I.-I.- PROSEGUR: GENERAL INFORMATION
PROSEGUR CASH, S.A. (hereinafter “PROSEGUR”) informs its users (hereinafter “User or Users”) that it complies with current applicable regulations regarding Personal Data Protection, Confidentiality and Information Society Services and Ecommerce. Furthermore, PROSEGUR has established behavior policies and measures regarding personal data protection, information society services, data security and confidentiality, aimed at fulfilling the obligations established in the aforementioned legal rules and in internal rules and regulations. PROSEGUR has a manual which contains the internal rules and regulations framework on information security and confidentiality policies.
Treatment of Personal Data
Pursuant to the provisions of Organic Law 15/1999, dated December 13th on Personal Data Protection and its implementing rules, when the User provides personal data, said data will be stored into an automated file, owned by and kept under the responsibility of PROSEGUR. The files where data are stored are owned by PROSEGUR. The aim of said files is to enable the rendering of the requested services through the correct identification of the Users and to customize said requested services. Furthermore, said data is used to do statistical research in order to make improvements on the services provided, and to manage basic administrative tasks. Personal data will be collected through the pertinent forms, which will only contain the fields needed to render the service required by the User. The User declares that the data provided in the forms are true. The User will be the only one responsible in the case he provides false or inexact data and will be liable for the damage that said false data might cause to third parties and to PROSEGUR. PROSEGUR is authorized by the user to make use of said personal data and to process the data needed to render this service, keeping the right to delete all users’ data that fail to comply with the required criteria in each of the services rendered. Furthermore, PROSEGUR is expressly authorized to transfer the provided data to its collaborating entities, provided said information is essential to informative aims. If the collected data were used for an end other than the one it was collected for, prior written consent of the interested parties will be required. The User authorizes PROSEGUR to send publicity or information, commercial offers of the companies within PROSEGUR Group and of third parties with which it maintains collaboration links, about products and services that may be of the User’s interest. PROSEGUR has adopted the necessary technical and organizational measures in order to guarantee the security and integrity of the data, to avoid its alteration, loss and unauthorized access or treatment. PROSEGUR will be able to disclose personal data and any other type of information about the User when required by judicial authorities or by public authorities in the exercise of legally conferred powers and in accordance with the applicable rules. Furthermore, the User expressly agrees that his/her data might be assigned for its treatment and in order to comply with the aforementioned aims, to other companies of PROSEGUR Group (where the meaning of " Group " is that expressed in the provisions of section 4 of the Stock Market Law [Ley del Mercado de Valores]), to companies in which Prosegur or any of the companies of PROSEGUR Group have a stake, or to other companies which execute cooperation agreements with PROSEGUR Group. The companies that make up PROSEGUR Group as well as the collaborating entities can be consulted at any moment by sending an email to the address email@example.com. Any other use of the personal data contained in the files, will require the prior consent of the user. The User may exercise his rights of opposition, access, rectification and cancellation pursuant to the provisions of Organic Law 15/1999 dated December the 13th on the Protection of Personal Data, or simply consult or make a personal comment by sending an email to the following address firstname.lastname@example.org or by writing to PROSEGUR, calle Santa Sabina nº 8, 28007, Madrid, addressed to the Asesoría Jurídica LOPD (OLPD Legal Counseling Department).
II.- GENERAL CONDITIONS.
Access and use of the website www.prosegur.com (also referred to as the “Website” within this condition) entails the condition of “User” for the person carrying out such action and implies that said User fully and unreservedly accepts all the following general conditions regarding the contents and services of the Website as well as any specific conditions that may modify, substitute or complement the general conditions in regard to specific contents and/or services of this Website. Certain services of the Website are exclusive to clients of PROSEGUR or GRUPO DE EMPRESAS PROSEGUR and access to them is restricted. The User commits to using the Website’s contents in accordance with the following conditions, the Law and any other applicable conditions, regulations or instructions.
Second.- Usage limitations.
A) The User must use the Website and the services and contents contained therein in accordance with current applicable legislation. The User accessing this Website may visualise all the information contained in it. As stated, the User of the Website is banned from: 1. Reproducing, copying, distributing, modifying, ceding or publicly communicating the information contained in the Website; 2. Using the information contained in the Website for commercial purposes; 3. Sending messages that were not requested to a plurality of people, regardless of their aim; 4. Trading in any way with the information contained in the Website; 5. Deleting, tampering and eluding PROSEGUR’s identification information and any technical devices in place to protect the Website; 6. Manipulating and/or decompiling the data bases in which the Website’s information is stored; 7. Carrying out acts of "spamming" as a result of using the Website or the information and/or services it contains; 8. Infringing the rights of “PROSEGUR” or the legitimate owners thereof; 9. Any attempt to obtaining the Website’s contents by any means other than those made available to Users; 10. Using the Website for illicit purposes against PROSEGUR or any other third party; 11. Using the Website in such a way that it damages PROSEGUR or any other third party; 12. Preventing the normal functioning of the Website. B) The User is authorised to visualise, print and partially download contents from the Website only if the following conditions concur: 1. That such is compatible with the aim of the visited Website owned by PROSEGUR; 2. That such is carried out with the exclusive purpose of obtaining information for private and personal use or accessing a service established in the Website; 3. That such use is carried out without incurring in one of the banned behaviours mentioned above in section “A” of this condition.
