PRIVACY POLICY
1. PERSON RESPONSIBLE FOR PERSONAL DATA PROCESSING
CERTEST BIOTEC, S.L, hereinafter referred to as “Certest”.
Address: Polígono Industrial Rio Gallego II, C/J, no. 1; PC. 50840, San Mateo de Gallego (Zaragoza).
Contact: legal@certest.es
2. PROCESSING OF PERSONAL DATA: PURPOSE AND LEGITIMATION
As described in European General Regulation 2016/679 (“GDPR”) and Organic Law 3/2018 (“LOPD”) on data protection, require that a person’s information (their “personal data”) can only be processed if one of the legitimizing bases specified in said regulations has been met. In this regard, article 6 of the GDPR establishes a list of legitimate grounds for which processing of personal data is justified.
A person’s decision to apply one or another legitimizing basis depends, in large part and essentially, upon the purpose for which they want to process personal data.
Therefore, at Certest, your personal data will be processed for the purposes and on the grounds described below.
A) In the first place, we would like to carry out a series of processing steps because we have a “legitimate interest” in them and, in addition, because we understand that the procedures will not affect your privacy. We have, therefore, conducted what is known as a “balancing test” at Certest. We are conducting this internal analysis in order to confirm that our legitimate interest does not prejudice the interests of our users regarding the protection of their personal information. Simply put, to make sure your privacy is not compromised. Having completed this test, we confirm that Certest Biotec, S.L. has a legitimate interest in this matter.
Regarding these processing steps, our users are in any case entitled to (i) obtain further information regarding what constitutes this “legitimate interest”, (ii) to receive an explanation of how we have determined that they are not harmful to their privacy, or (iii) to oppose them directly. Using our guidelines below, you can indicate the specific processing you oppose as well as the reasons for your opposition.
Please note guidelines below:
a) Management of queries, complaints, incidents, claims, and requests submitted by the user via the Contact form or through Certest’s corporate email address. The processing of data by Certest will be carried out for the purpose of addressing the user’s request. This process involves processing personal information, including your name, surname, employer, e-mail address, telephone number, province, postal code, and whether the individual is a Certest customer.
b) Computerised control of the web page. In order to prevent and detect any fraudulent use (such as technical manipulations, code modifications…), Certest will carry out actions to monitor and control the website’s use. This will help prevent, detect and/or avoid unauthorized access to the website, alterations or loss of such information related to third parties other than the user that may result in legal, criminal, or administrative repercussions for Certest.
B) Our team will not be able to address other issues without your prior authorization. We refer to processing that is based on the consent of the interested party, that is, our users. This means that we will not perform such actions without their consent. In such cases, we will inform you in advance of the purposes and methods of use of your personal information, which will enable you to determine how to handle it. The foregoing may occur in the below situations:
c) Management of commercial communications and subscription to our Newsletter. In the event that you give us your consent, Certest may send you information about events, collaborations, and company services, along with our Newsletter, as long as you do not expressly indicate your desire to unsubscribe.
d) Management of the staff selection process for companies of the Group. When you submit your curriculum vitae, you hereby consent to its evaluation and analysis internally for the process to which you are applying, as well as its management and transmission to any Company within the Group, which will consider it in the same manner as the selection process for which you applied.
In the first case, said information will only be kept while the selection process you are interested in is ongoing. As for the second case, and also if the application is an open application without reference to a specific selection process, your data will be retained for a maximum of 3 years after you submit your professional profile.
You can withdraw your authorization at any time without any consequences. In any case, we would like to reassure you that in the event you withdraw your authorization, through the email legal@Certest.es, everything that has been undertaken up to this point will still be legal.
C) We may need to process your personal data in order to comply with certain legal obligations that apply to us. In particular, it is important to comply with requests for information from Security Forces and Bodies as well as Courts and Tribunals. In accordance with current legislation, Certest Biotec, SL is obligated to fulfil these legal obligations even after unsubscribing from our Newsletter service. Generally, the 3-year term of the LOPD applies.
D) Last but not least, we will carry out certain data processing for public interest reasons. We refer to the storage and processing of video surveillance data inside our facilities. In accordance with the information clause regarding video surveillance, available at reception, this data processing, which is intended to ensure the safety and integrity of our facilities, equipment and people, will be carried out.
