These provisions regulate the use of the service of the Internet portal of http://www.faus-moliner.com/ that Faus & Moliner Abogados, S.L.P. (“Faus & Moliner”) makes available to Internet users (the “Web F&M”).
1. LEGAL INFORMATION
Faus & Moliner has its legal address at Rambla Catalunya, 135, 3º 2ª, 08008 Barcelona, Spain and VAT number B 64.096.530. Phone: 93.292.21.00. The Company is registered in the Barcelona Mercantile Register, Volume 38392, Page 131, Sheet B324701.
2. ACCESS AND USE
The Access to the Web F&M is free, except for the cost of the connection through the telecommunications network provided by Internet access provider hired by the users.
The use of the Web F&M grants the condition of user of the Web F&M (the “User”) and implies the approval, without any reservation, of this document. The provision of service of the Web F&M has a duration limited to the moment when the User is connected to the Web F&M or to any of the services provided through the Web F&M. Therefore, the User must carefully read this document on each occasion that he intends to use the Web F&M, since the Web and its terms and conditions of use laid down in this document are subject to changes. The legal services provided by Faus & Moliner have the price agreed in each case with its clients and they are on no account offered or provided through the Web F&M.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Web F&M (the “Contents”) are property of Faus & Moliner or of third parties, and none of the exploitation rights recognized by the current regulations on intellectual property over the Contents may be understood as transferred to the User, except those that are strictly necessary for the use of the Web F&M or are agreed in written by Faus & Moliner or by whoever holds the ownership of the exploitation rights. By “Contents” we understand, among others, including, without limitation, the following: texts, photographies, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes.
Al the trade marks, trade names or distinguishing marks that appear on the Web F&M are property of Faus & Moliner or of third parties, and the access to the Web F&M by no means grants any right over the referred trade marks, trade names and/or distinguishing marks.
The links included in the Web F&M can lead the User to other Webs managed by third parties (“Linked Sites”), over which Faus & Moliner does not exercise any kind of control. In these cases, Faus & Moliner acts as provider of intermediary services according to article 17 of Law 34/2002, of 12 of July, regarding Services of the Information Society and E-commerce (“LSSI”) and it will only be responsible for the contents and services supplied in the Linked Sites insofar as it has express knowledge of their unlawful nature and it has not deactivated the link with due diligence. In the case that a User considers that there is a Linked Site with unlawful or inappropriate content he may notify it to Faus & Moliner, although in no case does such notification impose an obligation on Faus & Moliner to remove the link in question. Under no circumstances does the existence of Linked Sites on the Web F&M presuppose the existence of agreements with the people owning or controlling them, nor the recommendation, promotion or identification of Faus & Moliner with the contents of the Linked Sites. Faus & Moliner is not familiar with the contents of the Linked Sites and, therefore, takes no responsibility for any loss and damage arising as a result of the Linked Sites.
The links from other Websites redirecting to the Web F&M can only be directed to the main page or “home” of the Web F&M. Under no circumstances the website that contains such link may reproduce the Web F&M, include it as part of its Web or within one of its “frames” or create a “browser” on any of the pages of the Web F&M, and by no means it can be stated that Faus & Moliner has authorized such link, except if there is a prior written authorization of Faus & Moliner. If the entity that redirects the link from its Webpage to the Web F&M wishes to include in its Webpage the name or any other element of identification of Faus & Moliner, it must obtain a prior written authorization. Faus & Moliner does not authorize the establishment of a link to the Web F&M from those Websites containing materials, information or contents that are unlawful, illegal, degrading, obscene, and that in general, violate generally accepted uses. Faus & Moliner does not have the power or human or technical means to know of, control or approve all the information, contents, products or services provided by other Websites which establish links to the Web F&M, therefore Faus & Moliner takes no responsibility for any aspect or content, without restrictions, regarding the Web F&M that establishes such link to the Web F&M.
The User undertakes to use the Web F&M and its Contents in accordance with the law and with these terms and conditions, and refrains from using them for illicit purposes or contrary to the provisions established therein. The User will be liable against Faus & Moliner for any damages that may be caused as consequence of the non-fulfilment of such obligations.
The User guarantees the veracity, accuracy and adequacy of all information and data provided through the forms available on the Web F&M, as well as that its communication to Faus & Moliner does not violate any third party right.
