Terms of use

1. Legal Information

LEGAL INFORMATION

The owner of this web site (hereinafter, WEBSITE), the web application, and desktop applications (hereinafter, “PIVOTAL WEB or WEBSITE” products and/or services) is PIVOTAL, S.L.U. and all its affiliates (hereinafter, PIVOTAL) with VAT ID No. B83169698 and its registered address at Calle Gobelas, Nº 19, 28023-MADRID (Spain). Registered in the Madrid Mercantile Register: Volume 17123 Book 0, Page 1, Section 8, Sheet M-293259, 1st registration.

This legal information comprises the Protection of Personal Information Policy, with the General Conditions for Use of PIVOTAL WEBSITE and, where appropriate, the Special Conditions for each product or service included on PIVOTAL WEBSITE. Access to PIVOTAL WEBSITE is free of charge.

All the contents of this WEBSITE are the intellectual property of PIVOTAL, except for the images, audio files and computer graphics that are used under licence, with all rights reserved. Its total or partial reproduction is forbidden. Any use of same that is contrary to the regulations on intellectual and industrial property will be prosecuted in accordance with the legislation currently in force.

This WEBSITE is administered in Spain. For general queries regarding PIVOTAL information and services you can contact User Service on telephone +3491 708 1250, during business hours: from Monday to Friday, from 9:00 to 18:00, or by e-mailing bd@pivotalcr.com.

1. General Conditions of Use

ABOUT THE WEBSITE, SERVICES AND/OR PRODUCTS

These General Conditions govern the use of “PIVOTAL WEBSITE”. Eventually, some of PIVOTAL services and products may have their own Special Conditions that, depending on the circumstances, will, in such a case, complement, change or replace these General Conditions.

Access to PIVOTAL WEBSITE is free of charge, except for those PIVOTAL services and/or products where this will eventually be so stated in their respective Special Conditions.

The use of this WEBSITE implies the complete acceptance of each and every one of the General Conditions given here, as well as the Special Conditions that, where appropriate, have been set for each of the services and/or products marketed on this WEBSITE, if any.

USER REGISTRATION AND YOUR PERSONAL INFORMATION

Access to the content of the WEBSITE is free-of-charge and can be achieved without being registered, but eventually to be able to participate actively in any of PIVOTAL services and/or products or to save your information, you will have to be registered as a user or merely disclose your personal information in order to allow us to contact you.

Should you want to get more information about any services provided by PIVOTAL, please feel free to contact us, and therefore we will ask you to provide us with certain information that identifies you personally. This personal information includes mainly Contact Information (such as, for example, your name, e-mail address, telephone number, …; and professional information).

PIVOTAL Privacy and Personal Information Policy explains the information management practices that are applied to your Personal Information that we may hold on file, as well as the options at your disposal regarding the manner in which this information is used. Please review this policy carefully.

INFORMATION PROVIDED

PIVOTAL is a Regional European CRO (Clinical and Contract Research Organization) with focus on all services related to clinical research as well as consultancy to the Pharmaceutical, Biotechs and Medical Devices Industries. Its WEBSITE is a multi-channel platform that provides Users/Contactors with information related to its services. All the information provided by PIVOTAL on its WEBSITE is presumed to be truthful, complete and appropriate, and this is what we display.

The additional information that may be displayed about the Bio-Pharmaceutical and Medical Devices Companies, Hospitals, Medical Treatments, Doctors, Healthcare professionals, Journals, publications and other similar information that may be shown on the WEBSITE, is solely for the purposes of general reference. It is normally collected through the information provided by the said organizations and sources.

All services and/or products eventually offered by advertisers, sponsors, partners and other participants that may appear on PIVOTAL WEBSITE are presented for the purpose of informing you about them and do not necessarily entail any implication regarding their suitability for any individual in particular or any forecast of their effectiveness, results or successes.

LIABILITY

You are responsible for your use of the WEBSITE. You may use the WEBSITE and the services only for legal, and informative purposes. You may not use the WEBSITE, PIVOTAL services and products in any way that could harm, reduce the capacity of, overload or disable our servers or networks, or interfere with the use and enjoyment that third parties may have of the WEBSITE or the services and/or products. You may not try to obtain unauthorised access to any of PIVOTAL services and products, user accounts, or computer systems and networks by hacking, exploiting passwords or any other method.

Without limiting any of the foregoing, you accept that you will neither permit a third party to do or do the following yourself:

• Copy, change, adapt, translate, decompile or reverse engineer any part of the WEBSITE, its contents, materials, PIVOTAL services and products
• Remove any notice regarding copyright, registered trademarks or other notices regarding ownership that are contained in or on the WEBSITE and/or the services and products, or in or on any content or other material obtained through the WEBSITE and PIVOTAL information on its services and products
• Use any robot, spider, search or WEBSITE content recovery application, or any other resource, process or automatic device to obtain access, remove or index any part of the WEBSITE and/or PIVOTAL services and products with the aim of building, creating, populating and/or filling out a database with search capability for evaluations related to the health services sector and/or doctors, medical practitioners or healthcare professionals and industry in general, as well as Pivotal clients and customers
• Change the format or frame any part of the web pages that form part of the WEBSITE and/or PIVOTAL services and products
• Make undue and fraudulent use of the services
• Collect or store personal information on other users in connection with the prohibited activities that are described in this paragraph

In regard to the above, you accept that we can take any legal action and implement any technical recourse necessary to prevent breaches of this resolution and to enforce bring about compliance with these terms of use.

