Legal (English)

In compliance with Spain's Law 34/2002, of Services in the Information Society and e-Commerce, as well as with all other regulations governing legal entities, we hereby inform that KYMOS PHARMA SERVICES, S.L. with VAT nº B-62170337 was incorporated on 27th of January 2000 by means of public deed issued by the notary Xavier Roca Ferrer, under protocol number 260, and was registered on 16th of February at the Commercial Registry of Barcelona, Spain, under volume 32286, page 58, sheet B-205499, entry 1. The Company has its registered address at Ronda Can Fatjó, 7B, 08290 Cerdanyola del Vallès, Barcelona, Spain. Should you need to contact us, you may either forward a written communication to our registered address, call to the phone +34 935 481 848, forward a fax to +34 931 702 999, or via e-mail to info@kymos.com.

Additionally, we hereby inform that PHARMAPROGRESS Srl is a corporation totally owned by KYMOS PHARMA SERVICES, S.L. incorporated in the Companies Register of Ancona, Italy, on 11st of May 1999, with the number REA AN-151873 and VAT IT01564160420. The Company has its registered address at Via Alessandro Volta 12-14, 60020 Camerata Picena, Frazione Piane, Ancona, Italy. Should you need to contact us, you may either forward a written communication to our registered address, call to the phone +39 071 7499919 or send an e-mail to info@pharmaprogress.com or to the registered PEC laboratoriochimico@pec.pharmaprogress.com.

1. Information about the Controller of the processing of the personal data supplied to KYMOS PHARMA SERVICES, SL and/or its affiliates through the company’s official website.

This Privacy Policy establishes the bases on which KYMOS PHARMA SERVICES, SL processes the personal data provided to it.

According to what is established under the General Data Protection Regulation EU 2016/679 of April 27, 2016, KYMOS PHARMA SERVICES, SL, hereby informs the users of this social network about the Privacy Policy regarding the treatment and data protection of such users willingly accessing and logging on KYMOS PHARMA SERVICES, SL official site and/or its affiliates' sites.

For the mere fact of visiting and browsing this website property of Kymos Pharma Services SL, data that allow to identify the users are not automatically registered However, there is certain information that is collected and recorded in our systems as for example the type of Internet browser, operating system, IP address from which the web page is accessed with the aim to improve the user's navigation and the management of the website itself. Likewise, the website may use cookies and similar technologies whose use described in the Cookies Policy.

2. Under-aged or incapacitated persons

The access and registration to KYMOS PHARMA SERVICES, SL, social network and official sites is prohibited to people under sixteen (16) years old. In the event that the potential user is an incapacitated person, KYMOS PHARMA SERVICES, SL, warns of the need of the parental custody’s responsible person consent, or of the incapacitated legal representative in order to access and use KYMOS PHARMA SERVICES, SL, official sites that is expressly released of any responsibility that may derive from the access and use of its official site use by under-aged and incapacitated, being their legal representatives the only responsible under such circumstances.

3. Identification of the Responsible of the processing of personal data

The user is hereby informed that KYMOS PHARMA SERVICES, SL., with registered office at PARC TECNOLÒGIC DEL VALLÈS. RONDA CAN FATJÓ, 7B. 08290 CERDANYOLA DEL VALLÈS, BARCELONA, SPAIN is the Responsible of processing the file that will include the user’s personal data collected and stored as a consequence of the use and registration in the website property of KYMOS PHARMA SERVICES, SL.

4. Purposes to which the personal data provided are destined. Legal basis. Warnings to users.

The personal data willingly provided by the user to KYMOS PHARMA SERVICES, SL, through its official site will be included in a data treatment file under KYMOS PHARMA SERVICES, SL, responsibility, with the purpose of offering to the user information about KYMOS PHARMA SERVICES, SL, contracting with the user, as well as the sending of Newsletters to those subscribed users, to exchange information with KYMOS PHARMA SERVICES, SL, and other users and establish communication with third parties.

Legal basis: The legal basis for the processing of personal data, depending on the different purposes pursued, is implementation of the contract, where concerned with contracting, or satisfying your interest in the services of KYMOS PHARMA SERVICES, SL. In other cases, the legal basis for data processing is your explicit consent, given so that we can personalise and communicate a quotation for you, where you are asking for an offer, or your explicit consent where there is no existing earlier contractual relation.

