Legal Notice

PRIVACY POLICY AND GENERAL CONDITIONS FOR USE OF THE WEBSITE Of MARISTANY ABOGADOS

PRIVACY POLICY

1. Data collected

  • Mere browsing. No data will be automatically recorded that would permit the individual identification of users (“Users”) merely as a result of visiting and browsing this website (the “Website”) of Maristany Abogados, S.L.P. (“Maristany Abogados”). However, certain information is collected and recorded in the systems of Maristany Abogados (e.g. type of Internet browser, operating system, IP address from which the pages of the Website have been accessed) in order to improve browsing for Users and the management of the Website itself. The Website may also use cookies and similar technologies, which use is subject to the consent of Users in accordance with the Cookies policy.
  • Access to content or services for which data are requested.Without prejudice to the above, Maristany Abogados may require that Users provide certain personal data, which may essentially include given name, surnames, email, company, position and professional contact details, in order to access certain information or use certain Website content or services. In these cases, Maristany Abogados will provide Users with the necessary information before processing their data.

2. Controller

Maristany Abogados, with registered office at Balmes 222, 2º 1ª, 08006, Barcelona (Spain) and CIF B66492810, controls the processing of the data that are collected or generated as a result of Users accessing, using and browsing the Website and of control of the Website.

3. Purposes of processing

In addition to managing the requests for information, content or services that Users expressly make or to which they consent, Maristany Abogados has a legitimate interest in using the information that is collected or generated in order to:

  • improve the Website, its management and its security,
  • conduct studies to analyse the relevance and use of the Website, including by way of anonymised information, and
  • when permitted under applicable law, inform Users regarding legal current affairs via publications, seminars and other initiatives.

4. Communications

Data will not be disclosed to third parties except, where applicable, to competent public authorities in the exercise of their functions. The Website may exceptionally use third-party company cookies in accordance with the Cookies policy and with the consent of the User.

Maristany Abogados is a firm with international professional activity, and occasionally the development and implementation of professional relationships may require transfers of data to other countries, some of which may not offer a level of data protection similar to that within the EU. In the event that any of our services or IT systems providers are located outside of the EU, Maristany Abogados will adopt all the applicable guarantees in accordance with the law to ensure proper data management.

5. Legal basis and retention

The legal basis upon which Maristany Abogados is permitted to process the data of Users are:

  • Users voluntarily accessing and browsing the Website,
  • Users requesting information or certain content or services,
  • compliance by Maristany Abogados with legal obligations,
  • the legitimate interest of improving the Website and its security, as well as of conducting studies and analyses regarding the operation and use of the Website, and
  • if Users consent to the processing or it is in the legitimate interest of Maristany Abogados to do so, the sending of legal information and news.

Data will be retained for as long as there are contractual obligations deriving from services or content requested by Users and subsequently until the expiration of legal, contractual or professional responsibilities that require its retention (e.g. until the expiration of responsibility deriving from data protection or cybersecurity regulation). In the event that data are processed in order to send information regarding legal current affairs, they may be stored as long as Users do not object to receiving information via any of the various free-of-charge and straightforward means that are made available to them.

6. Rights of Users

Users may exercise their right of access, rights to rectification, erasure, object, limitation of processing and data portability, when appropriate, with respect to the processing for which Maristany Abogados is the controller, by communication in writing sent at the e-mail address info@maristany.com, providing evidence of their identity. They may also contact the Spanish Data Protection Agency (Agencia Española de Protección de Datos).

GENERAL CONDITIONS FOR USE OF THE WEBSITE

OBJECT

These General Conditions regulate the use of the web pages that comprise the Website, including mere access to them. All Users who access the Website agree to be bound by the General Conditions in force at any time when they access the Website.

The content and services that Maristany Abogados makes available to the User on the Website may also be governed by special conditions (the “Special Conditions”) that will prevail over the General Conditions in the event of discrepancy. Users also accept the corresponding applicable Special Conditions each time they request or use the corresponding content or service.

As a result, Users must read the General Conditions carefully each time they intend to use the Website, as well as the corresponding Special Conditions, if applicable, each time they intend to use the relevant content or service.

In any event, Maristany Abogados reserves the right to amend at any time the appearance and structure of the Website, as well as these General Conditions or the corresponding Special Conditions.

