DISCLAIMER

 

CECA MAGÁN ABOGADOS, S.L.P. with Spanish Tax ID no. B85313997, and registered office in 28002- Madrid, Calle Velázquez, nº 150, planta baja, registered with Madrid’s Commercial Register, Volume 25401 , Folio 18, Page 457516, owner of the website under URL localhost/cecamagan, makes available this document to the Users as per the obligations set forth in Act 34/2002 on Information Society Services and E-Commerce, and to provide information about the terms of use of the website.

The terms and conditions in this document, as well as in the document called Privacy Policy, govern the access to and use of the website by the Users who hereby express their consent thereto.

The Provider reserves the right to modify the website’s content and no prior notice or notification shall be given to the Users about the changes made, provided such changes do not affect the provision of the services contracted, with the publication on this website being understood to be sufficient.

GENERAL TERMS OF USE OF THE WEBSITE OWNED BY CECA MAGÁN ABOGADOS, S.L.

Purpose

These General Terms and Conditions govern the use (including the access to) the web pages comprised in the website owned by Ceca Magán Abogados, S.L.P. (“CECA MAGÁN”), included any contents and services made available through them (“CECA MAGÁN ABOGADOS site” Anyone accessing CECA MAGÁN ABOGADOS site (“User”) hereby agrees to the General Terms and Conditions valid from time to time when accessing CECA MAGÁN ABOGADOS site.

The contents and services made available to the User by CECA MAGÁN on the CECA MAGÁN ABOGADOS site (respectively, the “Contents” and the “Services”) may also be governed by specific conditions which, in the event of conflict, shall prevail over the General Terms and Conditions (the “Specific Conditions”). Likewise, the User agrees to any applicable Specific Conditions every time a Content or Service is used.

Consequently, the User shall read carefully the General Terms and Conditions every time the CECA MAGÁN ABOGADOS site is used, as well as any Specific Conditions every time the User intends to use a particular Content or Service.

In any case, CECA MAGÁN reserves the right to change, at any time and with no prior notice, the presentation and configuration of the CECA MAGÁN site as well as these General Terms and Conditions and the Specific Conditions applicable.

Contents

The contents of the CECA MAGÁN site are made available to the User by CECA MAGÁN with information from their own sources and third-party sources.

CECA MAGÁN strives for top-quality and updated Contents. However, CECA MAGÁN cannot guarantee that the Contents are useful, accurate, complete, relevant and/or updated.

The inclusion of Contents on CECA MAGÁN site does not in any way constitute the provision of legal advice services. The User hereby agrees that, to the extent to which the Law is applied in specific cases, it is not automatic, but can vary depending on very distinct circumstances, the information presented in the Contents is not sufficient for decision making, regardless of its nature. Thus, the information presented in the Contents cannot be considered an alternative to legal advice, and CECA MAGÁN advises the User against making decisions based on the information included in the Contents without obtaining adequate professional advice.

Intellectual and industrial property rights

The General Terms and Conditions herein shall not be construed as to assign any industrial or intellectual property rights over CECA MAGÁN site or over any of the elements thereof. The User is therefore expressly prohibited to carry out any reproduction, transformation, distribution, public communication, making available, extraction, reusing, resending or in any way using, by any means or procedure, of any of the elements, except when it is lawful to do so or authorization has been provided by the holder of the relevant rights.

The user shall be able to visualize and obtain a temporary private copy of the Contents for personal and private use only in its computer system (software and hardware), provided it is not for business or professional purposes. The User shall refrain from obtaining, or trying to obtain, the Contents using means or procedures other than those made available or indicated to the User or that are customarily used on-line (provided those do not pose a risk of damage or of being rendered useless to the CECA MAGÁN site). At all times, the User must respect the intellectual and industrial property rights of the CECA MAGÁN site, whether owned by CECA MAGÁN or by a third party.

Hypertext links and linked sites

Hypertext links

The User and, in general, any legal or natural person who intends to provide a hypertext link or technical link device (such as text links or buttons) from its website to CECA MAGÁN site (the “Hyperlink”) must obtain previous written authorization from CECA MAGÁN.