Through KYMOS PHARMA SERVICES, SL, official sites, the user can share texts, pictures, videos and other kind of information and/or contents, which are also subject to this Policy, according to its rules. The user will be responsible for respecting the legislation in force, this Policy and its rules. The user can only publish personal data, pictures, information and other contents on KYMOS PHARMA SERVICES, SL, official sites in the event that he holds legal title over such publications or he has obtained the required third parties’ authorization.

KYMOS PHARMA SERVICES, SL, is solely entitled to delete from the official sites without any previous communication or user authorization- any published content by the user, that infringes the legislation in force and the present Policy’s rules.

The user is warned that all the information and contents that may be published in KYMOS PHARMA SERVICES, SL, official sites and in this social network may be learned by the rest of the official site and the social network platform’s users. Consequently, all the information and published contents by the user in KYMOS PHARMA SERVICES, SL, official sites may be subject to communication to the rest of users, due the service’s own legal nature.

5. Transfer or communication of personal data

The user willing to enjoy the intranet will receive an e-mail with a username and password to be able to enter into the professional area.

Personal data of the users of the official site will not be communicated to third parties except, where appropriate, to competent authorities in the exercise of their functions. As an exception, the Website may use third-party cookies in accordance with the Cookies Policy and the user's consent. We also inform that we use the electronic marketing plataform “Mailchimp” to send our Newsletter, which Privacy Policy can be found at the following link: https://mailchimp.com/legal/privacy/

6. Curriculum Vitae provided by users       

For the purposes of the provisions of the current legislation on data protection, data providing us resumes are required for the processing of any application and their owners consent that their personal data and CV, including email, available join the file of which it is responsible KYMOS PHARMA SERVICES, S.L., in order to study and/or to implement such application and to study and analyze it.  Such data will be kept for a period of one year, after which KYMOS PHARMA SERVICES, S.L., will proceed to its total destruction.         

7. Other third parties providing services

KYMOS PHARMA SERVICES, SL, advises the user that it is only responsible and guarantees only the confidentiality, security and data treatment according to this Policy, with respect to the personal data collected from the user through the official sites, having no responsibility regarding the treatment and posterior uses of the personal data that may be executed by third parties with access to the social network, as well as third parties which provide society of information services and may have access to such data, third parties which want to serve or to exercise its activity, third parties which establish hyperlinks on the social network, and those responsible to whom, throughout the use of hyperlinks, KYMOS PHARMA SERVICES, SL, redirects the registered users on its official sites.

8. Data quality

KYMOS PHARMA SERVICES, SL, warns the user that, without holding a legal representation, no user can use the identity of another person and communicate their personal data. Accordingly, the user must always acknowledge that the supplied data only belong to its own identity. Such data must be adequate, appropriate, actual, exact and true. In any case, the user must respect third parties’ privacy, whether such parties are registered users to this social network or not, or to KYMOS PHARMA SERVICES, SL, official sites.

While we are not informed otherwise, we understand that the data provided have not been modified, that you agree to notify us of any variation and that we have your consent to use them for the purposes mentioned.

9. Exercise of the rights of access, rectification, erasure, restriction of processing, object to processing and automated decision -making and the right to data portability:

KYMOS PHARMA SERVICES, SL, hereby informs the user of his/her possibility of exercising his/her rights of data access, rectification, erasure, restriction of processing, object to processing and automated decision -making and the right to data portability through a written request form addressed to KYMOS PHARMA SERVICES, SL, with registered office at PARC TECNOLÒGIC DEL VALLÈS. RONDA CAN FATJÓ, 7B. 08290 CERDANYOLA DEL VALLÈS, BARCELONA, SPAIN or by sending an e mail to gdpr@kymos.com. For such purposes, the applicant must send to KYMOS PHARMA SERVICES, SL, the above mentioned written communication indicating the petition or the right he/she exercises attaching a copy of his/her ID card or valid document that identifies his/her identity, expressly indicating their user name on KYMOS PHARMA SERVICES, SL, official sites on the social network, with the purpose of being unequivocally identified.

