Pactaria Legal

Terms and Conditions

In compliance with (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data, (ii) Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and (ii) Law 34/2002, of July 11, on information society services and electronic commerce, as well as any other applicable regulations on Data Protection, we provide detailed information in these Terms and Conditions, which, among other things, regulate our Privacy Policy. DATA PROCESSING RESPONSIBLE Identity: PACTARIA, S.L.P.U. (hereinafter "PACTARIA LEGAL," "us," "we," or "our") Postal Address: Calle Uría, number 20, 7th right, Oviedo, Postal Code 33003 (Principality of Asturias, Spain) Phone: +34 607 343 333 Email: info@pactarialegal.com PACTARIA, S.L.P.U. is a limited liability company dedicated professionally to the provision of legal services. It is registered in the Registry of Professional Partnerships of the Bar Association of Oviedo since February 4, 2022, with registration number 142. TERMS AND CONDITIONS These Terms and Conditions regulate the use of the Internet portal service "http://www.pactarialegal.com" and its subdomains (hereinafter, collectively "the Portal") made available to Internet users by PACTARIA, S.L.P.U. These Terms and Conditions (which may be modified from time to time by PACTARIA LEGAL) apply to all services available online, through any mobile device, by email, or by phone. By accessing, browsing, and using our Portal, you acknowledge that you have read, understood, and agree to the Terms and Conditions outlined below (including the privacy section). Using the Portal implies the condition of Portal User (hereinafter the "User") and entails full and unconditional acceptance of each and every provision included in these Terms and Conditions in the version published by PACTARIA LEGAL at the moment the User accesses the Portal. Therefore, the User must read these Terms and Conditions each time they intend to use the Portal because both the Portal itself and these Terms and Conditions may be modified by PACTARIA LEGAL. These pages, their content, structure, infrastructure, and the services offered through this Portal (the "Service") belong to and are managed and supplied by PACTARIA LEGAL. They can only be used for personal and non-commercial purposes, in accordance with the Terms and Conditions specified below. INTELLECTUAL AND INDUSTRIAL PROPERTY All content on the Portal (texts, photographs, images, software, source code, etc.) is the intellectual property of PACTARIA LEGAL or third parties and may not be reproduced, transmitted, copied, distributed, manipulated, or used in any way and for any purpose without the prior written authorization of PACTARIA LEGAL, maintaining the copyright intact and any other indicator of the intellectual property of the materials or contents. Any use or modification of the contents of the Portal for any purpose other than that authorized in these Terms and Conditions will be considered a violation of international copyright laws protecting copyright. Trademarks, trade names, or distinctive signs are the property of PACTARIA LEGAL or third parties, and access to the Portal does not imply any rights over said trademarks, trade names, and/or distinctive signs. PRIVACY POLICY What type of personal information does PACTARIA LEGAL use? Each time you visit our Portal, we may collect certain information such as your IP address, the browser you use, and information about your computer's operating system, browser version, language settings, and the pages you have viewed. If you are using a mobile device, we may also collect device identification data, such as the operating system version and language settings. We may also receive information about you when you use certain social media services. Why does PACTARIA LEGAL collect, use, and share your personal data? Customer service: We offer customer service through (i) the phone number +34 607 343 333 from 9:00 am to 7:00 pm from Monday to Friday and (ii) the email info@pactarialegal.com, 365 days a year, 24 hours a day. We share your data with our customer service staff to assist you whenever you need us. Marketing actions: We may use your data for marketing actions if you expressly authorize us, as permitted by current applicable law. In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data, and any other applicable regulations on Data Protection, your personal data will be incorporated and processed in the files of PACTARIA LEGAL to provide you with our services, by providing the email address or other personal data, a necessary requirement for the hiring of certain services. Users give their permission for these addresses to be processed and, in addition, used to send commercial communications promoting or advertising the services and products offered by PACTARIA LEGAL. Other types of communications: On other occasions, we may contact you by email, regular mail, or telephone, depending on the contact information you have shared with us. We may do so for various reasons: To welcome you to the Portal. To confirm the email address with which you have registered on the Portal. To recover your password. When you use our services, we may send you a questionnaire or invite you to comment on your experience with our Portal. We may also send you other types of material related to our services, such as information on how to contact PACTARIA LEGAL if you need help related to those services, and information that we believe may be useful to you. Market research: Occasionally, we invite our clients to participate in market research. The personal data you provide us to participate in market research will only be used with your consent. Fraud detection and prevention: We may use personal information to detect and prevent fraudulent actions and other illegal or unwanted activities. Improvements