GENERAL TERMS OF BUSINESS FOR NON RESIDENT TAX AND WEALTH TAX

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The trading name of LEGALBONO: Identifies the Spanish Limited Liability Company registered in the Mercantile Registry of Malaga under the name LEGALBONO 2013 S.L., based in Marbella, Malaga. Registered  in Volume 4593, Folio 75, Book 3501 and fiscal identification number B-92971670; LEXAFI CONSULTORES S.L., incorporated in Marbella before the Notary Public Mr. Juan Alegre González, on the 17th March 2005, under number 1279 of the protocol and registered in the Mercantile Register of Málaga, under volume 3793, sheet 29, page number MA-76888, inscription number 1 and with fiscal identification number B-92628429; CONVEGESTION MH25, S.L., incorporated in Marbella before the Notary Public Mr. Manuel Garcia de Fuentes y Churruca, under number 5234 of the protocol and registered in the Mercantile Register of Málaga, under volume 5454, sheet 17, page number MA-130922, inscription number 1 and with fiscal identification number B-93440014; and also WORLD LEGAL ADVISERS 2015 SLU, incorporated in Marbella before the Notary Public Mr. Juan Miguel Motos Guirao, under number 155 of the protocol and registered in the Mercantile Register of Málaga, under volume 4460, sheet 142, page number MA-95766, inscription number 1 and with fiscal identification number B-92907120. This document may also refer to Legalbono as “we”, “ours” or “us”. 

 

THE CLIENT: 

Is the requester and recipient of the services described in this General Terms of Business. This document may also refer to the Client as “you” or “yours”. 

  

SERVICES: 

Refers to the calculation, preparation, drafting and registration with the Spanish Tax Authorities of the following Tax returns: 

  • Annual/quarterly Personal Income Tax Return (Form 210). This tax applies to owners of properties or for owners who obtain actual income through lease of the property which is to be registered separately. Individual tax returns must be filed for each property and for each owner. 
  • Annual Wealth Tax Return (Form 714). Applicable when the total value of the property exceeds the tax-exempt limit of 700.000,00 € deducting any possible debt. Individual tax returns must be filed for each property and for each owner. 

  I. GENERAL TERMS AND THEIR SCOPE:

The general terms set forth in the present contract include, unless otherwise agreed, the Services described above. 

The general terms set forth in the present contract include, unless otherwise agreed, the calculation, preparation, drafting and registration with the Spanish Tax Authorities of the following Tax Returns: 

  • Annual/quarterly Personal Income Tax Return (Form 210). This tax applies to owners of properties or for owners who obtain actual income through lease of the property which is to be registered separately. Individual tax returns must be filed for each property and for each owner. 
  • Annual Wealth Tax Return (Form 714). Applicable when the total value of the property exceeds the tax-exempt limit of 700.000,00 € deducting any possible debt. Individual tax returns must be filed for each property and for each owner. 
    Anything not expressly included in this section of this document will be considered excluded of the Scope of the Services 

As a non-exhaustive example of services not covered by this proposal: 

  • Consultation on any kind of fiscal problem which might arise with respect to the relevant taxes and withholding taxes affecting you, or your residency status. 
  • Preparation, drafting and submission of your Capital Gains Tax Returns to fulfil the tax liabilities stemming from the sale of your property, and/or applying for Refund (when applicable) of the withholding tax paid during the sale of your property. 
  • Requesting advice on Inheritance Tax. 

The services covered by this proposal would not include assistance on drafting of agreements, litigation, and other matters of an extraordinary nature which, if required, would be invoiced separately, of course with your approval.  

In addition to this, the present general terms substitute and cancel any previous agreement between LEGALBONO and the CLIENT within the scope of the present document and these shall be directly applicable to future services provided by LEGALBONO to the same CLIENT. Except for those cases in which both parties agree otherwise or if the services are considered outside of the scope of these General Terms of Service. 

LEGALBONO will start to work once an offer of services has been signed, received and the corresponding fees transferred to the bank account as indicated in the agreement. These general terms shall be tacitly accepted if the CLIENT were to send instructions and orders through the ordinary means provided by LEGALBONO. 

We would like to bring to your attention that we only render opinions issues in accordance with Spanish law. In other words, we will not tackle any topic related to any laws other than the laws of Spain in effect on the date hereof and as applied by Spanish courts on today’s date. 