The insertion of the Hyperlink shall in no event imply the existence of any relationship between CECA MAGÁN and the owner of the site or the web page where the Hyperlink is inserted, or the acceptance or approval by CECA MAGÁN of its contents or services.
In any event, CECA MAGÁN reserves the right to prohibit or cancel any hyperlink to the CECA MAGÁN Site at any time, especially, in circumstances where the activity or contents of the web site where the hyperlink has been inserted are unlawful.

Linked sites

The CECA MAGÁN Site makes available to the User, solely for the purposes of searching and accessing information, contents and services available on the Internet, hyperlinks or technical link devices (such as, text links or buttons), which allow the User to access Internet sites or portals which belong to or are managed by third parties (the “Linked Sites”).

CECA MAGÁN does not offer or commercialize on its own behalf or through third parties the information, contents and services available in the Linked Sites, nor does it approve of, supervise or control in any way whatsoever the contents and services or any material of any nature therein available. Thus, User shall be exclusively responsible for the navigation between said sites.

Personal Data Protection

The Provider guarantees compliance with the provisions of Organic Law 15/1999 on Personal Data Protection, as well as the Implementing Regulations of said Law, according to that laid out in the section called Privacy Policy, which is part of this document and which shall be fully accepted by the User; as well as the Cookie Policy herein provided for the same purpose.

Applicable Law

Spanish Legislation shall be applicable to settle all disputes or questions related to this website.


PRIVACY POLICY

 

This Policy (hereinafter, “Privacy and Cookie Policy”) governs the Privacy and Cookie policy of the website http://www.cecamagan.com/  (hereinafter, the “Platform”), owned by CECA MAGÁN ABOGADOS, S.L.P (“CECA MAGÁN”), with Spanish Tax ID B-85313997, registered with Madrid’s Commercial Register, Volume 25401, Folio 18, Page 457516, registered office in 28002-Madrid, Calle Velázquez, nº 150, planta baja and contact email for the purposes of this Privacy and Cookie Policy: administracion@cecamagan.com

  1. USE, PURPOSE AND APPLICABLE LAW

The Platform is an interaction, communication and support mechanism that CECA MAGÁN makes available to Internet users in order to provide them with sufficient, legal and adequate information on its business, products and services, concerning its legitimate economic and business activities. The latter are governed by Spanish applicable law with regard to:

  • The provision of core information society services, according to Law 34/2002 on Information Society Services and E-Commerce.
  • The processing of personal data, following Spanish and European regulations on the protection of personal data of natural persons. In particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”) shall be immediately applicable as of 25/05/2018.

The user undertakes to make an appropriate and lawful use of the Platform and the contents, products and services made available on it, in observance of the applicable legislation from time to time.

Moreover, the user of the Platform specifically undertakes to:

  • Guarantee the authenticity, truthfulness and accuracy of the data communicated to CECA MAGÁN, the user being solely responsible therefor.
  • Use the Platform solely for the purposes and functionalities intended by CECA MAGÁN, as presented by CECA MAGÁN. Any other purpose or use is strictly forbidden.
  • Use the Platform legally and lawfully; avoid any unauthorized, fraudulent, illegal or unlawful use of the Platform and/or the content and information made available on it; avoid any infringements of this policy or violations of any applicable laws, observing the legitimate rights and interests of CECA MAGÁN or any other third parties which may be affected thereby.
  • Not cause any damages to the systems or elements related to the Platform, its suppliers or third parties, or try to breach their security or authentication measures; conduct any actions which may cause a disproportionate or unnecessary saturation of the communication infrastructure or environment related to the Platform, attacking it in any manner.
  • CECA MAGÁN may adopt any preventive or corrective measures necessary to protect its interests with regard to the smooth operation of the Platform and the specific functionalities made available on it from time to time.
  • Not introduce or spread computer viruses or malware which may cause any damage.
  • Not try to access, use and/or manipulate CECA MAGÁN’s data or any data belonging to third-party suppliers or users.
  • The user’s specific undertakings include, but are not limited to the transmission, dissemination or provision of data, contents or messages to third parties which may violate CECA MAGÁN’s or third-party rights.
  • Not access without authorization or interact under a false identity, whether usurping the identify of a third party or using a profile or conducting any other action which may cause confusion or be misleading with regard to the proper identification of the user.
  1. USERS

This privacy and cookie policy is addressed to the Platform users with regard to the processing of their personal data.

