Terms and Conditions of Use of the Sainz & Van Kesteren website
Please be advised to read this Legal Notice each time you access the Site, as this Legal Notice, as well as the Terms and Conditions of Use may be modified at any time.
January 17, 2022
1. Legal information and acceptance
The present provisions regulate the use of the service of the internet portal, web page or website (hereinafter, the “Portal”) of SAINZ & VAN KESTEREN ABOGADOS (hereinafter, the “Firm”).
“The Firm has its registered office at Calle Villanueva nº 29, 5º izquierda, 28.001, Madrid (Spain). It has tax identification number 71.292.575-G. Telephone +34 915 055 773.
Access to the Portal is free of charge except for the cost of the telecommunications network contracted by each user. Some services may be exclusive for clients and their access may be restricted. The legal services provided by the Firm will be billed according to the corresponding estimate of professional services; in this sense, any reference to rates or prices in this Portal will be merely indicative.
Access to the Portal by the User implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time that the User is effectively connected to the Portal.
Some services may require special conditions, regulations and instructions that replace, complement and/or modify this Legal Notice. The access to the corresponding service by the User implies the acceptance of these particular conditions by the User.
2. Intellectual and industrial property
All the contents of the Portal, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Content”), are the exclusive intellectual property of the Firm or third parties (natural or legal persons) that appear as owners of the same, without being transferred to the User by mere access to the Portal. Only the express and written cession for its use, will empower the holder or holders of such session for its legal use.
The trademarks, trade names or logos used or mentioned in the Portal are owned by the office or third parties, without access to the Portal attributes any right over such trademarks, trade names and / or logos.
The User is obliged to always make proper use of the Portal in accordance with current regulations and with this Legal Notice. The User shall be liable to the Office and / or third parties to which it is liable for any damages that may be caused as a result of a breach of this obligation.
It is expressly forbidden to use the Portal for purposes harmful to property or interests of the Office or third parties, or otherwise overload, damage or disable networks, servers and other computer infrastructure or telecommunications (hardware) or products and computer applications (software and ‘apps’) of the Office or third parties.
The User agrees to use the Contents in accordance with current legislation on data protection, information society and electronic commerce and with this Legal Notice, as well as with other conditions, regulations and instructions that may be applicable in accordance with the provisions of Clause 1. By way of example, the User shall refrain from the following conduct or activities:
- Reproduce, copy, distribute, make available to third parties, publicly communicate, transform, or modify any of the Contents, except in cases expressly authorized by law or expressly consented to by the Firm or, where appropriate, by whoever holds the ownership of the respective rights of exploitation of such Content.
- Reproduce or copy for private use the Contents that may be considered as software or database in accordance with the current legislation on intellectual property, as well as its public communication or making it available to third parties.
- Extract and/or reuse all or a relevant part of the Contents of the Portal or of the databases that the Firm makes available to the Users.
3.3 Data Collection Forms
Notwithstanding the provisions of Clause 5 of this Legal Notice, as well as the privacy policies applicable at all times, the use of certain services or requests addressed to the Firm are subject to the prior completion of a form with certain User data. All information provided by the User through the Portal forms must be truthful. Thus, the User guarantees the authenticity of the information provided and keeping it updated, so that it always corresponds to the real circumstances of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the firm or third parties for the information provided.
3.4 Introduction of links to the Portal
In order to avoid the legal responsibilities that, as it might be applicable, any User that wishes to refer this Portal by means of links in its own web pages will have to fulfill the following conditions:
- The link will only link to the main page or home page of the Portal but may not reproduce it in any way (inline links, copy of the texts, graphics, etc.).
- In accordance with the applicable legislation in force at all times, it is expressly prohibited to create frames of any kind that surround the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal in such a way that: (i) produces, or may produce or induce error, confusion or deception in the User about the true origin of the service or Contents; (ii) involves an act of unfair comparison or imitation; (iii) serves to take advantage of the reputation of the brand and prestige of the Firm; or (iv) in any way is prohibited or sanctioned by the legislation in force.
- The page that introduces the link will not incorporate any type of false, inaccurate, or incorrect statement about the Firm, its partners, employees, clients or about the quality of the services it provides.
- In no case shall be expressed on the page where the link is located that the Firm has consented to the insertion of the link or otherwise sponsors, collaborates, verifies, or supervises the services of the sender.
- The use of any word, graphic or mixed mark or any other distinctive sign of the Firm within the page of the sender is prohibited except in cases permitted by law or expressly authorized by the Firm and, in these cases, provided that a direct link to the Portal is allowed in the manner set out in this Clause.
- The page that establishes the link must strictly comply with the applicable legislation and may not in any case provide or link to its own or third party content that: (i) are unlawful, harmful or contrary to human rights, morals and good customs (pornographic, violent, racist, etc. ); (ii) induce or may induce in the User the false perception that the Firm subscribes, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, express or implied of the sender and; (iii) are inappropriate or irrelevant in relation to the activity of the Firm taking into account the content and subject matter of the sender’s website.