3. STORAGE PERIOD FOR PERSONAL DATA
The Certest team will keep your personal data for as long as needed to respond to your queries and requests, or if you have given us permission to send you our Newsletter, until the user unsubscribes. Certest will also continue to process your personal data as necessary to comply with any legal obligations that may be imposed upon it, during the period imposed in each case by the applicable regulations.
Upon expiration of these periods and before the personal data is destroyed, Certest will retain your personal data so that possible claims can be handled and the data can be accessible to the relevant authorities throughout the legal limitation period. In these cases, we will adopt the necessary technical and organizational measures to ensure that the information is only used for this purpose.
4. TRANSFER OF PERSONAL DATA
It is our policy not to disclose the personal data of our users to third parties, unless it is legally necessary to do so, or unless the user has authorized the sharing of their CV with the other companies within the Certest Group (authorization link).
Certest will also collaborate with third-party service providers to ensure that the service it provides and the personal information of its users are properly managed, as well as to process the data on behalf of Certest as a consequence of the provision of services. Third-party service providers may have access to the users’ personal data. Through the corresponding data processing contract, Certest will impose on them the following obligations, among others: apply the appropriate technical and organizational measures; use personal data solely for the agreed-upon purposes, and only in accordance with Certest’s documented instructions; and delete or return the data to Certest after the provision of services ends.
5. DATA SOURCE
Certest processes personal information about its users through its website based on the information they provide in the forms they fill out or requests/communications made by interested parties via social networking sites, email, or telephone.
Whenever necessary, Certest obtains the consent of users through consent boxes located on the online forms.
6. RECTIFICATION, DELETION, CANCELLATION AND CLAIM RIGHTS
We inform you that a user has the right to obtain confirmation if we are processing their personal data, and, in such a case, to gain access to that data. As well as requesting its correction if it is inaccurate, you can also request its deletion, where appropriate, when the data is no longer necessary for its original purpose, among other reasons.
A user may request that their data be limited in certain circumstances, in which case we will retain their data only for the purposes of exercising or defending claims.
Additionally, the user may, at this time or at any time thereafter:
Request the portability of their data so that it is sent directly to the entity they designate, in a format that is structured, easily understandable, and commonly used.
Withdraw consent granted for data processing.
Make a complaint about the handling of their personal information.
Accordingly, we will not carry out fully automated data processing with legal effects or significant effects on the user’s personal data in accordance with article 13 and 22 of the GDPR and 11 of the LOPD.
For exercising the rights described in this section, the user may contact the Certest Data Protection Officer via email at: legal@Certest.es
The user may complain to the Spanish Agency for Data Protection (Competent Control Authority in this matter), especially if they have not reached their goal at the time of exercising their rights. The address to send such complain is C/ Jorge Juan, number 6, 28001 – Madrid, or they can contact it online at https://www.agpd.es.
7. COOKIES
Finally, we would like to inform you that our website uses cookies. A cookie is a small file that collects information about your browsing activity on the internet. In our COOKIE POLICY, you will find all the information you need about how we use cookies and the data we collect while you browse our website. The purpose of this document is to provide information regarding what personal information or data we collect, how we use it, and what you can do about it.
In addition, you can visit the website http://www.allaboutcookies.org for more information about cookies and how you can prevent them from being installed.
TERMS AND CONDITIONS OF USE
1. INTRODUCTION
“Certest Biotec, S.L.” is a commercial company with Spanish nationality whose headquarters is at Polígono Industrial Rio Gallego II, C/J nº 1., CP 50840- San Mateo de Gallego (Zaragoza). Its T.I.N./V.A.T. code is ESB50946854 and is registered in the Commercial Registry of Zaragoza, in Volume 2881, folio 40, section 8, page Z-32629 (hereinafter referred to as “Certest”). This company is the owner of the webpage https://www.certest.es.
Your contact data are legal@certest.es. 976.520.354.
The company consists of several Business Units, each of which performs its activities independently. Moreover, it is possible that some of the Units may have their own websites which can be accessed both through the Certest website as well as independently through the URL of each unit.
All Certest websites, whether this website or any other website or subdomain of Certest, are subject to these terms and conditions of use, regardless of the Business Unit that manages them (all of them hereinafter are referred collectively as the “Website”).
2. PURPOSE AND SCOPE
The purpose of this Legal Notice is to establish the legal terms and conditions for access, browsing, and use of the Website and its contents (hereinafter referred to as the “Terms”).
In this context, “user” refers to any individual who uses, accesses, browses, or utilizes the services and activities available on the Website, whether they are free of charge or not.
