1. Website ownership

In accordance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, “the LSSI”), we inform you that the website: gipuzkoa.avanzagrupo.com (hereinafter, “the website”) is operated by Avanza Spain, S.L.U. (hereinafter, “the Company”), with Spanish tax no. B-64405731, registered in the Madrid Business Register, Volume 34703, Folio 70, Sheet M-426267, with its offices at Calle San Norberto 48, 28021 Madrid.  

2. Use of the website

This Legal Notice (hereinafter, “the Legal Notice”) establishes the conditions that govern use of the Information Society services made available for its collaborators by the Company via the Website. All aspects on the processing of users’ personal data collected when they use the Website can be found in the Privacy Policy.   

Information on how we use cookies can also be found in the Cookies Policy.

This means that accessing and using the Website implies that its user (hereinafter, the “User”) fully accepts and undertakes to observe this Legal Notice, the Privacy Policy, the Cookies Policy, as well as all instructions or recommendations indicated in each specific case by means of the Website.  

Access to the Website is free of charge, except for the cost of connecting to it via the telecommunications network supplied by the provider contracted by the User.

The Company reserves the right to make, at any time and with no need for prior notice, changes and updates to the Website and its contents, configuration and appearance, including this Legal Notice. We therefore recommend that you read it carefully before accessing and browsing the Website. The Company will post these conditions in a visible place, freely accessible for consultation.  

The User undertakes not to use the Website for fraudulent purposes, and not to behave in any way likely to damage the image, interests and rights of the Company or of third parties, also undertaking to use the Website, in addition to the services and contents thereof, in a diligent, proper and legal manner. Particularly, the User undertakes not to: remove, circumvent or manipulate the copyright and other features identifying the rights of its owners included in the Website contents, including protective technical devices, and all other information mechanisms potentially included in said contents. Furthermore, the User undertakes not to proceed with any action intended to damage, disable or overload the Website or which could in any way hinder its normal use and functioning. 

As a result of the above, the User holds sole responsibility with respect to the Company and third parties in the event of:

  • Consequences arising from the use, for purposes or effects which are illegal or contravene this document, of any part of the Website content, whether drawn up by the Company or by any third party.

  • Consequences arising from use contravening the content of this document and which is harmful for the interests and rights of third parties, or which can in any way damage, render useless or cause deterioration to the Website or its services or prevent its normal use by other Users.

In the event of failing to comply with this Legal Notice or of the Company having reasonable suspicions to suggest that this is the case, the Company reserves the right to limit, suspend or terminate your access to the Website, taking any necessary technical steps for this purpose. Furthermore, the Company reserves the right to decide, at any time, whether or not to continue providing its services via the Website.

3. Intellectual and industrial property

The intellectual property rights on availability of the Website contents (including the sui generis database right), its look & feel, distinctive symbols (commercial brands and tradenames), underlying software (including source codes), and the various elements making up the Website (texts, graphs, photographs, videos, etc.) are either the property of the Company or, where appropriate, works for which it holds the right of use and exploitation and, as such, constitute works protected under current intellectual and industrial copyright laws.  

Use of the Website by the User does not, under any circumstances, imply the transfer of any rights whatsoever in regard to intellectual and/industrial ownership of the Website, its contents, and/or of any of the Company’s distinctive symbols. Thus, by means of this Legal Notice, except where legally permitted, the User is expressly forbidden to reproduce, transform, distribute, publicly communicate, make available, extract and/or reuse the Website, its contents and/or the Company’s distinctive symbols, whether in part or whole.

It is strictly and expressly forbidden to reproduce elements or contents of the Website with the intention of making a profit or for commercial purposes. It is completely forbidden to copy, reproduce, adapt, change, distribute, commercialise, publicly communicate and/or proceed with any other action entailing infringement of current Spanish and/or international laws on intellectual and/or industrial property, or to use the Website contents without having received express and written authorisation beforehand from the Company.

4. Limitation of Liability

The Company, in keeping with personal data protection regulations and all other applicable provisions, applies the appropriate technical and organisational measures to ensure an adequate level of security.

In this respect, the Company adequately administers its server environment, having a strictly compliant firewall infrastructure, and continually uses updated technologies to ensure that there that the confidential and private nature of the information is not compromised.