4. Exclusion of Liability
Access to the Portal does not imply any obligation on the part of the Firm to verify the truthfulness, accuracy, adequacy, suitability, completeness, and timeliness of the information provided through it. The Contents are of a general or theoretical nature, and in any case opinions. These Contents do not constitute the provision of legal advice or any mandate; therefore, the information provided is insufficient to make personal or business decisions by the User, so that the Firm would not be in any way responsible for decisions taken from the information provided on the Portal, nor for any damages that could generate in the User or third parties having as sole basis the information obtained on the Portal.
4.2 Quality of service
Access to the Portal does not imply any obligation on the part of the Firm to control the absence of viruses, ‘worms’ or malicious programs or malware, as well as any other harmful computer element. In any case, it is the User’s responsibility to have the appropriate tools for the detection, disinfection, and removal of harmful computer programs. In no event shall the Firm be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity, and operation does not correspond to the Firm. Consequently, the services provided through the Portal may be suspended, cancelled, or become inaccessible, prior to or simultaneously with the provision of the Portal service. The Firm is not responsible for damages of any kind caused to the User resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Portal service during the provision of the same or prior.
4.4 Content and services linked through the Portal
The service of access to the Portal may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet portals (hereinafter, the “Linked Sites”). In these cases, The Firm acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of July 12, 2002, on Information Society Services and Electronic Commerce (‘LSSI’) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify the Firm in accordance with the procedure and the effects established in Clause 6, without in any case this communication entails the obligation to remove the corresponding link.
In any case, the existence of Linked Sites should not presuppose the existence of labor relations or commercial agreements with the responsible or owners of these; nor the recommendation, promotion, or identification of the Firm with the statements, content or services offered by the Linked Sites.
The Firm is unaware of the contents and services of the Linked Sites and, therefore, shall not be liable for any damages that may result from the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites, or for any other damage that is not directly attributable to the Firm.
5. Protection of personal data
5.1. Processing of personal data
In compliance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter, the “LOPD”), we inform you that the personal data and information you provide when completing any electronic form available on the Portal (hereinafter, the “Data”), will be incorporated into a file owned by the Firm. The purpose of the processing of the Data is to process your request. The questions included in each of the forms are voluntary, except those marked with an asterisk (*) which are mandatory. If you do not answer the mandatory questions, the Firm reserves the right not to process your request or to request your data by another means.
5.2. Communication of data to third parties
In order to satisfy your request, or request for information, it may be necessary for your Data to be communicated by the Firm to other professionals or companies that collaborate with the Firm and that, in any case, are engaged in the provision of the following services: (i) legal advice; (ii) business consulting; (iii) study, research, training and dissemination activities on matters of professional, university and business interest; (iv) administrative or accounting management; and (v) charitable activities. These professionals and companies are located in Spain. In any case, the information that is communicated will not contain personal data that allows the identification of the owners and in case it is necessary, the respective consent of the owner or interested party will be obtained beforehand.
5.3. Commercial communications
In any of the electronic forms you may be asked for your express consent to send you promotional or commercial communications by any means, including e-mail or other similar electronic means, in accordance with the provisions of Article 21 of the LSSI.
5.4. Security measures
The Firm adopts the security levels required by Royal Decree 1720/2007, of December 21, which approves the Regulation of development of the LOPD, appropriate to the nature of the data that are processed at all times. However, technical security in a medium such as the Internet is not impregnable and there may be malicious actions by third parties, although the Firm puts all the means at its disposal to prevent such actions.
In compliance with the provisions of Article 22.2 LSSI, the Firm will only use data storage and retrieval devices (hereinafter “Cookies”) when the user has given prior, express and unequivocal consent to do so in accordance with what is indicated in the pop-up window of the user’s browser when accessing the Portal for the first time in the other terms and conditions indicated in the Cookies Policy of the Firm that every user should be aware of.
5.6. ARCO Rights
The User may exercise his/her rights of Access, Rectification, Cancellation and Opposition (hereinafter, the “ARCO Rights”) under the terms provided by law by sending a communication by postal mail to the data protection officer of Sainz & van Kesteren abogados, calle Villanueva, nº 29, 5ª planta – 28001 Madrid, or by sending an e-mail message to the following address: email@example.com, indicating in both cases his/her name and surname(s).
6. Communication of unlawful and inappropriate activities
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are unlawful, harmful, degrading, violent or contrary to human rights, morals or good customs may contact the Office indicating the following:
– Personal data of the communicator: name, address, telephone number and e-mail address;
– Description of the facts that reveal the illicit or inadequate character of the Linked Site;
– In the case of infringement or violation of rights such as intellectual and industrial property rights, the communicating party shall indicate the personal data of the holder of the infringed right if it is a person other than the communicating party. Likewise, the title accrediting the legitimacy of the holder of the rights or, as the case may be, that of representation to act on behalf of the holder when he/she is a person other than the communicating party, must be provided;
– Express declaration that the information contained in the claim is accurate and truthful.
The receipt by the Firm of the communication provided for in this clause shall not imply, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the caller.
This Legal Notice is governed in all respects by Spanish law and shall be interpreted in accordance with the same; also, as applicable by the European Data Protection Regulation (GDPR), of direct application and in force since May 25, 2018.