TERMS OF USE AND PRIVACY POLICY - TAX QUESTION SPAIN

1. GENERAL INFORMATION

By accesing this website (TAX QUESTIONS SPAIN website) you agree to be legally bound by these TERMS OF USE which will govern the relationship between the USER and the website www.taxquestionspain.com and the provision of services that are offered in TAX QUESTION SPAIN (hereinafter SERVICES).
Updated TERMS OF USE  will be available at all times, in this website.

Everyone who enters and/or uses the SERVICES provided on TAX QUESTION SPAIN, shall be deemed  USER.

TAX QUESTION SPAIN and its SERVICES  are continuously evolving and developing new tools that increase their value.

In case of modification of the existing tools, entailing changes in the present TERMS OF USE, said changes will be implemented and published, therefore it is recommended to periodically read the said TERMS OF USE. 

The use of certain services may be subject to PARTICULAR CONDITIONS which, depending on the case, may substitute, complete and/or modify the present  TERMS OF USE. Therefore, prior to the use of such services, the USER must read and accept the corresponding PARTICULAR CONDITIONS of each service (hereinafter  the PARTICULAR CONDITIONS) which will be published in and by the same media as the TERMS OF USE.

2. IDENTIFICATION OF THE RESPONSIBLE

The holder and responsible for TAX QUESTION SPAIN and its services is the company BELLAVISTA LEGAL, S.L., domiciled in Granollers,  Sant Jaume 16, 08401 Granollers, BARCELONA (Spain), VAT number B-59553859 (hereinafter,  the RESPONSIBLE).

3. DESCIPTION OF THE ACTIVITY

TAX QUESTION SPAIN is a platform that provides its services through the network, informing and resolving questions raised by the USERS, in relation with  the following matters:

  • ACCOUNTING:
    • Auditing  
    • Bookkeeping
    • Financial Reporting
    • Accounting Compliance
  • BUSINESS TAX:
    • Corporate Tax
    • International Taxation
    • Capital Gain
    • Filling Taxes
    • Property Tax
    • Permanent Establishment
    • Double Tax Treaties
    • Reporting Income
    • Restructuring
    • Value Added Tax
    • Tax Credits
    • Tax Deductions
  • PERSONAL TAX:
    • International Taxation
    • Income Tax
    • Non-resident Tax
    • Property Tax
    • Capital Gains
    • Filling Taxes
    • Gift Tax
    • Inheritance Tax
    • Investments
    • Retirement Planning
    • Tax Credits
    • Tax Deductions
    • Tax Refund
    • Withholding Tax
  • COMPANY LAW:
    • Incorporations (Companies)
    • Permanent Establishment
    • Company Compliance
    • Corporate Secretarial Services
    • Bankruptcy

En adelante, todas ellas llamadas conjuntamente MATERIAS RELACIONADAS.
Hereinafter, all of them jointly will be called RELATED MATTERS.

The RESPONSIBLE of TAX QUESTION SPAIN reserves the right to modify, without prior notice, the design, presentation, storage and/or its configuration; as well as modify or cancel the above services as well as adding new ones.

4. ACCEPTANCE OF CONDITIONS

Entry and use of TAX QUESTION SPAIN and/or its the SERVICES, entails the USER ‘s full acceptance of the provisions contained in the present TERMS OF USE  and the PRIVACY POLICY, in all the released versions.

The acceptance by the USER must be carried out by ticking the box ready for this purpose on the website.

By accepting this agreement the USER declares:

  1. To be a person of legal age and/or  legally able to contract, according to the general laws of the Contracting State where he/she lives.
  2. That has  read and accepts the PRIVACY POLICY and the TERMS OF USE and the PARTICULAR CONDITIONS applicable to each case.

If the USER  does not agree with these conditions, he/she must leave TAX QUESTION SPAIN and cease using its services.