 II. SCOPE OFAPPLICATION:

The parties involved are LEGALBONO, as an adviser, and the CLIENT. The advice that LEGALBONO offers shall be tailormade to the needs of the CLIENT upon acceptance of the engagement letter also referred to as offer of services only. Importantly, not being subject to assignment, distribution, usage, or communication to a third party without LEGALBONO´s prior written consent. 

LEGALBONO shall render services on the subject matters included in this engagement letter sent to the CLIENT only. Any agreement between the parties that modifies the rendering of services in any sense must be agreed upon in writing by the parties with sufficient legal capacity. In this sense, sufficient legal capacity with regards LEGALBONO refers to the partner signatory of the engagement letter only. 

All legal advice related to the carrying out, performance or recommendations regarding a case are specific for each CLIENT, being the client solely responsible for each decision. LEGALBONO shall not, in any case, assist the client in operational or business decisions, being these specifically excluded in any case. 

The parties do not have the right to assign the rights and obligations from the present contract to a third party without prior written consent from the other party, except in cases of partial or universal succession when this affects the present contract in some way. 

III. LEGALBONO´S PROFESSIONALS: 

LEGALBONO ensures a total commitment of its professionals to achieve a high standard rendering of services. In the cases in which one or various professionals are not able to continue developing the rendering of services as per the engagement letter, LEGALBONO shall substitute these professionals either partially or totally for other professionals with the same capacity, informing the client previously of this extent. 

IV. DEPENDENCE OF THE PARTIES TO THISCONTRACT:

Each of the parties to this contract shall act independently from each other. Therefore, the parties cannot be considered as an agent or supplier of one another, nor act or introduce themselves, implicitly or explicitly, as an agent of the other party, nor in any other manner that may imply or create obligations in the name of the other party. 

 

 

V. CODE OFCONDUCT:

LEGALBONO and its professionals are subject to the standard Lawyer – CLIENT commitments as laid down in the Code of Conduct of the Spanish Bar Association, with the exceptions which have been legally established for these relationships. 

The Lawyer responsible for the rendering of services shall direct the procedure with total independence, without having to follow instructions from the CLIENT if these were to affect his professional criteria. We have the CLIENT´s interests at heart and shall always prevail over those of the Lawyer and the Lawyer shall act accordingly but without being bound by the CLIENT´s specific instructions.  

VII. INVOICING AND PAYMENT: 

The client will pay LEGALBONO the stipulated fees, which are annual or quarterly and will accrue on the 31st or of December of each year  The client hereby authorizes LEGALBONO to subsequently charge his/her bank account during the last five working days of December or first five working days of January. 

LEGALBONO will properly inform the client regarding his/her resulting tax liabilities and obligations. The client hereby authorizes LEGALBONO to subsequently fill the taxes on his/her behalf before expiration of the term legally established providing the tax authorities with his/her Spanish bank account details. The Tax will be charged by the Tax Office in that account the 20th day of the following month ending each quarter in case of active rental incomes and the 31st December regarding national income and Wealth Tax. 

The client must arrange payment by means of a direct debit to his/her Spanish bank account. The client must ensure that sufficient funds are available in the designated bank account to cover the charges and will be responsible for all consequences derived from non-payment thereof. Should the debit be rejected for any reason or the Client prefers any other method of payment such a bank transfer, LEGALBONO will apply an additional charge of 20% on the agreed fees. The client shall also pay the bank commissions of any kind further to the payment of the invoice. 

In the event of a default on the invoice within the agreed timeframe and without an acceptable argument or justification, LEGALBONO may exercise its right to charge the interest accrued on overdue payments set for this case as well as the expenses that may accrue due to debt collection. These expenses are to be understood as the time spent by part of LEGALBONO´s staff in further requests for payment further to the 15 days. 

 

VIII. TERMINATION OF THE RENDERING OF SERVICES: 

The CLIENT may terminate the rendering of professional services by LEGALBONO without the having to state any reason for this. Notice from you to cancel the contract must be given in writing and before the 1st of December of the previous tax period. For example, the client can communicate Legalbono the termination of services for 2020 on the 30th of October but could not terminate the contract for 2021 on the 1st December 2020 without paying the stipulated fee. 

LEGALBONO may terminate the rendering of professional services for the reasons it deems necessary which shall strictly comply with professional rules and Code of Ethics. 

