Terms of Use and Privacy
Last updated: February 27, 2024
1.- Owner and Controller
The owner of this website and controller of the data processed on this website is GABINETE MORALES ASOCIADOS S.L (hereinafter the "Service"), with registered office at Tenor Viñas 4-6, 5º1ª, 08021 Barcelona, Spain
Email: info@moralespenal.com
VAT number: B87937603
GABINETE MORALES ASOCIADOS S.L. is registered in the Commercial Register of Barcelona, in volume 30596, folio 93, sheet B175517.
Dr. Fermín Morales Prats holds a Bachelor's degree in Law from the University of Barcelona - Spain; registered in the Bar Association of les Illes Balears with registration number 24483.
Applicable professional standards for the practice of the profession: General Statute of the Spanish Bar Association and the Deontological Code of the Spanish Bar Association.
The use of the website attributes the status of user to you, and thereby you accept the terms and conditions indicated below: these Terms of Use and Privacy and our Cookie Policy.
1.2.- Acceptance
Acceptance of the Terms of Use and Privacy of the Service is a necessary condition for the use of our website.
These Terms of Use and Privacy regulate the collection, processing, and use of your personal and non-personal information as a user of the Service, from the effective date indicated in the header. Likewise, the terms of use of the website and its functions are indicated.
To process your personal data, the Service complies with current legislation, both local and European, as well as its implementing regulations.
2.- Description and Use of the Service
The Service is a law firm specializing in the field of corporate and socioeconomic criminal law, advising individuals and legal entities in pre-litigation negotiations as well as before Spanish courts, including the Supreme and Constitutional Courts. The advice focuses on environmental crimes, misappropriation, tax fraud, crimes against public administration such as embezzlement, bribery, and other related offenses.
3.- External Links
The website may link to other websites.
However, we do not exercise any control over such sites or their contents, which are actually subject to their own terms and conditions. Nor do we assume any association or responsibility for them, nor do we guarantee their technical availability, quality, reliability, accuracy, or truthfulness.
4.- Intellectual and Industrial Property
The content and information of the Service (including, among others, trademarks, logos, data, text, images, or computer code), as well as the hardware or software elements used to provide such content and information, are the property of the Service or have the corresponding authorizations for their use.
Therefore, and in accordance with national and European legislation on intellectual property, modification, reproduction, duplication, copying, distribution, sale, resale, and other forms of exploitation for commercial purposes or equivalent of the Service and its content are prohibited.
For any other use of the content of the Service, you need, in advance and in writing, our consent or, as the case may be, the consent of the authors of the content.
5.- User Content
You can contribute to the Service by sending us a message to our email address and through the contact forms available on the website (hereinafter "Content").
We may use your Content in various ways, such as: displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting it, or distributing it, according to the license indicated in the previous section.
This means that the content remains yours, but the Service, thanks to that license of use, can: a) use, reproduce, modify, adapt, translate, distribute, and publish the Content, create derivative works from it, display it and exhibit it worldwide, by any known means and for any legitimate purpose; and b) use the name you submit in connection with that Content.
However, the Service reserves the right not to publish content or information that is false or contrary to the rights of third parties.
6.- Age
Regarding the use of the website, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and to use the site in accordance with its terms and conditions, which you understand and acknowledge in full.
Furthermore, you affirm that you have the consent and/or legal authorization of third parties whose data and photographs you share through the website, especially in the case of minors.
You declare that all information you provide to access the Service, before and during its use, is true, complete, and accurate.
7.- Data Protection
7.1.- Information Collected
The personal and non-personal information collected will vary depending on your use of the website and its features.
Personal and non-personal information collected will come through three channels: 1) automatically collected, 2) voluntarily provided by you, and 3) provided by third parties.
7.1.1.- Automatically Collected Data
This information will include:
● Information collected through cookies or similar mechanisms stored on your device, always with your consent. Refer to our Cookie Policy for more information.
● The IP address from which the connection is made, the type of device used and its characteristics, the version of the operating system, the type of browser, language, date, country, time of request, referring URL, or the mobile network used, among others.
● Site usage data and any errors detected during its use, such as pages not found or incorrect views.
● Additionally, the Service uses Google Analytics, an analytical service provided by Google LLC with headquarters in the United States at 1600 Amphitheatre Parkway, Mountain View, California 94043. For the provision of these services, they use cookies that collect information, including the user's IP address, which will be transmitted, processed, and stored by Google as set forth in the terms found on www.google.com. This may include the possible transmission of such information to third parties for legal reasons or when such third parties process the information on behalf of Google.
In any case, you can disable Google Analytics cookies from here.
7.1.2.- Voluntarily Provided Data
This information will include:
● Personal or non-personal information contained in messages sent through the contact channels established by the Service, such as your name, email, phone, and comment.
● Information required to complete the provision of the service and carry out the corresponding billing: name or company name, email, address, phone, tax, and banking information.
All data is mandatory.
If you contract a service on behalf of another person through the platform, you guarantee to have legitimately obtained the personal information of those other individuals before providing us with their data.
● Information, personal or not, that may be contained in comments and reviews of the service and the platform, such as your name, email, and message.
7.1.3.- Provided by Third Parties
This information will include:
● Information provided by social networks or instant messaging services.
