Cookie Policy

1. INTRODUCTION. ACCEPTANCE OF TERMS AND CONDITIONS 

This document (together with all the documents mentioned herein) establishes the conditions governing the use of PORTVIEW PLATFORM (the "Platform") and the contracting of services (hereinafter, the "Conditions"), regardless of the application, digital media, support or device through which it may be accessed.  

Please read these Terms and Conditions and our Privacy and Cookie Policy ('Privacy and Cookie Policy') carefully before using our application or website.  

By using our platform you agree to be bound by these Terms and our Privacy and Cookies Policy, so if you do not agree with all the Terms and the Privacy and Cookies Policy, you should not use either. However, the owner of the site may, without prior notice, modify these conditions when it deems necessary for its proper functioning. 

2. GENERAL INFORMATION 

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the following data of the responsible are reflected below: 

  • Corporate name: Port Software Solutions, S.L. ("PORTVIEW") 
  • TAX ID: B44608495 
  • Registered office: C/ Marques De Sotelo 137 21 46003 - Valencia 
  • Registration data: Registered in the Mercantile Registry of Valencia, Volume 11308, Book 8586, Folio 41, Section 8ª, Page V 208867, 1st Inscription. 
  • E-mail: [*] 

3. MODIFICATION OF CONDITIONS 

PORTVIEW may unilaterally change any part of the Terms without prior notice to you to reflect any regulatory changes, changes in the features of the Platform and/or the services offered therein or for any other reason. 

Once the updated Terms are in effect, you will be bound by them if you continue to use the Platform. 

4. PURPOSE OF THE PLATFORM  

The Platform is a software designed to facilitate the management and booking of port moorings.  

To achieve this purpose, the Platform requires the authorization of certain permissions during installation, as well as access to certain information contained in your mobile device. Specifically the location or location and the library of your mobile, as they will be accessed since they are necessary for the proper development of the functionality of the application. 

The Platform also offers the service of scanning documentation and sending reminders about renewals and other relevant facts on the scanned documents. The responsibility for the scanned documentation belongs to the user and in no case PORTVIEW assumes any liability for the detection of erroneous information from the scanning of documents. The user shall check the data obtained from the scan and correct any erroneous data.  

5. PLATFORM ACCESS AND CHANGES 

Access to the Platform does not require prior registration of Users. However, to consult certain contents of the Platform as well as use the mooring management service and receive newsletters, it will be necessary for the User to register following the appropriate procedure. 

To register you must have full capacity to act. If you are a minor, you must have the express authorization of your parent or guardian.  

When you register in the Platform:  

  • you must ensure that the data entered during the registration process is accurate, current, truthful and complete; 
  • you agree to receive communications from PORTVIEW electronically; 
  • keep your account, ID and password confidential and secure;  
  • you will contact PORTVIEW immediately if you believe someone has used or is using your account without your permission; and  
  • you will be responsible for all activity on your account.  

Your account is personal and non-transferable, that is, it cannot be sold, transferred, assigned, leased in whole or in part to any third party. 

PORTVIEW may update, change, suspend, discontinue or restrict the availability of the Platform or any Content at any time for any reason. PORTVIEW does not warrant that the Platform or any Content will always be available or accessible without interruption. 

PORTVIEW may terminate or suspend your account at any time in its sole discretion. It may also cancel and remove any Content at its discretion. PORTVIEW may, but is not obligated to, proactively review Content, data entered on the Platform, reports or complaints of possible violations or non-compliance to ensure compliance with these Terms. In case of non-compliance, PORTVIEW may terminate the account of the non-compliant User. 

6. INDEMNITY 

PORTVIEW does not exercise any control over the content or data provided by the User, nor does it assume any responsibility for the same nor does it have any obligation to supervise or monitor the content or data.  

The User is solely responsible that the scanned documents, content or data provided complies with the terms indicated in the previous section, so you will be solely responsible for any damage PORTVIEW suffers as a result of non-compliance or misrepresentation of such terms. Consequently, you will hold us fully harmless from any claim arising from or related to the content or data provided on the Platform. 

7. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS 

All applications or software that make PORTVIEW possible, including the design of the website, its databases (including that of templates or document models), navigation structure, texts, images, animations, logos or names, are owned by PORTVIEW or, when indicated, correspond to third parties who authorize their use and integration in the Platform, and are protected by the laws and treaties on intellectual and industrial property. 