The CLIENT must, in every case and with no exception, settle all the fees and expenses related to the rendering of services until the termination of said services. In the event that the CLIENT does not settle the aforementioned fees and expenses within the stipulated timeframe, LEGALBONO may interrupt the rendering of services, cease the services rendered and exercise a lien on the documentation until the complete payment of the invoices due. 

LEGALBONO shall not have the obligation to update information, opinions, advice, or recommendations to the CLIENT regarding any event that takes place after the finalization of the rendering of services. 

Unless agreed otherwise, the finalization of the rendering of services shall entail the termination of the CLIENT´s access to LEGALBONO´s extranet website as well as the use of computer programs and connectivity licenses to which the CLIENT has had access to in virtue of the rendering of services.

IX. MODIFICATIONS IN THESERVICES:

LEGALBONO shall reserve its right to modify or update the present terms of business should this be deemed appropriate. 

In the case of fixed periodic services, the applicable terms of business shall be those which are published on LEGALBONO´s website (https://www.legalbono.com/documentos/general-terms-of-business-for-non-resident-tax-and-wealth-tax/) upon contracting our services. 

When contracting non-periodic services, the applicable terms of business shall be those that are stated in the engagement letter. Nevertheless, further modifications of the terms previously mentioned shall apply after these have been communicated to the CLIENT and without receiving any objection to these in writing within the timeframe of 21 calendar days after the said communication.

X. LEGALBONO´SLIABILITY:

LEGALBONO shall be liable for the services rendered by its professionals. Consequently, LEGALBONO will be liable for all the damages and prejudicial consequences that may be caused to the CLIENT and that are attributable to LEGALBONO or its employees in the event of fraud, misconduct, or gross negligence. 

LEGALBONO and/or its professionals will not be, in any case, liable for the damages of any kind incurred due to falsehood, concealment, fraud or bad faith on behalf of the CLIENT, or when noncompliance with its obligations derives from reasons beyond the company or the company´s control. 

In relation to the damages and prejudicial consequences attributable to LEGALBONO and or its professionals, these will be liable for the direct and foreseen or foreseeable damages and prejudicial consequences –in this sense, loss of profits, expectation damages, reputational damages- are expressly considered as indirect and or non-foreseeable damages- upon signature of the engagement letter, and that have been proved, with the following limitations: 

  • Twice the amount of the estimated fees for the total of the current year in relation to periodic rendering of services 
  • Twice the sum of the fees set forth in the engagement letter regarding a specific rendering of services. 

LEGALBONO´s liability towards the CLIENT is subject to the CLIENT´s express written complaint, describing both the origin and the amount to be claimed, within a maximum timeframe of two years as of the termination of the rendering of services. However, the general statute of limitations set forth in the Spanish Civil Code shall be of application in case fraud or gross misconduct. 

The limitation on liability shall also apply in the event that the right of the CLIENT to claim has been assigned to a third party or parties that may present a complaint against LEGALBONO. 

LEGALBONO shall in no case and for any amount be held liable for the application of a Law or judicial order.

XI. CLIENTRESPONSIBILITIES:

The Client must have a digital certificate for the correct rendering of the services. 

The Client must authorize bank direct debits for the payment of taxes and fees within the deadlines advised by LEGALBONO and ensure that there is a sufficient balance. The refusal of the payments will generate financial cost in all cases and may additionally cause surcharges, penalties, and delay interests. 

Regarding Tax Form 210: 

The Client must inform LEGALBONO before end of each quarter (March, June, September, December) if the property has been rented out. If the information is provided after that period or is inaccurate or incomplete, LEGALBONO will be discharged of any liabilities regarding any possible surcharges or penalties that may arise. 

The CLIENT shall only be responsible for the transaction of his affairs as well as for the decisions and consequences of the latter in relation to the application of advice, recommendations and services offered by LEGALBONO. 

When more than one recipient of the services is included in the engagement letter, all the recipients shall be jointly and severally liable for the payment of the amounts owed and LEGALBONO may claim these from them until the complete payment of the fees and expenses owed. 

The CLIENT shall not, implicitly or explicitly, accept nor offer employment to any of LEGALBONO´s professionals involved in the rendering of services while the contract is in force and up to a period of twenty-four months as of the termination of the aforementioned contract without LEGALBONO´s express written consent. The same limitation shall be applicable to LEGALBONO with regards the CLIENT´s employees. 

