said elements. The content provided on the website may not be reproduced in whole or in part, be transmitted, recorded by any information retrieval system, in any form or in any medium, unless prior authorisation is granted in writing from GLS. Likewise, the customer undertakes to respect the rights stated and to avoid any action that could harm them. GLS reserves the right to exercise whatever means or legal actions to which it might be entitled in defence of its legitimate intellectual and industrial property rights.
Customers are prohibited from:
a) Deleting, evading and/or manipulating the copyright, as well as technical protection devices or any information mechanism that may contain the contents.
b) Making unauthorised or fraudulent use of the content for illegal purposes or effects, prohibited in these T&Cs, detrimental to the rights and interests of third parties, or which may, in any way, damage, disable, overload, impair or impede the normal use of services or documents, files and all manner of content stored on any computer equipment.
c) Accessing or trying to access resources or restricted areas of the platform, without complying with the conditions required for such access.
d) Causing damage to the hardware or software systems of the platform, its suppliers or third parties.
e) Transmitting or disseminating computer viruses on the network or any other hardware or software systems that are likely to cause damage to the hardware or software systems of GLS, its suppliers or third parties.
f) Attempting to access, use and/or manipulate GLS data.
g) Reproducing or copying, distributing, allowing public access through any means of public communication, transforming or modifying the contents, unless authorised to do so by the holder of the respective rights or it is legally permitted.
h) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of GLS or third parties included in the content and the technical protection devices or any information mechanisms that may form part of the contents.
Merely by way of example and without limitation, the customer agrees to refrain from transmitting, disseminating or making 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:
a) Is in any way contrary, denigrates or violates the fundamental rights and public liberties recognised in the constitution, in international treaties and in the remainder of the current legislation.
b) Induces, incites or promotes criminal, denigratory, defamatory, violent activities or, in general, activities contrary to law, morality, generally accepted good practices or public order.
c) Induces, incites or promotes actions, attitudes or thoughts which are discriminatory with regard to sex, race, religion, beliefs, age or condition.
d) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order.
e) Induces or may induce an unacceptable state of anxiety or fear.
f) Induces or incites individuals to become involved in practices which are dangerous, risky or prejudicial for their health or mental stability.
g) Is protected by the legislation on intellectual or industrial property belonging to GLS or to third parties without the intended use having been authorised.
h) Is contrary to honour, personal and family privacy or personal image.
If the customer negligently or intentionally fails to comply with any of the obligations set forth in these T&Cs, he/she will be liable for all the damages and losses that may result from said breach for GLS and affected third parties.
12. CANCELLATION OF REGISTRATION
The customer may request the cancellation of his/her data by sending an email to email@example.com . The cancellation will not be processed if the customer has not complied with his/her financial obligations, i.e., he/she must pay his/her pending payments to GLS in order to terminate the relationship. GLS is obliged to keep certain information for the legally defined periods, which could be 5 years, or even 10, in accordance with the Money Laundering Prevention regulations. After the corresponding periods have elapsed, in each case his/her data will be completely destroyed.
13. DURATION OF THE CONTRACT AND CANCELLATION
The contractual relationship will be valid for 1 year. Once the established period of validity has expired, it will be understood to be tacitly renewed in the event that neither party communicates to the other in a credible manner its intention to terminate it at least 15 days prior to its expiry or to that of any of its extensions.
GLS may terminate the contractual relationship in advance without prior notice when:
a) The terms and conditions established in these T&Cs are breached. In these cases, GLS will communicate the decision to the customer.
b) The customer has substantially breached his/her obligations described in the Conditions, such as those relating to payment, or any other standard.
c) The customer has breached any law, regulation or rights of third parties that are applicable.
d) It is required by order or requirement, issued by the security forces or courts and tribunals, or a governmental body to public administrations.
e) The customer provides inaccurate, fraudulent, obsolete or incomplete information.
14. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These Legal Conditions will be governed by Spanish law. Any dispute will be resolved before the Spanish courts and tribunals.
In the event that any stipulation is unenforceable or void by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity shall not render these conditions unenforceable or void as a whole.
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