0.PURPOSE AND ACCEPTANCE
This legal notice regulates the use of the website www.menendez-abogados.com (hereinafter referred to as “the WEBSITE”), the owner of which is MENÉNDEZ Y ASOCIADOS ABOGADOS SLP (hereinafter referred to as “MENÉNDEZ Y ASOCIADOS ABOGADOS).
Browsing throughout the website of MENÉNDEZ Y ASOCIADOS ABOGADOS will give you the condition of user thereof, and entails the full acceptance without reservation of each and every condition reflected in this legal notice, and you are hereby warned that these conditions may be amended without prior notice by MENÉNDEZ Y ASOCIADOS ABOGADOS, in which case the modified conditions will be published and notified of as soon as practicable.
For this reason, it is advisable to read the contents of this legal notice carefully if you wish to access and use the information and services offerred on this website.
Furthermore, the user is obliged to make a correct use of the website in accordance with the relevant laws, the principle of good faith, the public order, the uses of the traffic and this Legal Notice, and the user shall be liable to MENÉNDEZ Y ASOCIADOS ABOGADOS and to the relevant third parties against any damages which may be provoked as a result of the non-compliance of the said obligation.
All uses different from the authorized use will be prohibited, and MENÉNDEZ Y ASOCIADOS ABOGADOS will be entited to refuse or withdraw your access and use of this website at any time.
1.IDENTIFICATION AND COMMUNICATIONS
We –MENÉNDEZ Y ASOCIADOS ABOGADOS–, in compliance with the Spanish Law 34/2002, dated 11th July, on the Services of the Information Society and Electronic Commerce, inform you that:
• Our corporate name is: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP
• Our commercial name is: MENÉNDEZ Y ASOCIADOS ABOGADOS
• Our Spanish Tax ID Code is: B63141717
• Our registered office is located at: Av. Diagonal, 419 4-1 – 08008 Barcelona
• Registered in the Commercial Registry of Barcelona, Volume 41069; Page 36; Section 8; Sheet B377842; 1st Registration.
In order to contact us, we offer you the following different means of contact:
Telephone: 935463346
Email: [email protected]
All the notifications and communications existing between the users and MENÉNDEZ Y ASOCIADOS ABOGADOS shall be considered as effective, to all intents and purposes, when made through any of the means listed hereinbefore.
2.CONDITIONS OF ACCESS AND USE
The access to our website and services are open and free of charge. Nevertheless, MENÉNDEZ Y ASOCIADOS ABOGADOS may make the use of some services offered at their website conditional on the prior completion of the relevant form.
The user shall guarantee both the authenticity and timeliness of each and every datum communicated to MENÉNDEZ AND ASOCIADOS ABOGADOS, and the users shall be the only persons liable for the false or inexact statements made by them.
The user expressly undertakes to make an appropriate use of the contents and services of MENÉNDEZ Y ASOCIADOS ABOGADOS, and also undertakes not to use them with the following aims –among others–:
a) Spreading criminal, violent, pornographic, racist, xenophobic or offensive contents, or contents in support of terrorism, or –in general– contents which are in contravention of the law or the public order.
b) Inserting computer viruses into our network, or performing activities which may alter, damage, interrupt or generate errors or damages to the electronic documents, data or logical and physical systems belonging to MENÉNDEZ Y ASOCIADOS ABOGADOS, or belonging to third parties, as well as obstructing the access of other users into the website and its services through the massive consumption of the computer resources through which MENÉNDEZ Y ASOCIADOS ABOGADOS provides its services.
c) Attempting to gain access to the e-mail accounts of other users or to restricted areas of the computer systems of MENÉNDEZ Y ASOCIADOS ABOGADOS or of third parties, and extracting information therefrom.
d) Violating the rights of industrial or intellectual property, as well as violating the confidentiality of the information belonging to MENÉNDEZ Y ASOCIADOS ABOGADOS or to third parties.
e) Impersonating other users.
f) Reproducing, copying, distributing, making available to third parties, or publicly communicating in any other way, altering or modifying, the contents, unless you have the prior authorization of the holder of the relevant rights or unless this activity is permitted by law.
g) Gathering data for advertising purposes and sending advertising of any type and other communications for sale purposes or for other commercial purposes, without reliance on a prior request or consent.