to our services: Finally, we use personal information for analytical purposes, improvements to our services, improvements to the customer experience, and improvements to the functionality and quality of our services. Information to third parties: PACTARIA LEGAL may use the personal information provided by users when registering on our Portal to transmit it to third parties, exclusively for the provision of services offered by PACTARIA LEGAL. How does PACTARIA LEGAL use social networks? We use social networks, among other purposes, to promote the events and activities offered by our collaborators and to advertise, improve, and offer our own services. In addition, the Portal has accounts on social networks and also offers some services in connection with these types of networks. These services on social networks allow you to share information with the Portal. For example, when you register on a social media application, you will receive information about the type of information that will be shared with the Portal. The information you decide to share with us may include the basic information available in your social media profile, such as your email address, status updates, and your list of friends. This information is necessary to create a unique user experience on our Portal. This way, it is easier to customize our Portal according to your preferences, connect with your friends to discuss services similar to those offered by PACTARIA LEGAL, and improve our services. The provider of the social network in question may inform you about how it uses and processes your data in these cases. How does PACTARIA LEGAL share your data with third parties? En certain circumstances, we may share your personal data with third parties. ⦁ External Service Providers: We may use external service providers (such as data processors) to process your personal information on our behalf. Data processors must comply with confidentiality clauses and fulfill all their obligations and responsibilities according to the contract binding both parties and the current data protection regulations. They are prohibited from using your personal information for their own purposes or any other purpose. ⦁ Competent Authorities: We may share your personal information with law enforcement agencies and other government authorities if required by law or strictly necessary to prevent, detect, or prosecute fraud and criminal activities. ⦁ Business Partners: We collaborate with business partners to distribute or advertise the services we offer through our Portal and to assist our business partners in distributing and advertising their services. This may involve integrating their services into our Portal, allowing them to display personalized ads on our Portal, or us advertising on theirs. When you make a purchase on the website of one of these business partners, the partner may share with us certain personal information that you have authorized them to share. Similarly, we may share information with this business partner if you request it. When making a purchase on the website of one of our business partners, please read their privacy policy for more information. 4. PORTAL TERMS OF USE 4.1. Obligation to make proper use of the Portal The User undertakes to use the Portal in accordance with the current law in the Kingdom of Spain, these Terms and Conditions, as well as morality and generally accepted good customs and public order. The User will be liable to PACTARIA LEGAL or third parties for any damages that may be caused as a result of the breach of this obligation. In using the Portal, the User agrees not to engage in any conduct that could damage the image, interests, and rights of PACTARIA LEGAL or third parties, or that could damage, disable, or overload the Portal, or prevent, in any way, the normal use of the Portal. For this purpose, the User will refrain from using the Portal for illegal purposes, harmful to the rights or interests of third parties, or that may in any way damage, disable, overload, deteriorate the normal use of the Portal, or in any other way overload, damage, or disable the networks, servers, and other computer equipment (hardware) or products and computer applications (software) of PACTARIA LEGAL or third parties. 4.2. Introduction of links to the Portal Users who want to introduce links from their own websites to the Portal must comply with the following conditions: ⦁ The link will only link to any page but may not reproduce it in any way (inline links, copying of texts, graphics, etc.). ⦁ It is forbidden to establish iframes or macros of any kind that wrap the Portal or allow the display of its contents through Internet addresses different from those of the Portal itself. In any case, this prohibition also includes that they are displayed together with content unrelated to the Portal, in a way that: (i) causes error, confusion, or deception in Users about the true origin of the content; (ii) constitutes an act of unfair comparison or imitation; (iii) serves to take advantage of the reputation of the brand and the prestige of PACTARIA LEGAL; or (iv) is otherwise prohibited by the current legislation in the Kingdom of Spain or goes against the practices and customs of professional conduct that are generally accepted on the Internet. No false, inaccurate, or incorrect statements will be made from the page that introduces the link about PACTARIA LEGAL, its partners, associates, and employees, or about the functions it performs. It will not be declared or implied that PACTARIA LEGAL has authorized the link or that it has assumed or supervised in any way the services offered or made available on the website where the link is established. The establishment of the link does not imply, in any case, the existence of relationships between PACTARIA LEGAL and the owner of the website where it is established, nor the acceptance or approval by PACTARIA LEGAL of its contents or services. The page that establishes the link must faithfully comply with the law and may not, in any case, dispose of or link to its own or third-party content that is illegal, harmful, or contrary to morality and good customs or that is inappropriate and conflicts with the activity of PACTARIA LEGAL. 