Any reproduction, transformation, distribution of such content, as well as any act of decompilation or reverse engineering, other than viewing, reproducing or editing documents, is forbidden. Under no circumstances is the extraction, reuse or exploitation of such content permitted when it involves acts contrary to the normal exploitation of such content, especially its use for commercial or promotional purposes outside PORTVIEW or when it harms PORTVIEW's moral rights or PORTVIEW's exploitation rights. 

The user expressly acknowledges that the industrial property of the Platform belongs to PORTVIEW, and undertakes to respect these rights and not to dispute or question their validity. 

8. CORRECT USE OF THE PLATFORM AND RULES OF CONDUCT 

As a user of the Platform you agree to comply with the following terms of use:  

  • Not to use the Platform in any way, form, purpose or effect contrary to law, morality and generally accepted good customs or public order. 
  • Not to use the Platform except for your personal use and not to sell, assign, transfer or share your account or any content obtained from your use of the Platform to anyone. 
  • Not to carry out acts that may infringe any intellectual or industrial property rights belonging to PORTVIEW or third parties. 
  • Not to reproduce, copy, record, share, communicate, distribute, allow access to the public through any form of public communication, transform or modify the content or create derivative works of any content. The only authorized use of the Content is that permitted as provided in the Terms.  
  • Not to use the information of any kind obtained through the Platform to send advertising, communications for direct marketing purposes or for any other commercial purpose.  
  • Do not impersonate another person or organization. 
  • Do not use disrespectful or offensive language or use the Platform to intimidate, harass or threaten anyone.  
  • Not to present, quote and recommend companies or web portals and in general not to carry out marketing or spamming actions.  
  • Do not upload, post, display or share any content that:  
  • gives the impression that it is approved, endorsed or supervised by PORTVIEW; 
  • contains or refers to personal data or information of any person;  
  • show, include or refer to any person if his or her express consent has not been obtained; 
  • advertises or publicizes goods, services or image of third parties; 
  • is unlawful, fraudulent, defamatory, discriminatory, threatening, harassing, encouraging or promoting violence or any illegal activity; 
  • depicts, promotes or refers to violence in any form, drugs, weapons, scatological material or similar content; 
  • contains, promotes or refers to any hate speech against any individual or group; 
  • promotes or is related to commercial activities or sales of third parties. 
  • Not to use or engage in conduct that is misleading or deceptive to any User. 
  • Do not impersonate PORTVIEW or its employees, another User or suggest any associative or commercial relationship with PORTVIEW. 
  • Not to knowingly introduce into the Platform any element that could be malicious, such as viruses, Trojans, etc. 
  • Do not attempt to discover in any way the source code of the Platform. 

9. OBLIGATIONS OF THE USER  

The user declares to know and accept that: 

  • The user is responsible for the safekeeping of the password and must contact PORTVIEW in case of theft, loss or improper use of the password by third parties. Otherwise, the user will be responsible for the consequences or damages that a fraudulent or inadequate use of the same may cause. 
  • You are the only person directly responsible in connection with the booking of moorings through the PORTVIEW portal. 
  • It is solely responsible for the data of the crew members of the vessel that are included in the Platform. 
  • He/she is solely responsible for the validity and effectiveness of the information included in the platform, as well as for the reality of the data contained therein, with absolute indemnity for PORTVIEW derived from possible errors, omissions, incorrectness or any other cause, including viruses that may be incorporated in the information exchanged. 
  • The user acknowledges and accepts, voluntarily and expressly, that the use of the Platform is under his sole and exclusive responsibility at all times. 
  • The user shall be solely responsible for having the equipment and connections to PORTVIEW's systems that enable the Platform to be made available. PORTVIEW shall not be responsible for any such equipment and connections. 
  • Users must refrain from obtaining or attempting to obtain any information available under the Platform through means or procedures other than those that have been made available or indicated for such purpose. 
  • The user agrees to make a reasonable, lawful and bona fide use of the Platform under the terms provided in these terms and conditions. 
  • User shall not attempt to, nor shall User permit any third party to, copy, modify, adapt, translate, decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the Platform, or create derivative works of the Platform.   

10. PORTVIEW'S RIGHTS AND PORTVIEW'S DISCLAIMER OF LIABILITY  

PORTVIEW has the following rights: 

  • We may unilaterally terminate your agreement with us and your access to the Platform for any reason by giving you two (2) days' notice by email or message to your account. We may also suspend access to your account or terminate your agreement with us and your access to the Platform immediately and without notice in the following cases: 
  • If you have breached or we believe that you have breached any of the Terms or any applicable law. 
  • If you take any action which, in our opinion, has caused or is likely to cause a loss to PORTVIEW or damage our reputation. 

