Legal Notice and General Conditions of the Website

1. Presentation and identification of the person in charge

a) Responsible: Under the legal direction of David Muñoz de los Reyes, with NIF number 02636021Z, acting under the distinctive INFFIRM (hereinafter “INFFIRM”).

b) Address: C/ Alfonso XII, 62, 2ª planta, desp 2026 – Madrid, Spain.

c) Activity: Provision of legal services, especially in the fields of intellectual and industrial property, unfair competition and data protection.

d) E-mail: info@inffirm.com

e) Telephone: (+34) 91 076 70 29

 

2. Description of the activity

Through the website https://www.inffirm.com/ (hereinafter referred to as the Website), INFFIRM wishes to inform users about its activities and the latest news related to its different areas of practice, as well as to make available to users various ways of contacting INFFIRM.

The website does not constitute a source of advice or a means of establishing a professional or any other type of lawyer-client relationship.

This Website is intended both for customers and for all users who consult it (hereinafter referred to as USERS).

 

3. Acceptance of the conditions of use of the Website.

The use of this Website is governed by the following General Conditions of Use (hereinafter GENERAL CONDITIONS).

Access to this Website, official profiles on social networks and/or the information contained therein is completely free of charge, without prejudice to the cost of the telephone connection and the means used to establish the connection.

We inform you that the use of our Website may involve the processing of your personal data, so you must understand and accept the GENERAL CONDITIONS, PRIVACY POLICY and COOKIES POLICY.

The USER is informed and accepts that access to the website does not imply, in any way, the beginning of a business relationship with INFFIRM.

By using the Website, the USER declares:

a) That he/she is a person of full age and/or full responsibility under the general procurement laws of the State where he/she resides.

b) That you have previously read, understand and accept the GENERAL CONDITIONS, the PRIVACY POLICY and/or COOKIES POLICY.

 

4. Modification of conditions

The information on this Website is continually evolving and developing to provide the best possible experience and value. However, the updated GENERAL CONDITIONS, PRIVACY POLICY and/or COOKIES POLICY will be available at all times on this Website.

In the event that any aspect of the GENERAL CONDITIONS, the PRIVACY POLICY and/or COOKIES POLICY is modified, these will be published and/or communicated as appropriate and updated; we therefore recommend that you periodically read all of them, as well as the communications received by USERS, and, above all, before making any decision based on the content of the Website.

The USER of this Website accepts these modifications as soon as he/she continues to use the Website.

 

5. Essential obligations of the USER

All USERS, from the moment they start to use the website, are obliged before third parties and INFFIRM to comply with the following essential obligations:

a) To use the Website without incurring in illegal or illicit actions, or actions contrary to the provisions of the GENERAL CONDITIONS, the PRIVACY POLICY and/or COOKIES POLICY and its updates.

b) Not to damage, disable, overload or deteriorate the Website or prevent the normal use or enjoyment thereof.

c) Not to make any attempt to violate access levels, incorrectly manipulate data, duplicate or export data or information protected by intellectual property or other legal rights, attempt to access restricted areas of the computer systems of INFFIRM or third parties, introduce programmes, viruses or any other device that produces or may produce modifications in the computer system of INFFIRM or third parties.

d) To be aware of the technical and legal requirements necessary for correct access to and use of the Website; this may involve downloading certain computer programmes or other logical elements onto their computer devices.

e) Not to use, link, disclose, transfer or transmit to third parties in any form whatsoever, the contents published on the website or part of them, or in the information of INFFIRM, without the prior and express written permission of INFFIRM.

f) Not to damage the image of INFFIRM in any way, nor to carry out any activity or comment that could damage the image and good name of INFFIRM.

g) Read, understand and, if you agree, accept the GENERAL CONDITIONS, PRIVACY POLICY and COOKIES POLICY.

