Panda Security, S.L.U., in compliance with the provisions of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter LISSEC), hereby notifies the User, prior to the rendering of services, of the procedures and obligations required for the execution of this agreement:
b. The User undertakes to enter the personal details and any additional information required for the service to be provided.
Panda Security, S.L.U. guarantees, by means of the contents of the Conditions, to comply fully with applicable consumer protection legislation in order to protect the legitimate interests of users throughout the entire process of contracting the products, services, content and/or tools offered via the website.
The present Conditions are subscribed by:
Panda Security, S.L.U, (hereinafter Panda Security), with registered offices at Santiago de Compostela, 12, 1ª, 48003 Bilbao (Spain), for notification purposes, with VAT number B- 48435218, registered in the Mercantile Register of Bilbao, Tome BI-59, Book 134, Sheet BI-767-B, 1st inscription.
The User, being the person that uses the website and/or the products, services, content and/or tools and who has entered his or her details in the form provided by Panda in order to access any of the products, services, contents and/or tools offered via the website owned by Panda. The User is solely and exclusively responsible for the authenticity of the data entered.
The present Conditions applying to the offer of services, as well as any other terms and conditions which may be applied, have the purpose of regulating the purchase and acquisition of the products, services, contents and tools provided by Panda to the User via its website and constitute the legal framework within which the contractual relationship is established, whether via financial transaction or the free provision of goods or services (in accordance with the specific license agreements corresponding to the products, services, contents and/or tools).
The products, services content and or tools subject to this agreement will be those made available to users at the following website belonging to Panda: https://www.pandasecurity.com
All of the products, services, contents and/or tools will be subject, where applicable, to specific contractual conditions which will be available on the website. Similarly, the products, services, contents and/or tools which so require, will be subject to the terms and conditions of their respective end user license agreements.
These conditions and user license agreements are available for consultation, printing and saving by the User prior to executing the agreement.
The present Conditions, along with any specific conditions that could apply, regulate the contractual relationships entered into by the User via the Panda website. The User expressly accepts to abide, without reservation, by the version of these provisions published by Panda at the moment in which the product, service, contents or tools are contracted. The User therefore undertakes to read the contractual conditions each and every time he or she contracts a product or service, as said conditions may have changed since they were last accessed.
The present Conditions are not exhaustive and other conditions specific to certain products, services, contents or tools available on the website may exist and will be available to the User where applicable.
By accepting the present Conditions the User declares:
a. That he or she is legally entitled to execute agreements.
b. That he or she has read and accepts the present Conditions.
The User will always have access to all contractual terms and conditions applying to the products, services, tools and content available on the website prior to the execution of the agreement. The User may contact Panda by e-mail at: firstname.lastname@example.org with any questions relating to the present Conditions.
Panda may, with due cause or reason, modify the present provisions. Due cause or reason is understood to be when such modifications are as a result of the:
a. Increase to the range of products and services available to the User or improvements to existing products and services.
b. Adaptation to technological advances of the products and services subject to the present conditions.
c. Modification, substitution or update of the prices of the products and services offered via the website.
Access to the Panda website is free of charge, without prejudice to any specific pricing conditions that may apply to the acquisition of certain products or services or the use of certain content or tools.
The User undertakes and guarantees to use the website in accordance with applicable legislation, the Conditions established in the present agreement and respecting accepted moral standards.
To this end, the User undertakes to:
a. Not use the services, products, content and/or tools that Panda has made available, for illegal purposes or purposes expressly prohibited by these provisions or the effects of which may infringe upon the rights or interests of Panda or third-parties.
b. Abstain from any activity that could damage, overload, harm or impede the normal functioning of Panda's website. Similarly, and in accordance with applicable legislation, the User undertakes to refrain from illicitly or fraudulently obtaining site contents or stealing or plagiarising said contents.
c. Not to use the products, services, contents or tools for illicit purposes, or for any end which could be prejudicial to Panda. The User shall not modify, copy, distribute, publish, grant or sell any information or image in any way related to the products, services, contents or tools offered by Panda through its website content.