XII. PARTIAL NULLITY OF THE CONTRACT: 

If any of the stipulations or provisions laid down in the present general terms of business are declared abusive or void by a Judge or competent authority, this shall not entail the total nullity of the contract. The remaining stipulations and provisions shall continue to be effective and applicable to the rendering of services. 

XIII. DIGITAL CERTIFICATE, CONFIDENTIAL INFORMATION AND COMMUNICATION: 

The CLIENT must be in possession of a digital certificate in order to obtain all the relevant information from Tax Office to correctly calculate his/her tax liabilities and submit the taxes on his/her behalf. It is agreed that without this certificate the services hereby agreed may not be provided and LEGALBONO will be discharged of any liabilities. 

The CLIENT shall always and in every case supply all the relevant documentation for his defense or advice. This documentation shall be handed to LEGALBONO by the means that the CLIENT considers most appropriate, being the CLIENT responsible for its correct and valid remission; LEGALBONO is expressly excluded of any complaint in this respect. LEGALBONO shall not be in any case held liable for the truthfulness, completeness or correctness of the information supplied by the CLIENT. The CLIENT is responsible of informing LEGALBONO of any information or change that occurs and that may affect the rendering of the present service. 

Both the documentation and the correspondence regarding the CLIENT or the case may be sent via non-encrypted email except for the documentation that is deemed as strictly confidential, the sending of which shall be done through the guaranteed means and procedures that LEGALBONO foresees for these cases. 

LEGALBONO and its professionals will treat your information as confidentiality and secrecy over all provided by the CLIENT, except for the information that is known to the public or requested by Spanish administrative or judicial authorities. The obligation not to disclose confidential information shall be applicable to the CLIENT only, excluding those persons or off-counsels who may participate in the case. This obligation shall not preclude the disclosure of confidential information in those cases in which its disclosure to partners or LEGALBONO´s professionals is deemed necessary for the correct rendering of services o when the CLIENT grants authorization. 

The information ceded to LEGALBONO by the CLIENT and vice versa shall be treated confidentially and will be used for the purposes described in the offer of services only. The parties hereby undertake not to disclose confidential information without prior express written consent from the other party. 

Non-disclosure obligation shall continue until the termination of the rendering of services and for the two years following said termination, except for the information disclosed in writing by the CLIENT or in the event that this information ceases to be confidential before the date in which the contract expires. 

XIV. CONSERVATION OF DOCUMENTATION: 

The CLIENT hereby authorizes LEGALBONO to conserve a copy of any information and documentation provided by the CLIENT for the rendering of services. LEGALBONO does not undertake to conserve copy of the file ten years after the finalization of the rendering of services, reserving its right to destroy the file without prior consent by the CLIENT once this term has expired (in compliance with Organic Law 7/2012 which modifies Organic Law 10/1995, passed on the 23rd November, Criminal Code with regards transparency and fight against fiscal and Social Security fraud). When the CLIENT requires the conservation of the documents within the file, he shall expressly state this extent and shall cover the costs in relation to the conservation, access and sending the documentation in the files. 

The parties to the present contract hereby accept LEGALBONO´s right to exercise a lien over any documentation from the CLIENT that is deemed necessary to prove its services, opinions, advice or reports, providing that this lien is justified or necessary as per the applicable legislation. 

Once we complete the procedure of the agreed service, as per the CLIENT´s prior instructions regarding the conditions to return all the original documentation, LEGALBONO shall send the aforementioned documentation to the CLIENT.

XV. MONEY LAUNDERINGLEGISLATION:

In compliance with the money laundering and terrorism financing provisions currently in force, LEGALBONO is subject to the obligation of verifying the CLIENT´s identity as well as his operations and activities. The CLIENT hereby undertakes to provide the information which is deemed necessary for his case and authorizes LEGALBONO to undergo all the pertinent steps to verify the information which is deemed necessary. 

LEGALBONO is also subject to the obligation of informing the European Executive Service for the Prevention of Money Laundering of any fact or operation, including attempts, with regards to evidence of Money Laundering and Terrorism Financing. LEGALBONO shall not, in any case, be liable for the damages and prejudicial consequences that the CLIENT may suffer because of complying with the obligations laid down in any Law or Regulation in this respect. 