USE OF THE WEBSITE

The Website is not a source of advice or a means to establish a professional client-lawyer relationship or any other kind of relationship.

Use

The use of the Website shall be free of charge unless provided otherwise in the Special Conditions, without prejudice to the connection charge that Users pay to access the corresponding telecommunications network.

Users are aware and voluntarily and expressly accept that they use the Website in all cases under their sole and exclusive responsibility.

Users undertake not to engage in any conduct when using the Website that could harm the image, interests or rights of Maristany Abogados or of third parties, or that could damage, disable or overload the Website, or that could in any form impede the normal use of the Website.

Maristany Abogados implements reasonably appropriate security measures to identify the existence of viruses. Notwithstanding this, Users must be aware that the security measures for computer systems on the Internet are not entirely reliable and that Maristany Abogados cannot therefore guarantee the non-existence of viruses or other elements that could cause alterations to Users’ computer systems (software and hardware) or electronic documents and the files contained in them.

Content

Maristany Abogados makes the Website content available to Users with information taken from its own and, eventually, from third-party sources.

Maristany Abogados seeks to procure that the content is of the highest possible quality and reasonably up-to-date; however, it does not guarantee its usefulness, accuracy, completeness, relevance or that it is up-to-date.

The inclusion of content on the Website in no way constitutes the provision of legal advice. Users acknowledge that insofar as the application of the law to specific cases is not automatic but rather varies depending on a very wide range of circumstances, the information included in the content is insufficient to take decisions of any nature. Therefore, the information included in the content cannot be considered an alternative to legal advice, and Maristany Abogados advises Users not to take decisions based on the information included in the content without obtaining suitable professional advice.

Intellectual and industrial property rights

These General Conditions do not assign any intellectual or industrial property rights over the Website or over any of its elements. Users are strictly prohibited from engaging in the reproduction, transformation, distribution, public communication, publication, extraction, reuse, forwarding or use of any nature, by any means or procedure, of any element of the Website, except as legally permitted or as authorised by the holder of the corresponding rights.

Users may view and obtain temporary private copies of the content for their exclusive personal and private use on their computer systems (software and hardware), provided that the purpose thereof is not to carry out activities of a commercial or professional nature. Users must refrain from obtaining or attempting to obtain the content via means or procedures other than those which have been made available to them or indicated for such purpose or which are commonly used on the Internet (provided that the latter do not imply a risk of harming or disabling the Website). Users must at all times respect all the intellectual and industrial property rights existing over the Website, whether held by Maristany Abogados or by third parties.

Hyperlinks and Linked Sites
a) Hyperlinks

Users and, in general, any legal or natural person intending to provide a hyperlink or technical link device (e.g. text links or buttons) from their website to the Website (the “Hyperlink“) must obtain prior written authorisation from Maristany Abogados.

The creation of the Hyperlink in no case implies the existence of any relationship between Maristany Abogados and the owner of the website or web page where the Hyperlink is created, or the acceptance or approval by Maristany Abogados of its content or services.

In any event, Maristany Abogados reserves the right to prohibit or disable at any time any hyperlink to the Website, particularly in circumstances involving unlawful activity or content on the website where the hyperlink has been inserted.

Linked Sites

The Website could eventually made available to Users, solely for searching and accessing information, content and services that are available on the Internet, hyperlinks or technical link devices (e.g. text links or buttons) that enable Users to access Internet sites or portals belonging to or managed by third parties (the “Linked Sites”).

Maristany Abogados does not offer or market, on its own behalf or on behalf of third parties, the information, content and services available on the Linked Sites. Nor does it approve, supervise or control in any way the content and services or any material of any nature existing on the Linked Sites. Users assume entire and exclusive responsibility for browsing such sites.

GOVERNING LAW AND JURISDICTION

These General Conditions are governed by national Spanish law and unless provided otherwise by applicable law (including consumer regulations), the parties will submit any dispute to the courts and tribunals of the city of Barcelona.

CONTACT ADDRESSES

If any User has any query regarding these General Conditions or any comment concerning the Website, please contact us at info@maristany.com.

Copyright 2018 Maristany Abogados, S.L.P. Partial or total reproduction prohibited. All rights reserved.