The User shall hold Panda harmless in the event of damages caused to third-parties as a result of the User's rightful or wrongful use of the products, services, contents or tools available on the website.
To this end, the User accepts sole and exclusive for any liability that may arise from the circumstance described in the previous paragraph. Similarly, the User will meet legal costs and compensation that could arise from legal proceedings resulting from the User's failure to comply with that established in the preceding clauses or in any other applicable legislation.
Panda, in order to guarantee the rights established in these Conditions and fulfilment of applicable legislation, may:
a. Appoint administrators to supervise the service, respecting, in all circumstances, the User's right to privacy.
b. Temporarily interrupt website services without prior warning and at any time for technical or legal reasons.
c. Modify the conditions governing the offer of products, services, content or tools for technical or legal reasons.
d. Modify the content of products, services, content or tools on the website without prior notice, should it see fit for business reasons. It also reserves the right to refuse access, without prior notice, to the products, services, content or tools to any User who contravenes the present Conditions.
e. Remove or replace any information that may be illegal or simply offensive from the products, services, contents or tools offered via the website.
f. Report to the competent institutions any suspected illicit conduct, activity or data of which Panda is aware.
a. Panda's obligations
Panda undertakes to fulfil the following contractual obligations which arise from the commercial relation with the User as a consequence of his or her contracting the products, services, content or tools:
Provide the User, in good faith and with maximum guarantees, the product, service, content and or tool requested by the User in accordance with the present Conditions, and the end user license agreement where applicable.
Expressly inform the User of the existence of the present Conditions prior to the execution of the agreement.
Specifically, precisely, clearly and unequivocally inform the User prior to the execution of the agreement of the specific characteristics of the products, services, content or tools requested, as well as of the prices and any applicable taxes.
Make available to the User the text of the Conditions. Similarly, and for those products, services, content and/or tools that require, any applicable specific terms and conditions derived from the user license agreement of the item in question.
Give the User confirmation that the transaction has been successful, except in the case of those products that are executed immediately, within 24 hours of payment (where required) and acceptance of the applicable conditions by the User.
Send the User the receipt of payment or invoice for the products or services contracted from Panda, should such products or services require purchase.
Comply with applicable consumer rights regulations and legislation with respect to the return of products and services by the User, as specified in the sections concerning returns in the present Conditions.
b. The User's obligations
The user undertakes to:
Fulfil the obligations established in the present Conditions, as well as the specific conditions established on the website at: https://www.pandasecurity.com, concerning the products, services, content and tools offered by Panda.
Complete the registration forms with true and accurate information, where such information is a mandatory requisite for accessing Panda's products, services, contents or tools.
Complete the forms required for the purchase of products, services, content and tools with true and accurate information, as such information may be necessary for these items to be delivered and/or invoiced.
Use the products, services, content and tools in accordance with the specifications laid out in the Conditions and solely for the purposes established in the end user license agreement.
Provide, in the case of purchasing products, services, content and tools, the financial details required by Panda, and pay all sums due in accordance with the method of payment and the established prices published by Panda with respect to each product or service at the moment they are contracted.
Refrain from sending messages which could impede or interfere with the normal operation of the services offered by Panda. In any event, the User will be solely responsible for the messages he or she composes and sends, as well as the data he or she provides.
a. Panda's liability for the functionality of the website.
Panda will only be liable for loss or damages incurred by the user as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to willful misconduct on the part of Panda.
Similarly, Panda will not be held liable for damages incurred by the user in the event of the impossibility of offering the service subject to the present general agreement conditions due to accident, force majeure or other causes not attributable to Panda.
Neither will Panda be liable for the malfunction of the website where such malfunction is due to maintenance work, incidents, malfunction of the terminal or lack of sufficient resources for supporting the systems essential for the use of the service.