Likewise, in the event that the USER does not agree with any of the modifications carried out in the TERMS OF USE, the PARTICULAR CONDITIONS and/or the PRIVACY POLICy, he/she must, at that time, leave TAX QUESTION SPAIN and cease using its services.

5. PROVISION OF SERVICES

To hire the SERVICES it will be necessary to connect to the website www.taxquestionspain.com  and proceed as follows:

5.1. IDENTIFICATION

Para poder plantear una cuestión, el USUARIO deberá facilitar, como mínimo, los siguientes datos:
To  raise an issue, the USER must  mínimum provide, minimum, the following data:

  • Name and surname (required).
  • Company.
  • Email address (required).
  • To indicate if the USER acts on his or her own behalf or on behalf of the mentioned company or on behalf of a third individual.

Likewise, the USER must:

  • Indicate that he/she has read and accepts the PRIVACY POLICY, the TERMS OF USE and the PARTICULAR CONDITIONS applicable to each case.
  • Indicate, if it is the case, that he/she does not wish to receive communications or promotional information of TAX QUESTION.

It is important that the USER reads carefully these sections, since they contain relevant information about the USER’S rights, about treatment of his/her personal data and data collection, as well as rules that regulate and link the use of TAX QUESTION SPAIN and the relationship between the USER and the RESPONSIBLE.

It is also very important to inform the USER that their personal data, and all the information and documentation he/she provides us will be treated with absolute confidentiality and under professional secrecy.

Information and personal data should be accurate, precise and true, assuming otherwise the USER, any derived liability.

5.2. INFORMATION ABOUT THE RELATED MATTERS

Specifically, the USER who has authorised so, will receive via e-mail, regular information of the RELATED MATTERS.

5.3. APPROACH TO QUESTIONS

Once completed the sections of identification, the USER can raise any question about the related matters.

5.4. SPECIFIC CONDITIONS OF SERVICE

Within two working days of the receipt of the question, the  RESPONSIBLE will send an e-mail to the  USER with the following questions:

  • Additional information nedeed to provide an answer to the posed question.          
  • Approximate response time.
  • Detailed cost of sending the response.
  • Method of payment.
  • Other conditions, if any, for the preparation and for the sending of the response.

5.5. CONDITIONS ACCEPTANCE

If the USER accepts the said conditions, he will proceed according to  section 4.

5.6. PREPARATION AND SENDING OF THE RESPONSE

Once  the RESPONSIBLE gets the proof of the acceptance of the TERMS OF USE  and the payment, it will proceed  the preparation of the response and its delivery  in the agreed term.

5.7. RECEIPT OF THE RESPONSE

The  USER will receive, by email, within the  term and other agreed conditions, the answer to the  question.

5.8. CLAIM AND REFUND

In the event that the USER is not satisfied with the response received, he/she shall be entitled to claim within the period of seven working days following the date of receipt of the response.

Claim should be sent in writing to the following e-mail account taxquestionspain@bellavistalegal.eu. Justifying and attaching the information and/or documentation on which the claim is based.

Upon receipt of the same, our claim Department will resolve the complaint within five working days, and will send the resolution to the email address designated by the USER.

If our claim Department considers substantiated the claim raised, it shall return the amount paid to the USER’s bank account from which the payment was made,  terminating the claim process.

Where the USER does not agree with the proposed resolution, he/she can go to the Barcelona Court of Arbitration designated in these TERMS OF USE.

          6. OBLIGATIONS AND RESPONSIBILITY OF THE USER

The USER expressly undertakes the following essential obligations by usingTAX QUESTION SPAIN:

  • To use TAX QUESTION SPAIN without engaging in illegal or illicit actions, morality or contrary to the provisions of the TERMS OF USE and  the privacy policy and, where appropriate, the particular conditions and their updates.
  • Not to damage, disable, overburden or impair TAX QUESTION SPAIN or prevent the normal use or enjoyment of the same.
  • Not to make any attempt to violate access, tampering of data levels, duplication and exports of data or information protected by intellectual property or other legal rights, attempting to access restricted areas of the system owned by the RESPONSIBLE or third parties, introduction of programs, virus or any other device that produces or can produce changes in the computer system owned by the responsible or third parties.
  • Do not reverse engineer, decompile, disassemble, reproduce, translate, modify, versioning, market, duplicate, transform or transmit to the person or entity, partially or in its entirety, in form or means whatsoever, whether mechanical, magnetic, by photocopying or any other means, or remove any property notices or labels of TAX QUESTION SPAIN, or logical diagrams, code source, object or data model, without previous and explicit written authorization by the responsible, and even if any of these measures are necessary for interoperability with other programs or applications of third parties.
  • Having access and connection to the Internet network, pay rates of access, to have a device/equipment and computer and electronic systems needed to make the connection to the network.
  • To read, understand, and if you agree, accept the TERMS OF USE, the privacy policy and, where appropriate, the particular conditions and their updates and more specifically the policy of links and/or cookies of the RESPONSIBLE.
  • To learn about the technical and legal requirements for the correct access to TAX QUESTION SPAIN and, where appropriate, the use of the services; and may involve discharge in their computing devices of certain computer programs or other logical elements or the previous remuneration of services.

In addition, USERS who contract SERVICES, additionally are expressly obliged to the following essential obligations:

  • That all the information that contributes to make the question is completely true and current.
  • Not to disclose, transfer or transmit to third party in any way, the content of the response, or allow third parties other than those declared, remaining strictly confidential and secret the information provided by the RESPONSIBLE in its reply; being banned for the USER the use of the response for any other purpose that is not the exclusive satisfaction of his/her own needs declared in his/her posed  question.
  • To provide the responsible with all the necessary information  for the evacuation of the correct answer.
  • To make the payment of the amount stipulated in the proposal of the RESPONSIBLE, within the term and established form.
  • To defend and compensate and, in every case, to hold harmless the RESPONSIBLE, front any claims or actions of any kind, as well as any expenses and costs (including, among others, the legal service fees), that arise or may arise from the violation by the USER of these essential obligations, as well as these TERMS OF USE and the privacy policy and, where appropriate, the particular conditions.

The RESPONSIBLE reserves the right to deny or terminate access to any USER who does not respect provisions of the present essential obligations, the TERMS OF USE,  the privacy policy and PARTICULAR CONDITIONS  applicable to each case, as provided  in the legislation in force or to consider contrary to best practices or customs, both the country of residence of the RESPONSIBLE and the country of residence of the USER.

In every case, the  USER will be solely responsible for any breach of the provisions of present essential obligations, the TERMS OF USE,  the privacy policy and conditions applicable to each case, or in the rest of rules of the law of the country of residence of the RESPONSIBLE, as well as  the country of residence of the USER.



7. OBLIGATIONS AND LIABILITY OF THE RESPONSIBLE

The RESPONSIBLE  is obliged to the following essential obligations:

  • To provide a proper use of TAX QUESTION SPAIN and/or its SERVICES under the terms and conditions agreed in the present TERMS OF USE, privacy policy and, where appropriate, the particular conditions.
  • To communicate to the user the technical, administrative and legal requirements for the optimal use of TAX QUESTION SPAIN and/or its SERVICES, along with the necessary instructions for the use and recruitment of the same.
  • To update TAX QUESTION SPAIN and communicate the changes implemented to the user, by posting them on this web site.
  • To keep and store the information provided by the USER with absolute confidentiality and strict duty of professional secrecy.
  • To comply with the contracted services in accordance with the rules and standards set out in these TERMS OF USE, privacy policy and, where appropriate, the particular conditions.
  • To issue responses in accordance with the applicable Spanish and Community law and resolve these as a fictional hypothesis without personalising in a person or specific entity  or on the basis of real hard facts.
  • The RESPONSIBLE is only responsible for the veracity or correction of current legislation applicable to the fictitious case raised, with no responsibility greater than the strictly established.
  • From the misinterpretation and use of TAX QUESTION SPAIN services, or improper use of the contents sent or disseminated through TAX QUESTION SPAIN and/or the SERVICES the only responsable and its derived liability will fall in the USER who has made improper use.