Please note that this Platform is aimed at users older than 18 years old and its use is prohibited to minors.

The personal information and data provided by the users who intend to browse and register on the Platform shall be:

  • Sufficient, although targeted, limited and proportionate with regard to the legitimate processing purposes communicated by CECA MAGÁN, with the utmost observance to the principles of purpose limitation and data minimization (articles 5.1 sections b) and c) of GRDP).
  • Accurate, updated and truthful, in order to be able to adequately verify the identity, ability and, as the case may be, representation of the user and to adapt, as the case may be, the processing to the users’ actual specific needs and circumstances. All in observance to the principle of data accuracy (5.1 section d) of GRDP).

The users shall be fully responsible of the correct use of their user accounts and passwords. If the registered user considers that its account or password security may have been compromised, he or she shall promptly contact CECA MAGÁN using the contact details specified at the beginning of this Policy and report the situation or event in question in order for CECA MAGÁN to adopt any appropriate measures. The holders of the personal accounts shall be liable for any damages caused due to the misuse of such accounts and passwords, and CECA MAGÁN shall be fully indemnified in such regard.

  1. RIGHT TO INFORMATION

In compliance with the current regulations protecting personal data and particularly the provisions of articles 12 through 14 of GRDP, you are hereby informed of the following:

  • The data controller is CECA MAGÁN with corporate and tax address in Madrid, Calle Velázquez, nº 150, planta and Spanish tax ID numberB-85313997 and website http://www.cecamagan.com/ and contact email: administracion@cecamagan.com
  • The data that the users provide on the Platform shall be processed with the purpose specifically laid down in this privacy and cookie policy and, as the case may be, in the data forms available on the Platform. In such regard, the collection of data on the Platform has the following purposes:
  • Enable users to browse the Platform, allowing them to access the information and content available on it.
  • Respond to the specific requests that the users may make in this regard.
  • Adopt any applicable protection measures according to current regulations, including any potential anonimization of personal data applying any appropriate techniques available for such purpose. Consequently, anonimization and pseudonymization processings may be conducted in order to better protect the personal data.
  • Apply any relevant security and/or organizational measures and techniques to the users’ personal data which may be convenient to respond to the risks detected by CECA MAGÁN from time to time and affecting their rights, including the encryption of personal data and any other measures which may involve the processing of the data of the Platform users.

In the event you disagree with these processing purposes, please leave our Platform immediately. Otherwise, if you accept this policy or simply continue to browse the Platform once you are aware of this policy, it shall be considered that you expressly consent to the purposes herein. To this end, the provisions of section 4 herein with regard to consent and users’ rights shall be observed.

  • The legitimate basis of the processing is mainly the user’s consent. Therefore, once the user has been informed of this policy, if he or she consents hereto or simply continues to browse the Platform, it shall be considered that the user has expressly consented to the processing of his or her personal data for the purposes specified herein. Thus, if the user disagrees with this policy or with the processing purposes informed herein, he or she is urged to immediately leave the Platform. In the event the user has requested or engaged a specific content, product or service using the Platform, the main processing basis shall be that necessary to adopt any precontractual measures at the data subject’s request or for the performance of a contract, if the user finally engages the relevant content, product or service.
  • Generally, the personal data collected using the Platform shall not be transferred to third parties without having informed the users in advance of the specific data to be transferred, the identity of the data transferees or recipients, their business activity and the specific processing purposes.

Otherwise, the users’ personal data shall not be transferred to third parties, unless the user has consented thereto or, as the case may be, any other legitimate basis concurs as per article 6 GRDP —e.g. if CECA MAGÁN must comply with a legal obligation (lawfulness of processing).