4.3. Protection of Personal Data Data Controller: Identity: PACTARIA, S.L.P.U. - VAT: B74445248 Address: Uría Street, number 20, 7th right, Postal Code 33003 Oviedo (Principality of Asturias, Spain) Phone: +34 607 343 333 Email: info@pactarialegal.com On behalf of our company, we process the information you provide to us in order to provide the services described in our Terms and Conditions, available for consultation on the Portal www.pactarialegal.com and, where applicable, in the service provision contract signed with you, as well as to invoice them, carry out administrative, accounting, and economic management. The personal data provided will be kept as long as the professional relationship is maintained or for the years necessary to comply with legal obligations. The data you provide will not be transferred to third parties, except in cases where there is a legal obligation or there is another legitimacy contemplated in the regulations, such as the execution of a contract with you or your consent. You have the right to obtain confirmation as to whether PACTARIA LEGAL is processing your personal data; therefore, you have the right to access your personal data, correct inaccurate data or request its deletion or cancellation when the data is no longer necessary for the purposes for which it was collected. By simply visiting the Portal, no data automatically identifying a User is recorded. However, the use of certain services or requests directed to PACTARIA LEGAL is conditioned on the prior completion of the corresponding User registration, in which certain personal data may be required. In particular, the submission of forms requires the collection of personal data for the provision of these services. In the data collection forms, fields marked with an asterisk are mandatory, so in case the User does not provide the corresponding data, PACTARIA LEGAL may, at its sole discretion, deny the corresponding service. All information provided by the User through the Portal forms for the aforementioned purposes or any others must be truthful. For these purposes, the User guarantees the authenticity of all the data communicated and will keep the information provided to PACTARIA LEGAL updated so that it responds, at all times, to the real situation of the User. The User will be solely responsible for false or inaccurate statements made and for the damages caused to PACTARIA LEGAL or third parties by the information provided. The data collected through the data collection forms on the Portal will be incorporated into an automated file of personal data for which PACTARIA LEGAL is responsible. This entity will treat the data confidentially. In the case of online consultations, this information will be used to respond to the questions raised and to manage the relationship with its clients and promote the services offered by PACTARIA LEGAL. The information from the forms will be used for the provision of the ordinary services of PACTARIA LEGAL; therefore, if applicable, the only recipients of the information resulting from the processing of such data will be the responsible parties of PACTARIA LEGAL. PACTARIA LEGAL will take the necessary measures to prevent its alteration, loss, processing, or unauthorized access, in accordance with the provisions of the applicable regulations. Notwithstanding the foregoing, technical security on the Internet is not impregnable, and leaks may occur due to malicious actions by third parties. 4.4. Linked Sites The Portal may include technical link devices that allow the User to access other pages and Internet portals (hereinafter, "Linked Sites"). In these cases, PACTARIA LEGAL acts as a service provider of intermediation in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society 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 effective knowledge of the illegality and has not deactivated the link with due diligence. PACTARIA LEGAL is not aware of the content and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, unavailability, error, and uselessness of the Linked Sites or for any other damage that is not directly attributable to PACTARIA LEGAL. 5. TERMS AND CONDITIONS FOR USERS 5.1. Scope of our Services Through the Portal, PACTARIA LEGAL provides an online platform through which professional services are rendered. While we strive to make our service as accurate as possible, we cannot verify or guarantee that all information is accurate, complete, or correct. We are also not responsible for errors (such as obvious and typographical errors), interruptions (due to temporary and/or partial server crashes or repairs, updates, and maintenance of our Portal or other reasons), inaccurate, misleading, or false information, or lack of information. Our services are for personal and non-commercial use only. Therefore, it is not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, or reproduce the content, information, software, products, or services available on our Portal for any commercial or competitive activity. 5.2. Cookie Policy PACTARIA LEGAL and our Portal respect your privacy. You can refer to our Cookie Policy for more information on this same Portal. 