The RESPONSIBLE will cooperate, if required, by court order or by the relevant authorities, in identifying  the responsible persons of those applications that violate the law.



8. INTELLECTUAL PROPERTY

Existing intellectual property rights on TAX QUESTION SPAIN and/or its SERVICES and/or its content, graphics, logos, designs, images and source codes used for programming and designs included in the same, as well as brands, trade names and industrial designs contained, are exclusive property of the responsible, being all of them protected by law.

The totality of the contents offered on TAX QUESTION SPAIN also belong to the RESPONSIBLE or to its legitimate owner while all of them are protected by national, community and international legislation.

The reproduction, distribution, public communication, transformation and/or implementation available to the public, in any form, and especially in a computer network or via remote access technologies of all or part of the TAX QUESTION SPAIN and/or its  services and/or its contents, graphics, logos, designs, images and source codes used for programming and designmarks, trade names and industrial designs, without the prior express permission of its rightful owner is completely forbidden.

By using TAX QUESTION SPAIN and/or its SERVICES, the USER does not acquire any rights in the same, just allowing he/she to simply enjoy them in his/her particular field, in accordance with the TERMS OF USE laid down in each case.

The unauthorized use of TAX QUESTION SPAIN and/or the products and/or services offered through TAX QUESTION SPAIN; as well as the injury to the intellectual or industrial property rights of its contents, products and/or services, will result in the corresponding legal responsibilities.

When the user detects any activity liable to infringe any intellectual property or any kind of law, please notify us by sending a communication to the following email taxquestionspain@bellavistalegal.eu


9. PRIVACY POLICY

The Responsible ensures that the treatment of the personal data that the USERS have provide to TAX QUESTION SPAIN, will take place in accordance with the  provisions set forth in the community and Spanish legislation in matters of data protection, privacy, as well as in accordance with the PRIVACY POLICY set up as follows:

In compliance  the Oragnic Lawwith 15/1999, of 13 December, of Protection of Personal  Data, the USER is informed that all data provided will be included in a file named USERS whose responsible is  the RESPONSIBLE.

This file is duly registered in the Registry of files of the Spanish Agency  of Data Protection in the name of the  RESPONSIBLE.

The  information about the USER that the RESPONSIBLE disposes, it is just  the information that the USER has provided, ensuring   the USER that the data provided are true, accurate, complete and up-to-date, being responsible for any loss or damage, direct or indirect, which might arise as a result of breach of this obligation not only to the RESPONSIBLE but to third parties as well.

For the required resolution of the issues raised and/or provision of services, it may happen that responsible  needs to collect additional information from the USER, in which case, the USER will be duly informed.

At any time, the USER will be informed of the necessary character of the collection of such data for the proper management of the provision of the  contracted SERVICES.

On the other hand, for easing up  the use of periodic information by the USER on related matters, as well as for communication of other information for promotional purposes, the RESPONSIBLE shall seek consent by the USER and independently it will be needed too  to  obtain the USER consent to the provision of services by ticking the corresponding box on the website.

The USER should be aware and expressly accepts that the content he/she sends through the TAX QUESTION SPAIN and/or its SERVICES are hosted on servers located in Granollers (Spain); so, he/she should be fully aware and accepts the possible international transfer of he/she personal data  and/or  of the other USERS he/she may have his/her  contacts so that they can be hosted on these servers.

It is very important for the RESPONSIBLE  the USER’s privacy and confidence.

The USER may exercise his/her rights of access, rectification, cancellation and opposition by writing to the following email:
taxquestionspain@bellavistalegal.eu.  

The RESPONSIBLE  will put the relevant technical means in order to prevent underage children from accessing the services, without the express consent of their parents or guardians.