 

6. Intellectual property rights

This website, its contents and distinctive signs are protected by Spanish and international intellectual and industrial property laws, and all of these rights correspond exclusively to INFFIRM, which reserves the right to use and exploit them.

Data mining, reproduction, distribution, public communication, transformation and/or making available to the public and, in general, any other form of exploitation, by any procedure, of all or part of the contents of this website, its design, selection and form of presentation of the materials included in it, as well as the trademarks and trade names included in the website, is prohibited. These acts of exploitation may only be carried out with the express prior written authorisation of INFFIRM and, provided that explicit reference is made to the ownership of INFFIRM of the indicated intellectual and industrial property rights.

By using the Website and/or the contents of the Website, the USER does not acquire any rights over them, and may simply use them as agreed in these GENERAL CONDITIONS.

In the event that the USER detects any activity that could infringe any intellectual or industrial property right or any other type of right, please inform us by sending an e-mail to the following address info@inffirm.com

 

7. Hyperlinks and linked sites

a) Hyperlinks

The USER and, in general, any natural or legal person who intends to establish a hyperlink or technical link device (e.g. links) from their website to this website (hereinafter the HYPERLINK) must obtain prior written authorisation from INFFIRM.

The establishment of the HYPERLINK does not imply in any case the existence of a relationship between INFFIRM and the owner of the website in which the HYPERLINK is included, nor the acceptance or approval by INFFIRM of its contents or products and/or services.

In any case, INFFIRM reserves the right to prohibit or disable at any time any HYPERLINK to this Website, especially in cases of unlawfulness of the activity or content of the Website in which the HYPERLINK is included.

b) Linked sites

INFFIRM, in turn, may make available to the USER through this website, access to Internet sites or portals belonging to and/or managed by third parties (hereinafter the LINKED SITES).

INFFIRM does not offer or market by itself or through third parties the information, content and products and/or services available on the LINKED SITES, nor does it approve, supervise or control in any way the content and products and/or services and any material of any nature existing in the same, with the USER assuming exclusive responsibility for navigation through the same.

 

8. PRIVACY POLICY

This privacy policy applies to any type of data that INFFIRM processes, whether it is personal data of individuals, private end customers or contact details of entities and/or freelancers. All of them will be collectively referred to as USERS.

Any changes in the processing of data will be reflected and updated in this policy; therefore, we recommend USERS to review it frequently and, in case of any doubt, please write to us at info@inffirm.com

8.1 Who are we?

INFFIRM is the CONTROLLER of the USERS personal data processing and informs them that these data will be processed in accordance with the provisions of the regulations applicable to the USER and, in particular, in accordance with European regulations on data protection.

8.2 What is personal data?

Personal data is any information that independently or combined with other available information, identifies or allows the identification of a natural person, directly or indirectly, such as name, surname, image, voice, postal address, e-mail address, telephone number, official identity documents, etc. and/or that is related to a natural person, such as their current account number, credit and/or debit card number, IP address, physical conditions, tastes, preferences, habits and behaviour, and/or the products or products and services they contract and/or information on web browsing, obtained through cookies.

8.3 What data do we process?

The types of personal data to be processed will depend on each processing operation to be carried out and, in any case, will be those strictly necessary to carry out such processing.

The USER guarantees that the personal data provided to INFFIRM are truthful and is responsible for communicating any changes to them.

INFFIRM will process the data necessary to fulfil the purposes of processing and which will be requested from time to time depending on the specific case, such as:

a) Name and surname of the USER.
b) E-mail address.
c) Contact telephone number.

This data will be processed by INFFIRM in order to inform and/or manage what is necessary in relation to possible queries made by USERS in relation to the activities carried out by INFFIRM.

8.4 Data processing, purpose, legitimising basis and retention periods

INFFIRM carries out the following processing of personal data:

• Purpose of processing: Management and response to queries or requests made by USERS through the various means of contact made available by INFFIRM on the website and/or social networks.
• Legal basis: On the basis of the execution of the request, the provision of contracted services or review of their correct provision; as well as the fulfilment of legal obligations that correspond to said provision.
• Recipients: No transfers are made to third parties.
• Retention periods: Until the resolution of the request made and/or as long as the professional and/or contractual relationship with the user is maintained.