We remind you of your right to file a claim with the Spanish Agency for Data Protection in those cases in which you consider there is a violation of the applicable data protection regulations, by writing to such Agency C / Jorge Juan, number 6, 28001 - Madrid or through the web: https://www.agpd.es

10. Security 

Your data will be processed with a level of protection in accordance with the regulations applicable in matters of personal data protection.

11. Period of preservation of your personal data

The personal data supplied will be kept, where their erasure is not requested by the data owner, while needed to give a response to the contractual relation, to answer requests or consultations made, or while you maintain your interest in our services and, in any case, for the time necessary to comply with the legal obligations applicable in each case, in accordance with the kind of data.

12. Other information of interest

KYMOS PHARMA SERVICES, SL, can modify and/or replace at any time the present Policy. We recommend to our users to periodically access this Policy, in order to keep updated.

The user can contact the Company via the internal text service in the social network or via the following contact data:

KYMOS PHARMA SERVICES, SL,

PARC TECNOLÒGIC DEL VALLÈS

RONDA CAN FATJÓ, 7B. 08290 CERDANYOLA DEL VALLÈS

BARCELONA. SPAIN

E-mail: info@kymos.es

The user can as well consult other rules and policies that the legal holder of the social network has published.

 

Unless for those contents of public domain not subjected to third-party rights, KYMOS PHARMA SERVICES, S.L. and/or its affiliates holds legal title to all intellectual and industrial property rights related to the content, design and source code of this website, (including, but not limited to: databases, images, drawings, graphics, texts, audio, video and software), and they are protected by both national and international intellectual and industrial Laws.

KYMOS PHARMA SERVICES, S.L. does not assume any responsibility for the contents following the links which in any event are the responsibility of the owners of the corresponding web pages following such links. If a user considers that there is a content’s infringement or the links may infringe rights of third parties, please inform Kymos by sending an email to the following address: gdpr@kymos.com.

The trademarks, symbols, distinctive signs and logos of KYMOS PHARMA SERVICES, S.L. and/or its affiliates included in the website are held by such company and they are duly registered.

In accordance with the Spain's Law 19/2013 of 9th of December concerning Transparency, Access to Public Information and Good Governance, KYMOS PHARMA SERVICES, S.L. declares having obtained different grants from public funds. More information is accessible on this website in section About us / R&D.

1. Scope

These GENERAL TERMS apply to all orders issued by KYMOS PHARMA SERVICES S.L. (hereinafter referred as KYMOS) and/or its Affiliates and accepted by the CLIENT and/or its Affiliates (also individually referred to as “Party” or collectively the “Parties”), for the purchase of KYMOS’ services (“the Services”), in the framework of one or different Projects.

The term "Affiliate" shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control of either Party.

Any equivalent provision contained in whatsoever valid agreement executed between KYMOS and CLIENT, such as but not limited to non-disclosure agreements, the Master Service Agreement, technical agreements, work orders or quotations, shall prevail in front of these GENERAL TERMS.

2. Confidentiality

For the duration of the Services and up to five (5) years after its finalization, the Parties agree that any and all information exchanged shall be treated by their directors, employees or consultants as confidential and shall not be disclosed to other parties, except for: i) information previously known by the other Party, ii) information within the public domain, iii) information required to be disclosed by law, iv) information necessary to be disclosed to the Authorities for regulatory purposes. The disclosing to third parties of the name and/or logo of the other Party with the sole purpose of mentioning it as a business commercial reference is accepted and does not fall under the confidentiality obligations provided in this clause.

3. Services

KYMOS shall perform the Services in accordance with: i) these General Terms and any other agreement signed between the Parties, ii) any protocol approved by the Parties; iii) the applicable laws and regulations, iv) in compliance with GLP, GCP and GMP requirements when agreed between the Parties, and iv) all accepted scientific principles and practices in the scientific community.

4. Term of Services

4.1. The quotations issued by KYMOS will be considered accepted by CLIENT upon reception by Kymos of i) signed quotation; ii) approval letter/e-mail; iii) work/purchase order; iv) samples for analysis.

4.2. Before the beginning of the Services, CLIENT shall provide to KYMOS any relevant and sufficient information available about the project in order to enable KYMOS to duly perform the Services. CLIENT shall also provide free of charge sufficient amount of samples, standards and any other specific material necessary to perform the Services by KYMOS, including the amount for repetitions, when necessary. Title and risk of loss of these materials will remain with CLIENT.