7.2.- Rights
We inform you that completing the forms is voluntary. However, if you do not fill in the mandatory fields (marked with a required or asterisk), the use of some functions of the site will not be possible or will be limited.
The personal data you provide will be incorporated and processed in the files owned by the Service, in order to fulfill your requests.
You can exercise your rights of access, rectification, erasure, restriction of processing, objection, and portability of your personal data at any time by email to: info@moralespenal.com or by postal mail to: Tenor Viñas 4-6, 5º1ª, 08021 Barcelona, Spain.
In both cases, you must identify yourself with your full name and perhaps with a copy of your ID or national ID, if necessary.
If you have given consent for a specific purpose, you have the right to withdraw consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.
Additionally, if you believe there is a problem with the way we are handling your data, you can direct your complaints to the relevant data protection authority, with the Spanish Data Protection Agency being the appropriate authority in the case of Spain.
7.3.- Use of Data
The Service will use the data collected to:
● Administer and update the service (with the legal basis being our legitimate interest in keeping and maintaining the service up to date and in good condition).
● Attend to your requests or send you quotes (with the legal basis being our legitimate interest in responding to and resolving queries from our users).
● Maintain the security of the Service, investigate illicit activities, enforce our terms and conditions, and assist law enforcement agencies in their investigations (with the legal basis being our legitimate interest in ensuring and maintaining the security of the Service and its users).
Likewise, the Service may use users' personal and non-personal information in the form of aggregated and anonymous data to display to third parties. It may also share statistics and demographic information about users and their use of the Service with third parties. None of this will allow those third parties to identify you personally.
The Service does not use individual automated decisions.
7.3.1.- In Emails and Contact Forms
The website of the site has TLS encryption that allows the user to securely send their personal data through standard contact forms.
The personal data collected will be subject to automated processing and incorporated into the corresponding files of the activity log and those owned by the Service. In this regard:
● Your IP will be received, which will be used to check the origin of the message in order to offer you appropriate recommendations (for example, presenting information in the correct language) and to detect possible irregularities (for example, possible cyber-attacks on the Service), as well as data relating to your ISP.
● Likewise, you may provide us with your data via email.
7.3.2.- On Social Networks
We have profiles on some of the main social networks on the Internet, with the Service being responsible for processing in relation to the data published on them (for example, photos uploaded by the Service showing people's faces).
This data will be processed according to the social network's corporate profiles. Therefore, we may inform, when the law does not prohibit it, our followers through any means allowed by the social network about their activities or offers, as well as provide a personalized customer service.
In no case do we extract data from social networks, unless the user has expressly and specifically consented to it.
When, due to the nature of social networks themselves, exercising your rights depends on modifying your profile, we will help and advise you to the best of our ability.
7.4.- Data Retention
The following indicates how long the data processed by the Service is retained:
● Disaggregated data will be retained indefinitely.
● Customer data will be retained for the minimum necessary period, and may be kept for up to:
- 5 years, according to Art. 1964 of the Civil Code (personal actions without a special deadline).
- 6 years, according to Art. 30 of the Commercial Code (accounting books or invoices, for example).
● User data uploaded by the Service to pages and profiles on social networks will be retained from when the user gives their consent until it is withdrawn.
8.- Service Providers and Others
There are third parties that manage part of the Service.
The Service requires them to comply with these Terms of Use and Privacy Policy as applicable, and they must also have their own. However, the Service will not be responsible for compliance with said policy.
Under some circumstances, the Service may share, use, preserve, or disclose Personal Information with third parties, on a non-aggregated basis:
● To provide the Service:
- The Service may share personal data collected with companies of the group, subsidiaries of the Service, or companies participating in the Service, such as GABINETE JURÍDICO FERMIN MORALES with NIF B61616926.
- Service providers who perform functions on our behalf, such as web hosting, statistics monitoring, or web development. These service providers may collect and have access to the information necessary to perform their functions, but are not allowed to share or use the information for any other purpose.
● To cooperate with competent authorities:
If we believe it is reasonably necessary to comply with any law, legal process, or legitimate interest. In any case, we will only provide the strictly required information.
9.- Liability
To the extent permitted by law, the Service is not responsible for: a) errors or omissions in the content; b) the lack of availability of the website; or c) the transmission of malicious programs in the content, despite having taken all reasonable technological measures to prevent it.
10.- Modifications
The Service reserves the right to make modifications to its website without prior notice, being able to change, delete, or add both the content and services provided through it and the way they are presented.
On the other hand, these terms and conditions may change at any time. The modifications will come into effect from the moment of their publication.
11.- Cookies
Refer to our Cookie Policy to understand how we use them.
12.- Security Measures
The Service adopts all necessary technical and organizational measures to protect the security and integrity of the personal and non-personal information collected. Both against unauthorized access and its accidental alteration, loss, or destruction.
In any case, the Service cannot guarantee the absolute security of the information collected, so you must collaborate and use common sense at all times regarding the shared information.
You understand and acknowledge that, even after deletion, personal and non-personal information may remain visible in cache or if other users have copied or stored it.
13.- Contact
If you have any doubts about these terms of use and privacy, contact us at:
Email: info@moralespenal.com
Address: Tenor Viñas 4-6, 5º1ª, 08021 Barcelona, Spain
