LEGAL NOTICE AND DATA MANAGEMENT AND PROTECTION POLICY
1. Responsible Party.
These provisions govern the use of the website service (hereinafter referred to as “the Website”) that CapKelenn S.L., with Spanish Tax ID Number (“CIF”) B-85770212 (hereinafter, “THE COMPANY”), makes available to its internet users.
CapKelenn S.L., with registered offices at Av. Esparta 40– Las Rozas de Madrid, 28230, Spain, and Spanish Tax ID Number B-85770212, is registered in the Madrid Companies Registry in Volume 27012 of the Companies Book, Folio 183, Page Number M-486678.
2. Applicable Data Protection, Information Society, E-Commerce and Telecommunications Legislation.
All processing of personal data is carried out in accordance with Spanish law; more specifically, in accordance with Organic Law 15/1999 of 13 December on the protection of personal data (“LOPD”), and Royal Decree Law 1720/2007 of 21 December, which implements said Law (“RLOPD”). Publicity sent by email is specifically subject to Law 34/2002 of 11 July on information society and e-commerce services (“LSSICE”), and publicity sent by fax is subject to Law 32/2003 of 3 November – The General Telecommunications Act (“LGT”) – and to Royal Decree Law 424/2005 of 15 April, which approves the Regulation on the conditions for the supply of electronic communications services, universal service and user protection.
3. Legal Information and Acceptance
Access to the Website is free, except as regards the cost of connection via the telecommunications network supplied by the internet provider with whom the user has an agreement. Certain services are offered solely to our customers, and access to these is restricted. General legal or taxation services provided by the Office are priced at the rates specified in the relevant commercial quote, and under no circumstances are they offered or provided via the Website.
Use of the Website confers the status of Website user on those who do so (hereinafter, the “User”) and implies acceptance of all of the terms set out in this Legal Notice. Provision of the Website service shall be of a duration limited to the time during which the User is connected to the Website or any of the services provided through it. The User shall therefore read this Legal Notice carefully each time he or she intends to use the Website, as it and the terms of its use set out in this Legal Notice are subject to change.
Some of the Website services accessible to all internet users or solely to customers of CapKelenn S.L. may be subject to specific conditions, regulations and instructions which, if applicable, replace, supplement and/or amend this Legal Notice, and which shall be accepted by the User before supply of the relevant service begins.
4. Intellectual and Industrial Property
All of the Website’s content, which shall be understood to include but not be limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source code (hereinafter, the “Content”), is the intellectual property of CapKelenn S.L. or of third parties, and none of the exploitation rights recognised in regard to said content under the applicable intellectual property law may be deemed to have been transferred to the User, except for those that are strictly necessary for use of the Website.
Brands, trade names and distinguishing signs are the property of CapKelenn S.L. or third parties, and access to the Website shall not be deemed to confer any rights over said brands, trade names and/or distinguishing signs.
5. Conditions of Use of the Website
The User undertakes to make proper use of the Website, in accordance with the law and with this Legal Notice. The User shall be liable to CapKelenn S.L. or to third parties for any damage caused by breach of this obligation.
Use of the Website for any purpose detrimental to the property or the interests of CapKelenn S.L. or third parties, or that in any way overloads, damages or incapacitates the networks, servers or other IT equipment (hardware) or IT applications (software) belonging to CapKelenn S.L. or third parties is strictly prohibited.
The User undertakes to use the Content in accordance with the law and with this Legal Notice, as well as with any conditions, regulations or instructions that may apply under the provisions of Clause 1.
Pursuant to the applicable law, the User shall refrain from the following activities, which are merely illustrative and do not constitute an exhaustive list:
Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Content, except where authorised by law or with the express consent of CapKelenn S.L. or of the owner of the exploitation rights, where applicable.
Reproducing or copying, for private use, any of the Content that may be considered Software or a Database pursuant to the applicable intellectual property law, or publicly communicating such Content or making it available to third parties when doing so requires reproduction by the User or by a third party.
Extracting and/or reusing all or a substantial portion of the Content that comprises the Website or the databases made available to Users by CapKelenn S.L.
5.3 Data Collection Forms
Without prejudice to the provisions of the clause in this Legal Notice governing the protection of personal data, as well as the privacy policies viewable on the Website which may apply at any given time, the use of specific services and requests made of CapKelenn S.L. are subject to prior completion of the relevant User registration process.
Personal data is collected to enable us to provide services to our customers and users and/or deliver publicity relating to products and services, notices and offers, as well as to carry out general activities of a commercial nature.