CHANGES TO THESE TERMS OF USE

PIVOTAL may partially or totally change these Terms of Use at any time, in accordance with what is appropriate in our reasonable judgement. Therefore, any change to these Terms of Use will be announced and published on the WEBSITE in the appropriate section.

The mere continuation of the use of the WEBSITE and/or PIVOTAL services and products after said change shall constitute affirmative acknowledgement of the Terms of Use, the changes thereto and your consent to abiding by and being bound by the changed Terms of Use. If at any time you decide not to accept these Terms of Use, even after having received notice of any change to them, please do not use the WEBSITE.

CHANGES TO THE WEBSITE AND PIVOTAL SERVICES AND/OR PRODUCTS

Our WEBSITE may be disconnected, suspended, modified, replaced or altered with no prior warning, without this creating any responsibility whatsoever from PIVOTAL to the User or third parties.

LINKS TO OTHER SITES

This WEBSITE and PIVOTAL services and/or products may include links to other WEBSITEs, including links provided by Hospitals, Bio-Pharmaceutical and Medical Devices Companies, Doctors and/or healthcare professionals, Public Institutions, Journals, Congresses and others as part of the information on their activities. Some of these sites may contain materials that are open to objection, illegal or incorrect. These links are provided solely for your convenience and they do not mean that we participate in, accept or approve said content and/or websites, or the services and information that they provide. You acknowledge and agree that we have no legal liability or of any other kind for the contents or accuracy of these other websites and links.

ADDITIONAL TERMS

Eventually, some of PIVOTAL services and products on this WEBSITE may contain additional terms (such as, for example, policies, guidelines and rules) that also govern your use of that particular service and/or product and are supplementary to these Terms of Use. If you choose to register to obtain these services, or have access to them, the corresponding additional terms and conditions will be displayed at that time. By using said services, you agree that you will comply with said guidelines and rules.

NO SPAM

You will not use the contact information provided by our users, Bio-Pharmaceutical and Medical Devices clients and customers, doctors or healthcare institutions or professionals, or collect said information for the purpose of sending, or facilitating the sending, of unsolicited mass communications, such as, for example, advertisements or e-mail messages that are “Spam”. You may not permit other users to use your account to infringe the terms of this section. We may deny or remove your access to this WEBSITE and take other legal action if you or any other person who uses your Credentials infringes these resolutions.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All the information contained on this WEBSITE, including, but not limited to, databases, graphic design, photographs, logos, trademarks, images, audio, video, documents, source code (HTML and JavaScript), constitute a work whose intellectual and industrial property belongs to PIVOTAL, or to third parties, and it will not be understood that the use of or access to the WEBSITE or to PIVOTAL services and products that are offered gives the user any right whatsoever over this information.

Users shall abstain from reproducing or copying, distributing, permitting public access through any type of public communication, transforming or changing the WEBSITE and the information displayed herein, unless they have been so authorised by PIVOTAL; from deleting, avoiding or manipulating any datum or identifying sign regarding the rights of PIVOTAL or its owners who are included in the services and the technical means of protection, and, in particular, from using information of any sort obtained through PIVOTAL WEBSITE or the services to send out advertising, communications for the purposes of direct sales or with any other commercial end, sending unsolicited messages to a group of people regardless of their end, and shall abstain from marketing or disseminating said information in any way whatsoever, obtaining any image, recording, software and, in general, any type of material that is accessible through the WEBSITE using any means other than those that PIVOTAL sets at the disposal of Users.

WAIVER OF GUARANTEES

We promote the WEBSITE, its services and/or products “as is”, “with all their faults” and “when available”.

Both the access to this WEBSITE and the use that can be made of the information contained in the same is the exclusive responsibility of the person accessing it.

With the exception of what is explicitly stated in this document, PIVOTAL has no liability whatsoever for the information systems, software and features that are made accessible through the WEBSITE, or for any security aspect associated with the transmission of sensitive information. PIVOTAL does not guarantee that the WEBSITE and its PIVOTAL services and products in general operate without errors, or that there is no loss of data, or that the software of PIVOTAL information on its services and products or the WEBSITE itself are free of computer viruses or other harmful elements.

GENERAL LIMITATION OF LEGAL LIABILITY

Whosoever uses this WEBSITE does so at his or her own risk. The information may change or be updated with no prior warning. PIVOTAL does not guarantee the absence of viruses, worms or other harmful computer elements that could cause damage or alterations to the computer system, electronic documents or files of users of this WEBSITE and PIVOTAL information on its services and products in general. As a result, PIVOTAL is not liable for any damage that such elements could cause to the user or third parties.

