Legal Notice

1. Legal Information

The GENERAL COUNCIL OF THE NOTARIAT (hereinafter, the "CGN"), is the owner of the website http://www.notariado.org (hereinafter, the "Website"), established in the legal form of a Public Law Corporation, with its registered office at Paseo General Martínez Campos, 46, 6, Edificio Elcano, 28010 Madrid, tel. 91-3087232, fax 91-3087053, Tax ID: Q2863008E.

 

2. Conditions of use and access

This "Legal Notice" governs the use of the Website service that the CGN makes available to Users of said Website. Usage of the Website and of the content thereof presupposes status as a User thereof (hereinafter, the "User"), and entails acceptance of each and every one of the conditions included in this Legal Notice in the version published at the time when accessing the Website. The User undertakes to make diligent use of the Website, in accordance with the Law and this Legal Notice. The User must read this Legal Notice carefully on each occasion when intending to make use of the Website, as the conditions of use may undergo modifications. Access to the website is free of charge, except with regard to the cost of connection via the telecoms network provided by the access provider contracted by the User. The CGN reserves the right to interrupt access to the Website at any time and without prior warning, and to interrupt the provision of any or all of the services provided thereby, whether for technical, security or maintenance reasons, because of electrical power supply failures or for any other reason. Such interruptions may be temporary or definitive in nature. The CGN does not guarantee the reliability and availability of its Website, and usage thereof by the User is therefore performed at his own risk and venture. Certain services are exclusively for Notaries or Notary Office employees. Access thereto is restricted, and may be subject to specific conditions that would, where applicable, replace and/or modify this Legal Notice. In such cases, as a pre-requisite in order to be able to access the service, the Notary must register by accessing by means of the Employee or FEREN card or by means of his ID and password, and must provide all information requested. Use of the password is personal and non-transferable. The Notary and his employees undertake to make diligent use thereof and to keep it secret, accepting any liability arising as a consequence of disclosure to third parties.


3. Object

The object of this Website is to present all Users with information and services offered by the notarial body, comprising the CGN, the Regional Colleges of Notaries and Notaries themselves. The design, presentation or configuration of the Website, or the content thereof, may be modified at any time and without prior warning. The information provided on this Website is intended to supplement and not to replace the advice that must in all cases be obtained directly from Notaries, as such information is not sufficient in order to allow the User to reach personal or business decisions.


4. Data gathering forms

The usage of certain services or requests made of the CGN will be dependent on prior completion of the corresponding User registration by means of forms. All information provided by the User via the forms on the Website for the above purposes or any other must be accurate. For these purposes, the User guarantees the authenticity of all data disclosed and will keep the information provided up-to-date, being liable for any false or imprecise information provided and any harm this might cause the CGN.

 

5. Inclusion of links to the Website

Any Internet User including links from his own pages to the Website must comply with the following conditions:

  • The link must only link to the home page of the Website, but may not in any way reproduce it (copying of texts, graphics, etc.).
  • In accordance with the legislation in force at the time in question, a prohibition applies to the establishment of frames of any kind surrounding the Website or allowing the content to be displayed via Internet addresses other than those of the Website, and in all cases where such content would be displayed jointly with content not associated with the Website such that:
    • this would or could give rise to error, confusion or deceit of Users as to the true provenance the service content;
    • constitute an act of unfair imitation or comparison;
    • would be forbidden by the legislation in force.
  • The Website including the link may not issue any type of false, imprecise or inaccurate statement as regards the CGN, its members, and the notarial body in general.
  • It may under no circumstances be stated on the Website where the link is located that the CGN has granted its consent for the inclusion of the link or in any other way sponsors, collaborates with or corroborates the services of the author of the link.
  • Any Website establishing the link must comply with the law and may not under any circumstances provide or link to its own or third-party content that:
    • would be unlawful, harmful or in violation of morality and decent practice (pornographic, violent, racist, etc.);
    • would or could arouse in the User a false belief that the CGN subscribes to, underwrites, adheres to or in any way supports the ideas, statements or expressions of the referring party, whether lawful or unlawful;
    • would be inappropriate with regard to the activity of the CGN, in terms of the location, content and theming of the web page of the referring party.

 

6. Industrial and Intellectual Property

All information contained on this Website, in addition the graphic design, images, source code, trademarks, trading names, names, articles, reports, etc., are subject to the intellectual and industrial property rights of the CGN or third parties. Access to the Website under no circumstances constitute a waiver, transfer, assignment or licence of said intellectual or industrial property rights, in whole or in part, nor does it vest any right of usage, translation, adaptation, alteration, exploitation, reproduction, distribution or public communication of such content, for commercial purposes, without the prior and express authorisation of the CGN or of the third party holder of the affected rights. The rights of the User to display and obtain a copy in the memory cache of the User's computer is excluded, as a transitory and ancillary reproduction, without the User under any circumstances being authorised to communicate it to third parties. An infringement of any of the aforementioned rights may constitute a violation of these provisions, and comprise an offence penalised in accordance with Articles 270 and following of the Criminal Code.

