Legal Advice

Legal Advice

Terms and conditions of use of the Portal www.gbif.es

The Spanish Node of the Global Biodiversity Information Facility (hereinafter GBIF.ES) informs you that the access and use of the website www.gbif.es and all the subdomains and directories included within it (from now on, jointly referred to as the Portal) depend on the terms detailed in this Legal Notice, without prejudice to the fact that access to some of the mentioned services or contents might require the acceptance of Additional General Conditions.

GBIF.ES reserves the right to make changes in the Portal without prior notice, with the purposes of updating, correcting, modifying, adding or deleting contents or the design. Because the information update is not immediate, we suggest you to always check the validity and accuracy of the information, services and contents presented. Likewise, the terms and conditions collected in this Legal Notice might vary, hence we invite you to review these terms when you visit the Portal.

GBIF.ES is not responsible for any damages resulting from the use of the tools and information contained in www.gbif.es in connection with making decisions about the initiation, development, or outcome of administrative procedures. Such decisions must be verified with the competent centres, organisms or agencies. In any case, the information and contents of this Website may not be quoted in trial proceedings with the Public Administration, the latter assuming no liability for any discrepancies that might arise between the printed version of the documents of the competent Administration and the electronic ones.

Intellectual and industrial property rights

Both the design of the Portal and its source code, as well as the logos, brands and other distinctive signs appearing therein, belong to GBIF.ES or to collaborating entities, and are protected under the corresponding intellectual and industrial property rights.

The information available in this Website, unless explicitly provided otherwise, is susceptible to reuse. It is authorised the total or partial reproduction as well as its modification, distribution and communication for commercial and non-commercial purposes, under the following conditions:

  • The denaturation of the information content is prohibited under any circumstances.
  • Users are obliged to cite the source of the documents subject to reuse.
  • Users are obliged to mention the date of the last update of the documents subject to reuse.

GBIF.ES declares its respect for the intellectual and industrial property rights of third parties; therefore, if you consider that this site may be violating your rights, please contact us.

Links or hyperlinks

Users who intend to establish a hyperlink between their website and that of GBIF.ES must be aware of the following:

  • The set-up of a hyperlink does not imply, in any case, the existence of any relationship between GBIF.ES and the owner of the website that sets up the link, nor the acceptance or approval by GBIF.ES of its contents or services. Therefore, there will be no statement nor will it be implied that GBIF.ES has expressly authorised the hyperlink, nor that it has in any way supervised or assumed the contents and services offered or made available on such website.
  • GBIF.ES assumes no liability whatsoever, nor does it guarantee the quality, accuracy, reliability, correctness or moral nature of the contents or services that may be offered by the setting up of the hyperlink. The user assumes under their exclusive responsibility the consequences, damages or actions that may result from accessing the hyperlinked website.
  • The website on which the hyperlink is set up may not contain any brand, name, logo, slogan or other distinctive signs belonging to GBIF.ES, except those signs that are part of the hyperlink itself.
  • The website on which the hyperlink is set up will not contain information with illegal content, contrary to morality and generally accepted good customs and public order, nor will it have contents that contravene the rights of third parties.
Frames

GBIF.ES expressly prohibits the creation of “framings” or the use by third parties of any other mechanisms which alter the design, original configuration or contents of its Portal.

Privacy policy

The purpose of the automated collection and processing of personal data collected through this website is to manage the service requested by the user as well as to monitor queries raised. The legal basis of the processing is the consent of the affected person and its need for the development of the public functions and missions of GBIF.ES, which is responsible for the processing. It is not possible to predict the deletion periods, which will depend on the case and service requested.

In accordance with the Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital rights (LOPDGDD), the General Data Protection Regulation (GDPR) and the related legislation, GBIF.ES commits to comply with the obligation of secrecy with regard to personal data and the duty to treat them confidentially after carrying out the corresponding risk analyses, especially, in accordance with the First Additional Provision of the LOPDGDD, the security measures corresponding to those provided for in the National Security Scheme, necessary to prevent its alteration, loss, processing or unauthorised access.

Users may exercise their rights of access, rectification, cancellation, opposition, limitation or portability at any time by writing to the GBIF Spain Coordination Unit at C/ Joaquín Costa, 22, 28022 Madrid (Spain), providing a photocopy of their official identity card. It is also possible to contact GBIF.ES through this email: info@gbif.es.

GBIF.ES reserves the right to modify this Privacy Policy in order to adapt it to the latest legislation, jurisprudence or interpretations made by the Spanish Data Protection Agency.  In this case, GBIF.ES will announce such changes, clearly indicating in advance the modifications made and requesting, if considered necessary, their acceptance.

Applicable law and jurisdiction

Spanish law will be the law applicable in the event of any dispute or conflict in the interpretation of the terms comprising this Legal Notice, together with any issue relating to the services of this Portal. 

In order to resolve any conflict that may arise through visiting the Portal or through the use of the services offered therein, GBIF.ES and the User agree to submit themselves to the Judge and Courts corresponding to the User’s home address, provided that it is located within Spanish territory.