The Contents of the Web F&M have strictly informative purposes and under no circumstances may be used as substitutes of the legal advice of any kind. The Contents may not reflect the most up-to-date legislation or case-law with regard to the issues analyzed. Accessing the Contents of this Site does not constitute a lawyer-client relationship, or any other type of trust relationship between Faus & Moliner and the User. The user should therefore not act on the basis of the Contents without first seeking the relevant professional advice. Faus & Moliner does not assume liability for decisions taken based on the Contents provided on the Web F&M, nor for any damages to the User or third parties arising from actions based on the Contents.
It is the User’s obligation to have appropriate technical resources to access the Web F&M, as well as the proper tools for the detection and disinfection of harmful computer programs. Faus & Moliner does not take responsibility of the damages of any type incurred by the User which are caused by errors or interruptions of the telecommunication network or any other technical failure that produce the suspension, cancellation, or interruption of the service of the Web F&M. Likewise, Faus & Moliner will not be held responsible for possible damage to Users’ computer equipment or that of third parties due to access to the Web F&M.
6. PERSONAL DATA PROTECTION
6.1. Information and consent
In compliance with the provisions of the current regulations on the Protection of Personal Data, we inform you that the personal data and information that the User provides to us voluntarily when filling in any electronic form available on the Web F&M or by email (“Data”), will be included in a personal data file owned by Faus & Moliner. The purpose of this Data management procedure is to properly manage the relationship that in each case we maintain with the User.
By sending emails or submitting forms included on the Web F&M implies that User gives his unambiguous consent to the inclusion of his personal data to the previously referred file and consents that his Data shall be used in accordance with the purpose previously described. For its part, Faus & Moliner may include the User in its distribution lists and send him newsletters about Faus & Moliner and its activities (such as the Capsulas newsletter, news, publications y events), or any other commercial communications about Faus & Moliner, provided it obtains the express consent of the User.
Faus & Moliner will be able to contract the storage and management of personal data of the Users with Internet service providers. Such providers will act as entities responsible for the processing, and they will act with strict adherence to the instructions issued by Faus & Moliner and in full compliance with the current Data Protection Regulation. No international transfer of data will be made to third parties outside the European Union or to countries that do not guarantee an adequate level of protection in accordance with the current Data Protection Regulation.
The personal data of the User shall be kept while there is a mutual interest to maintain the purpose of the processing and when it is no longer necessary for that purpose, the data will be deleted through appropriate security measures in order to guarantee the pseudonymisation of the data or their total destruction.
6.2. Security measures
Faus & Moliner complies with the current Data Protection Regulation and states that the data are lawfully, fairly and transparently processed in relation with the interested party and appropriate, relevant and limited to the necessary regarding the purposes for which they were collected.
Faus & Moliner guarantees that it has implemented appropriate technical and organizational policies in order to apply the security measures established by the current Data Protection Regulation with the aim to protect the rights and freedoms of the Users.
6.3. User’s rights
The User may exercise his or her rights of access, rectification, portability and suppression of his/her data, and of limitation or objection to their processing under the terms provided by current EU data protection law, and to this end he must sent a notification via postal mail to Faus & Moliner at Rambla Catalunya, 135, 3º 2ª, 08008 Barcelona, or via email to the following address: firstname.lastname@example.org, indicating in both cases his or her name and surnames, an address for notification purposes, adding a photocopy of the National Identity Document or Passport, and stating the specific right to be exercised. The user also has the right to withdraw his/her consent at any moment, and to file a complaint before the supervisory authority (www.agpd.es) if he/she considers that the processing does not comply with current regulations.
7. COOKIES POLICY
In accordance to the provisions of article 22.2 LSSI, Faus & Moliner shall only use data storage and recovery mechanisms (“Cookies”) after the User has given his prior consent to this respect as indicated in the pop-up window of the user’s browser that appears when accessing for the first time the Web F&M and in the rest of terms and conditions that are laid down in the Cookies Policy of Faus & Moliner that all Users must know. The cookies are used with the purpose to facilitate browsing and to provide a personalized service and they are a tool to obtain statistical data on the use of the Web F&M. Cookies are under no circumstances used to store information that would allow the User to be identified.
8. LEGISLATION AND APPLICABLE JURISDICTION
These terms and conditions shall be governed by Spanish law. The parties, to the extent permitted by law, expressly waive all rights to any other jurisdiction that might correspond to them, agreeing to submit to the Jurisdiction of the courts and tribunals of the city of Barcelona, Spain.
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