All the contents in the website, as well as its texts, pictures, graphics, images, icons, technology, software, as well as its graphic design and source codes, represent a work owned by MENÉNDEZ Y ASOCIADOS ABOGADOS, and cannot be copied or distributed, either totally or partially, without the prior consent of the entity; and no exploitation rights thereon can be considered as being given to the user beyond what is necessary for the correct use of the website.
In short, the users accessing this website can view the contents and make –where applicable– authorized private copies providing that the elements reproduced shall neither be assigned to third parties, nor be installed to servers connected to any networks, nor be used for any type of exploitation.
Moreover, all brands, trade names or distinctive signs of any type which appear on the website are the property of MENÉNDEZ Y ASOCIADOS ABOGADOS, and no use thereof or access thereto shall give the user any rights on them.
The distribution, modification, transfer or public communication of the contents, together with any other activities which has not been expressly authorized by the holder of the exploitation rights, are prohibited.
The establishemnt of a hyperlink does not involve, under any circumstances, the existence of any relationships between MENÉNDEZ Y ASOCIADOS ABOGADOS and the owner of the website in which this hyperlink is established, or the acceptance and approval by MENÉNDEZ Y ASOCIADOS ABOGADOS of the contents or services thereof.
MENÉNDEZ Y ASOCIADOS ABOGADOS shall not be liable for the use made by users with regard to the materiales made available on this website, or for the activities performed on the basis of those materials.
3.EXCLUSION OF GUARANTEES AND LIABILITY
The contents of this website are of a general nature and they are merely informative; and the access to all contents, their exhaustiveness, correctness, validity or timeliness, and their suitability or usefulness for a specific purpose, are not fully guaranteed.
MENÉNDEZ Y ASOCIADOS ABOGADOS excludes, to the extent permitted by law, any liabilities arising from the damages of any type derived from:
a) The inaccessibility to the website, or the lack of veracity, exactitude, exhaustiveness and/or timeliness of the contents, as well as the existence of defects of all types in the contents transmitted, diffused, stored, made available to the users, to which the users have accessed through the website or through the services offered.
b) The presence of viruses or other elements in the contents which may cause alterations in the users’ computer systems, electronic files or data.
c) The breach of laws, good faith, public order, the uses of the traffic and this legal notice as a result of a misuse of the website. In particular, and by way of example, MENÉNDEZ Y ASOCIADOS ABOGADOS shall not be liable for the acts of third parties which violate the intellectual or industrial property rights, business secrets, rights to honour, rights to personal and family privacy, rights to personal image, as well as the regulations on unfair competition and illegal advertising.
Furthermore, MENÉNDEZ Y ASOCIADOS ABOGADOS accepts no liability whatsoever for any information which is outside this website and not directly managed by our webmaster. The function of the links which are present on this website is –exclusively– to inform the user of the existence of other sources which may expand on the contents offered by this website. MENÉNDEZ Y ASOCIADOS ABOGADOS does not guarantee, and accepts no liability for, the operation or accesibility of the linked sites; MENÉNDEZ Y ASOCIADOS ABOGADOS does not invite or advise the users to visit them either; for this reason, MENÉNDEZ Y ASOCIADOS ABOGADOS shall not be liable for the result obtained. MENÉNDEZ Y ASOCIADOS ABOGADOS accepts no liability for the establishment of hyperlinks made by third parties.
4.PROCEDURE IN THE EVENT OF PERFORMANCE OF ILLEGAL ACTIVITIES
If a user or a third party considers that there are facts or circumstances which reveal the illegal nature of the use of any contents, and/or the illegal nature of the performance of any activities in the web pages includes or accessible from this website, this user or third party shall notify MENÉNDEZ Y ASOCIADOS ABOGADOS of it, by identifying himself/herself properly and, afterwards, by specifying the supposed infractions and by declaring –expressly and under his/her own responsibility– that the information provided in the notification is exact.
For all litigious matters involving the website of MENÉNDEZ Y ASOCIADOS ABOGADOS, the Spanish legislation shall be applicable; and the Courts and Tribunals of Barcelona, Spain, shall have the relevant competence to deal with these litigious matters.
5.PUBLICATIONS
The administrative information available on this website does not replace the legal publicity of laws, regulations, plans, general provisions and acts which have to be formally published on the official gazettes of the public administrations, which constitute the only instrument which attests to the authenticity and contents thereof. The information available on this websiste shall be considered as being a guideline and does not purport to be legally binding.