8.5 Processors and Transferees

The personal data processed may also be processed by external collaborators, in their capacity as INFFIRM’s data processors, for the following products and services:

(a) IT products and services, hosting products and services and telecommunications networks.
(b) Labour, accounting and/or legal management products and services.
(c) Information archiving, management and destruction products and services.
(d) marketing and advertising products and services.

INFFIRM will not disclose personal data to any third party without first informing and obtaining the consent of the owner of the personal data and only in limited cases.

Where applicable, all of them will maintain the same level of protection of your personal data committed to in this PRIVACY POLICY and/or in the regulations on data protection or cybersecurity.

We enter into confidentiality and data processing agreements with our partners and companies supplying products and/or services that we may require. We also ensure that they all comply with the highest standards of confidentiality and best practice standards for privacy and security, and we review these standards and practices regularly.

8.6 International transfers

INFFIRM informs that no international transfers of USER data are carried out.

8.7 Where do we get the data from?

We obtain USER data directly from USERS who have contacted us through the different forms of communication available on the Website and/or social networks.

8.8 Exercise of rights

INFFIRM informs the holders of personal data that they have the following rights:

a) Access: allows the data subject to obtain information on whether or not INFFIRM is processing personal data concerning him/her and, if so, the right to obtain information on the personal data being processed.

b) Rectification: allows the correction of errors and modification of data which prove to be inaccurate or incomplete.

c) Deletion: allows personal data to be deleted and no longer processed by INFFIRM, unless there is a legal obligation to keep them and/or there are no other legitimate reasons for their processing by INFFIRM.

d) Limitation: allows the owner of the personal data subject to processing to request INFFIRM to apply measures to limit the processing of the data while the accuracy of the data or the legitimacy of its processing is being verified; or to prevent its modification or, where appropriate, its erasure or deletion, in order to preserve it as evidence or as a basis for claims.

e) Opposition: in certain circumstances and for reasons related to their particular situation, personal data subjects may object to the processing of their data. INFFIRM will stop processing the data, except for overriding legitimate reasons, or the exercise or defence of possible claims.

(f) Portability: allows the data subject to receive his or her personal data and/or have them transmitted directly to another controller in a structured, commonly used and machine-readable format.

The holder of personal rights may exercise their rights of access, rectification, deletion, limitation of processing, opposition, portability of their personal data or revoke their consent, by sending a written communication to INFFIRM at the following e-mail address: info@inffirm.com

8.9 Data Protection Officer and complaints to a supervisory authority

If you have any information or questions, please do not hesitate to contact INFFIRM at info@inffirm.com

Likewise, any incident that the USER may have regarding data protection may contact the INFFIRM Data Protection Delegate by e-mail at dpo@inffirm.com

And to remind you of the address of the Spanish Data Protection Agency for any claim and/or additional information on your rights www.aepd.es.

8.10 Security and guarantees

INFFIRM undertakes to adopt the security measures at its disposal to ensure the security of personal data and prevent its alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of the applicable regulations.

8.11 Minors

INFFIRM directs the website to persons over 18 years of age. Therefore, in the event that a minor wishes to request information in relation to INFFIRM’s services, please do so with the prior authorisation of their parents or guardians.

INFFIRM does not deliberately collect information from persons under 18 years of age without the express written authorisation of the parents and/or guardians of minors. Likewise, INFFIRM will use the appropriate technical means to prevent minors from accessing the products and services offered by INFFIRM without the express consent of their parents or guardians.

If INFFIRM detects that a minor is using this website, requesting information, and/or intends to contract a service, without the authorisation of their parents and/or guardians, it will proceed to cancel the information sent and will communicate it to the competent authority or body. To this end, INFFIRM requests the cooperation of all, in the sense that if anyone detects the disclosure and / or use of any of these data, please report it through the email provided, in order to proceed accordingly.

