PERSONAL DATA PROTECTION AND E-COMMERCE

Access to the website by the User and the acquisition of products and services and the use of tools or content via the website implies the processing of personal data. Complying with legislation governing the processing of personal data and information society services and electronic commerce is of the utmost importance to Panda Software.

In general, users of the website will have no need to provide any personal data whatsoever. However, to access products, services contents or tools, users will in some cases, need to provide certain personal details. Panda Software guarantees that such data will be treated confidentially and in accordance with legislation governing the protection of personal data and information society services and electronic commerce.

Panda Software complies with the applicable data protection legislation, and has taken the administrative and technical steps necessary to guarantee the security of the personal data that it collects.

The User is hereby informed and gives consent for his or her data to be included in automated data files belonging to Panda Software which are registered the Panda General Data Protection Register. The consultation request or purchase of any service or product or any other transaction or operation carried out with the aim of accessing information or services provided by Panda Software on its website or to maintain the contractual relationship or to sent marketing information to the User.

The User also gives his or her express consent for the aforementioned personal data to be transferred to Panda Software’s International Representatives and or Authorized Distributors, solely and exclusively for the purposes established in the above paragraph and in accordance with the Organic Law on the Protection of Personal Data and in Instruction 1/2000 on the International Transfer of Personal Data. More information about the identity of Panda Software’s International Representatives and Authorized Distributors is available at: http://www.pandasoftware.es/partners/cps.

The User declares that all the data he or she provides will be true and accurate and undertakes to inform Panda Software of any changes to said data. The User has the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.

Panda Software’s privacy policy guarantees the User the right to access, rectify, eliminate and object to the processing of data by notifying Panda Software via e-mail at:  legal_affairs@pandasoftware.com , or by writing to Panda Software Legal Affairs, Buenos Aires 12, 48.001 Bilbao (Spain).

Similarly, and in compliance with the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, Panda Software and its International Representatives will only send marketing information by e-mail or other electronic means to those users who have given their express consent to such activity.

The conditions of the previous paragraph do not apply in the case of Panda  ActiveScan. By accepting the present Conditions and using ActiveScan, the User gives his or her express consent to Panda Software to send marketing information by e-mail or other electronic means.

Panda Sotware informs the User that he or she can unsubscribe from the mailing list by following the instructions at the bottom of all e-mails or by sending an e-mail to legal_affairs@pandasoftware.com, or by writing to Panda Software International S.L. Legal Affairs, Buenos Aires 12, 48.001 Bilbao (Spain).

SECURITY: USE OF COOKIES AND SECURE ENVIRONMENT

Panda Software may on occasion use cookies on its website. These will be used to personalize pages on the website or to remind you to register products or services.  If you do not want Panda Software to use cookies in this way on your browser, you should configure your browser to reject them or to notify you when a website tries to insert a cookie on your browser. If you opt to reject cookies, this may affect the use of some of the products and services on the website.      

Panda Software uses the latest technology on its website to guarantee the protection of information. Panda Software guarantees that the contracting of products and services will be carried out in a secure environment.

 A secure environment is indicated by a padlock symbol in the browser status bar or the letter “s” after http in the address field of the browser.

Panda may store and make use of the IP addresses of users of this website in order to analyze trends, administer the website and monitor the use of the entire website. Panda does not associate IP addresses with personally identifiable information.

HYPERLINKS

Panda Software is not responsible for web pages linked to its website, and will not therefore be responsible for the contents on any such website. Users consult such web pages at their own risk, under their own terms, conditions and legal notices for which Panda Software is not responsible.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Panda Software holds the intellectual and industrial property rights over the elements that comprise the website, such as the trade names, trademarks, designs and symbols. These include, but are not limited to, the copyrights on logos, colour combinations, the choice and form of presentation, web page source code, menus, browser buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the web page related to products and services provided by Panda Software.

The User undertakes to respect the intellectual and industrial property rights of the website and of the products, contents and tools. To this end, the User will refrain from copying, reproducing, distributing, making available or publicly communicating website content, without prior written authorization Panda Software. In this event, the User will always act in accordance with the following conditions:

Any total or partial reproduction of the website, or of the tools or contents, must include the Panda Software copyright notice: "© Panda Software 2005. All rights reserved". Similarly, in case of reproduction and/or distribution of content belonging to third-parties which appears in this website, the corresponding copyright warnings of these third-parties must also appear.

The content of this website may not be modified unless prior written authorization from Panda Software has been granted. Such content may be used for information purposes only and not for commercial aims or for distribution, public communication, transformation or de-compiling.

Panda Software reserves the right to revoke authorization to use the content of its website at any time. In such cases, those concerned must cease to use the utility. Panda Software will not be responsible for any third-party information to which part or all of the contents of its website have been added.

None of the images or graphics on Panda Software's website may be used separately from the rest of the images that appear with them or from the corresponding text, where relevant.

 It is not permitted to distribute or publish the content of the website together with information that promotes:

• Pornography and/or prostitution
• Child abuse
• Racism
• Terrorism
• Any other illegal content

The names of the products that may appear on the website may be registered trademarks of their respective companies.

