Legal Advice

1. IDENTIFICATION DATA: In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following data are reflected below: The company that owns the web domain is Barcelona Mortgage Servicing, SL (hereinafter BMS), with registered office at c/ Muntaner, 200, 3º5ª, 08036 Barcelona, with CIF B-66694027, registered in the Barcelona Mercantile Register in volume 45196, folio 36, page 479939, 1st entry. Contact e-mail address: info@barcelonams.es.

2. USERS: Access and/or use of this BMS portal confers the condition of USER, who accepts, from said access and/or use, the General Conditions of Use reflected here. The aforementioned conditions will be applied independently of the General Contracting Conditions which, in their case, are obligatory.

3. USE OF THE PORTAL: barcelonams.es provides access to a multitude of information, services, programmes or data (hereinafter, “the content”) on the Internet belonging to BMS or its licensors to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or content. In this registration, the USER will be responsible for providing true and legal information. As a consequence of this registration, the USER may be provided with a password for which he will be responsible, committing himself to make a diligent and confidential use of it. The USER undertakes to make appropriate use of the content and services (such as chat services, discussion forums or news groups) that BMS offers through its portal, and, by way of example but not limitation, not to use them for (i) illegal or unlawful activities, or activities that are contrary to good faith and public order; (ii) the dissemination of content or propaganda of a racist, xenophobic, pornographic or illegal nature, or which defend terrorism or violate human rights; (iii) causing damage to the physical and logical systems of BMS, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that could cause the aforementioned damage; (iv) attempting to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages. BMS reserves the right to withdraw all those comments and contributions that infringe on the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or children, public order or security, or that, in its opinion, are not suitable for publication. In any case, BMS will not be responsible for the opinions expressed by users through the forums, chats, or other participation tools.

4. DATA PROTECTION:
I. PERSON IN CHARGE OF THE TREATMENT
Who is responsible for your data?
Identity: Barcelona Mortgage Servicing, SL, with address at c/ Muntaner, 200, 3º5ª, de 08036 Barcelona,
CIF B-66694027
Telephone: 93.100.23.42
II. PURPOSE OF DATA PROCESSING AND CATEGORIES OF DATA PROCESSED
In order to access some of the services that BMS offers through the website you will have to provide some personal data. In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), we hereby inform you that, by filling in these forms, your personal data will be incorporated and processed in BMS’ files in order to provide and offer you our services and to inform you of improvements to the website. Likewise, we inform you of the possibility of exercising your rights of access, rectification, cancellation and opposition of your personal data, free of charge, by e-mail to info@barcelonams.es

For what purpose?
We treat the information provided by the user with the purpose of managing the requests for information made through the Website, for the provision of services required through this medium and, where appropriate, to send information and commercial communications that may be of interest.
Forwarding of communications of interest to you related to the products and/or services offered by BMS. Similarly, the personal data provided by telephone will be included in the databases of the person responsible and will be processed for subsequent professional or commercial communications.
How long does BMS keep your data?
BMS will keep your personal data until you request its deletion.
What is the legal basis for the processing of your data?
The legal basis for the treatment of data is the consent of the user given by accepting the data treatment clause, contracting some type of professional service or simply communicating with BMS through any of the authorised contact means: telephone, email, post or fax.
In the forms on the Website, the user will be required to fill in the fields marked as “compulsory”. If not all the personal data required by BMS is provided, this could mean that the required application is not processed.
The user must provide BMS with their current and true personal data in order to comply with the established purpose, so that the information contained in their files is up to date and free of errors, which will allow a correct service to be provided.
To which recipients will your data be communicated?
Your data may be hosted on data management and commercial communication platforms (MailChimp). They will be kept and processed with the appropriate security measures proportionate to the category of classification of your data, and may be transferred to third party providers (agencies, notaries, collaborating lawyers, public administrations, financial and real estate intermediaries, IT service providers).
What are your rights when you provide us with your personal data?
You can exercise your right to access your personal data, as well as request the rectification of inaccurate data or, where appropriate, request their deletion when the data is no longer necessary for the purposes for which it was collected. He may also request the limitation, portability and opposition of the processing of his data, under certain circumstances and for reasons related to his particular situation.
Likewise, you have the right to revoke your consent at any time without retroactively affecting the processing of personal data carried out up to that time.
The user may exercise the above-mentioned rights, under the terms and conditions provided for in the legislation in force, at the registered office of BMS or by sending an e-mail to info@barcelonams.es
In the event that you do not obtain a satisfactory response and wish to make a claim or obtain further information about any of these rights, you can go to the Spanish Data Protection Agency (www.agpd.es- C/ Jorge Juan, 6 de Madrid).

5. INTELLECTUAL AND INDUSTRIAL PROPERTY: BMS by itself or as a transferee, is the owner of all the intellectual and industrial property rights of its website, as well as of the elements contained in it (by way of example, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by BMS or its licensors. All rights reserved. By virtue of the provisions of Articles 18, 19 and 31.3 of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorisation of BMS, is expressly prohibited. The USER undertakes to respect the Intellectual and Industrial Property rights owned by BMS. You may view the elements of the portal and even print them out, copy them and store them on the hard drive of your computer or on any other physical support, provided that this is solely and exclusively for your personal and private use. The USER must abstain from deleting, altering, eluding or manipulating any protection device or security system that was installed on the BMS pages.

6. EXCLUSION OF GUARANTEES AND RESPONSIBILITY: BMS is not responsible, in any case, for the damages of any nature that could cause, by way of example: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid it.

7. MODIFICATIONS: BMS reserves the right to make any modifications to its portal that it considers appropriate without prior notice, and may change, remove or add both the content and services provided through the portal and the way in which they are presented or located.

8. LINKS: In the event that barcelonams.es provides links or hyperlinks to other Internet sites, BMS will not exercise any control over such sites and content. Under no circumstances will BMS assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, scope, veracity, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external links will not imply any type of association, merger or participation with the connected entities.

9. RIGHT OF EXCLUSION: BMS reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use.

10. GENERAL: BMS will prosecute any failure to comply with these conditions and any improper use of its website, exercising all the civil and criminal actions that may correspond to it by law.

11. MODIFICATION OF THE PRESENT CONDITIONS AND DURATION: BMS can modify at any time the conditions determined here, being duly published as they appear here. The validity of these conditions will depend on their exposure and will be in force until they are modified by other duly published conditions.

12. APPLICABLE LEGISLATION AND JURISDICTION: The relationship between BMS and the USER will be governed by current Spanish legislation and any dispute will be submitted to the Courts and Tribunals of the city of Barcelona.

13. reCAPTCHA: To avoid misuse by users and bots, barcelonams.es uses an invisible anti-spam from Google (reCAPTCHA). The use of the reCAPTCHA is subject to Google’s Privacy Policy and Terms of Use.