6.PRIVACY POLICY
Below we show you the details referred to the different processings of personal data that we, MENÉNDEZ Y ASOCIADOS ABOGADOS SLP, carry out.
6.1. Processing of the personal data of potential customers and web contacts
6.1.1. Basic information on data protection
Data controller: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP
Purpose: To provide the services requested, as well as to send our commercial communications and our informative newsletter.
Legitimacy: Performance of a contract.
Consent by the interested party.
Recipients: These data shall not be transferred to third parties, unless required by a legal obligation.
Rights: You will have the rights to access, rectify and delete the data, as well as other rights –indicated in the additional information–, which may be exercised by sending an e-mail to the data controller at [email protected].
6.1.2. Additional information on data protection
¿Who is the data controller of your data?
Entity: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP – NIF: B63141717
Postal address: Av. Diagonal, 419 4-1 – 08008 Barcelona
Telephone: 935463346
E-mail address: [email protected]
¿For what purpose do we process your personal data?
We –MENÉNDEZ Y ASOCIADOS ABOGADOS– process the information provided by the interested parties with the aim of dealing with their requests and sending them commercial communications, as well as our newsletters.
¿For how long will we keep your data?
The data shall be retained as long as the interested party does not request the deletion thereof and, in this case, during as many years as needed to comply with the relevant legal obligations.
¿What is the legitimacy for the processing of your data?
We let you know the legal ground for the processing of your data:
• Performance of a contract: Provision of the services requested
• Consent by the interested party: Dealing with your request and sending you commercial communications, as well as our newsletters.
¿What recipients will your data be communicated to?
The data will be communicated to the following recipients:
• The Spanish Tax Agency, with the aim of complying with the legal obligations.
• Financial institutions, with the aim of handling the existing business relationship.
No transfers will be made, except those required by a legal obligation.
Transfer of data to third countries.
No transfers of data to third countries are planned.
¿What are your rights once you have provided us your data?
Everyone has the right to obtain information on whether we –MENÉNDEZ Y ASOCIADOS ABOGADOS SLP– are processing your data or not.
The interested parties have the right to access their personal data, as well as to request the rectification of their innacurate data, or to request the deletion thereof when, among other reasons, the data are not necessary any longer for the purposes for which they were collected. The interested parties will also have the right of portability of their data.
In certain circumstances, the interested parties will be entitled to request the limitation of the processing of their data, in which case we will only retain these data for the exercise or defense of claims. Furthermore, in the cases established by law, you will have the right of portability of your personal data.
In certain circumstances and due to reasons related to their particular situation, the interested parties will be entitled to oppose the processing of their data. In this case, MENÉNDEZ Y ASOCIADOS ABOGADOS SLP shall stop processing these data, unless compelling legitimate grounds are given, or unless the exercise or defense of potential claims is given.
You will be able to exercise your rights in the following way: by sending an e-mail to [email protected], or a letter addressed to Av. Diagonal, 419 4-1 – 08008 Barcelona.
When the sending of commercial communications occurs by considering the data controller’s legitimate interest as a legal ground therefor, the interested party will be entitled to oppose the processing of their data for this purpose.
If you have given your consent with regard to a particular purpose, you will be entitled to withdraw this consent at any time, without this affecting the legality of the processing made on the basis of your consent before it being withdrawn.
In case that you feel that your rights regarding the protection of your personal data have been violated, especially when you have obtained no satisfaction while exercising your aforementioned rights, you will be entitled to lodge a claim before the relevant Data Protection Control Authority through its website: www.agpd.es.
6.2 Processing of personal data from e-mail contacts
6.2.1 Basic information on data protection
Data controller: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP
Purpose: To provide the services you have requested, to deal with your requests for information, and to send you commercial communications.
Legitimacy: Performance of a contract, legitimate interest of the data controller, or consent by the interested party.
Recipients: No data will be transferred to third parties, unless required by a legal obligation.
Rights: You will have the rights to access, rectify and delete the data, as well as other rights –indicated in the additional information–, which may be exercised by sending an e-mail to the data [email protected].
6.2.2 Additional information on data protection
¿Who is the data controller of your data?