Panda will take the measures necessary to ensure a rapid response, but Panda will not be held responsible for delays attributable to telecommunication services nor does it guarantee delivery times for product, services or where applicable, contents or tools.
b. User's liability.
The User will be solely liable for the consequences of the communication of false data or data corresponding to third parties.
In the event of failure by the User to comply with the applicable obligations arising from the agreement, Panda reserves the right to take any corresponding legal action as well as restricting access to products, services, content and tools.
Panda makes every effort to ensure that the information that appear on its website is true and up-to-date. However, errors or omissions may occur, and for this reason, the User should not consider information to be accurate without first checking the accuracy of the information with Panda. None of the information or content on this website should be considered as an indubitable fact. Panda cannot control how the User utilizes the information or content offered on this website and will therefore not be held responsible for deeds, acts or damages, whether direct or indirect, suffered by the User or third-parties which could be the consequence or arise from the use of said information or content.
To this end the User holds Panda harmless from any liability arising from interruptions when acquiring products, content and tools, or disruptions to the provision of services due to force majeure or circumstances beyond its control. To this effect, elements beyond its control include (i) the modem, (ii) the User's IT systems, (iii) Internet browsing software, (iv) viruses, (v) telephonic and electrical connections, (vi) ADSN, and any other transport or telecommunication infrastructure used by the User.
Panda will not be held responsible for any damages or losses caused to the user by third-party products. Users uses third-party products entirely at their own risk, under their respective terms, conditions and legal notices for which Panda is not responsible
I. Data controllerPanda Security, S.L.U. (the “Society”), with VAT number B-48435218, registered in the Mercantile Register of Bilbao, Tome BI-59, Book 134, Sheet BI-767-B, 1st inscription, with registered offices at Santiago de Compostela, 12, 1st floor, 48003 Bilbao, Bizkaia (Spain), and contact email email@example.com
II. Data Protection Officer (DPO)The Data Protection Officer (DPO) is the person responsible for ensuring that the Society processes personal data in compliance with the applicable data protection rules. You may contact the DPO at the following email address firstname.lastname@example.org.
III. Purpose and legal basis for the processing
Your personal data will be processed for the following purposes:
IV. Data retention periodThe Society will store your personal data for as long as the contractual relationship with you is in force and, once it is terminated, for as long as the applicable fiscal, economic, civil and criminal regulations are in effect. In addition, in the event that the contractual relationship with you is finally not formalized, the data retention period will be six years.
V. Recipients of the personal dataWe inform you that under no circumstances will your personal data be passed on to any third party, unless required by a legal obligation, and to the corresponding public bodies. Furthermore, we inform you that your personal data may be accessed, as data processors, by the following parties: (i) Technology service providers (such as software or hardware developers as well as developers of applications related to the software license) in order to effectively provide the computing services related to the software license granted to you, as well as optimizing it; (ii) marketing and advertising service providers involved in the launch of product offers and promotions; (iii) companies belonging to the Society's group in order to effectively fulfill the contractual relationship with you; and (iv) product distributors.
VI. International transfers of personal dataTo allow the aforementioned third-party providers to access your personal data, said data may be shared with the following international data processors outside of the EU:
|Category of recipient||Enterprise
|Marketing service provider||USI Techonologies, Inc.||USA||Ensures an adequate level of protection by signing the standard contractual clauses set out in Decision 2002/16/EC of February 5, 2010.|
|Technology service provider||CYREN Ltd.||Israel||Ensures an adequate level of protection in compliance with the EU Directive 2011/61/EC of January 31, 2011.|
VII. Rights available to data subjects
We inform you that you are entitled to exercise the following rights:
(i) Right of access: Right to find out what kind of personal information is being processed, and the processing activities performed on said data;
(ii) Right of rectification: Right to ask for your information to be corrected;
(iii) Right to erasure: Right to have your personal information deleted;
(iv) Right to object: Right to object to the processing of your personal data, for reasons related to your personal situation;
(v) Right to withdraw your consent when your consent is the legal basis for the processing of your personal data;
(vi) Right to restriction of processing: Right to ask for your personal information to stop being processed in certain cases (e.g. If you believe that the personal information about you is incorrect, for a period enabling the controller to verify the accuracy of the personal data); and
(vii) Right to portability: Right to receive a copy of the information which you have provided to the Society in a structured, commonly used and machine-readable format, and right to transmit that data to another controller.