Third.- Modification of the Website by PROSEGUR.
PROSEGUR reserves the right to carry out any modifications, deletions, additions and updates of the information or services contained in the Website at any time and without prior notice. Likewise, PROSEGUR reserves the right to carry out changes or modifications to the Website’s configuration, design, structure, presentation and access conditions at any time and without prior notice.
Fourth.- Responsibility for access to the Website.
Access to the Website and the use that can be made of the information and services contained therein is the exclusive responsibility of the person accessing the Website. PROSEGUR will not be liable for any consequences or damage derived from such access or the use of such information and/or services. PROSEGUR is not liable for any security errors that may take place nor any possible damage to the User’s computing system (hardware or software), the files or documents stored therein, resulting from the presence of a virus on the User’s computer used to connect to the Website’s services and contents, a malfunctioning of the browser or the use of old versions thereof. Access to the Website entails no obligation on behalf of PROSEGUR to control the absence of viruses, wormkits or any other harmful elements. It is the User’s responsibility to deploy adequate tools, means or systems to detect and disinfect harmful computing programmes. PROSEGUR will not be liable for any damage caused to the User’s or a third party’s computing equipment during or as a result of accessing the Website.
Fifth.- Exclusion of liabilities.
PROSEGUR will not be held liable for damages of any nature that may result from: 1. The lack of availability, maintenance and functioning of the Website and/or its services and contents. 2. The lack of usefulness, suitability or validity of the Website, its services or contents to satisfy the Users’ specific needs, activities, results or expectations. 3. The existence of viruses, damaging programmes, malware and/or similar wares in the Website’s content. 4. The Users receiving, obtaining, storing, disseminating or transmitting the Website’s contents. 5. The Users using the Website and/or its services or contents in an illicit, negligent, fraudulent way or against these General Conditions, the good faith, generally acceptable use or public order. 6. The unlawfulness or lack of quality, reliability, usefulness and availability of the services provided by third parties made available to Users in the Website. 7. Non-compliance by third parties of their obligations or commitments in regard to the services provided to Users through the Website. 8. Non-compliance by third parties of their obligations or commitments in regard to the services provided to Users through the Website. Access to the Website entails no obligation on behalf of PROSEGUR with regard to checking the veracity, accuracy, adaptation, suitability, exhaustiveness and currency of the information supplied therein. The Website’s contents are of a general nature and in no way constitute the provision of any type of advice services. Hence, such information is insufficient for personal or professional decision-making by the User. PROSEGUR isn’t liable for decisions made based on the information contained in the Website or damages to the User or third parties resulting from actions based solely on information obtained from the Website.
Sixth.- Contents and services linked through the Website.
The Website includes links that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In such cases, PROSEGUR acts as a mediation service provider in accordance with article 17 of Law 32/2002 of 12 July on Services of the Information Society and Electronic Commerce and will only be liable in regard to the contents and services provided by Linked Sites inasmuch as it is aware of such unlawfulness and it hasn’t deactivated the link with due diligence. Users may contact PROSEGUR when they consider that a Linked Site has unlawful or unsuitable content. However, such communication does not entail an obligation to remove the corresponding link. The existence of Linked Sites does not imply or entail the existence of agreements with the owners of such Linked Sites, or the recommendation, promotion or identification on behalf of PROSEGUR with the statements, contents or services contained in the Linked Sites. PROSEGUR isn’t aware of the contents and services of Linked Sites. Hence, it isn’t liable for any damages resulting from the unlawfulness, quality, lack of currency, unavailability, error or lack of usefulness of the contents and/or services provided by Linked Sites.
Seventh.- Processing of Personal Information.