9. COOKIE POLICY

a) What is a cookie?

A cookie is a file that is downloaded to the USER’s device when accessing and using this Website, to store and retrieve information about the navigation that takes place on the Website, such as the pages and the number of pages you visit, the frequency and recurrence of visits, the time your visit lasts, etc.

b) What types of cookies are there?

a) According to the entity that manages them:

– Own cookies: these are those that are sent to your device from our own equipment or domains and from which we provide the service you request from us on the Website.

– Third-party cookies: these are those that are sent to your device from a computer or domain that is not managed by us, but by another collaborating entity.

b) According to the length of time they remain activated:

– Session cookies: these cookies store the necessary information during the session and the changes related to it.

– Persistent cookies: these are stored on your hard drive and are read by the Website each time you make a new visit. A persistent cookie has a specific expiry date. The cookie will stop working after that date.

c) According to the purpose:

– Technical and functional cookies: are those that allow the USER to browse through a website, platform or application and use the different options or products and services that exist therein.

– Analytical cookies: these are cookies that allow the party responsible for them to monitor and analyse the behaviour of the USERS of the websites to which they are linked. The information collected through this type of cookies is used to measure the activity of the websites, application or platform and to create browsing profiles of the USERS of these sites, applications and platforms, in order to introduce improvements based on the analysis of the data on the use made by the USERS of the service.

– Advertising Cookies: these are those that allow the management, in the most effective way possible, of the advertising spaces that, where appropriate, the editor has included on a website, application or platform from which the requested service is provided based on criteria such as the edited content or the frequency at which the advertisements are shown.

– Behavioural advertising cookies: these collect information on the USER’s preferences and personal choices (retargeting) to enable the management, in the most effective way possible, of the advertising spaces that, where appropriate, the publisher has included on a website, application or platform from which the requested service is provided.

– Social Cookies: these are set by social media platforms on the Products and Services to allow you to share content with your friends and networks. Social media platforms have the ability to track your online activity outside of the Products and Services. This may affect the content and messages you see on other Products and Services you visit.

– Affiliate cookies: these enable tracking of visits from other websites with which the website has an affiliation contract (affiliation companies).

– Security cookies: these store encrypted information to prevent the data stored in them from being vulnerable to malicious attacks by third parties.

Link cookies: In the event that through the Website links to other websites are allowed, the USER must take into account that he/she can access different sites that require the login and/or treatment of cookies for any interaction, which implies that, you must have accepted their privacy policies in order to access them.

c) What types of cookies are used and how are personal data processed?

This website does not use cookies, either its own or, as far as possible, those of third parties. However, if the USER detects the use of a cookie, please inform us by email at info@inffirm.com so that we can correct it.

d) How to delete, block or disable Cookies?

Please note that if you wish to delete, block or disable the use of cookies you may do so at any time by modifying the settings of your preferred browser.

Delete cookies from your device

Cookies that are already on a device can be deleted by clearing the browser history, which deletes cookies from all websites visited. However, some of the saved information (e.g. login data or website preferences) may also be lost.

Manage site-specific cookies

In order to have a more precise control of site-specific cookies, USERS can adjust their privacy and cookie settings in their browser.

Blocking cookies

Although most modern browsers can be set to prevent cookies from being placed on your device, this may require you to manually adjust certain preferences each time you visit a site or page. In addition, some products and services and features may not function properly (e.g., profile logins).

How to delete Cookies from the most common browsers?

Chrom
Edge
Explorer
Firefox
Safari
Opera

e) Modification of the conditions of the Cookies Policy:

INFFIRM may modify this COOKIES POLICY according to legislative or regulatory requirements, or in order to adapt this policy to the instructions issued by the Spanish Data Protection Agency, and therefore advises the USER to visit and read it periodically.