Similarly, the term “content” will be understood as including, without limitation, texts, graphics, drawings, designs, codes, software, photographs, music, videos, audiovisual works, sounds, databases, images, expressions and information, as well as any other work or creation protected by national law and international treaties regarding intellectual and industrial property.
As a user of the Website, you will have access to a variety of information, services, content, and data, which will be made available to you, free of charge. Certest reserves the right to change the presentation, configuration, and location of the Website as well as its contents, products, and services at any time.
3. ACCEPTANCES OF LEGAL TERMS AND CONDITIONS
Using the Website in any way entails or implies acceptance by the user of the Terms as stated in this Legal Notice. Certest reserves the right to make changes at any time. In addition, without renouncing the right to accept or reject the installation of Cookies on the Website, or the right to process personal data of users subject to their consent, which are subject to the Cookie Policy and Certest Privacy Policy, respectively.
Therefore, each user is responsible for reading the Terms of the Website each time they access it.
You should refrain from visiting and/or using this Website if you do not agree with its Terms.
4. WEB CONTENT USE
The user undertakes to comply with these Terms and any special warnings or instructions for use contained in them. In addition, the user undertakes to always adhere to the law, morals, good customs, and the requirements of good faith and established public order. By using the Website, the user agrees to proceed with due diligence and refrain from doing anything that could prevent, damage or deteriorate the normal operation of the Website, Certest, other users, or third parties in general.
There is information on the Website that has been prepared by Certest solely for informational purposes.
Unless otherwise stated, and as long as the user meets all the obligations outlined in these Terms, the user is authorized to see, copy, print, and distribute (but not modify) the contents of this Website, provided that: (i) the use is for non-commercial purposes, and (ii) whenever the content is reproduced or shared, a notice of Intellectual Property, or other attribution associated with it, indicating that Certest owns the reproduced and/or shared material must be included, necessarily and without exception. Users are required to respect the integrity of the content, information, and services available on the website at all times.
However, the user is not authorized to copy, use, modify, adapt, distribute, or publicly communicate any software, proprietary technology, or proprietary processes described or incorporated in this Website.
It is the user’s responsibility to comply with all applicable laws regarding accessing and using this website.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
Except stated otherwise, the content of this Website is provided by Certest, the entity who owns the rights to utilize said content.
In accordance with European and American laws, this Website and its content are protected by intellectual property rights. Certest reserves all rights not expressly granted in these terms and conditions. Access to the website does not imply any type of waiver, transmission, license, or total or partial assignment of the rights involved.
Certest, Certest Biotec, Certest bioSCIENCE, Certest Rapid Test, Turbilatex, VIASURE Real Time PCR Detection Kits, Certest CLIA, Certest VACCINES, BioSynProbes, and all logos created by Certest, S.L. and its group of companies, as well as all language variations of the above-mentioned brands and certain product names appearing on this website (collectively referred to as “Certest Brands”) are trademarks or registered trademarks of Certest Biotec, S.L. The use of any of these “Certest Brands”, whether alone or in combination with other words or design elements, in marketing or communication, whether written, spoken, electronic, visual or any other method, is prohibited, except as expressly stated in these terms of use. This includes press releases, advertisements, and all other promotional material.
The use of trademarks belonging to third parties on this website is for identification purposes only, and does not imply endorsement of the content or the website. This agreement does not grant any right to use brands belonging to third parties.
Other than the rights expressly provided for and expressly granted herein, these Website Terms do not grant users any additional rights to use, transform, exploit, reproduce, distribute, or public communicate the Website or its Contents. Unless otherwise authorized by Certest or the third-party owner of the rights affected, any other use or exploitation will be subject to prior and express authorization.
6. PERSONAL DATA PROTECTION
A number of the services require users to provide certain personal data in advance, including use of the contact form and submission of a curriculum vitae. As a consequence, Certest is committed to protecting the personal data concerning users in accordance with all data protection regulations.
In any case, Certest guarantees that (i) it will make available to the user the information required by the applicable data protection regulations, which will be carried out before the user is provided with the information; and (ii) it will request their consent, clearly and affirmatively, for those processes requiring it. Through the following link, users can access Certest’s Privacy Policy to learn more about the data protection information applicable to this Website.
Furthermore, the user ensures Certest that the personal data provided by them is accurate and their own, and in no way violates the rights or freedoms of others. Nevertheless, if the user provides Certest with personal information from third parties, the user guarantees that the third party has been informed about Certest’s Privacy Policy and that they have previously given their consent to the transfer of their personal information to Certest.
