Legal Advice

  1. IDENTIFICATION DATA: In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, then reflect the following data of the company owning the web domain:

    – Company name: BARCELONA MORTGAGE SERVICING, S.L. (Hereinafter BMS).
    – Registered Office: C/Muntaner 200, 3º5ª, 08036 Barcelona
    – CIF: B-66694027
    – Email: info@barcelonams.es
    – Customer Service Telephone: 93 100 23 42
    – Customer service hours: Monday to Friday, from 9h to 18h.
    – Registration:
    -Registered in the Mercantile Registry of Barcelona in volume 45196, folio 36, page 479939, 1st inscription.
    -Registered in AECOSAN with the number 607/2016 second section.
    -Registered in the Registry of Real Estate Credit Intermediaries of the Bank of Spain under No. D029.

  2. USERS: The access and/or use of this BMS portal attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use reflected herein. The aforementioned Conditions shall apply regardless of the General Contracting Conditions that may be mandatory.
  1. USE OF THE PORTAL: barcelonams.es provides access to a multitude of information, services, programs or data (hereinafter, “the contents”) 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 such registration the USER will be responsible for providing truthful and lawful information. As a consequence of this registration, the USER may be provided with a password for which he/she will be responsible, undertaking to use it diligently and confidentially. The USER agrees to make appropriate use of the content and services (such as chat services, discussion forums or newsgroups) that BMS offers through its website and, by way of example but not limited to, not to use them to (i) engage in illicit, illegal or contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, apology of terrorism or against human rights; (iii) cause damage to the physical and logical systems of BMS, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. BMS reserves the right to remove any comments and contributions that violate the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that violate the youth or childhood, order or public safety 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 forums, chats, or other participation tools.
  1. DATA PROTECTION:
    1. PERSON IN CHARGE OF THE TREATMENT
      Company name: BARCELONA MORTGAGE SERVICING, S.L. (Hereinafter BMS).
      Registered Office: C/Muntaner 200, 3º5ª, 08036 Barcelona
      CIF: B-66694027
      Email: info@barcelonams.es
      Customer Service Phone: 93 100 23 42
    2. PURPOSE OF DATA PROCESSING AND CATEGORIES OF DATA PROCESSED
      To access some of the services that BMS offers through the website you must 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 inform you that, by completing these forms, your personal data will be incorporated and processed in the files of BMS in order to provide and offer you our services as well as to inform you of improvements to the website. We also inform you of the possibility of exercising your rights of access, rectification, cancellation and opposition of your personal data, free of charge by email to info@barcelonams.es.

      For what purpose?
      The collection and automated processing of personal data is for the purpose of maintaining the business relationship and the performance of tasks of information, training and other activities of BMS.

      Users who provide personal data, unequivocally consent to the incorporation of their data to the files containing personal data, for which BMS is responsible, as well as the computerized treatment or not of the same so that they can be used by BMS, in order to facilitate the development of the activity of the business, statistics, sending commercial information.

      In the event that the data collected are used for a purpose other than that for which they were collected, the prior consent of the interested parties will be required. The data collected may be subject to transfer to which the user gives his express consent by browsing through the website.

      How long does BMS keep your data?
      BMS may keep your data, once the relationship with the user has ended, in order to comply with legal obligations. In turn, it will proceed to the cancellation of the data collected when they are no longer necessary for the fulfillment of the purposes for which they were collected.

      What is the legitimacy for the processing of your data?
      The processing of user data is carried out on the basis of the free, specific, informed and unequivocal consent given by the users, while they are informed by making this privacy policy available to them. Such consent may be withdrawn at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.

      When the data is collected, the voluntary or mandatory nature of the responses will be indicated. The refusal to provide data classified as mandatory will result in the non-provision of the service or information requested. Likewise, data may be provided on a voluntary basis in order to better provide the requested service or information requested. When forms are used to collect this personal data, the user is fully identified, since it is the user himself, who voluntarily enters his data in the forms available on our website.