10. SOCIAL NETWORKS

The service provider of the official INFFIRM profiles on the social network LINKEDIN is the entity INFFIRM (hereinafter the OFFICIAL SITES).

Access to and use of the OFFICIAL SITES requires acceptance of the Specific Conditions of the Social Networking Section, the LEGAL NOTICE and PRIVACY POLICY as detailed; as well as the policy and rules of the LINKEDIN social networking platforms.

However, the general operation of the social network is governed, firstly, by the terms and conditions established by the owner and/or provider of the social network and, secondly, by these terms and conditions.

INFFIRM may remove from its OFFICIAL SITES, any information that goes against the rules set out in the LEGAL NOTICE or PRIVACY POLICY and / or owner of the social network, as well as against the provisions of the law, morality, public order.

Likewise, the owners or providers of the social networks may remove any content that, either ex officio or by means of a complaint from another USER, goes against the norms or rules of operation imposed by the provider of each of the networks.

To stop following the OFFICIAL SITES, the USER must follow the steps indicated in the conditions of operation and use of each network provider, without INFFIRM being able to intervene in this process.

However, INFFIRM reserves the right to create, edit, modify and/or delete sites, profiles and accounts without prior notice.

The profiles and accounts on social networks are aimed at those over 14 years of age. However, the OFFICIAL SITES are intended for adults, so minors over 14 years of age should not register or use any service offered on the OFFICIAL SITES, INFFIRM’s profile or account on social networks, or provide any personal information.

INFFIRM will take the necessary steps to prevent the use of the OFFICIAL SITES and/or profile or account on social networks by minors, as far as possible.

The USER may publish and exchange information and content, as well as establish communication between several USERS, provided that the use does not go beyond a particular use and, under no circumstances, has an economic or commercial purpose.

The USER is obliged to make reasonable use of the OFFICIAL SITES and its contents, according to the possibilities and purposes for which it was conceived in accordance with the uses and customs, morals, current legislation, these rules and the rules and policies published by the social networks. The USER shall be solely responsible for the information, images, opinions, allusions or content of any kind that he/she communicates, hosts, transmits, makes available or displays through the OFFICIAL WEBSITES.

INFFIRM cannot be held editorially responsible for the contents published by the USER and expressly declares that it does not identify itself with any of the opinions that the USERS publish on the OFFICIAL SITES, for the consequences of which the issuer is entirely responsible.

In any case, the use of the OFFICIAL SITES for illegal or unauthorised purposes, with or without economic purpose, is prohibited, and, more specifically and without the following list being exhaustive, it is prohibited:

• Hosting, storing, disseminating, publishing, distributing or sharing any content that may be considered as a violation in any way of the fundamental rights to honour, image and personal and family privacy of third parties, data protection and, especially, of minors.
• Hosting, storing, disseminating, publishing, distributing or sharing images or photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners.
• Hosting, storing, disseminating, publishing, distributing or sharing any content that violates the secrecy of communications, the infringement of industrial and intellectual property rights or the regulations governing the protection of personal data.
• Reproduce, distribute, make available or otherwise share, on or off the OFFICIAL SITES, photographs or images that have been made available by other USERS.
• Hosting, storing, disseminating, publishing, distributing or sharing any material or information that is unlawful, racist, obscene, pornographic, abusive, defamatory, misleading, deceptive, fraudulent or otherwise contrary to morality or public order.
• Use the service to slander, defame, intimidate, violate self-image or harass other USERS and/or third parties.
• Introduce computer viruses, defective files, or host, store, distribute or share any other material or software that may cause damage or alterations to the contents, programmes or systems of the OFFICIAL SITES.
• Use the OFFICIAL WEBSITES to send advertising or commercial communications, to send messages for advertising purposes or to collect data for the same purpose.
• Use the OFFICIAL WEBSITES, regardless of their purpose, to send unsolicited mass and/or repetitive e-mails to a number of persons, or to send e-mail addresses of third parties without their consent.
• Impersonating a third party for any purpose.