In the event of transfer of personal data to a third party, notification shall be duly made in regard to the company transferring said data, the third party the data is transferred to, the type of activities carried out by said party and the reason for the transfer.
All of the information supplied by the User via the Website’s forms for the purposes described above or for any other purpose shall be accurate. To this end, the User shall ensure the authenticity of all data supplied, and shall keep all information supplied to CapKelenn S.L. completely up to date, in such a way that at all times it accurately reflects the actual status of the User. In any event, the User shall be solely liable for any false or inaccurate representations made by said User, and for any damage caused to CapKelenn S.L. or to third parties by the information provided by the User.
5.4 Placement of Links to the Website
Internet users who wish to place links to the Website on their own web pages shall comply with the terms set out below, and ignorance of said terms shall not exclude them from the liabilities arising under the law:
The link shall only connect to the home or main page of the Website. It shall not reproduce it in any manner (inline links, copied text, graphics, etc.).
In accordance with the applicable law at any given time, it is expressly prohibited to set up frames of any type that wrap the Website or enable its Content to be viewed via web pages other than those of the Website and, under all circumstances, to display Content alongside other content not located on the Website, in such a way that it: (I) brings about, or may bring about, error, confusion or the misleading of Users as to the true origin of the service or Content; (II) involves an act of unfair comparison or imitation; (III) makes use of the reputation of the brand and prestige of CapKelenn S.L.; or (IV) is prohibited in any other way under the applicable law.
No form of false, incomplete or inaccurate representation shall be made on the page bearing the link in regard to CapKelenn S.L., its partners, employees or customers, or in regard to the quality of the services it provides.
Under no circumstances shall it be stated on the page bearing the link that CapKelenn S.L. has authorised the insertion of the link or that it in any way sponsors, collaborates with, performs checks on or supervises the services of the link-bearer.
The use of any trademark, either wholly graphic or mixed with text, or any other distinguishing sign of CapKelenn S.L. on the link-bearing page is prohibited except where permitted under the law or expressly authorised by CapKelenn S.L. and providing, in such a scenario, that a direct link to the Website can be created in a manner compatible with the provisions of this clause.
The page on which the link is placed shall duly comply with the law and shall under no circumstances contain or link to own content or content of third parties which: (I) is illegal, harmful, immoral or contrary to generally accepted standards (pornographic, violent, racist, etc.); (II) misleads or could mislead the User into believing that CapKelenn S.L. shares, upholds, adheres to or in any way supports the ideas, representations or claims, whether lawful or unlawful, of the link-bearer; (III) is inappropriate or irrelevant to the activity of CapKelenn S.L. with a view to the placement, content and theme of the link-bearing web page.
5.5 Use of “Cookies”
CapKelenn S.L. uses session and/or permanent “cookies” on its Website. A “cookie” is a small text file that is stored on the user’s computer for various purposes, e.g. to remember his or her browsing preferences. A session “cookie” expires when the user closes the browser and is not stored on the hard drive. A permanent “cookie” is stored on the user’s hard drive for a given amount of time, and expires on a specific date. Users may eliminate them by following the instructions specific to their browser. Users are always given the option of deactivating “cookies” on their browser, and deactivation does not affect navigation on the Website.
6. Use of Google Analytics
7. Exclusion of Liability
7.1 For Information
Access to the Website does not entail any obligation on the part of CapKelenn S.L. to verify the truth, accuracy, suitability, appropriateness or completeness of the information supplied via the Website, or whether this information is up to date. The content of this page is of a general nature and in no way constitutes the provision of a legal or taxation consulting service of any sort. This information is therefore not a sufficient basis for the taking of personal or business decisions by the User.
CapKelenn S.L. shall not be held liable for decisions taken based on the information supplied on its Website or for any damages that may be caused to the User or third parties by actions that are based solely on information obtained from the Website.
7.2 For Quality of Service
Access to the Website does not entail an obligation on the part of CapKelenn S.L. to ensure the absence of viruses, worms or any other harmful IT feature. In any event, it is the responsibility of the User to possess adequate tools with which to detect and repair harmful software applications.
CapKelenn S.L. shall not be held liable for any damage to the IT equipment of Users or of third parties that may occur during provision of the Website service.
7.3 For Availability of Service
Access to the Website requires services and supplies by third parties, including transmissions via telecommunications networks whose reliability, quality, lack of interruption and overall functionality are not the responsibility of CapKelenn S.L. The services provided over the Website may thus be suspended, cancelled or inaccessible, either before or during the provision of service via the Website.
