Legal warning

1.- General information

This Website is owned by Elkargi Sociedad de Garantía Recíproca (Elkargi, S.G.R.) Paseo Mikeletegi, 50 – CP 20009 Donostia-San Sebastián (Gipuzkoa) and CIF V-20066411 registered in the following official registers:

Mercantile Registry of Gipuzkoa: Volume 400, Folio 154, Page 6.442.

Special Registry of the Ministry of Economy, Industry and Competitiveness: No. 6.

Special Registry of Reciprocal Guarantee Companies of the Bank of Spain: nº 9806

Special Registry of Reciprocal Guarantee Societies of the Department of Finance and Economy of the Basque Government: nº 1

With telephone no. 943 30 90 90 60 and e-mail address elkargi@elkargi.es

By using this website as well as any subdomains, microsites and/or subsections contained herein, it shall be understood that you have read, understood and accepted, without limitation or reservation, the conditions of use contained in this Legal Notice as well as the Privacy Policy which is available on this website and which we expressly recommend you to read. The use of this website constitutes the express and full acceptance of both the Legal Notice and the Privacy Policy in the version published at the time of access.

ELKARGI, S.G.R. reserves the right to modify the terms and conditions that appear on this web site, as well as to extend the contents, information, etc., at any time and without prior notice and, therefore, it is advisable to consult them at reasonable intervals in case of any changes.

The activity of ELKARGI, S.G.R. is subject to prior administrative authorization.

1.1.- Language

In the event that we translate this Legal Notice, our Privacy Policy, or any other rules of use, policies and procedures that may be published from time to time on this website, if there is a discrepancy between the Spanish version and a translated version, the Spanish version shall prevail

Commercial communications and advertising content.
ELKARGI, S.G.R. informs users that, in the event of a prior contractual relationship, we will send them information on our activities, products and/or services (including advertising and/or commercial communications for the purposes of art. 21 LSSICE 34/2002) based on our legitimate interest. If you do not want us to send you this type of information and stop processing your data for these purposes, please send us an e-mail to elkargi@elkargi.es and we will do so, and we may keep them blocked for the formulation, exercise or defense of claims. The withdrawal of your consent to send this type of communications does not condition the processing of your data for the other purposes described in the privacy policy.

However, your interests and fundamental rights will always prevail over our legitimate interest. If you choose to do so, by sending us an e-mail to the address indicated in the previous paragraph, we will stop sending you these types of communications in the future. You may also ask us to stop processing your data for this purpose.

If you are not a customer, we will only send this type of advertising and/or commercial communications by electronic means, if you authorize us to do so by clicking on the option expressly included for this purpose on our website:

2.1.- Advertising

This website as well as any subdomains, microsites and / or subsections contained therein, may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws and consents in each case may be applicable. The owner of the site will not be responsible for any error, inaccuracy or irregularity that may contain advertising content or sponsors. Nor will be responsible for damage to the sensitivity that the advertising material or other material may cause users or visitors to this website, as well as any subdomains, microsites and / or subsections contained therein.

3.- Intellectual and/or industrial property rights

The owner of the content and elements that make up this Web Site is ELKARGI, S.G.R. and consequently the intellectual and industrial property of the same and in particular of all the source codes, texts, images, design, logos, computer programs, animations, databases, trademarks, trade name or distinctive sign, sounds and other graphic or sound elements of the pages of the Web Site belong to the same. This enumeration does not constitute a closed list but an exemplary list and such elements are duly protected in accordance with Spanish and international regulations on Intellectual and Industrial Property.

The User undertakes to use the contents diligently and correctly, in accordance with the law, morality and public order. ELKARGI, S.G.R. authorizes the User to view the information contained in this web site, as well as to make private reproductions (simple downloading and storage activity in their computer systems), provided that the elements are intended solely for personal use, as well as their use exclusively for journalistic purposes, provided that, in both cases, the integrity of the same is respected and it is identified that the original source has been this web site belonging to ELKARGI, S. G.R., being forbidden to use the information contained in this web site for any other purpose, as long as it is used exclusively for journalistic purposes. G.R., expressly prohibiting any type of biased use contrary to its nature.

Outside the purposes expressly established in the previous paragraph, the use of the contents of the Web Site, and its distribution, modification, transfer to third parties, as well as its reproduction, transformation or public communication, by any means and technology, is prohibited, requiring the prior express consent of ELKARGI, S.G.R., any action contrary to this text constituting an infringement of the regulations on industrial and intellectual property rights.

Nevertheless, the use of this web site is permitted provided that the integrity of the same is respected and that the original source is identified as having been this web site belonging to ELKARGI, S.G.R., and any type of biased use contrary to its nature is expressly prohibited.

ELKARGI, S.G.R. reserves the right to take appropriate legal action in defence of its rights.