XVI. INTELLECTUAL PROPERTY: 

Intellectual Property rights on the documents produced by LEGALBONO´s employees and collaborators shall be, in every case, LEGALBONO´s property. 

In the same sense, LEGALBONO´s name and logo are distinctive signs which are LEGALBONO´s exclusive property and are protected by the Spanish national Law. For that reason, the CLIENT will not use LEGALBONO´s name or logo during the commercial relationship without prior express written consent. 

The CLIENT may use the documents produced by LEGALBONO providing that the fees have been paid and for the purposes detailed in these General Terms only, with the prohibition of disclosing these to a third party, except for the cases in which there is an original and express written authorization from LEGALBONO. 

For the correct rendering of services, LEGALBONO and its professionals shall have the right to use and share all the knowledge and general applicable experience gained through the rendering of services between them. 

XVII. PROTECTION OF PERSONAL DATA: 

The commercial name LEGALBONO: Identifies the commercial entity LEGALBONO 2013 S.L.; LEXAFI CONSULTORES, S.L; CONVEGESTION MH25, S.L; and WORLD LEGAL ADVISERS 2015 SLU. 

By accepting this Data Protection Policy, the CLIENT (hereinafter the “CLIENT”) is informed and gives his / her free, informed, specific and unambiguous consent regarding the personal data provided through the website located in the URL https://www.legalbono.com/en/, (hereinafter, the “Web Portal”) or questionnaire that facilitates his/her personal data called KNOW YOUR CUSTOMER (hereinafter, “KYC”) to be treated by LEGALBONO. 

Basic information 

Manager: Legalbono 2013, S.L. 

Purpose: The management of requests of various kinds from the CLIENT 

Legitimation: Execution of a contract, consent of the interested party and legitimate interest of the company 

Recipients: All the companies included in the commercial name LEGALBONO 2013, S.L. Administrations and public bodies for the fulfilment of obligations directly required by LEGALBONO. In addition to essential collaborators for the execution of the work projects entrusted to LEGALBONO. 

Rights: Of access, rectification, deletion (“Right to be forgotten”), limitation of treatment, portability of data, opposition and not being subject to individualized decisions. 

Additional information: You can consult the Additional and Detailed Information on Data Protection in the following section. 

Additional information 

We inform you that under the Organic Law 15/1999 of personal data Protection, Development Regulation of the LOPD 1720/2007, and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 concerning the protection of natural persons about the processing of personal data and the free circulation of these data, for which: 

You have the right to exercise rights of access, rectification, deletion (“Right to be forgotten”), limitation of treatment, portability of data, opposition and not to be subject to individual decisions by requesting it in written format and proving your identification. To do so, you can contact the entity responsible for LEGALBONO file located at Av. Ricardo Soriano 21, 29601 Marbella, Málaga, or to the following e-mail address dpo@legalbono.com or by pre-stamped mail to the address mentioned prior. 

The CLIENT guarantees that the information provided is true, accurate, complete, and up-to-date, and is responsible for any damage or loss direct or indirect, that may be caused as a result of breach of such obligation. If the data provided belonged to a third party, then the CLIENT guarantees that he/she has informed the mentioned third party of the aspects contained in this document and has obtained his/her authorization to provide his data to LEGALBONO for the purposes indicated. 

Responsible for the processing of your personal data. 

Identity: LEGALBONO 2013, S.L. is a Spanish company registered in the Mercantile Registry of Malaga, volume 3,739, book 2,650, section 8, page 107, sheet number MA-75423, entry 1, with C.I.F No. B-92,602,234 
Mailing address: Avenida Ricardo Soriano, 21, 1 floor, 29601, Marbella (Málaga) 
Phone: +34 952 77 88 99 
Email: dpo@legalbono.com 

Purpose of the processing of your personal data. 

LEGALBONO treats the information provided by the CLIENT to meet various kinds of requests carried out by companies under its commercial name. Depending on the nature of the request, the purpose will pursue the management of: 

Manage the data provided by the CLIENT, as well as allowing access to the services offered by LEGALBONO relating to legal, accounting and tax advice, manage appointments, carry out the execution of the contracted services and maintain the contractual relationship. The CLIENT’s data will be kept for that purpose during the entire time that the contractual relationship is in force and, even afterwards, during all the time required by the applicable legislation and until the possible responsibilities derived from the contract prescribed, for the purposes of the formulation, exercise or defence of possible claims. 

