1. General Information

This Legal Notice governs the use of the website [**] (hereinafter, the ‘Website’), owned by Exeltis Healthcare, S.L., part of Exeltis Pharmaceuticals Holding, S.L. (‘Exeltis’), a company incorporated under Spanish law, with Tax ID number B-62049911 and registered office at Avenida de Miralcampo, 7, Azuqueca de Henares, 19200, Guadalajara (Spain).

Exeltis and all its subsidiaries located in Spain, the European Union or third countries belong to the Insud Pharma Group (hereinafter, the “Insud Pharma Group”). For more information about the Insud Pharma Group or Exeltis subsidiaries, click here.

Exeltis welcomes you and invites you to carefully read the Legal Notice of this Website, which describes the terms and conditions that will apply to your browsing of the site, as established by applicable Spanish law. Given that Exeltis may make changes to this Legal Notice in the future, we recommend that you visit it periodically to stay informed of any changes made.

In order to ensure that the use of the Website complies with the criteria of transparency, clarity and simplicity, you (hereinafter, the ‘User’) may inform us of any suggestions, queries or questions regarding the Legal Notice, which will be received and resolved by contacting Exeltis at the email address dataprotection@insudpharma.com

2. Purpose

Exeltis provides the content and services available on the Website subject to this Legal Notice, as well as its Privacy Policy and Cookies Policy.

Access to this Website or its use in any form grants you the status of User and implies unreserved acceptance of this Legal Notice, available on the Website, with Exeltis reserving the right to amend it at any time. Consequently, it shall be the responsibility of all Users to carefully read the Legal Notice in force each time they access this Website. If you do not agree with any of the terms and conditions established herein, you must refrain from using this Website.

The purpose of this Website is to provide information about cosmetic and personal care products. Under no circumstances is the purpose of the Website to invite, advise, recommend or suggest medical decisions or actions to Users. Therefore, Users who decide to access this Website, provide information and/or make medical decisions do so on their own initiative and under their responsibility.

3. Website access and security

The User is aware of and voluntarily and expressly accepts that the use of the Website is in all cases under their sole and exclusive responsibility. Exeltis takes reasonable security measures to detect the existence of viruses.

However, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, Exeltis cannot guarantee the absence of viruses or other elements that may cause alterations in the User´s computer systems (software and hardware) or in their electronic documents and files contained therein.

4. Website content

Exeltis offers the User the possibility of:
• Obtaining detailed information about Frezyderm products, as well as points of sale and marketing;
• Contacting Exeltis via email or the means provided.
• Becoming familiar with the conditions of the Website, through the Privacy Policy, this Legal Notice and the Cookies Policy.

5. Use of Content

All information provided by the User must be accurate. For these purposes, the User guarantees the authenticity of all data provided through the contact forms and in their communications with Exeltis. Similarly, it shall be the User´s responsibility to keep all information provided permanently updated so that it reflects the User´s actual situation, at all times. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to Exeltis or third parties by the information provided.

The User undertakes to use the content made available on the Website, including, but not limited to, text, photographs, graphics, product information, images, icons, technology, software, links and other audiovisual or audio content, as well as its graphic design and source codes (hereinafter, the ‘Content’), in accordance with the law, this Legal Notice, and other notices, regulations on use and instructions made known to them, and in accordance with generally accepted standards of morality, good practice, and public order.

The User must refrain from obtaining or even attempting to obtain the Contents by using means or procedures other than those, depending on the case, that have been made available for this purpose on the Intranet where the Content can be found or, in general terms, those that are typically used on the Internet for this purpose provided that there is no risk of damage or making the Intranet and/or Contents unusable.

The User also accepts that the information collected on the Exeltis Website regarding product ratings, opinions and/or information related to women´s health issues is strictly a  reflection of the assessment made by Exeltis or users, and that under no circumstances is such rating and/or assessment intended to influence the opinion of the User or third parties. Any opinion and/or assessment that the User may make about the events and news examined shall be at their sole responsibility.