 

7. Liability

The CGN will not be liable in the event of interruptions to the service, delays, errors or malfunctioning of the service caused by factors beyond its control or the result of tortious or culpable action by the User, or causes of force majeure. Causes of force majeure include failures by third parties, service companies or operators, lack of access to third-party networks, acts or omissions by public authorities, acts occurring as a result of natural phenomena, power outages, etc., and attacks by hackers or third-party specialists against the security or integrity of the IT system, provided that the CGN has adopted all existing security measures in accordance with the technical state-of-the-art. In any event, whatever the cause, the CGN will accept no form of liability either for direct or indirect damages, general damages and/or loss of profits. The CGN accepts no liability for any content or opinions of third parties uploaded to its Website nor any information contained in the web pages of third parties that might be accessed via links or search engines on the Website, since the function thereof is to inform the User as to the existence of other sources of information regarding the subject on the Internet, where data supplementing those offered on this Website may be accessed. Given all the above, the CGN will not be liable for the results obtained through such hypertext links. Where third-party websites can be accessed via search engines or links, the CGN acts as an intermediation service provider, as provided in Article 17 of Information Society and Electronic Commerce Services Act 32/2002, of 12 July 2002, and will be liable only for content and services provided on sites linked to, to the extent that it has effective knowledge of the unlawfulness thereof and has failed to deactivate the link with due diligence. The existence of linked sites may under no circumstances presuppose the existence of agreements with the supervisors or owners thereof, nor a recommendation, promotion or identification of the CGN with the declarations, content or services provided. The CGN is unaware of the content and services of the sites linked and so cannot be held liable for any damages caused by the unlawfulness, quality, outdated nature, unavailability, error or unfitness of the content and/or services of the Linked Sites, nor any other damages not directly imputable to the CGN. The CGN accepts no liability for any use that the User might make of the Website services nor the passwords, nor any other material on the Website, in violation of intellectual or industrial property rights or any other third party right. The CGN accepts no liability for any damages that might be caused to the equipment of the Users as a result of possible computer viruses contracted by the User as a result of browsing the Website, or any other damages resulting from such browsing. The User is in all cases responsible for having appropriate tools in place to detect and disinfect harmful computer programs. The CGN offers no guarantee as to the absence of errors in any of the content on its Website, and furthermore does not guarantee the correction of any defect or absence of viruses or other harmful components on this Website or on its Server. User will be liable before the CGN for any damages and losses that might be caused as a consequence of a breach of the conditions of use of the Website and all other obligations laid down in this Legal Notice.

 

8. Advertising

Certain parts of the Website may house advertising content or be sponsored. The advertisers and sponsors are the sole parties responsible for ensuring that the material submitted for inclusion on the Website complies with any laws that might in the case in question apply to it.

 

9. Data Protection and Privacy

For the purposes provided in the regulations in force concerning the protection of personal data, the CGN informs the User of the existence of an automated filing system created by and under the responsibility of the CGN, with any personal data that he might provide us with while browsing our Website (at the time of registration or when submitting a form or undertaking a consultation, comment or request), for the purpose of being able to administer his request and to send him/her information via any means, including email and/or an equivalent means, regarding services and developments that we might believe to be of interest to him/her. The CGN will process data in a confidential manner and solely for the purpose of informing the general public and promoting its activities. The CGN will cancel, delete and/or block data if they prove inaccurate, incomplete, or are no longer necessary or relevant for that purpose, in accordance with the terms provided in the legislation regarding data protection. On data gathering forms, the fields marked with an asterisk are required, and so if the User does not provide the corresponding data, the CGN may deny the corresponding service. The User may revoke the consent given and exercise rights of access, correction, cancellation and objection by writing to the following email address: info@notariado.org or to the Information Technology Department of the CONSEJO GENERAL DEL NOTARIADO, at Calle General Martínez Campos, 46, Edificio Elcano, 28010 Madrid (Spain). With regard to any information submitted by legal minors, it will be an essential requirement that the submitting party have first obtained consent from a parent, guardian or legal representative in order to allow the personal data to be subjected to automatic processing. The CGN adopts the levels of security required by the Data Protection Regulation approved by ROYAL DECREE 1720/2007, of 21 December 2007, approving the Regulation in furtherance of Organic Personal Data Protection Act 15/1999, of 13 December 1999, in other words the measures required in order to avoid alteration, loss, unauthorised access or processing of personal data, taking into account the technological state-of-the-art at all times. Notwithstanding the above, Internet security measures are not inviolable, and leaks may exist as a result of tortious action by third parties.

 

10. Cookies policy

Cookies are alphanumerical identifiers that are sent to and installed on the machine of the User, via the Web browser, in order to compile certain anonymous information that in no case serves to identify the User, and that the systems employ to recognise the browser and certain statistical browsing data in order to improve the services that we offer.

Technical cookies

The Website does not use technical cookies or any other different mechanism in order persistently to preserve the data provided by the User on the Website. In other words, they remain visible throughout the duration of the session because they are recorded in the volatile memory (cache), but are cancelled after 30 minutes of inactivity on the Site as they are deleted from the caches when the session ends, and cannot be reused even if the session is resumed.

Analytical cookies

The CGN declares that it employs first- and third-party analytical cookies on the Website, specifically to perform web analytics on visits by the User to the Website, employing the cookies of Google Analytics and Advance Web Statistics to compile statistical information comprising the navigational flow and source of the connection, all of this information being under no circumstances personalised. The CGN makes use of this information to make the Website more useful and interesting to our Users. The User may configure his browser to receive a notification on screen when a cookie is received, accepting or rejecting them individually, or preventing installation on his hard drive by default. Our Website will function correctly even if the User decides not to accept any of our cookies.

 

11. Applicable legislation and jurisdiction

For any question of litigation or for matters incumbent on the Website, Spanish legislation applies, the Courts of Madrid enjoying the authority to resolve any disputes derived from or connected with use of this Website.

© 2014, Consejo General del Notariado

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