Similarly, Certest informs the user that it uses information recovery and storage devices (“Cookies”) through this Website, so long as the user authorizes the use of these cookies for those categories that, due to their purpose, require their prior consent. In all cases, the user can access to the Cookie Policy through the following Link.
Users may obtain information regarding the processing of their personal data and/or the installation and use of Cookies by contacting legal@certest.es
7. RESPONSIBILITIES AND GUARANTEES
The purpose of this Website is to provide general information only, and not to (i) provide any services other than access to this Website, (ii) acquire products generally, or (iii) serve any other purpose other than that of serving as an information source.
Access to this Website is provided, in principle, on an indefinite basis.
However, Certest does not guarantee continued access, nor does it guarantee correct display, downloading or use of the elements and information contained on the Website if certain factors or circumstances are preventing, hindering or interrupting the access. In the event that Certest detects the use of its Website or any of the services available on it in violation of these Terms, it may cease the service or terminate the relationship with the user immediately.
In this regard, Certest disclaims any responsibility for damages, losses, claims, or expenses resulting from:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause outside the control of Certest;
Using malicious programs of any kind or by any means of communication, such as computer viruses or any other means, in order to make illegal intrusions into the system;
The improper or inappropriate use of the Certest website;
Experiencing security or navigation errors when the browser is malfunctioning or when the browser is not updated. Any content or information on the Website may be withdrawn, either fully or partially, at any time by the Certest administrators.
Using this Website is at the user’s own risk, and the user accepts all responsibility and risk associated with its use, including expressly, without limitation, the loss of services or information. Certest shall not be liable for any direct, indirect, incidental, consequential or punitive damages, or any other damages, whether caused by the performance of a contract, clause, or any other action in connection with, or as a result of, use of the Website, even if such damages were reasonably foreseeable.
Additionally, Certest does not bear any responsibility for the information or content that may be gathered as a result of the data collection forms.
In spite of the foregoing, Certest declares that all necessary measures are taken and will be taken, where appropriate, within the capabilities of the company and within the limits of technology, in order to ensure that the Website functions correctly and that viruses and other harmful components are not transmitted to Users.
There may be links on this Website that direct to third-party web pages, resources and tools that are not under the control or authority of Certest. It should be noted that Certest does not provide any guarantee, either tacitly or expressly, regarding the content of said websites, nor the resources or tools that are available on those websites as well as the links they provide. These resources, content, and tools should not be viewed as being endorsed by Certest or by any other third party.
Furthermore, the aforementioned exemptions and limitations of liability will apply to any Certest entity and its employees as well.
All exemptions and limitations of liability stated above are applicable to the fullest extent allowed by law.
If, however, the Contents or services of this Website are illegally accessed or used, the user will be responsible for any damages caused and Certest may seek compensation.
8. ADDITIONAL TERMS
It is possible for Certest to make changes to these terms of use at any time, unilaterally and without notice, by posting those revisions on this website in the terms of use section or elsewhere thereon. Unless otherwise stated, all such revisions will be effective upon posting. In accordance with section 3 herein, the mere act of accessing or using the Website thereafter implies acceptance of the Terms in force at the time. Consequently, it is the responsibility of the user to review the Website and to be aware of any revisions to its terms of service.
Certest shall not be liable in the event that it is unable to provide access to the Website for any reason due to extended interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellions, explosions, flooding, acts and omissions of the Government, or, in general, all cases of force majeure, in accordance with current legislation and its jurisdictional application.
The company reserves the right to take any legal action necessary in the event that it detects, by any means, a breach of these Terms or improper use of the website. Certest’s failure to exercise or enforce any right or provision provided for in these Terms shall not be construed as a waiver of that right or provision.
In the event a jurisdiction invalidates or finds these terms and conditions unenforceable, in whole or in part, the remainder of these terms and conditions will remain in full force and effect. Moreover, all of these terms of use will remain in full force and effect in any other jurisdiction if this occurs.
Whenever a controversy arises related to these Terms, including any question relating to their existence, validity, interpretation, compliance or termination, such shall be resolved conclusively through arbitration under Spanish Law, presided by the Arbitration Court of Madrid’s Chamber of Industry and Commerce, in accordance with the Arbitration Rules of this Chamber at the time the arbitration request was submitted.