The User recognises and accepts that they use the Website at all times at their own risk and responsibility and the Company therefore accepts no liability for any wrongful or improper use of the Website. It will therefore only hold liability for damage suffered by the User due to use of the Website when said damage is due to fraudulent action on our behalf. 

Particularly, by way of an example but not limited to, the Company will not accept liability for:

  • The content of websites accessed via the links included on the Website. Here, the terms indicated in section 5 of this Legal Notice will apply.

  • Damage of any kind suffered by the User’s computer equipment due to viruses, worms, Trojan viruses or any other harmful element. The User accepts that using the Internet means assuming the risk that their computer equipment may be affected by the elements listed above. The User is therefore, in any case, responsible for equipping themselves with the adequate tools for detecting and removing harmful electronic programs. 

  • Damage of any kind suffered by the User due to telecommunications failures or outrages causing suspension, cancellation or interruption of the Website service while or prior to using said service. In this respect, the User accepts that access to the Website requires the services provided by third parties which are not within the Company’s control (e.g. telecommunications operators, access providers, etc.) whose reliability, quality, continuity and functioning are not the Company’s responsibility.

  • Any use made by the User of the materials found on this Website, whether forbidden or permitted, in infringement of the intellectual and/or industrial copyright of content on the Website or belonging to third parties.

  • Third-party actions or omissions, independently of whether or not said third parties are connected to the Company by means of a contract.

Under no circumstances will the Company accept liability for:

  • Errors or delays in access to the Website by the User when entering their data on the order form, slow or impossibility of receipt by the addressee of their order confirmation or any other anomaly that may arise when such incidents are due to problems with the telecommunications network, accidents or force majeure and any other unforeseeable situation outside the control of the Company’s good faith.  

  • Errors or damage caused to the Website due to inefficient or malicious use of the service by the User.

In any event, the Company undertakes to solve all potential issues and to provide the User with all of the support required to achieve a fast and satisfactory solution to the problem.

5. Links

The Website includes links enabling the User to access other Internet pages and portals (hereinafter, “the Linked Sites”). In such cases, the Company acts as an intermediary services provider as per article 17 of the LSSI and will only be held liable for the contents and services contained in the Linked Sites when it has effective knowledge of their illegal nature and has failed to disactivate the link with due diligence. Should a User consider that a Linked Site with illegal or inappropriate contents exists on the Website, we ask them to inform the Company, by writing to rgpd@audens.es. Under no circumstances will sending this email entail the obligation to remove the corresponding link.

Under no circumstances does the existence of Linked Sites imply that the Company has effective, or any other kind of knowledge of the services and contents contained therein in the event of their unlawful nature, or that it necessarily has agreements with either those responsible for or the owners of the Linked Sites. Nor does the existence of said links imply recommendation, promotion, identification or agreement of the Company with the claims, contents or services provided via the Linked Sites. As a result, the Company accepts no liability for the content of Linked Sites, nor for their conditions of use and confidentiality policies, meaning that the User holds sole responsibility for verifying and accepting them every time they access, and use said sites. 

The User and, generally speaking, any individual or corporation intending to set up a link from their page or website to the Website, must obtain prior written authorisation from the Company. Under no circumstances does the establishing of said link imply the existence of relations between the Company and the owner or holder of the website or page setting up the link, or acceptance or approval by the Company of its contents or services.  

The setting up of any link from a page or site not related to any of the Website pages will be subject to the following terms and conditions:

  • No reproduction of all or part of any of the services contained on the Website is permitted.  

  • No false, inaccurate or misleading claims must be made in regard to the pages of the Website and its services. 

  • Under no circumstances will the Company accept liability for the contents, information, claims, opinions or services made available to the public in the page linked to the Website.

  • All links will be made to the Website homepage.

In any event, the Company reserves the right at any time to forbid or disable links to Website, especially in situations of unlawful activity or content included in the page or website in question. 

6. General aspects

Use of the Website is governed and interpreted according to Spanish law and any disagreements or disputes taking place between the aforementioned and the Company will be dealt with by the competent courts and tribunals according to applicable law.

Should any of the provisions of this Legal Notice be declared void, it will be removed or substituted. In any case, said declaration of nullity will not affect the validity of the other provisions stipulated in this Legal Notice.