4.3. Services must be carried out by KYMOS in accordance with the correspondent order and any protocol that may have been agreed between the Parties, and shall be performed in due time. In the event that KYMOS becomes aware that it cannot meet the estimated timelines it shall notify to CLIENT and shall use all efforts to minimize any such delay.

4.4. In the event that the whole or any part of the Services required to be repeated, KYMOS shall carry out as soon as reasonably practicable at KYMOS’ sole cost, provided the requirement to repeat is the fault of KYMOS, and at the cost of CLIENT where otherwise. In the event that a dispute arises between the Parties concerning whether it is the fault of KYMOS, the parties may submit the dispute to an independent testing laboratory accepted by both Parties. The resolution of the laboratory shall be final and binding save in the instance of manifest material error. The cost of such laboratory test shall be borne by the Party with whose results the independent laboratory shall have disagreed.

4.5. The CLIENT accepts that due to the nature of the Services a positive and useful outcome or result is not guaranteed and declines to file any claims, demands or suits against KYMOS in this respect or to request, losses, damages and liabilities to KYMOS in connection with this matter,

5. Subcontracting

KYMOS shall not be entitled to subcontract all or part of the Services to any third party without written consent of CLIENT, except if it is an Affiliate or it is stated in the Quotation or in the CLIENT’s order. The use of some equipment owned by Universities, Public Centers or Technological Centers under KYMOS employees’ direct operation or supervision will not be considered subcontracting.

6. Audit

CLIENT has the right to audit KYMOS facilities once a year upon a prior notice of thirty working (30) days in order to verify compliance with the regulations and obligations assumed. Furthermore, KYMOS shall accept any mandatory audit conducted by the competent Authorities regarding the Services contracted by CLIENT.

7. Results and Inventions

Any and all results and/or inventions, with the exception of innovations made by KYMOS in analytical methods, procedures or similar, whether patentable or not, arising or resulting from the services performed shall be and remain the sole and exclusive property of CLIENT.

8. Indemnity

Any Party shall indemnify, defend and hold harmless the other Party against any legal liability, loss, damage, costs or expenses, including reasonable attorney fees, resulting from a negligent act, willful misconduct, omission or breach of the provisions of these General terms by such Party.

CLIENT shall indemnify, defend and hold harmless KYMOS from any claim made by a third party alleging an infringement, misappropriation or misuse of patents, trade secrets or other intellectual property rights regarding products, samples, know-how and procedures.

9. Insurance

During the duration of Services both Parties shall maintain in force suitable insurance policies covering general, civil and professional liabilities.

10. Prices and Payment Terms

10.1. CLIENT shall pay KYMOS for the Services in accordance with the prices and terms set out in the relevant quotations for each Project. All amounts shall be payable within thirty (30) days and KYMOS can apply the corresponding interests to overdue amounts without justified reasons.

10.2. If any portion of an invoice is disputed, CLIENT shall pay the undisputed amount without any delay. Both Parties shall use good faith efforts to reconcile differences or discrepancies in the shortest possible time.

10.3. KYMOS could review the prices if there are justified and objective reasons, including but not limited to additional testing not included in the work order, new requirements included in the protocol or increasing complexity of the project not foreseen at quotation time. In such circumstances KYMOS shall provide a price review to CLIENT and both Parties will discuss it in good faith in order to find an understanding. If it is not possible to reach an agreement in a period of fifteen (15) days, any of the Parties will have the right to terminate the services, provided that KYMOS will transfer all the information necessary to allow CLIENT continue the project at the stage where it was ended and CLIENT will immediately pay to KYMOS all the outstanding amounts related to the Services rendered until the termination date which have not been invoiced yet.

11. Sample Storage and Archiving

11.1. KYMOS shall store or shall arrange to be stored by any authorized sub-contractor, following upon completion of the Services, all data, information, results, and other relevant documentation relating to the Services. CLIENT can be charged at archiving KYMOS’ fees after the completion of the Services.

11.2. KYMOS shall store at the specific conditions indicated by CLIENT the samples and standards received. CLIENT will be charged for sample storage services when indicated in the work order and will be charged at sample storage KYMOS’ fees for the unused or remaining amounts of samples after the completion of its Services.