If the RESPONSIBLE detects that an underage child is using TAX QUESTIONS SPAIN and/or its services, he will proceed to cancel the information or content and shall  inform the authority or competent body. Therefore the  RESPONSIBLE requests the collaboration of all USERS, in the sense that, if a USER detects the disclosure and/or use of any of these data, please notify via email provided, to be able to proceed as appropriate.

The RESPONSIBLE has put the technical and human resources which has at its disposal to ensure, as much as posible, the safety and protection of your information, as well as data, information and content systems; However, it cannot guarantee that  a bad faith third party  might violate the security systems; this is why the USER is warned from sending what especially cautioned, disseminate information or particularly sensitive content that may violate fundamental rights, privacy or honour or specially protected personal data.


10. LINKS AND COOKIES

The RESPONSIBLE informs that TAX QUESTION SPAIN uses Google Analytics a web analysis service provided by GOOGLE Inc., which located a number of cookies.

Cookies are files that are installed on the computer from which the USER accesses our website, and can obtain information such as date, time and place of the IP address of the access device that visited TAX QUESTION SPAIN; store and retrieve information about the habits of navigation from that IP address.
The information obtained through this tool is used in order to analyze and evaluate TAX QUESTION SPAIN made navigation and thus allow improving our website, detect new needs and assess improvements to introduce and provide a better service to USERS.

This tool does not obtain data of names or surnames of users or the postal address where they are connected. The information obtained is related to, for example, the number of pages visited, language, social network which is publishing our content, the city that is assigned the IP address from which users, the number of users who visit us access, the frequency and repetition of visits, time of visit, the browser used,the operator or terminal type from which the visit is made.

The collection of information on the use of TAX QUESTION SPAIN is made through Google Analytics company GOOGLE INC,not having the  RESPONSIBLE direct access to such information, but only on the information provided subsequently byGOOGLE INC, having being this that determines the purpose of the processing and use of the collected information, as well as the functioning and duration of cookies.

For further information please enter www.google.com/analytics/ and http://www.google.es/intl/es/analytics/privacyoverview.html.

To  allow, know, block or delete cookies installed on the computer, the USER can do it by setting the options of the browser installed on the device from where you browse.

For example, the user can find information about how to do this in icase he/she uses the following browsers:

If the USER connects with any link or banner other than TAX QUESTION SPAIN, he/she should know that he/she will be navigating to another site in the Internet network, whose rules of use and privacy policy are beyond the control of the RESPONSIBL; Therefore, it is suitable that the USER checks these rules of use and privacy policy, in order to find out the rules and treatment given to his/her  personal data.

The inclusion of content or services on websites of third parties that could be detrimental to the image of the RESPONSIBLE  or TAX QUESTION SPAIN or its services, is prohibited, reserving the RESPONSIBLE the right to prohibit, restrict, or demand the cancellation of the links (links) made, when thus deemed appropriate, without being in any way obliged to pay any compensation for this reason.


11. NULL AND VOID CLAUSES

If any clause included in these TERMS OF USE is declared totally or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is void or ineffective, subsisting conditions in everything else, having such  provision, or the part of it that would be affected, the consideration as non-existing.


12. LEGISLATION AND APPLICABLE JURISDICTION

For any question or divergence that may arise on these contents, activities, products and services contracted, the RESPONSIBLE and the USER, expressly waiving any other jurisdiction that could correspond to them, expressly submit to the application of the Spanish legislation, being also competent  the Spanish courts or Arbitration Tribunal of Barcelona, with express submission to the jurisdiction of the courts of Barcelona, unless applicable law determines imperatively another jurisdiction or separate legislation.

Taxquestionspain.com © BELLAVISTA LEGAL, S.L.
Av. Diagonal, 463 bis 3r 4t - 08036 Barcelona, Espanya -
Tel. +34 93 363 54 71 - Fax +34 93 439 02 04
Disseny web: Produccions Planetàries