5.3. Disclaimer for Users In accordance with the limitations stated in these Terms and Conditions, and to the extent permitted by law, we are only liable for direct damages that you may suffer, pay, or incur due to defects attributable to our obligations regarding our Services. Therefore, under no circumstances will PACTARIA LEGAL be responsible for any type of damage that may be caused by a third party unrelated to PACTARIA LEGAL. PACTARIA LEGAL will never be responsible for damages you may suffer, pay, or incur as a result of the processing of data by third parties. However, to the extent permitted by law, neither we nor any of our directors, employees, representatives, distributors, affiliates, licensees, agents, or other persons involved in the creation, sponsorship, and promotion of the Portal and its content will be liable for: (i) punitive, special, indirect, or consequential losses or damages, loss of production, profits, revenue, contracts, as well as losses or damages to customers or reputation and losses of claims; (ii) errors related to the description of information (including information about prices, availability, and ratings) of the Services offered on our Portal; (iii) services provided or products offered by other business partners; (iv) losses, damages, or costs (direct, indirect, consequential, or punitive) that you may suffer, incur, or pay, arising from or related to the use, unavailability, or delay of our Portal; or (v) any kind of harm (personal), death, property damage, or other damages, losses, and expenses (direct or indirect, consequential, or punitive) that you may suffer, incur, or pay, either due to acts (legal), errors, violations, negligence (obvious), deliberate professional misconduct, omissions, breaches, misrepresentation, objective tort liability, or (wholly or partly) attributable to the establishment or other business partners (including any of their employees, directors, staff, agents, representatives, or affiliated companies) whose products or services (directly or indirectly) are available, offered, or promoted on or through our Portal, including any cancellation (partial or total), strike, force majeure, or other acts beyond our control. By uploading information to our system, you certify, guarantee, and confirm that you own the "copyright" of the photo/image and that you agree to PACTARIA LEGAL using such photo or image on its websites (mobile), mobile applications, and promotional materials (online and offline), as well as in any publication that PACTARIA LEGAL deems appropriate. You are granting PACTARIA LEGAL a non-exclusive, universal, irrevocable, unconditional, and permanent right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate, and facilitate the photos/images in the manner that PACTARIA LEGAL deems appropriate. By uploading these photos/images, the person uploading them accepts legal and moral responsibility for each and every legal claim made by a third party (including, but not limited to, accommodation owners) arising from the use and publication of the photos/images by PACTARIA LEGAL. PACTARIA LEGAL does not own or endorse in any way the photos/images that are uploaded. The accuracy, validity, and right to use all photos/images will be the responsibility of the person who uploaded the photo, and it will never be the responsibility of PACTARIA LEGAL. PACTARIA LEGAL denies any responsibility or obligation for published photographs. The person who uploaded the photos guarantees that the photos/images do not contain any viruses, trojans, or infected files, as well as no pornographic, illegal, obscene, offensive, objectionable, or inappropriate material, and that it does not infringe the rights (intellectual property, "copyright," or privacy) of third parties. Any photo/image uploaded by a User that does not meet the mentioned requirements will not be published and/or may be removed by PACTARIA LEGAL at any time and without prior notice. 5.11. Intellectual Property Rights Unless otherwise indicated, the software necessary for our services or used on our Portal and the intellectual property rights (including "copyrights") of the content and information, as well as the material on our Portal, belong to PACTARIA LEGAL. PACTARIA LEGAL exclusively reserves ownership of all rights, title, and interest in (all intellectual property rights of) (the appearance (including the infrastructure) of the Portal where the service is available, and you do not have the right to copy, compile, link to, publish, promote, sell, integrate, use, combine, or use the content (including translations) or our brand without written permission from PACTARIA LEGAL. To the extent you want to use (completely or partially) our content (translated or not) or own any intellectual property rights of our Portal or any content (translated or not), you hereby transfer and assign all intellectual property rights to PACTARIA LEGAL. Any misuse or any aforementioned action or behavior will constitute an infringement of our intellectual property rights (including "copyright" and database right). 6. GENERAL LIABILITY LIMITATION 6.1. The Portal User is aware and expressly accepts voluntarily that they use this Portal under their sole and exclusive responsibility. PACTARIA LEGAL, its partners, collaborators, employees, and representatives are not responsible for errors or omissions that the content of this Portal or other content accessible through it may suffer. Access to the Portal does not imply an obligation on the part of PACTARIA LEGAL to verify the truth, accuracy, suitability, completeness, and timeliness of the information provided through it. The contents of this page are of a general nature. PACTARIA LEGAL, its partners, collaborators, employees, and representatives are not responsible for any damages arising from the use of the Portal, or for any actions taken based on the information provided therein, or for decisions made based on the information provided on the Portal, or for damages and losses suffered by the User or third parties due to actions that are solely based on the information obtained on the Portal. 