11.3. At any time, CLIENT shall request any document or sample to KYMOS, at CLIENT’s charge, i) to be properly destroyed, (ii) to be promptly returned to CLIENT, unless KYMOS shall be required to maintain documents or samples to enable it to comply with any relevant regulations.

12. Termination

12.1. Either Party shall be entitled to terminate this agreement by written notice to the other Party in the event that:  i) the other Party materially breaches any of the provisions of this General Terms or any other agreement between the Parties and such breach is material and not remedied within thirty (30) days upon a receipt of a written notice being given by the non-defaulting Party requiring any such breach to be remedied, ii) the other Party ceases for any reason to carry on business or enters into liquidation.

12.2. CLIENT has the right to cancel any approved work order at any time if there is a justified reason. In such a case KYMOS will cease the works in progress within five (5) working days and charge to CLIENT all the costs and expenses undertaken and the costs of all the economical commitments with third parties that cannot be canceled or are not refundable. However, the initial payment made at the work’s order confirmation shall be considered as non-refundable.

13. Force Majeure

Neither Party shall be responsible for delay, non-delivery, default, loss, costs, claims or non-performance in whole or in part if occasioned by strikes, war, riot, revolution, terrorism, embargoes, fires, floods, droughts, accidents, lockouts, breakdown of machinery, stoppage of labor, government prohibition or other causes beyond any Party, provided always that the concerned Party shall promptly notify the other Party and shall use all reasonable endeavors to remedy, remove or mitigate the cause and effects of such an event. If an event of force majeure prevents one of the Parties from performing its obligations hereunder for more than 3 months, the other Party shall be entitled to terminate this Agreement.

14. Continuing Obligations

On the termination of the Services for any reason, the accrued rights, obligations and remedies of the Parties under these General Terms shall not be affected and those provisions which are intended to continue or come into effect shall do so notwithstanding termination.

15. Assignation

Except to an Affiliate and upon prior notice to the other Party, neither KYMOS nor CLIENT may assign any agreement or credit without the consent of the other Party.

16. Severability

If any term or provision of General Terms shall be held invalid or unenforceable, the remaining terms shall not be affected but shall be valid and enforceable to the fullest extent permitted by law.

17. Independent Contractors

The Parties are independent contractors and under no circumstances shall either Party, its employees or representatives be deemed to be agents, employees, representatives or joint venture partners of the other party. Neither party shall have the right to enter into contracts or commitments in the name of or on behalf of the other in any respect whatsoever.

18. Data protection

Under the provisions of Regulation (EU) 2016/679 of April 27, 2016 and the LSSICE 34/2002 of 11 July, the Information Society and Electronic Commerce, KYMOS will incorporate the CLIENT personal data included therein together with those obtained while any agreement between the Parties is in force to a file created under its responsibility, in order to carry out the management of this contractual relationship and also for the sending of commercial information by electronic or postal means. Said treatment will respond to the following purposes and will have as legal basis the sending of commercial and promotional communications and the management of the contractual relationship with THE CLIENT. At any time, the CLIENT as owner of the data may exercise its rights of of data access, rectification, erasure, restriction of processing, object to processing and automated decision -making and the right to data portability by writing to the address indicated under Clause 19 above. We remind you of your right to file a claim with the Spanish Agency for Data Protection in those cases in which you consider there is a violation of the applicable data protection regulations, by writing to such Agency C / Jorge Juan, number 6, 28001 - Madrid or through the web: https://www.agpd.es

19. Notices

Any notice, request, demand, consent or other communication required or permitted shall be in writing and effectively given if delivered personally, transmitted by certified fax or sent by registered mail. The designated address for KYMOS PHARMA SERVICES, S.L. to the attention of General Management is as follows: Parc Tecnològic del Vallès. Ronda Can Fatjó, 7B. 08290 Cerdanyola del Vallès, Barcelona, Spain. E-mail info@kymos.es. Fax +34 931702999.

20. Governing Law and Jurisdiction

All disputes arising in connection with these General Terms, which cannot be settled amicably, shall be exclusively settled by the courts of Barcelona in accordance with the laws of Spain without giving effect to the principles of conflicts of law thereof.