Entity: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP – NIF: B63141717
Postal address: Av. Diagonal, 419 4-1 – 08008 Barcelona
Telephone: 935463346
CE-mail address: [email protected]
¿For what purpose do we process your personal data?
We –MENÉNDEZ Y ASOCIADOS ABOGADOS– process the information provided by the interested parties with the aim of providing them the services requested, of dealing with their requests of information, and of sending them commercial communications.
¿For how long will we keep your data?
The data shall be retained as long as the interested party does not request the deletion thereof and, in this case, during as many years as necessary in order to comply with the relevant legal obligations.
¿What is the legitimacy for the processing of your data?
We let you know the legal ground for the processing of your data:
• Performance of a contract: Provision of the services requested
• Legitimate interest of the data controller: Sending of commercial communications about our services and/or products.
• Consent by the interested party: Sending of commercial communications about our services and/or products on the basis of prior requests made to the data controller.
¿What recipients will your data be communicated to?
No transfers of data will be made to third parties, unless those required by a legal obligation.
Transfer of data to third countries.
No transfers of data to third countries are planned.
¿What are your rights once you have provided us your data?
Everyone has the right to obtain information on whether we –MENÉNDEZ Y ASOCIADOS ABOGADOS SLP– are processing your data or not.
The interested parties have the right to access their personal data, as well as to request the rectification of their innacurate data, or to request the deletion thereof when, among other reasons, the data are not necessary any longer for the purposes for which they were collected. The interested parties will also have the right of portability of their data.
In certain circumstances, the interested parties will be entitled to request the limitation of the processing of their data, in which case we will only retain these data for the exercise or defense of claims. Furthermore, in the cases established by law, you will have the right of portability of your personal data.
In certain circumstances and due to reasons related to their particular situation, the interested parties will be entitled to oppose the processing of their data. In this case, MENÉNDEZ Y ASOCIADOS ABOGADOS SLP shall stop processing these data, unless compelling legitimate grounds are given, or unless the exercise or defense of potential claims is given.
You will be able to exercise your rights in the following way: by sending an e-mail to [email protected], or a letter addressed to Av. Diagonal, 419 4-1 – 08008 Barcelona.
When the sending of commercial communications occurs by considering the data controller’s legitimate interest as a legal ground therefor, the interested party will be entitled to oppose the processing of their data for this purpose.
If you have given your consent with regard to a particular purpose, you will be entitled to withdraw this consent at any time, without this affecting the legality of the processing made on the basis of your consent before it being withdrawn.
In case that you feel that your rights regarding the protection of your personal data have been violated, especially when you have obtained no satisfaction while exercising your aforementioned rights, you will be entitled to lodge a claim before the relevant Data Protection Control Authority through its website: www.agpd.es.
6.3. Processing of personal data from CVs (personnel selection)
6.3.1 Basic information on data protection
Data controller: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP
Purpose: To carry out the personnel selection processes.
Legitimacy: Consent by the interested party.
Recipients: No data shall be transferred to any third parties, unless required by a legal obligation.
Rights: You will have the rights to access, rectify and delete the data, as well as other rights –indicated in the additional information–, which may be exercised by sending an e-mail to the data controller at [email protected].
6.3.2 Additional information on data protection
¿Who is the data controller of your data?
Entity: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP – NIF: B63141717
Postal address: Av. Diagonal, 419 4-1 – 08008 Barcelona
Telephone: 935463346
E-mail address: [email protected]
¿For what purpose do we process your personal data?
We –MENÉNDEZ Y ASOCIADOS ABOGADOS– process the information provided by the interested parties with the aim of administering the CVs received and of carrying out the personnel selection processes.
¿For how long will we keep your data?
For two years from the last interaction with you.
¿What is the legitimacy for the processing of your data?
We let you know the legal ground for the processing of your data:
• Consent by the interested party: Administering the CVs received and carrying out the personnel selection processes.
¿What recipients will your data be communicated to?
No transfers of your data will be made to third parties, unless those required by a legal obligation.
Transfer of data to third countries.
No transfers of data to third countries are planned.
¿What are your rights once you have provided us your data?
Everyone has the right to obtain information on whether we –MENÉNDEZ Y ASOCIADOS ABOGADOS SLP– are processing your data or not.
The interested parties have the right to access their personal data, as well as to request the rectification of their innacurate data, or to request the deletion thereof when, among other reasons, the data are not necessary any longer for the purposes for which they were collected. The interested parties will also have the right of portability of their data.