INFFIRM will be able to inform and collaborate with the competent police, judicial and/or administrative authorities if it detects illegal use of the OFFICIAL SITES.

The USER is informed that the contents and services offered through the OFFICIAL SITES -including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and html code of the same, as well as the brands, commercial names or distinctive signs that appear without this enumeration having a limiting character- are protected by the laws of intellectual and industrial property. The ownership of the rights to any of the aforementioned content may correspond to INFFIRM as well as to third party natural and/or legal persons.

The publication of the aforementioned contents through the OFFICIAL SITES does not imply in any case the cession, renunciation or transmission, total or partial, of the ownership of the corresponding intellectual and industrial property rights by INFFIRM and/or its legitimate third party owners to the USER.

Under no circumstances may the USER make any use or utilisation of the services and contents existing on the site that is not exclusively personal.

11. RESPONSIBILITY

INFFIRM will at all times try to provide the services with the highest possible quality. Without prejudice to the foregoing, INFFIRM disclaims any liability and/or assumption of damages arising from:

a) Failures, interruptions or damage caused by system failures, malware viruses, interference or disconnections or malfunctions of the service or the Website.

b) The information and content stored, including but not limited to, in forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independently on the website. However, and in compliance with the provisions of articles 11 and 16 of the LSSICE, is available to all USERS, authorities and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that may affect or contravene national or international legislation, the rights of third parties or morality and public order. In the event that the USER considers that there is any content on the website that could be susceptible to this classification, he/she is requested to notify the following e-mail address info@inffirm.com

c) The illegitimate action of third parties by any means and/or improper or inadequate action on the part of the USER, and, in any case, INFFIRM will not assume any responsibility that is caused by the action or negligence of third parties and that may or may not affect, directly or indirectly, servers and other computer equipment of the USER or third parties.

The USER agrees to indemnify and hold INFFIRM, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to inappropriate or impermissible use of the Website and/or the services offered, by the USER, or the infringement by the USER of the GENERAL CONDITIONS, PRIVACY POLICY and/or COOKIES POLICY, as well as for any infringement of legislation or any other right.

INFFIRM only provides the USER with the Website for the dissemination and promotion of INFFIRM’s services. The USER, therefore, is solely responsible for the correct use of the same and that such use is carried out in accordance with the GENERAL CONDITIONS, the PRIVACY POLICY and the COOKIES POLICY.

If the USER is dissatisfied with the use of the Website, its contents or with any part of these GENERAL CONDITIONS, the PRIVACY POLICY and COOKIES POLICY, his/her sole and exclusive remedy shall be to cease accessing the Website.

12. NULLITY AND INEFFECTIVENESS OF CLAUSES

If any clause included in these GENERAL CONDITIONS, the PRIVACY POLICY and/or the COOKIES POLICY is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or that part thereof that is null and void or ineffective, the GENERAL TERMS AND CONDITIONS, the PRIVACY POLICY and/or the COOKIES POLICY shall remain in force in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.

13. APPLICABLE LAW AND JURISDICTION

For any question or disagreement that may arise regarding the website, contents and contracted services, the USER and INFFIRM, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the application of Spanish legislation, with the Spanish Courts also having jurisdiction, with express submission to the jurisdiction of the Courts of Madrid, unless the legislation imperatively determines another jurisdiction or different legislation.

In particular, this disclaimer shall not apply to USERS who are considered to be end consumers, in which case the jurisdiction determined by the legislation in force shall apply.

In the case of end users or consumers, the jurisdiction shall be that of the place of fulfilment of the obligation or that of the domicile of the consumer purchaser. All this without prejudice to the right of any consumer user to go to the Consumer Arbitration Board in their area and, likewise, it is reported that, in the event that a legal dispute arises in consumer matters, in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/.