6. Data Protection and Cookies Policies

The personal data provided by the user to access and/or during the use of the Website will be processed in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation), and the purposes set out in the Privacy Policy. Please read this document carefully before accessing the Website.

7. Intellectual and industrial property

The User acknowledges and accepts that all content displayed on the Website, and in particular designs, text, images, logos, icons, buttons, software, trademarks, trade names, brands, or any other signs susceptible to industrial and/or commercial use, are subject to intellectual property rights and are the exclusive property of Exeltis and the Insud Pharma
Group.

Under no circumstances does access to the Website imply any kind of waiver, transfer, licence or total or partial assignment of said rights, unless expressly stated otherwise. This Legal Notice does not grant the User any other rights to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any right shall be subject to the prior express authorisation specifically granted for that purpose by Exeltis or by the third party holding the rights in question.

It is prohibited to remove, circumvent and/or manipulate the copyright, technical protection devices or any information mechanism that the content may contain. Users of this Website undertake to respect the rights set forth herein and to refrain from any action that could infringe them. Exeltis reserves the right to exercise any legal means or actions available to it in defence of its legitimate intellectual and industrial property rights.

8. Obligations and responsibilities of the Website User

The User agrees that they may not use the Website for any purpose that infringes the provisions of this Legal Notice. The User is liable for their use of the Website. Furthermore, the User must comply with any other obligations established in applicable legislation.

The User must also: (i) provide all the technical means and requirements necessary to access the Website and use the services available through it; and (ii) provide accurate information when filling in the forms contained on the Website with their personal data and keep them updated at all times so that they reflect the User´s actual situation. The User shall be solely liable for any false or inaccurate statements made and for any damage caused to Exeltis by the information provided.

The User shall also refrain from:

  1. Making unauthorised or fraudulent use of the Website and/or its contents for purposes or effects that are unlawful, prohibited in this Legal Notice, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or documents, files and all types of content stored on any computer equipment;
  2. Accessing attempt to access restricted resources or areas of the Website without complying with the conditions required for such access;
  3. Causing damage to the physical or logical systems of the Website, its suppliers or third parties;
  4. Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of Exeltis or third parties;
  5. Attempting to access, use and/or manipulate the data of Exeltis and other Users, reproduce or copy, distribute, allow public access through any form of public communication, transform or modify contents, unless authorised by the owner of the corresponding rights or it is legally permitted to do so;
  6. Deleting, hiding or manipulating notes on intellectual or industrial property rights and other data identifying the rights of Exeltis, the Insud Pharma Group or third parties incorporated into the content, as well as technical protection devices or any information mechanism that may be inserted into the content;
  7. Obtaining or attempting to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the websites where the contents are located or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents;
  8. In particular, and by way of example and without limitation, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
  • Is contrary to, disparages or infringes upon fundamental rights and public freedoms recognised in the Constitution, international treaties and other legislation in force;
  • Induces, incites or promotes criminal, defamatory, violent or, in general, unlawful actions that are contrary to the generally accepted standards of morality, good practice, and public order;
  • Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
  • 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 the law and generally accepted standards of morality, good practice, and public order;
  • Induces or is likely to induce an unacceptable state of anxiety or fear;
  • Induces or encourages involvement in practices that are dangerous, risky or harmful to health and mental well-being;
  • Is protected by intellectual or industrial property legislation applying to Exeltis or the Insud Pharma group, and the intended use has not been authorised. Pharma group, and the intended use has not been authorised;
  • Is contrary to the honour, personal and family privacy or self-image of individuals;
  • Constitutes any type of unauthorised advertising;
  • Includes any type of virus or program that prevents the normal functioning of the Website.

9. Disclaimer of warranties and liability

Exeltis shall be responsible for ensuring the proper functioning of the Website, except in cases of force majeure, avoiding technical problems and any other action that may limit and/or partially interrupt the possibilities of use by Users.

Exeltis does not guarantee continuous access to, or the correct viewing, downloading or usefulness of the elements and information contained in any of the sites linked to this Website, which may be impaired, hindered or interrupted by factors or circumstances beyond its control. Exeltis assumes no liability for any decisions that may be made as a result of accessing the content or information offered through these linked sites.