In certain circumstances, the interested parties will be entitled to request the limitation of the processing of their data, in which case we will only retain these data for the exercise or defense of claims. Furthermore, in the cases established by law, you will have the right of portability of your personal data.
In certain circumstances and due to reasons related to their particular situation, the interested parties will be entitled to oppose the processing of their data. In this case, MENÉNDEZ Y ASOCIADOS ABOGADOS SLP shall stop processing these data, unless compelling legitimate grounds are given, or unless the exercise or defense of potential claims is given.
When the sending of commercial communications occurs by considering the data controller’s legitimate interest as a legal ground therefor, the interested party will be entitled to oppose the processing of their data for this purpose.
If you have given your consent with regard to a particular purpose, you will be entitled to withdraw this consent at any time, without this affecting the legality of the processing made on the basis of your consent before it being withdrawn.
In case that you feel that your rights regarding the protection of your personal data have been violated, especially when you have obtained no satisfaction while exercising your aforementioned rights, you will be entitled to lodge a claim before the relevant Data Protection Control Authority through its website:
www.agpd.es.
6.4. Processing of the personal data from video surveillance
6.4.1. Basic information on data protection
Data controller: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP
Purpose: To guarantee the safety of persons, goods and facilities.
Legitimacy: Mission in the public interest.
Recipients: The following transfers of data are planned: where applicable, to the State security forces, as well as to Courts and Tribunals.
Rights: You will have the rights to access, rectify and delete the data, as well as other rights –indicated in the additional information–, which may be exercised by sending an e-mail to the data controller at [email protected].
6.4.2. Additional information on data protection
¿Who is the data controller of your data?
Entity: MENÉNDEZ Y ASOCIADOS ABOGADOS SLP – NIF: B63141717
Postal address: Av. Diagonal, 419 4-1 – 08008 Barcelona
Telephone: 935463346935463346
E-mail address: [email protected]
¿For what purpose do we process your personal data?
We –MENÉNDEZ Y ASOCIADOS ABOGADOS SLP– process the information provided by the interested parties with the aim of guaranteeing the safety of persons, goods and facilities.
No automated decisions will be taken on the basis of the data provided.
¿For how long will we keep your data?
The data will be retained for a maximum period of 30 days, unless the communication of these data to the State security forces and/or the Courts and Tribunals is required.
¿What is the legitimacy for the processing of your data?
We let you know the legal ground for the processing of your data:
• Mission in the public interest: Guaranteeing the safety of persons, goods and facilities.
¿What recipients will your data be communicated to?
The data will be communicated to the following recipients:
• Where applicable, to the State security forces, as well as to the relevant Courts and Tribunals, with the aim of offering the relevant images if a crime has been committed.
Transfer of data to third countries.
No transfers of data to third countries are planned.
¿What are your rights once you have provided us your data?
Everyone has the right to obtain information on whether we –MENÉNDEZ Y ASOCIADOS ABOGADOS SLP– are processing your data or not.
The interested parties have the right to access their personal data, as well as to request the rectification of their innacurate data, or to request the deletion thereof when, among other reasons, the data are not necessary any longer for the purposes for which they were collected. The interested parties will also have the right of portability of their data.
In certain circumstances, the interested parties will be entitled to request the limitation of the processing of their data, in which case we will only retain these data for the exercise or defense of claims. Furthermore, in the cases established by law, you will have the right of portability of your personal data.
In certain circumstances and due to reasons related to their particular situation, the interested parties will be entitled to oppose the processing of their data. In this case, MENÉNDEZ Y ASOCIADOS ABOGADOS SLP shall stop processing these data, unless compelling legitimate grounds are given, or unless the exercise or defense of potential claims is given.
When the sending of commercial communications occurs by considering the data controller’s legitimate interest as a legal ground therefor, the interested party will be entitled to oppose the processing of their data for this purpose.
If you have given your consent with regard to a particular purpose, you will be entitled to withdraw this consent at any time, without this affecting the legality of the processing made on the basis of your consent before it being withdrawn.
In case that you feel that your rights regarding the protection of your personal data have been violated, especially when you have obtained no satisfaction while exercising your aforementioned rights, you will be entitled to lodge a claim before the relevant Data Protection Control Authority through its website:
www.agpd.es.