6.2. The User must be aware that the security measures of computer systems on the Internet are not entirely reliable, and therefore, PACTARIA LEGAL does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the computer systems (software and hardware) of the User or their electronic documents and files contained therein. 6.3. Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks, the reliability, quality, continuity, and operation of which do not correspond to PACTARIA LEGAL. Consequently, PACTARIA LEGAL is not responsible for damages of any kind produced in the User resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the service of the Portal during its provision or beforehand. 7. SECURITY What security methods does PACTARIA LEGAL use to safeguard your personal information? In accordance with current European data protection legislation, we use strict security methods to prevent unauthorized access and misuse of personal information. In order to protect and safeguard the personal data you have provided to us, we have implemented appropriate business procedures and systems. Additionally, we use security methods and physical and technical restrictions to access and use the personal information from our servers. Only authorized personnel of PACTARIA LEGAL are permitted to access personal information to carry out their work. 8. MINORS The content of the platforms and applications of PACTARIA LEGAL is valid for all audiences, although services require registration that necessarily involves the processing of personal data, a task that a minor under 14 (fourteen) years old cannot and should not perform without the supervision of their parents or guardians. The full responsibility for navigating the Internet and the specific content and services accessed by minors lies with the adults in charge. In addition to the above, if we receive information from a person under 14 (fourteen) years old, we reserve the right to delete it. 9. CONTACT How can you control the personal information you have provided to PACTARIA LEGAL? You always have the right to review the personal information we have about you. If you want to request a general list of your personal data, send us an email to info@pactarialegal.com. Include in the subject of the email "Request for personal information" and include a copy of your identification document to help us prevent unauthorized access to your personal data. If the personal information we have about you is incorrect, we will update it if you request it. If you do not want to use PACTARIA LEGAL services again, you can ask us to block your personal information so that it is not used again. You can also delete your User account at any time by logging into our Portal. You can unsubscribe from newsletters from our Portal at any time by clicking on the "Unsubscribe" link, which you will find at the end of each newsletter. Requests to update, block, or delete personal information must be sent by email to info@pactarialegal.com. Please note that we may need to retain certain information in our files, for example, for legal or administrative purposes, to process claims, or to detect fraudulent activities. Who is responsible for processing personal information on the PACTARIA LEGAL website? PACTARIA LEGAL controls the processing of personal information on its Portal. PACTARIA, S.L.P.U. is a limited liability company established in accordance with the laws of the Kingdom of Spain. Its registered office is located at Calle Uría, number 20, 7th right, Postal Code 33003 (Principality of Asturias, Kingdom of Spain), with tax identification number B74445248. PACTARIA LEGAL is registered with the Commercial Registry of Asturias, Volume 4408, Folio 182, Sheet H AS56700. Phone: +34 607 343 333. If you have any suggestions or comments about this privacy policy, you can send an email to info@pactarialegal.com. 10. LEGISLATION 10.1. Applicable Law These Terms and Conditions and the rest of the legal conditions of the Portal are governed in all respects by Spanish Law, especially the Law of Services of the Information Society and Electronic Commerce (Law 34/2002, of July 11) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data. 10.2. Miscellaneous Any discrepancy arising from these Terms and Conditions and the services provided by PACTARIA LEGAL should, at the discretion of the consumer, be referred exclusively to (i) the competent courts of the consumer's place of residence, or (ii) the competent courts in Oviedo, Principality of Asturias, Kingdom of Spain. For all other parties using the Portal and not being consumers, these Terms and Conditions and the services provided by PACTARIA LEGAL will be governed and interpreted exclusively in accordance with the laws in force in the Kingdom of Spain, and any discrepancy arising from these Terms and Conditions and the services provided by PACTARIA LEGAL will be referred exclusively to the competent courts in Oviedo, Principality of Asturias, Kingdom of Spain. In the event of a dispute over the content or interpretation of the Terms and Conditions, as well as in the case of conflicts, contradictions, or discrepancies between this version and the rest of the versions in other languages, the Spanish version of these Terms and Conditions prevails and is conclusive to the extent permitted by law. You can consult the Spanish version on our Portal (selecting the language) or ask us in writing to send it to you. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, you will still be bound by the remaining provisions. If this occurs, the invalid provision must be enforced to the maximum extent permitted by applicable law, and to the extent possible, an effect similar to that of the invalid or unenforceable provisions will be accepted, in accordance with the content and purpose of these Terms and Conditions.