Evaluate the CLIENT’s candidature and, if applicable, include it in the selection processes that fit his/her profile in case he/she sends his Curriculum Vitae through the forms enabled for that purpose in the Web Portal. The Curriculum Vitae of the CLIENT will be kept for three years for the indicated purpose, so it is the CLIENT’s responsibility to keep it updated, since the information provided will be used to communicate future vacancies that fit the CLIENT’s profile and may be of his/her interest. 

Manage, process, and respond to requirements, requests, incidents or queries from the CLIENT, when he provides his/her data through the corresponding sections of the Web Portal, “Online Consultation” or “Press Room”, or through email addresses authorized for that purpose in the mentioned Web Portal. The CLIENT’s data will be kept for that purpose until he/she objects or revokes his consent. 

Manage the sending of commercial communications, adjusted to a profile based on their behaviour and personal preferences, based on the data obtained from their own sources and third parties, about products and / or services from LEGALBONO by electronic and / or conventional means. The CLIENT’s data will be treated according to mentioned purpose until the CLIENT’s consent is opposed or revoked. The data used, or provided, in informative and / or promotional communications are processed by LEGALBONO for purposes of electronic sending of information and communications about services, activities, publications, celebrations and social and professional events of LEGALBONO or third parties of LEGALBONO’s network of the audit, advocacy, advisory and digital sectors; the monitoring and optimization of marketing campaigns carried out using technologies to that effect; and the elaboration of profiles with commercial purposes. 

Conduct satisfaction surveys. 

LEGALBONO may elaborate a commercial profile, based on the information provided. No automated decisions will be made based on that profile. The data used, or provided, in informative and / or promotional communications are processed by LEGALBONO for the purposes of electronic sending of information and communications about services, activities, publications, celebrations and social and professional events of LEGALBONO or third parties of LEGALBONO’s network of the audit, advocacy, advisory and digital sectors; the monitoring and optimization of marketing campaigns carried out using technologies to that effect; and the elaboration of profiles with commercial purposes. The consent for sending such communications may be revoked at any time in each of the communications received through the mechanism enabled for this purpose. The criterion of data conservation will be based on the manifestation contrary to the treatment on the CLIENT’s part. In any case, rights may be exercised access, rectification, deletion (“Right to be forgotten”), limitation of treatment, portability of data, opposition and not being subject to individual decisions by email to dpo@legalbono.es. 

Data retention time. 

In general, the personal data provided will be kept for the time necessary to meet the request of the CLIENT or if the CLIENT does not request the deletion. 

In the specific case of data provided to carry out the provision of legal, accounting and tax services contracted to LEGALBONO, they will be kept during the duration of the relationship and during the 4 subsequent years, provided that the CLIENT has not previously requested their suppression. In the specific case of curriculum, the data will be kept for a maximum period of 2 years, unless otherwise indicated by the interested party. 

Legitimation. 

The legal basis for the treatment of the data is the legitimation by execution of a contract and consent of the CLIENT. 

The processing of data of the interested party by LEGALBONO to carry out the provision of the contracted services is based on the execution of the contract, so the provision of the data for this purpose is mandatory and would prevent its compliance otherwise. However, the treatment of your special protected data, the processing of data relating to criminal offenses, is based on the consent of the interested party, which will be collected when appropriate. In case the interested party withdraws his/her consent, LEGALBONO will not be able to provide the services object of contracting. 
On the other hand, the processing of your data for the sending of commercial communications based on the preparation of a commercial profile is based on the consent, which is granted by marking the corresponding box. 
The treatment for conducting satisfaction surveys is based on the legitimate interest of the company. 

On the other hand, the legitimacy of the processing to respond to requirements, requests, incidents or queries from the CLIENT for the treatment of Curriculum Vitae is based on the consent that is requested and that can be withdrawn at any time. 

The consents obtained for the aforementioned purposes are independent, so the CLIENT may revoke only one of them, not affecting the others. 