PRICES

The prices and tariffs corresponding to the purchase of products and services by the user will be those that appear in Panda Software’s website (www.pandasoftware.com) in the moment that the User accesses the product or service and commences the purchase process. Similarly, the conditions concerning shipping costs and taxes will those specified on the corresponding web page. 

Should the product or service contracted by the User need to be physically delivered, shipping costs may vary according to the geographical location of delivery and will be met by the User.

Panda Software reserves the right to modify tariffs and price lists published on its website should it see fit. In any event, any such changes will not apply to products and services contracted prior to the modification, with the exception of concepts related to the renewal of products and/or services. 

Methods of payment for the services will be as specified in the corresponding conditions at the time they are contracted and will always be available to the User prior to their being contracted. Panda Software reserves the right to cancel the services contracted by the User in the event that the latter does not respect the methods of payment stipulated, or does not pay for the products and/or services.

DURATION OF THE AGREEMENT

The contractual obligations derived from the contracting of the products, services, contents or tools by the users from Panda Software will remain in force for the period of time stipulated in the corresponding specific conditions or in the terms and conditions of the product’s end user license agreement available to the User beforehand.

The present Conditions and any corresponding specific conditions shall remain in force for as long as they are published on the aforementioned website and will apply from the moment the User uses the website and/or begins to contract any of the products, services, contents or tools.

Panda Software reserves the right to unilaterally modify the Conditions, without prejudice to the conditions under which products have been acquired prior to such modification, with the exception of cases in which users have acquired a new product version, or if services have been modified by Panda Software, in which case, the terms and conditions in force at the moment of the change or modification will apply. 

DELIVERY PERIODS AND METHODS

Due to the wide range of Panda Software products and services on offer, delivery periods and methods will be as specified in each case at the time they are contracted.

In any event, Panda Software guarantees to deliver the product or provide the product or service contracted by the user in under than thirty working days as of the day after the User has accepted the present Conditions or, where applicable, the specific conditions and/or the end user license agreement for the product or service requested. However, Panda Software shall not be held responsible in the event that the aforementioned delivery period is exceeded due to force majeure, accident or due to the actions of third parties.

TERMINATION OF THE AGREEMENT

Panda Software reserves the right to terminate the products, services, contents or tools contracted at any time, and without prior notice should the User fail to comply with the general and specific contractual conditions or where applicable the end user license agreement for the product or service in question.

The User will have a period of seven working days, as of the date of receipt of the product or the date of execution of the agreement in the case of services, within which time he or she may terminate the agreement subscribed with Panda Software without any penalty whatsoever.  To exercise the aforementioned right, the User must inform Panda Software in writing, either by fax or registered postal mail. 

In this event, Panda Software will reimburse the User within 30 days of the receipt of the written notification from the user.

Under no circumstances may the User exercise the right to terminate or withdraw from the agreement in cases where the goods supplied coincide with their specifications, or, where due to the nature of the goods, they cannot be returned or expire rapidly, such as IT products supplied digitally which could be rapidly downloaded or reproduced.

RETURNS

Should the product and/or service contracted by the User need to be physically delivered by Panda Software to the User and is not included in the exceptions listed above, the user may return the product within seven days of receiving it. The User may return the product provided it has not been opened or used and that its original packaging or warranty seal is unbroken and that it is returned along with the invoice or delivery note.

To this end, in the event that once the product has been bought and paid for by the user, the product is no longer available; Panda Software will fully reimburse the user within thirty days.

APPLICABLE LEGISLATION AND JURISDICTION

The present contractual conditions are governed by applicable Spanish legislation.

In the event of any doubt or disagreement about the interpretation of the provisions herein or their effects, the only competent authority will be the Bilbao Courts of Justice. The User expressly renounces any other jurisdiction that may correspond to him or her.

NOTIFICATIONS

All notifications, requests, petitions and other communication carried out by the parties with respect to the present general terms and conditions must be written and sent by registered post or burofax to the other party at their postal address.

EXPORT RESTRICTIONS

Some of the Panda Software products available via this website may be subject to US export restrictions and regulations.

The Panda Software products affected by such restrictions are those listed below. Such restrictions apply to all versions of these products including final release versions, betas, trial versions or any other and also to any documentation connected with the product.

Panda Titanium Antivirus 2006
Panda Platinum Internet Security 2006
Panda BusinesSecure
Panda EnterpriSecure
Panda GateDefender

These programs may not be downloaded in, nor exported or re-exported to the following countries (or by nationals or residents of these countries): (1) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Taliban-controlled Afghanistan, (2) any other country subject to US embargoes (3) or any nation included in the US Treasury Department’s Specially Designated Nationals list or in the US Commerce Department’s Table of Denial Orders.

By downloading or using programs from this website, you accept the foregoing conditions as well as any applicable export restrictions. You guarantee that you are not in, or resident or national of any of the nations included in the previous paragraph or those in any of the aforementioned lists.

The information concerning export restrictions in the present clause is not necessarily exhaustive. For more information concerning export restrictions, please contact the Bureau of Export Administration at the US Commerce Department.

SEVERABILITY OF CLAUSES

Should any provision of this agreement prove to be, become or be declared null and void or unenforceable, the remaining provisions shall be unaffected and shall remain fully valid and effective.