Legal Notice and Data Protection
Castellana 93 AM, SL (hereinafter, the Entity), is the owner of this web site (hereinafter, the Site). Its registered office is Paseo de la Castellana 93, 13th Floor, 28046, Madrid and its CIF is B-87591715.
The Entity is registered in the Commercial Registry of Madrid, Volume 34969, Book 0, Sheet 139, Page number M 628927.
You can contact us on the telephone number (+34) 91 436 05 97 or through our email address info@castellana93.com.
The name(s) of domain(s) through which you have accessed the Site is (are) owned by the Entity. Said domain name(s) may not be used in connection with other content, products or services that are not owned by the Entity or in any way that may cause confusion among end users or the discredit of the Entity.
2. OBJECTIVE
This Legal Notice includes the terms and conditions that rule the access, browsing and use of the Site, as well as the responsibilities derived from the use, provision and / or contracting of the products or services that, where appropriate, may be offered, as well as the contents that comprise it, and without prejudice to the Entity being able to establish specific conditions that rule the use, provision and/or contracting of products or services that, if applicable, are offered through the Site.
The mere access to the Site, registration, information request, contact, making hiring offers and, in general, any act of a similar nature to the previous ones, made through the forms, electronic mailboxes or other means of contact existing on the Site will imply, on the part of those who browse on the Site, to be considered a User and full acceptance of each and every one of the rules included in this Legal Notice. Consequently, every User must read carefully and know the contents of this Legal Notice.
In case of being offered, through the Site, the use, provision and/or contracting of products or services, the fact of being used and/or requested by the User will signify full acceptance of the particular conditions that, in their case, they have been established for that purpose, and they will form an integral part of this Legal Notice.
3. ACCESS AND USE OF THE SITE.
Access to the Site by Users is free and open. However, the use, provision and/or contracting of the products or services that, where appropriate, may be offered by the Entity may be subject to the prior observance of formal requirements such as the completion of the corresponding form, payment of expenses or fees and/or the prior acceptance of the particular conditions that result from their application.
The mere access to the Site does not imply, in itself, the establishment of any type of link or commercial relationship between the Entity and the User, except when the appropriate means have been established for this and the User has previously complied with the requirements that, where appropriate, be established.
The inclusion on the Site of information related to products or services offered by the Entity is for informational and advertising purposes only, unless another purpose is expressly established. The contents of the Site cannot be considered in any case legal advice on any issue.
The Entity will inform the User about the technical specifications necessary to proceed with the downloading of information and contents of the Site. The User is requested to pay attention to these warning messages as the Entity is not responsible for any damages that may be suffered by the User's computer equipment if the User used the Site in an improper or negligent manner, or in contravention of the instructions of the Entity.
In the case that using, providing and/or contracting of any product or service offered through the Site, requires (its)registration by the User, he/she will be responsible for providing truthful and lawful information, guaranteeing the authenticity of all the data that he/she enters when he/she fills in the pre-established forms to access the products or services in question. If as a consequence of the registration, the User had to use a password, he/she commits to its diligent use and to maintain the confidentiality of it. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords that are provided by the Entity, and undertake not to assign their use to third parties, either temporary or permanently, or to allow their use by outsiders. It will be the sole responsibility of the User to use and/or contract the products or services offered on the Site by any third party that, illegitimately, uses a password or identifier supplied to the User for this purpose, when this is the result of a careless action or its loss by the User.
By virtue of the foregoing, it is the obligation of the User to notify the Entity immediately any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them by of third parties, in order to proceed with its immediate cancellation. Until such events are reported, the Entity will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
In any case, the access, browsing and use of the Site and, where appropriate, the use or contracting of the services or products that are offered through it, is done under the sole and exclusive responsibility of the User, so he/she undertakes to diligently and faithfully observe any additional instructions, given by the Entity or by authorized personnel of the Entity, regarding the use of the Site and its contents.
Likewise, the User undertakes not to perform any act in order to damage, disable or overload the Website, or to prevent, in any way, the normal use and operation thereof.
Therefore, the User undertakes to use the contents, products and services diligently, correctly and lawfully, in accordance with current legislation and, in particular, undertakes to abstain from:
(i) Using them for purposes or effects contrary to the law, morality and tgenerally accepted uses and public interest and instructions received from the Entity.
(ii) Using them for purposes that are harmful to the legitimate rights of third parties.
(iii) Use the contents and products and, in particular, the information of any kind obtained through the Site or the services to send advertising, communications for the purpose of direct sales or with any other kind of commercial purpose, unsolicited messages directed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing in any way said information.