Recipients 

The data collected by LEGALBONO 2013, S.L. will be communicated to the following companies with the following purposes: 

  • Business 

LEXAFI CONSULTORES, SL, constituted by means of a deed authorized in Marbella by the Notary Mr. Juan Alegre González, on March 17, 2005, under the number 1279 of the order of its protocol and registered in the Mercantile Register of Málaga in volume 3793, folio 29, sheet MA-76888, 1st inscription, and provided with CIF B-92628429; 

CONVEGESTION MH25, SL, constituted by writing authorized in Marbella by the Notary Mr. Manuel García de Fuentes and Churruca, under number 5234 of the order of its protocol and registered in the Mercantile Register of Malaga, in volume 5454, folio 17, sheet MA- 130922, inscription 1ª and provided with CIF B-93440014; 

WORLD LEGAL ADVISERS 2015 SLU, constituted by writing authorized in Marbella by the Notary Mr. Juan Miguel Motos Guirao, under number 155 of the order of its protocol and registered in the Mercantile Register of Malaga, in volume 4460, folio 142, sheet MA-95766, 1st registration and provided with CIF B-92907120. 

LEGAL BONO 2013, SOCIEDAD LIMITADA, constituted by deed authorized in Marbella by the Notary Mr. José Luis Figuerola Santos, under the number 41 of the order of its protocol, registered in the Mercantile Register of Malaga in Volume 4593, Folio 75, Book 3501 and N.I.F. B-92971670 

  • Purposes 

Manage the data provided by the CLIENT, as well as allow him/her access to the services offered by LEGALBONO regarding legal, accounting and tax advice services, manage appointments, carry out the execution of the contracted services and maintain the contractual relationship. Providing preventive and current advice making the Client aware of specific legal, tax, accountant and other situations related to professional services provided by LEGALBONO. The CLIENT’s data will be kept for that purpose during the entire time that the contractual relationship is in force and, even afterwards, during all the time required by the applicable legislation and until the possible responsibilities derived from the contract are prescribed, for the purposes of the formulation, exercise or defense of possible claims. 

  • Evaluate the User’s candidature and, if applicable, incorporate him/her into the selection processes that fit his/her profile, if he/she submits his Curriculum Vitae through the forms provided for that purpose in the Web Portal. The Curriculum Vitae of the User will be kept for three years for the indicated purpose, so it is the User responsibility to keep it updated, since the data provided will be used to communicate future vacancies that fit the User profile and may be of interest. 
  • Manage, process, and respond to requests, incidents or queries from the CLIENT, when he/she provides his/her data through the corresponding sections of the Web Portal, “Online Consultation” or “Press Room”, or through email addresses authorized for that purpose in said Web Portal. The CLIENT’s data will be kept for that purpose until he objects or revokes his consent. 
  • Manage the sending of commercial communications, adjusted to a profile on their behaviour and personal preferences prepared from data obtained from own sources and third parties, about products and / or services of LEGALBONO by electronic and / or conventional means, when the CLIENT authorizes it by checking the corresponding box, through the online contact form enabled in the Web Portal or through the KYC document. In that case, the CLIENT’s data will be treated according to the mentioned purpose until the CLIENT consent is opposed or revoked. 

The data used, or provided, in informative and / or promotional communications are processed by LEGALBONO for purposes consistent with the electronic sending of information and communications about services, activities, publications, celebrations and social and professional events of LEGALBONO or third parties of the LEGALBONO network of the audit, advocacy, advisory and digital sectors; the monitoring and optimization of marketing campaigns carried out using technologies to that effect; and the elaboration of profiles with commercial purposes. 

  • Conduct satisfaction surveys. 

In addition, regarding the categories of recipients that cannot be previously predetermined, it is reported that they may be communicated to the following: 

  • The Public Administrations in the cases foreseen by the Law. 
  • Banks and financial entities for the collection of LEGALBONO services. 
  • The Courts and Tribunals to manage your claims. 
  • Notaries, Attorneys and Registries, if necessary, to carry out the provision of contracted services. 
  • The counterpart in the exercise of the right of defense. 
  • As well as third party service providers necessary for the execution of the works entrusted to LEGALBONO. 

Likewise, LEGALBONO informs the CLIENT that in order to send commercial communications, their data can be transferred to MAILCHIMP, the service provider, whose servers are located in USA. MAILCHIMP guarantees an adequate level of protection, since it is attached to Privacy Shield. You can find more information at www.privacyshield.gov . 