  • Generally, no international personal data transfers shall be made. Otherwise, any necessary measures to comply with the provisions of GRDP shall be adopted.
  • According to article 30 of the Spanish Commercial Code, if the user is CECA MAGÁN’s client, once the relationship between the parties is over, the user’s personal data may be retained by CECA MAGÁN for six years. In the event the user is not a client, his or her data shall be retained for the time strictly necessary to allow the user to smoothly browse, access and enjoy the contents, products and services made available on the Platform that he or she may request or visit, according to the provisions of this privacy and cookie policy and to the applicable regulations from time to time.
  • The user may exercise his or her rights to access, rectification, erasure, restriction of the processing, data portability and objection by writing a communication to the following email address: administracion@cecamagan.com and with the subject “Exercise of rights” attaching to the request a copy of his or her national identity document or of a similar identity document (passport, N.I.E….). In the event you consider your personal rights have not been properly honored, you may lodge a complaint with the competent authority —in this case, the Spanish Data Protection Agency.
  1. DATA SUBJECT’S CONSENT

By accepting this policy, the user gives his or her unambiguous, free and informed consent for the processing of the personal data according to the purposes described under section 3 hereof. With regard to cookies, the provisions of section 7 of this policy shall be particularly observed.

The user shall have the ability to choose the processing and use of his or her data, according to their specific interests and needs from time to time. Thus, when the processing is based on the user’s consent, which may be withdrawn at any time. However, such withdrawal shall not affect the lawfulness of any previous processing conducted by CECA MAGÁN.

In any case, CECA MAGÁN may prevent the use of the Platform and the services, contents and functionalities on it in the event the user does not accept this policy or does not consent to the processing of his or her personal information according to the provisions herein.

The acceptance of this policy is regardless of the acceptance of the specific legal terms and conditions which may govern the user’s specific engagement of the services and products made available on the Platform.

  1. SECURITY

CECA MAGÁN has adopted and applied the levels of security required by current applicable legislation with regard to personal data under its responsibility, based on the relevant risk approach, and endeavor to install and/or apply additional technical or organizational means and measures to strengthen the overall security of processing involving personal data, systems, communication environments and corporate organization, as well as guarantee the due protection against unauthorized or unlawful processing and against the accidental loss, destruction or damage (integrity and confidentiality principle). However, the user must be aware that Internet security measures are not infallible and are according to the state of the art from time to time and to their cost of implementation.

For such purpose, the implementation criteria and security measures, and any other security measures under GRDP, shall be observed, particularly the provisions of article 32 GRDP.

  1. BINDING OBLIGATION OF SECRECY AND CONFIDENTIALITY

CECA MAGÁN undertakes to fulfil the binding obligation of secrecy and confidentiality with regard to the information and personal data provided by the Platform users and under its control and responsibility, according to the regulations and risk approach applicable from time to time.

  1. COOKIE POLICY

This site uses cookies. For more information, please read our Cookies Policy.

  1. VALIDITY AND CHANGES TO THE PRIVACY AND COOKIE POLICY

This policy shall be valid from 25 May 2018, however CECA MAGÁN reserves the right to make changes to this policy to adapt it to future new legislation, doctrine or case law which may be applicable or due to technical, operational, commercial, corporate and business reasons, previously and reasonably informing the users of any changes made as soon as practicable. Nevertheless, we suggest you read carefully this policy every time you access the Platform, as any changes will be published here. Furthermore, CECA MAGÁN may inform the users individually and in advance of any changes to this policy prior to their adoption, provided it is technically and reasonably possible, particularly when such changes affect registered users or CECA MAGÁN’s clients.

  1. LEGAL CONTACT

The protection of your rights is important to CECA MAGÁN. Therefore, should you have any questions or suggestions on this policy, please do not hesitate to contact us by email: administracion@cecamagan.com

  1. JURISDICTION AND APPLICABLE LAW

On a general basis, any dispute or conflict shall be preferably presented to the parties in order to find an amicable solution agreed by both parties. For such purpose, CECA MAGÁN has a legal contact person (or data protection officer, if any) as specified in section 9 hereof. If an amicable solution is not possible, according to the criteria described in GDPR to determine the jurisdiction to solve a dispute, conflict or complaint related to this privacy and cookie policy, the competent administrative authority shall be the Spanish Data Protection Agency (AEPD) and the provisions of article 56 GDPR shall be observed at all times. Regarding CECA MAGÁN’s effective legal protection, the provisions of article 79.2 GDPR shall be observed and any actions shall be brought before the Spanish courts, since CECA MAGÁN is located in Spain. This policy is governed by the Spanish law.