Panda is not responsible for Web pages linked to its website, nor for any Web pages that the User might access through links included on our website. We do not control such Web pages, and, therefore, are not responsible for their contents. Users consult such Web pages at their own risk, under their own terms, conditions and legal notices for which Panda is not responsible.
Panda 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.
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 authorisation Panda. 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 copyright notice: "© Panda Security 2016. 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 authorisation from Panda 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 reserves the right to revoke authorisation to use the content of its website at any time. In such cases, those concerned must cease to use the utility. Panda 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 '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:
The names of the products that may appear on the website may be registered trademarks of their respective companies.
The prices and tariffs corresponding to the purchase of products and services by the user will be those that appear in Panda's website (www.pandasecurity.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 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 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.
The contractual obligations derived from the contracting of the products, services, contents or tools by the users from Panda 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 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, in which case, the terms and conditions in force at the moment of the change or modification will apply.
Due to the wide range of Panda 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 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 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.
Panda Security reserves the right to terminate the products, services, contents and/or tools contracted via this Website 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 thirty (30) days, as of the date of receipt of the product, within which time he or she may terminate the contract subscribed with Panda Security without specifying the reason and without any penalty whatsoever. Notwithstanding the foregoing, in the case of support and/or technical assistance products, no refund will be made once the service has been used regardless of the time passed. Additionally, no refunds will be made, under any circumstances, of the Money-Back Guarantee service should the User have purchased it. In the case of subscription services, the User may cancel his/her subscription at any time, which will become effective at the end of his/her current billing period (monthly or annual, depending on the subscription plan selected).
To exercise the aforementioned right, the User must inform Panda Security in writing, either by fax, registered postal mail or by email sent to the Customer Service email address at email@example.com, within the appropriate time period.
In this event, Panda Security will reimburse the User the amount paid within fourteen (14) days of the receipt of the written notification from the User. Such reimbursement will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any costs as a result of such reimbursement.
The present 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.
The European Commission provides an online dispute resolution platform, which can be found here: http://ec.europa.eu/consumers/odr/. Via this platform, consumers resident in the European Union can submit a complaint and request traders to agree to online dispute resolution. Notwithstanding the foregoing, dispute resolution bodies are currently not available on the platform for some sectors and in some EU countries. Consumers must check the aforementioned link for complete information.
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.
All Panda Security products for Home Users in any of their available versions, commercial, trial, beta, or any other, available via this Website, are subject to U.S. export restrictions and regulations.
These products may not be downloaded in, nor exported or re-exported to the following countries (or to nationals or residents of these countries): (1) Cuba, Syria, Sudan, North Korea, Iran, the Crimea Region of the Ukraine, (2) any other country subject to U.S. embargoes (3) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders, (4) or to any person or entity named on the U.S. Department of Commerce's Denied Persons List, Entity List and Unverified List, or the U.S. State Department's List of Statutorily Debarred Parties.
By downloading or using these products, the User accepts the foregoing conditions as well as any applicable export restrictions. The User guarantees that he or she is not in, or resident or national of any of the nations included in the previous paragraph or those on 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 U.S. Department of Commerce.
Furthermore, if the User uses Panda Security's products for Home Users, and due to the existence of local legal restrictions on the use of virtual private networks (VPN), those products may not be installed in Belarus, China, Iran, Oman, Pakistan, Qatar, Hong Kong, Saudi Arabia or United Arab Emirates.
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.