Rights of the CLIENT 

Since May 25, 2018, the new General Data Protection Regulation adds to the traditional ARCO rights (Access, Rectification, Cancellation and Opposition) included in the current Spanish legislation, new elements that improve the decision-making and control capacity of the citizens about their own personal data. 

The exercise of these rights will be free for the CLIENT except when they are formulated in a manifestly unfounded or excessive manner and, in any case, if there is a cost, this will never imply an entry for LEGALBONO who would only limit the true cost of the processing of the application. 

Rights: 

  • Revoke the consents granted 
  • Obtain confirmation as to whether LEGALBONO is processing personal data concerning the CLIENT or not. 
  • Access your personal data. 
  • Rectify inaccurate or incomplete data. 
  • Request the deletion of your data when, among other reasons, the data is no longer necessary for the purposes that were collected. 
  • Obtain from LEGALBONO the limitation of the data processing when any of the conditions stipulated in the data protection regulations are met. 
  • Request the portability of your data. 
  • Claim before the Spanish Agency for Data Protection (AEPD), through the web www.aepd.es or by writing to the General Subdirect orate of Data Inspection of the AEPD, Jorge Juan Street, 6-28001-Madrid, when the CLIENT considers that LEGALBONO has violated the rights that are recognized by the applicable regulations on data protection. 

  

The CLIENT may raise the issues considered in relation to this Policy as well as exercise their rights under the terms provided by law to direct a communication by mail to: LEGALBONO, Avenida Ricardo Soriano, 21, 1st floor, 29601, Marbella (Málaga), or email to: dpo@legalbono.com with indication of the corresponding application and accompanied by a copy of the ID or identity document. 

If the CLIENT does not obtain satisfaction in the exercise of his/her rights, you can submit a claim to the Spanish Agency for Data Protection through its electronic headquarters, in submission of a claim for protection of rights. 

XVIII. USE OF THE CLIENT´S NAME: 

Unless otherwise stated in the present general terms and conditions or in the engagement letter, LEGALBONO shall be able to make use of the CLIENT´s name and the services rendered as an indication of our experience for commercial and internal purposes. 

XIX. NON-EXCLUSIVITY AND CONFLICT OF INTEREST: 

LEGALBONO represents many national and international CLIENTS with interests in a wide range of fields. In spite of our internal procedures to avoid conflict of interests, LEGALBONO may freely represent, in Court or elsewhere, a company different from that of the CLIENT´s in relation to any matter that is not related to the content of the engagement letter and that may entail the defense of interests opposed to those of the CLIENT. The aforementioned must be accepted in the event that the rendering of the aforementioned service entails a conflict regarding the General Statute of Advocacy, the Code of Conduct for Lawyers in the European Union and the Code of Conduct as well as LEGALBONO´s own internal ethic policies. Should the CLIENT become aware of any circumstance that may, in his opinion, entail a potential conflict of interest, LEGALBONO must be informed immediately. 

To avoid possible conflicts, LEGALBONO hereby clarifies that the CLIENT shall be the signatory of the engagement letter and not his subsidiaries, staff or family, in the case of individuals.

XX. INTERVENTION OF OTHERPROFESSIONALS:

LEGALBONO provides full professional services. Its Lawyers and legal advisers cover every area of expertise within the Spanish jurisdiction. 

When the CLIENT is to contract an external service, and unless agreed otherwise, LEGALBONO´s participation shall comply with the following: 

  • Coordination and contact with external professionals. 
  • The commercial relationship within the service shall be construed as existing between the CLIENT and LEGALBONO. 
  • LEGALBONO´s fees shall in any case be independent from the relationship between the CLIENT and the external professional. 
  • LEGALBONO will not be, in any case, held liable for the quality and advice provided by external professionals. 

XXI. SUBCONTRACTING: 

Unless expressly refused by the CLIENT, LEGALBONO reserves its right to contract the assistance and services of other companies when this is deemed necessary for the correct rendering of services. In these cases, LEGALBONO shall be responsible towards the CLIENT for the correct development of the services. 

XXII. JURISDICTION AND APPLICABLE LAW: 

LEGALBONO and the CLIENT are subject to the Spanish jurisdiction only, without prejudice to the application of regional legislation. 

Should conflicts between LEGALBONO and the CLIENT arise, the claims that may be filed by any of the parties shall be exclusively filed before the Courts and Tribunals of the City of Marbella.