PORTVIEW is not responsible:  

  • Of scanned documents, content or data posted on the Platform or the opinions of any User.  
  • To identify the crew members of the vessel.  
  • The use that users make of the materials available on the Platform that infringe any rights of third parties. 
  • The requirement by the port authorities to provide more documentation or communicate more data in order to disembark.  
  • For damages caused to Users due to the impossibility or inability to use the Platform or any of its services or functionalities, due to normal or abnormal operation of the Platform tools and access to the Platform services and, in general, for errors or problems generated in the development or implementation of the Platform technical services. 
  • Of the contents of the web pages to which users can access from links included in the Platform. 
  • The acts or omissions of other users or third parties, regardless of whether these third parties may have any contractual relationship with PORTVIEW. 
  • For damages that may result from the presence of viruses or other harmful elements on the Platform. Users must use their own antivirus software. 
  • Errors or delays in access to the Platform by users.  
  • Of Internet availability or errors or incidents in connections, devices, equipment or software.  
  • The compatibility of the Platform with all devices and operating systems. 
  • To keep the Platform constantly operational. 
  • The loss, theft or impossibility to access for any reason to the user's account.  
  • Of the information contained in the library of your mobile and whose access is necessary for the proper functioning of the Platform.  

Any warranty that may apply to PORTVIEW or the Platform that is not expressly stated in the Conditions or that is mandatory by law is expressly excluded. 

PORTVIEW nor any of its affiliated companies, employees, partners, service providers, administrators or collaborators shall not be liable for any damage or loss (including loss of money, revenue, profits, business opportunities, lost profits, direct, indirect or consequential damages) arising out of or in connection with the use of the Platform. 

11. LINK TO AND FROM THE PLATFORM 

PORTVIEW does not guarantee or assume any liability whatsoever for damages and losses suffered by accessing the Platform through connections, links or links to third party sites. 

You may link to the Platform's home page, provided you do so in a way that is legal, clear, transparent and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to imply any form of approval, association or endorsement by PORTVIEW. It is expressly forbidden to introduce hyperlinks for commercial purposes on non- PORTVIEW websites that allow access to the Platform without the express consent of PORTVIEW. 

In the event that the Platform contains links to third party sites and resources, such links should not be construed as an endorsement by PORTVIEW of those websites or the information they may contain. PORTVIEW accepts no responsibility for the content of such sites or resources, for their security or, consequently, for any loss or damage that may arise from accessing them. If you decide to access any of the third party websites linked to the Platform, you do so at your own risk and subject to the terms and conditions of such websites. 

12. GENERAL 

Our failure to exercise a right, make a claim or enforce any aspect of the Terms shall in no way be construed as a waiver by PORTVIEW. 

If any aspect of the Terms is unenforceable, the remainder shall remain in effect. 

PORTVIEW's rights and obligations may be freely assigned to third parties. Users' rights and obligations may not be assigned to third parties without the prior written consent of PORTVIEW.  

13. DATA PROCESSING AND USE OF COOKIES 

In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights and the General Personal Data Protection Regulation 2016/679 of the European Parliament and of the Council, we inform you that the personal data you provide through the Platform or by sending emails, will be incorporated into PORTVIEW's files and processing for the purposes described in the Privacy Policy, which must be read, understood and accepted for the use of the Platform.  

PORTVIEW is committed to complying with the obligation of secrecy of personal data. Therefore, it has adopted the necessary measures to avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology at all times.  

In the forms that collect personal data, each user will be informed about the purposes for which the data are collected. The user will be responsible, in any case, for the veracity of the data provided.  

On the other hand, we inform you that visiting the Platform does not automatically record any personal data that identifies a user. On the other hand, there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the Platform to then be able to make improvements. All users must consult our Cookies Policy to navigate the Platform. 

In any case, all users have the right to exercise, at any time, their rights of access, rectification, limitation of processing, suspension, opposition and data portability, by writing to PORTVIEW at privacidad@ports.tech. If you consider it necessary, you may file a complaint with the Spanish Data Protection Agency.  

14. APPLICABLE LAW AND JURISDICTION 

These CONDITIONS shall be governed by and construed in accordance with the laws of Spain and shall be subject to the Courts of the city of Valencia and its hierarchical superiors.