4. RESPONSIBILITY AND GUARANTEE DISCLAIMER.
Whilst every effort is made to ensure that all information contained on our website is accurate and up-to-date,, the Entity make not any representation, warranty or guarantee of any kind, whether express or implied, as to the accuracy, usefulness or suitability of the information provided through the Site. In particular, the Entity does not guarantee or be responsible for:
(i) The continuity of the contents of the Site and/or the lack of availability or accessibility of the Site or its technical continuity;
(ii) The absence of errors in said contents or products;
(iii) The absence of viruses and other harmful components in the Site or on the server that supplies it;
(iv) The invulnerability of the Site and/or the impregnability of the security measures adopted in it;
(v) When applicable, the lack of usefulness or performance of the contents or services of the Site;
(vi) The damages or losses caused to itself or to a third party, any person that violates the conditions, rules and instructions that the Entity establishes in the Site or through the violation of its security systems;
(vii) Any other damages that may be caused by reasons inherent to the non-functioning or defective functioning of the Site or of the websites to which, where appropriate, links have been established.
Nevertheless, the Entity declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the use of the Site and to prevent the existence and/or transmission of viruses and other malware components to Users.
The Entity makes its best efforts to avoid errors in the contents that are published in the Site. All the contents offered through the Site are updated, keeping the Entity the power to modify them at any time. The Entity is not responsible for the consequences that may arise from errors in the contents that may appear on the Site provided by third parties.
It is forbidden any communication or transmission of content that infringes the rights of third parties and whose content is threatening, obscene, defamatory, pornographic, xenophobic, threatening the dignity of the person or the rights of children, current legislation or any conduct that incites or constitutes the commission of a criminal offense.
Likewise, it is forbidden the inclusion and communication of contents by Users that are false or inaccurate and that induce or may mislead the rest of Users or the staff of the Entity, in particular the contents that are protected by any rights of intellectual, industrial, image or similar nature, belonging to third parties, when it gives rise to a violation of the current legislation, do not have the authorization of the owner of the rights, undermine or discredit the reputation or credit of the Entity, are considered as an illicit, deceptive or misleading advertising assumption and/or incorporate viruses or any other electronic element that could damage or prevent the functioning of the website, the network, the Entity's computer equipment or third parties and/or the Access to the Site by other users.
The Entity may refuse access to the Site of any User who performs any of the referenced conducts, including and not limited to, in this section.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The Entity is the owner or has obtained the appropriate license on the exploitation rights concerning intellectual, industrial and image property on the contents available through the Site including, among others, but is not limited to, the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, trademarks, logos, expressions and information and, in general, any other creation protected by national rules and international treaties on intellectual and industrial property, (hereinafter jointly referred to as the Contents).
All industrial and intellectual property rights on the Contents are reserved, and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the Site, for public purposes or commercial, without prior express and written authorization from the Entity or, where appropriate, from the owner of the rights.
Access and browsing of the User through the Site in no case shall be understood as a waiver, transfer, license or total or partial assignment of the rights indicated above by the Entity. Consequently, it is not allowed to delete, avoid or manipulate the copyright notice and any other identification data of the rights of the Entity or its owners, incorporated in the Contents, as well as the technical protection devices of the Entity, digital fingerprinting or any information and/or identification mechanisms that may be contained therein.
References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the Entity or by third-party companies, imply the prohibition on their use without prior, express and written consent of the Entity or those legally entitled. At no time, unless expressly stated otherwise, access or use of the Site and/or its Contents confers the User any rights over the brands, logos and/or distinctive signs incorporated therein.
6. LINKS.
6.1 Links from the Site to other web pages.
The Entity could offer links, directly or indirectly, to resources or Internet web pages that are outside the Site. The presence of these links in the Site are for informational purposes, not constituting in any case an invitation to contract products and/or services that are offered or may be offered on the destination web pages or imply the existence of a link or commercial or dependence relationship with the owner of the linked website. In these cases, the Entity will not be responsible for establishing the general and specific conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
The Entity does not have the faculty or human or technical means to know, control or approve all the information, contents, products or services provided by other web pages to which links can be established from the Site. Consequently, the Entity cannot assume any type of responsibility for any aspect related to the web pages to which a link could be established from the Site, specifically, including but not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In the event that the Entity becomes aware that the activity or information to which it is sent from said links is unlawful, constitutes an offence or may damage property or rights of a third party, it will act with due diligence.