In accordance with Organic Law 15/1999 of 13 December on the Protection of Personal Information, information provided by the User will be included in an automated file owned by PROSEGUR. The files storing such information are owned by PROSEGUR and aim to facilitate the provision of the services requested by correctly identifying Users requesting services from the Website and to customise services as required. Similarly, such information is used to carry out statistical studies allowing the design of improvements in the services provided and managing basic administration tasks of the Website. Information of a personal nature will be collected through relevant forms that will contain only indispensable fields to provide the service required by the User. The User states that all information provided in the forms that appear on the Website is truthful. The User is solely liable for false or inaccurate information and the damages this may cause PROSEGUR and third parties resulting from the false information provided. PROSEGUR is authorised by the User to use any personal information available to it and to carry out any necessary computing processing to provide this service, reserving the right to cancel any information belonging to users who do not meet the criteria required in each of the services provided. Similarly, with the aim of informing, PROSEGUR is expressly authorised to cede the information provided to institutions collaborating with PROSEGUR whenever this is indispensable for the aim described. Whenever such information is used for an aim other than for that which it was collected, prior and express consent from the interested parties will be required. PROSEGUR has adopted the technical and organisational means necessary to guarantee the security and integrity of information and with the purpose of avoiding the unauthorised alternation, loss, processing or access thereof. PROSEGUR may reveal personal information and any other information of the User when so required by legal or public authorities exercising their legally established functions and in compliance with applicable regulations. Through the Website, the User may access other websites that may collect information to send proprietary advertising or advertising from third parties and commercial offers from undertakings in the PROSEGUR Group or third parties with which collaboration agreements exist, with regard to products and services, in the terms and conditions contained in each website. Such pages show adverts and, hence, the User also allows PROSEGUR to used their information with the aim of sending them advertising communications. The User consents to such advertising information being sent to them via email, as established by Law 34/2002 on Services of the Information Society and Electronic Commerce. The User authorises PROSEGUR to cede this information to other organisations carrying activities related to those carried out by PROSEGUR. Similarly, the User expressly consents to their information being ceded for processing and in compliance with the aims described above, to other institutions of the PROSEGUR GROUP (understanding “GROUP” as established in article 4 of the Securities Market Act), companies in which the companies of this Group have shares, or others with which collaboration agreements have been reached by the companies in the PROSEGUR GROUP. Such acceptance may be revoked but not retroactively. Any other use of the personal information contained in the file will require the user’s consent. The User may exercise their rights to oppose, access, rectify and cancel such information in compliance with Organic Law 15/1999 of 13 December on the Protection of Personal Information, or may simply consult or make any personal comment in this regard, by notifying as much by email to the following address: email@example.com or in writing to PROSEGUR at the following address: Calle Santa Sabina nº 8, 28007, Madrid, addressed to Asesoría Jurídica LOPD. PROSEGUR reserves the right to amend their data protection policy at any moment in order to adapt it to further legislative amendments, duly announcing such changes on the Website.
Eighth.- Ownership of Website contents.
Any information contained in this Website, including for instance, texts, images, photographs, icons, technology, links, audiovisual or audio contents, as well as its graphic design, source code and computational code, is the intellectual and industrial property of PROSEGUR. Only PROSEGUR can exercise the right to exploitation of the abovementioned intellectual and industrial property in any way and, especially, in regard to the right to reproduction, distribution, public communication and transformation. PROSEGUR does not cede, partially or totally, or licence or authorise the Users in regard to intellectual, industrial or other property regarding the Website. PROSEGUR guarantees that the Website’s contents, included their industrial and intellectual property, are fully legal and do not infringe current legislation. The Website’s contents will not be of a xenophobic, pornographic, discriminatory or racist nature or will in no way promote violence.
The duration of the Website’s service and the services contained therein are of an indefinite nature. Without prejudice to the above, PROSEGUR reserves the right to interrupt, suspend or terminate the Website’s service or any of the services it comprises.
Tenth.- Website availability.
Access to the Website requires the supply and services from third parties, whose functioning and performance are not the responsibility of “PROSEGUR”. PROSEGUR isn’t liable for any damages to the User resulting from failures or disconnects in telecommunications networks that cause the Website services to be suspended, cancelled or interrupted while being provided or prior to being provided.
Eleventh.- Compensation from the User.
The User expressly commits to compensating “PROSEGUR”, the group’s companies, employees, administrators, agents, suppliers of information or services and licensees for any damages (including solicitors’ fees, barristers’ rights and costs) derived from non-compliance of the User to these general conditions or any applicable specific conditions, as well as collaborating with PROSEGUR in defending its interests in the case of any claim being laid or any legal or administrative procedure started for such reason. Similarly, the User is obliged to make the utmost effort to avoid, or given the case lessen, the damaging effects that may be derived for “PROSEGUR” as a result.
Twelfth.- Courts of Justice.
The general conditions and specific conditions applicable to this Website will abide by Spanish Law. PROSEGUR and the User, expressly renouncing the jurisdiction corresponding to them, will formally submit to the Courts of Justice at the User’s address for any controversy arising form interpretation or compliance with the general and specific conditions which regulate this Website. If the User’s address is outside the Spanish territory, PROSEGUR and the User will formally submit to the Courts of Justice of Madrid (Spain), renouncing expressly to the jurisdiction that may correspond to them.