It also takes no responsibility for and does not guarantee the availability and continuity of access to this WEBSITE; it is the obligation of the users of the WEBSITE, in all cases, to obtain suitable tools for detecting and disinfecting harmful or damaging computer programs. The users shall be liable for any kind of damage that PIVOTAL may suffer as a result of the infringement of any of the obligations to which they are subject under these conditions. Users are aware of and voluntarily accept that the use of any of the content on this WEBSITE and PIVOTAL services and products in general takes place, in all cases, under their sole and exclusive responsibility.

COMPENSATION

You agree that you exempt PIVOTAL from any liability and that you will compensate us (which extends to our contractors, employees, directors, sales representatives, parent company, other subsidiary companies and service providers) for any legal liability, claims, demands and expenses incurred by any third party due to (a) your access to the Site, (b) your use of PIVOTAL WEBSITE information and services , or (c) an infringement of these Terms of Use by you or any third party using your credentials, and for a breach of any intellectual, fundamental or other right of any person or entity. The aforementioned obligation of compensation does not apply to legal liability, claims and expenses that are incurred due to our own negligence or to causes of force majeure or intentional bad conduct.

DATA PROTECTION

Pursuant to Regulation (EU), 2016/679 of 27 April (GDPR) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, where appropriate, the information supplied by Users shall be included in a file that will be processed exclusively for the purpose described. This information will be collected through the respective forms, which will only contain the fields that are required to be able to provide the service requested by the User. Personal information will be processed with the suitable degree of protection, in accordance with the GDPR, by taking the security measures needed to prevent its alteration, loss and unauthorised processing or access by third parties who may use it for purposes other than those requested by the User. PIVOTAL is compliant with all provisions of the GDPR with respect to the processing of personal data within its responsibility, and manifestly with the principles described in article 5 of the GDPR, by which processing is carried out in a lawful, faithful and transparent manner in relation to the Data Subjects, as well as adequate, relevant and limited to what is necessary for the purposes intended.  Should it be considered appropriate to transfer the personal information to other entities, the Users will be explicitly informed of the purpose of the file, the data ceded and the name and address of the assignee so that they may give their unequivocal consent to this. Finally, Users may exercise their rights to withdraw consent at any time, of access, rectification, portability and erasure of their data and the restriction or objection to their processing. Also, Users may have the right to file a claim with the Spanish Supervisory Authority (www.aepd.es) if they consider that the processing does not comply with the current legislation. Contact information for exercising rights: By sending an e-mail to gdpr@pivotalcr.com or a letter to the address given above. The parents, representatives or legal guardians shall be responsible for the access to and use of this WEBSITE made by their under-age children or wards

MARKETING COMMUNICATIONS

The e-mail address provided by users to PIVOTAL will be used to send marketing or promotional communications, either by e-mail or some other equivalent communication means, and the Users grant their express consent to said actions. However, this consent may be cancelled at any time by sending a letter to PIVOTAL at: Calle Gobelas, 19, 2^nd floor, 28023 Madrid (Spain).

 

CONTACT

The collection of information through the contact form, or link, is merely intended for contacting PIVOTAL, with the aim of providing information on PIVOTAL services and products and helping us to improve the WEBSITE.

If the personal information that is provided is stored in an automated file that is the property of PIVOTAL, for the purpose of answering your comments, obtaining statistical data and informing you about our products and/or services for a possible contract with us, you will be able to exercise your rights of access, rectification, cancellation and opposition by sending a letter to PIVOTAL, C/ Gobelas, 19, 2^nd floor, 28023 Madrid (Spain), or by sending an e-mail gdpr@pivotalcr.com.

Questions sent through this service are not, under any circumstances, considered to be a legal complaint nor can any binding legal effect whatsoever arise from the reply.

ELECTRONIC CONTRACTS AND NOTICES

Using this WEBSITE and/or registering for the WEBSITE is an affirmative action that constitutes your electronic signature accepting these Terms of Use and your consent to electronic agreements being signed with us.

OVERALL AGREEMENT

These Terms of Use and any term, policy, rule or guidelines published on the WEBSITE, including the Privacy Policy, constitute the overall agreement between you and us and replace any previous agreement, written or verbal. Should any part of these Terms of Use be declared invalid or unexecutable, said part shall be interpreted in accordance with the law/legislation applicable at the time in order to reflect, as far as possible, the original intentions of the parties.

JURISDICTION AND CONFLICT RESOLUTION

The terms and use of this WEBSITE and PIVOTAL services and products in general shall be governed and interpreted in accordance with the laws of Spain. The parties agree to submit to the Courts and Tribunals of Madrid (City) for the resolution of conflicts and renounce any other jurisdiction and the courts and tribunals of the user’s residence.