Likewise, if Users have actual knowledge of the illegality of activities developed through these third-party web pages, they must immediately notify the Entity, through the email address info@castellana93.com.
6.2 Links from other web pages to the Site.
If any User, entity or website wishes to establish any type of link to the Site, the following requirements must be observed:
(i) It must obtain the prior, express and written authorization by the Entity.
(ii) The link can only be directed to the main page of the Site, unless expressly authorized otherwise.
(iii) The link must be absolute and complete, that is, it must take the User, through a click, to the main page and must fully cover the entire length of the screen of the Site's main page. In no case, unless the Entity authorizes something different, the web page from which the link is made may reproduce, in any way the Site, include it as part of its website or within one of its "frames" or create a "browser"on any of the pages of the Site.
(iv) On the website from which the link is established, it cannot be stated in any way that the Entity has authorized such a link, without this being the case. If the entity that makes the link from its website to the Site correctly wishes to include in its web page the brand, denomination, commercial name, label, logo, or any other identifying sign of the Entity and/or the Site, prior written and express authorization must be obtained from the Entity.
(v) In any case, the Entity prohibits the establishment of a link to the Site from those web pages that contain materials, information or illegal, illegal, degrading, obscene, and in general, that contravene morality, public order, current legislation, social norms generally accepted or that are harmful to legitimate rights of third parties.
7. PRIVACY POLICY.
When it is necessary for the User to register or provide personal data, he/she will be warned, conveniently, of said need.
In any case, the collection and processing of personal data will be carried out in accordance with the Organic Law 15/1999, dated 13December, Data Protection (LOPD) and development regulations, and in accordance with the Privacy Policy, which is an integral part of this Legal Notice.
In this regard, we inform you that the personal data that you have provided us by filling in any electronic form that appears on our Website, as well as those data to which the Entity accesses to as a result of browsing, of the consulting, requesting about any service, or of any transaction or operation carried out, will be compiled into an archive whose responsible is the Entity.
The Entity will not communicate or transfer the personal data to third parties. The Entity will process these data with adequate confidentiality being the sole and exclusive recipient thereof, and not making assignments or communications to third parties, except for those established by current regulations.
A web site user has always the right to access the file, and to enforce the rights of rectification, cancellation and opposition in the terms included in the data protection Law.
For such purposes, it will be enough to contact the Entity through the email info@castellana93.com, or sending a written request to the Entity office at Paseo de la Castellana 93, Planta 13, 28046 in Madrid.
8. MODIFICATION.
The Entity reserves the right to modify this Legal Notice and/or the particular conditions that, where appropriate, have been established for the use and/or contracting of the products or services provided through the Site, when it deems appropriate to the effects of adapting to legislative, business and/or technological changes, being valid and taking effect from their publication in the Site.
The temporary validity of these conditions of use therefore coincide with the time of their exposure, until they are totally or partially modified, at which time the modified texts will become valid.
The Entity may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the Site, with no possibility for the User to demand any compensation. Following said termination, the prohibitions of use of the contents, previously exposed in this Legal Notice, will remain in force.
9. COMMUNICATIONS
For any communication between the Entity and the User, the latter must contact the Entity at the postal and/or electronic address indicated above. In any case, communications from the Entity to the User will preferably be made electronically, using the contact information provided. The User expressly accepts the use of electronic mail as a valid procedure for the exchange of information and the sending of communications between and/or with the Entity.
10. GENERALITIES
The headings of the different clauses are only informative, and will not affect, qualify or modify the interpretation of the Legal Notice.
In the event of any inconsistency between the provisions of this Legal Notice and the particular conditions that may be established in relation to the products or services offered on the Site, the provisions of the particular conditions shall prevail.
In the event that any provision or provisions of this Legal Notice are considered null or inapplicable, in whole or in part, by any Court or competent administrative body, said invalidity or non-application will not affect the other provisions of the Legal Notice or the particular conditions that, where appropriate, may have been established.
The non-exercise or execution, by the Entity, of any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless acknowledgment and written agreement of this party.
11. GOVERNING LAW AND JURISDICTION.
This Legal Notice and the relations established between the Entity and the User, in particular the knowledge and resolution of any litigation, discrepancies or differences that may arise, will be governed and resolved in accordance with the Spanish Law relating to the applicable legislation and to the competent jurisdiction.
However, for those cases in which the regulations provide the possibility for the parties to submit to a jurisdiction, the Entity and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any disputes and/or litigation to the knowledge of The Courts and Tribunals of the city where the domicile of the Entity is located according to this Legal Notice.