III.- POLICY REGARDING COOKIES FOR THE PROSEGUR WEBSITES.
b) Types, objectives and functioning of Cookies:
Cookies, depending on their permanence, can be divided into session Cookies or permanent Cookies. The former expire once Users close their browser. The latter expire once their objective is met (for instance, for the User to remain identified with the PROSEGUR Services) or when they are manually deleted. Additionally, depending on their objective, Cookies may be classified as follows: PERFORMANCE COOKIES: This type of Cookie remembers your preferences for the tools found in the Services so that you don’t have to configure the service every time you visit it. For instance, this type of Cookies includes:
- Volume adjustments in video or audio players.
- Video transmission speeds compatible with your browser.
- Objects in your “shopping cart” in e-Commerce Services such as stores.
GEO-LOCATION COOKIES: These Cookies are used to find out what country you’re in when you request a Service. This Cookie is completely anonymous and is only used to adapt the content to your location. REGISTRY COOKIES: Registry Cookies are generated once the User has registered or, later on, when they open up a session and are used to identify the User in Services, for the following purposes:
- Identifying the User so that if a Service, the browser of the computer shuts down, and the User logs on to that service at another time or date, the User will still be identified, making browsing easier without having to log on again. This functionality will be curbed once the User presses the functionality “Close Session” which will delete the Cookie, causing the User to have to start a new session to be identified.
- Checking whether the User is authorised to access a certain Service; for instance, to take part in a contest.
- Additionally, some Services may use connectors with social networks such as Facebook or Twitter. When the User registers in a Service with social network credentials, it authorises the social network to save a permanent Cookie that remembers the User’s identity and it guarantees access to Services until it expires. The User may delete this Cookie and revoke access to such Services through social networks by updating their preferences in the social network in question.
ANALYSIS COOKIES: Every time a User visits a Service, a tool from an external provider (Google Analytics and Piwik and similar services that may be added if changes are made to the current list) generates an analysis Cookie in the User’s computer. This Cookie is only generated on visiting and will serve to identify the visitor anonymously in future visits to the PROSEGUR Services. The main purposes sought by this are:
- Allow the anonymous identification of browsing Users by means of a Cookie (identifies browsers and devices, not people) and, therefore, an approximate account of the number of visitors and trends over time.
- Anonymously identify contents that are visited the most and, hence, which are most attractive to Users
- Learn whether the User who is accessing is new or a repeat visitor.
- Important: Unless the User decides to register with a PROSEGUR Service, the Cookie will never be associated with any personal information that may identify the User. Such cookies will only be used for statistical purposes that help towards the optimisation of the User’s experience in the Website.
ADVERTISING COOKIES: This type of Cookies allow information to be gathered on the adverts shown to each anonymous User in the PROSEGUR Services. The cookie stores duration and frequency of visualisation of the different adverts, interaction with them, or browsing patterns and/or User behaviour that may help towards building a profile of advertising interests. This makes offering advertising that is akin to the Users’ interests possible. ADVERTISING COOKIES FROM THIRD PARTIES: Besides the advertising managed by the PROSEGUR Websites in its Services, the PROSEGUR Websites offer companies the possibility of showing adverts through third parties (“Ad-Servers”). In this way, these third parties can store Cookies sent by the PROSEGUR Services from the Users’ browsers, as well as accessing the information contained therein.
c) How to disable Cookies in the most common browsers:
It is usually possible to stop accepting the browser’s Cookies or stop accepting Cookies from a particular Service. All modern browsers allow their users to change their Cookies configuration. This configuration can usually be found in the ‘options’ or ‘Preferences’ section of the browser’s menu. The PROSEGUR Websites offer the User guidance on the steps they should follow to access the Cookies configuration menu and, given the case, private browsing for each of the main browsers:
- Internet Explorer: Tools -> Internet Options -> Privacy -> Configuration. For further information, please consult Microsoft Tech Support or your browser’s Help menu.
- Firefox: Tools -> Options -> Privacy -> History -> Customised Configuration. For further information, please consult Mozilla Tech Support or your browser’s Help menu.
- Chrome: Configuration -> Show advanced options -> Privacy -> Content configuration. For further information, please consult Google Tech Support or your browser’s Help menu.
- Safari: Preferences -> Security. For further information, please consult Apple Tech Support or your browser’s Help menu.
d) What happens if you disable Cookies:
Some functionalities of the Services will be disabled; for instance, remaining identified, keeping items in the “shopping cart” in an e-Commerce Service, receiving information aimed at your location or the viewing of certain videos. Updates and changes in privacy / cookies policy: The PROSEGUR Website may amend this Cookies Policy to meet legal demands and regulations, or with the aim of adapting the policy to the rules dictated by the Spanish Data Protection Agency. Users are advised to visit the Policy periodically. When significant changes in the Cookies Policy take place, Users will be informed through the website or through email in the case of registered Users.