Exeltis may interrupt the service or immediately terminate the relationship with the User if it detects that the use of the Website or any of the services offered is contrary to this Legal Notice. Exeltis assumes no liability for any damages, losses, claims or expenses arising from the use of the Website. It shall only be responsible for removing, as soon as possible, any content that may cause such damage, provided that it is notified of such. In particular, it shall not be liable for any damages that may arise from, including but not limited to:

  1. Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of Exeltis;
  2. Illegal interference through the use of malicious programmes of any kind and through any means of communication, such as computer viruses or similar;
  3. Improper or inappropriate use of the Website; security or navigation errors caused by a malfunction of the browser or by the use of outdated versions of the browser;
  4. Exeltis assumes no liability for damages of any kind that may arise from the misuse of the services freely available and used by Users of the Website. Furthermore, Exeltis shall be held harmless from any liability for content and information that may be received as a result of the unlawful or incorrect use of said services.

Exeltis is not responsible for the content and opinions of third parties posted on its Website or for the information contained on third-party websites that can be accessed via links or search engines, as the purpose of these is solely to inform the User of the existence of other sources of information on the Internet, and in no case does this imply any suggestion, invitation or recommendation regarding these. Therefore, Exeltis may not be held responsible for the results obtained through these third-party links.

Exeltis is under no obligation to monitor and does not monitor Users´ use of the Website and its Content. In particular, it does not guarantee that Users will use the Website and the Content in accordance with this Legal Notice, or that they will do so diligently and prudently. Nor is Exeltis obliged to verify, and does not verify, the identity of Users or the accuracy, validity, completeness and/or truthfulness of the data provided by Users.

Exeltis is exempt from any liability for damages of any kind that may arise from the use of the content by users or from the lack of accuracy, validity, completeness and/or truthfulness of the information provided by Users and, in particular, but not limited to, damages of any kind that may arise from the impersonation of a third party by a user through the Website.

10. Indemnity of Exeltis

The User shall defend, indemnify, and hold Exeltis harmless against any damage or harm arising from claims, actions, or demands by third parties as a result of their use of the Website. The User also undertakes to indemnify Exeltis against any damages arising from their use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action that imposes an unreasonable burden on the functioning of the Website.

Access to the services or content provided through the Website shall be at the sole responsibility of the Users. Minors (under 16 years of age) or unauthorised users must leave the website immediately.

If any of the obligations set forth in this Legal Notice are breached negligently or intentionally, the User shall be liable for all damages that may arise for Exeltis as a result of such breach.

11. Change of control

In the event that Exeltis is acquired or merged with a third party, Exeltis reserves the right to transfer or assign its contractual position, as well as the information collected from users as part of such merger, acquisition, sale or other change of control.

Such third party must comply with the requirements established by Exeltis in these terms of use and in the cookie and privacy policy.

12. International use of the website and language

Users accessing the Website from any country other than Spain do so at their own risk. In this regard, the User is solely responsible for ensuring compliance with the laws of the country from which they access the Website.

This Legal Notice has been translated into other languages to ensure that it is understood by all our users. However, the User declares that they are aware and accept that the Spanish version will always prevail in the event of any contradictions between the different versions and that these conditions are subject to Spanish law.

13. Amendment to the Legal Notice

We reserve the right to amend the terms of this Legal Notice at any time and at our sole discretion. When this occurs, a notice will be posted on the Website informing Users that changes have been made, and the User will be duly informed.

14. Nullity and ineffectiveness of clauses

If any clause included in this Legal Notice is declared totally or partially null and void or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null and void or ineffective, with the rest of this Legal Notice remaining in force and effect, and the provision in question will be considered totally or partially excluded.

15. Applicable law and jurisdiction

The relationship between Exeltis and the User shall be governed by the provisions of the applicable legal texts and by Spanish law. The parties submit to the legally competent courts and tribunals for the resolution of any disputes.

16. Contact information

Please send any suggestions or questions regarding this Legal Notice to dataprotection@insudpharma.com.