      In the event that users of this website should provide their e-mail address to access some of the services or information requested, they may state that they do not wish to receive any type of communication that BMS may send. BMS will make available to users who have registered in any type of mailing list within this website the appropriate mechanisms to unsubscribe from it.

      BMS has the consent of the user to make use of the personal data it has and to carry out with them the necessary computer processing for the provision of its services, reserving the right to remove all data belonging to users who do not meet the criteria for the provision of the service.

      To which recipients will your data be communicated?
      The Personal Data we collect from you may be processed by members of the Controller’s staff, on the lawful basis of legitimate interest, and to fulfill administrative purposes. Your Personal Data may also be communicated to:

      – Companies of the same business group.
      – Lenders and financial comparators.
      – Credit and solvency information providers such as CIRBE, ASNEF and/or Equifax files.
      – Potential investors.
      – Brokerage and investor management companies.
      – Third parties that help us provide digital services, such as CRM, platform providers, web analytics, search engine, hosting services, maintenance and support of our databases, as well as our software and applications that may contain data about you.
      – Providers and partners of marketing and advertising related services, such as digital media and social networks, among others, in order to help us deliver advertising, marketing and campaigns, to analyze their effectiveness and to manage your contact and inquiries.
      – Third parties for compliance with legal regulations.

We will ensure that any communication of your personal information by us or by third parties with whom we share your personal information complies with applicable laws.

In cases where the user includes files with personal data on shared hosting servers, BMS is not responsible for the user’s failure to comply with the RGPD.

What are your rights when you provide us with your personal data?
Users may revoke their consent at any time without retroactive effect, as well as exercise the following rights free of charge:

– Request access to your personal data or its rectification when it is inaccurate.
– Request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
– Request the limitation of their processing in certain circumstances.
– Request opposition to the processing of your data for reasons related to your particular situation.
– Request data portability in the cases provided for in the regulations.
– Other rights recognized in the applicable regulations.

These rights may be exercised by writing to BMS, specifying the right to be exercised and with respect to which personal data, accompanying your communication with a photocopy of your ID, to the postal address: C/ Muntaner 200, 3º 5ª or at the following email address info@barcelonams.es, in which case your email must be digitally signed to prove your identity.

In the event that you do not receive a satisfactory response and wish to make a complaint or obtain further information regarding any of these rights, you can go to the Spanish Data Protection Agency (www.agpd.es- C/ Jorge Juan, 6 de Madrid).

The user declares that all the data provided by him/her are true and correct, and undertakes to keep them updated, communicating any changes to info@barcelonams.es.

If you wish to clarify any aspect related to the Privacy Policy of BMS you can contact us through the following e-mail address: info@barcelonams.es.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY: BMS itself or as assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color 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. Under the provisions of Articles 18, 19 and 31.3 of the Intellectual Property Law, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of BMS, are expressly prohibited. The USER undertakes to respect the Intellectual and Industrial Property rights owned by BMS. You can view the elements of the portal and even print, copy and store them on the hard drive of your computer or any other hardware provided it is solely and exclusively for personal and private use. The USER shall refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of BMS.
  1. MODIFICATIONS: BMS reserves the right to make unannounced changes it deems appropriate in its website, and may change, delete or add content and services provided through the same as the way in which they are presented or located on its website.
  1. LINKS: In the event that barcelonams.es had links or hyperlinks to other Internet sites, BMS will not exercise any control over such sites and content. In no case will BMS assume any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.
  1. 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.
  1. GENERAL: BMS will pursue the breach of these conditions, as well as any improper use of its website, exercising all civil and criminal actions that may correspond to it by law.
  1. MODIFICATION OF THE PRESENT CONDITIONS AND DURATION: BMS may modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by others duly published.
  1. APPLICABLE LAW AND JURISDICTION: The relationship between BMS and the USER shall be governed by current Spanish law, and the judges and courts of the user’s domicile shall have jurisdiction.
    Likewise, our entity is adhered to Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain). For more information: http://www.confianzaonline.es.

    These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If they refer to electronic transactions with consumers, or about data protection when they are related to this area, the claims will be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.In addition, we remind you that you can access the online dispute resolution platform of the European Union by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

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