CapKelenn S.L. shall not be held liable for any damage caused to the User by the failure or disconnection of telecommunications networks resulting in suspension, cancellation or interruption of Website service during or before the provision of said service.
7.4 For Content and Services Accessible Via Links on the Website
The service entailed in accessing the Website includes technical features such as links, directories and even search tools enabling the User to access other web pages and sites (hereinafter, “Linked Sites”). Where such features exist, CapKelenn S.L. acts as an intermediary service provider pursuant to Article 17 of Law 34/2002 of 12 July on information society and e-commerce services (“LSSI”), and shall only be held liable for the content and services supplied on Linked Sites to the extent that it is effectively aware of their illegality and has not deactivated the relevant link with due diligence. Should the User believe that a Linked Site exists that contains illegal or unsuitable content, he or she may notify CapKelenn S.L. of this in accordance with the procedure and practices laid down in Clause 6. Under no circumstances shall this notification give rise to an obligation to eliminate the link in question.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the managers or owners of said Sites, or a recommendation, promotion or association of CapKelenn S.L. with the representations, content or services provided.
CapKelenn S.L. is not aware of the content or services of Linked Sites, and shall thus not be held liable for any damage caused by the illegality, quality, failure to update, inaccuracy or lack of utility of the content and/or services of Linked Sites, or for any other damage not directly attributable to CapKelenn S.L.
8. Protection of Personal Data
Information collected via the Website’s data forms shall be placed in an automated personal data file under the responsibility of CapKelenn S.L. Said company shall process data confidentially, for the sole purpose of managing relationships with its customers and promoting the activities carried out by THE COMPANY. Similarly, CapKelenn S.L. shall cancel, eliminate and/or place a freeze on data discovered to be inaccurate or incomplete or which is no longer necessary or relevant for its purpose, in accordance with the provisions of applicable data protection legislation.
By clicking the “send” button on the relevant form, the User expressly consents to the use of his or her data for the purpose of delivery of commercial material by email or by any other means. Nevertheless, the User may opt out of receipt of such material by marking the relevant box in each form. Similarly, each time commercial material is sent the procedure to be followed to opt out of receipt of further commercial material shall be expressly stated.
Fields marked with an asterisk on data collection forms must be filled in. Should the User not provide the relevant information, CapKelenn S.L. shall thus be entitled, at its own discretion, to deny the relevant service.
9. Protection of Personal Data Right to Access, Rectify, Eliminate or Oppose Data
Under the provisions of Article 15 and the following articles of Law 157/1999 of 13 December on the protection of personal data, and as laid down in the Implementing Regulation approved by Royal Decree Law 1720/2007 of 21 December, at any time the owner of the personal data may exercise the right to access, rectify, eliminate or oppose said data by writing to CapKelenn S.L., Av. Esparta 40– Las Rozas de Madrid, 28230.
CapKelenn S.L. applies the levels of security required under the Security Measures Regulation approved by Royal Decree Law 994/1999 of 6 June. Despite this, technical security in an environment such as the internet is not impregnable, and leaks may exist stemming from harmful acts by third parties.
The User may configure the browser to prevent the creation of cookie files or to provide a warning upon their creation. The Website may be accessed without any need to allow cookies, although this may prevent the proper functioning of security mechanisms for exclusive or specific services that require greater security. As a general rule, the purpose of the cookie files associated with the Website is to facilitate browsing for the User.
10. Reporting Illegal and Unsuitable Activities
In the event that the User or any other internet user is aware of Linked Sites that connect to pages whose content or services are illegal, harmful, violent or immoral, this may be notified to CapKelenn S.L. The following details shall be provided:
Personal details of the notifying party: name, address, telephone number and email address;
Description of the facts that reveal the Linked Site to be illegal or unsuitable;
In the event that rights are violated, e.g. intellectual and industrial property rights, the personal details of the holder of the violated right when the holder is not the notifying party. Similarly, proof that said right is legally held shall be provided, as well as, if applicable, proof of authorisation to act on behalf of the right holder as the representative thereof when said holder is not the notifying party;
Express representation that the information contained in the complaint is accurate.
Receipt by CapKelenn S.L. of notification in accordance with the terms set out in this clause shall not entail, under the provisions of the Information Society and E-Commerce Services Act (“LSSI”), effective awareness of the activities and/or content specified by the notifying party.
All of the particulars set forth in this Legal Notice shall be governed by Spanish law.