4.- Passwords and private area

In the event that a password is sent to the USER for access to certain services, the USER must keep it under his exclusive responsibility in the strictest and most absolute confidentiality and secrecy, and must proceed to its custody, use and preservation in a diligent manner, expressly prohibiting the transfer of the same to third parties, the USER being responsible and therefore liable for any harmful consequences that may arise both for the owner of the Web Site and for the rest of the USERS. In the event of theft, loss or unauthorized use or access of the password, the USER must immediately notify ELKARGI, S.G.R. so that the appropriate measures can be taken, the USER being responsible for any damage that may be caused both to ELKARGI, S.G.R. and to other USERS as a result of late notification.

ELKARGI, S.G.R. shall not be liable in any case for any incidents that may arise in relation to personal data when they derive either from an attack or unauthorized access to the systems in such a way that it is impossible to detect by the security measures in place, or when it is due to a lack of diligence on the part of the registered client with regard to the safekeeping and custody of their access codes or their own personal data.

To access the private area of this website it is necessary to have registered as a user, for which you will be asked for basic information necessary to create your profile in the private area. Once you have completed the registration form, we will be able to verify your identity to activate your profile.

5.- Security

In this website we have adopted reasonably adequate security measures to guarantee the confidentiality, integrity and availability of the information with personal data. Nevertheless, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and, therefore, we cannot guarantee the absence of viruses or other elements that may cause alterations in computer systems (software and hardware) of the User or in their electronic documents and files contained therein

In www.elkargi.es and www.elkargionline.com we use the HTTPS (SSL) protocol to establish a secure communication channel between the server and the user to send their personal data. Providing this service through a secure server guarantees the confidentiality of the information exchanged between the user’s computer and the server, since an encrypted connection is established between the two, using the SSL protocol, which makes it impossible for third parties to access the information sent.

6.- Responsibility

a) General

ELKARGI, S.G.R. is interested in ensuring that this web site functions as efficiently as possible and fulfils the purpose for which it was created, but it accepts no liability for any typographical, formal or numerical errors that the web site may contain, nor for the accuracy of the information contained therein, nor for any possible malfunctions or anomalies in its operation.

ELKARGI, S.G.R. does not guarantee that the web site and the server are free of viruses and accepts no liability for any damage caused by access to the web site or by the impossibility of accessing it.

The user undertakes to use this web site loyally and lawfully and in accordance with the laws and customs of the trade; he/she also undertakes not to engage in any conduct that may damage the image, interests or rights of ELKARGI, S.G.R. or of third parties or that may damage, render useless, overload or impede in any way the normal use of this web site.

ELKARGI, S.G.R. reserves the right to modify the terms and conditions that appear on this web site as well as to extend the contents, information, etc., at any time and without prior notice and, therefore, it is advisable to consult them at reasonable intervals in case of any changes. You should read the new legal notices and conditions of use of the website that may be incorporated. Otherwise, you should refrain from using and accessing them, and ELKARGI, S.G.R. declines all liability and reserves the right to suspend and terminate access to the contents of the Web Site, as well as the services provided therein.

b) Links and hyperlinks

The websites owned by ELKARGI, S.G.R. may provide links or access to other resources or websites of third parties, which we believe may be of interest to you or are necessary for the provision of some of the services of our websites, but in no case are these websites controlled by us

The purpose of such links may be to facilitate your search for resources that may be of interest to you on the Internet.

However, these sites do not belong to ELKARGI, S.G.R., nor does it review their contents and, therefore, it cannot be held responsible for them, nor for the services provided, if any, that appear and/or are available on these sites, for the operation of the linked page, for the use and processing of data that they may make, for any possible infringements that may be committed or for any possible damages that may derive from access to or use of the same, and the existence of the link does not imply any relationship between ELKARGI, S.G.R. and the persons or entities that own such contents or the sites where they are to be found.

Therefore, ELKARGI, S.G.R. assumes no responsibility whatsoever for the linked sites, nor is it responsible for their operation, for the contents and services hosted therein or for any possible links contained in such linked sites.

We strongly recommend reading the corresponding legal notices and, especially, the privacy policies of these pages before entering your personal data in them and in case of doubt we recommend that you contact these sites directly to obtain more information about their privacy policies.

If the user becomes aware of any unlawfulness or inappropriateness of the contents, services or any other activities carried out through a linked site, he/she must immediately inform ELKARGI, S.G.R. so that it may, if necessary, adopt the measures it deems appropriate.

It is expressly forbidden to present a page from the web site www.elkargi.es and www.elkargionline.com on another web site that does not belong to ELKARGI, S.G.R. (using the technique known as “framing” or any other technique to the same or similar effects), or to insert any type of content disseminated through www.elkargi.es and www.elkargionline.com on another web site other than this one using the technique known as “in line linking”, or any other technique to the same or similar effects, without the express consent of ELKARGI, S.G.R.

By using this web site, we consider that the user has read this document carefully and has understood and followed its advice. In the event that the user does not agree with this data protection policy or with the advice given herein, please do not use our website.

7. Jurisdiction and Jurisdiction

In the event of any conflict or dispute regarding the interpretation of these conditions, as well as any other matter related to the services of this Website, the applicable jurisdiction and regulations shall be Spanish, while the competent Courts shall be those of San Sebastian.