Terms and Conditions Clauses

Terms and Conditions Clauses

 

The applicant for a domain name (hereinafter, "the Applicant") states that:

 

1. He knows and accepts the prevailing regulations and procedures, terms and conditions, fees, payment methods and technical requirements established for the registration of domain names under the ".es" country code, the contents of which are available at http://www.dominios.es.

 

2. He is aware that any breach of these regulations, in cases where expressly stipulated, will lead to the loss of the domain name and its possible immediate reassignment and registration in favour of another legally entitled applicant.

 

3. The details provided in the present application are true, barring errors and omissions made in good faith.

 

4. He commits to keeping the information provided in this application always up to date and to notifying Red.es of any changes that take place. Failure to comply with this obligation may give rise to the domain name being cancelled, in keeping with the procedure laid down for such purposes (for example, it being impossible to contact the people listed as responsible for the domain name because they have not reported changes in their contact details or in those responsible for the domain).


5. He accepts that when carrying out the different procedures involved in assigning and managing the domain name, Red.es will act based on the data provided by the Applicant as indicated in the previous section.


6. He is aware and accepts that any falsehood in the details provided in this application may be cause for cancellation of the domain name, in keeping with the procedure established for these purposes and that, in this case, said domain will become available for subsequent registration by another legally entitled applicant.


7. He is aware and accepts that once the Registry notifies him that the domain may be assigned or renewed because it fulfils the requirements established for this purpose, the Applicant is obliged to pay the corresponding fee for domain name assignment or renewal, where applicable, by the set deadline.


8. He is aware and accepts that if the event of non-payment or insufficient payment by the stipulated deadline, the domain name will become available from that time for registration in favour of a legally entitled applicant.


9. He is aware and accepts that in the event of a breach of the rules and technical conditions set out by the Assignment Authority for the proper functioning of the ".es" domain names system, a domain name may be deregistered, either temporarily or permanently.


10. To the best of his knowledge, the use of the domain name does not violate the rights of third parties.


11. He is aware and accepts that the assignment of the ".es" domain name entails submission to the out-of-court dispute resolution procedure on the use of domain names in relation to industrial property rights protected in Spain, such as trade names, registered trademarks, designations of origin, company names; or in relation to the official or generally recognised names of Spanish public entities, in compliance with the procedure set forth in the regulations for out-of-court dispute resolution procedure regarding the use of ".es", domain names, published on the website www.dominios.es.


12. He is aware and accepts that the outcomes of the out-of-court dispute resolution procedure will be binding on the parties and on the Assignment Authority.


13. He is aware and accepts that assignment and registration of a domain name confers the exclusive right to use it for addressing purposes within the Internet domain names system, under the terms set forth in the applicable legislation.


14. He states that the administrative contact person stated in the application has sufficient powers of representation and he accepts that he/she is the person responsible in the event of any incident related to the domain name's rights of use, and that said person is aware of and accepts this responsibility.


15. He or she declares that all entities and persons listed in this application are aware, in accordance with the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and freedom of information and circulation of these data, which repeals Directive 95/46/EC (General Data Protection Regulation), of the following basic information on the protection of their personal data:
 

Nombre of the Data Controller:

DOMINIOS.ES

Purpose:

Management of relations for the allocation of domain names and relations with owners and/or authorised registration agents.

 

Re-use of information associated with ".es" domain names in accordance with Law 37/2007, of 16 November, on the re-use of public sector information.

 

Preparation of reports, studies and additional analyses on the use of ".es" domains by Red.es or, jointly, with other Spanish or international organisations or entities involved in the management of domain names.

 

Collaboration agreements with other Spanish Public Administrations or entities, as well as with international bodies or organisations with which Red.es signs agreements within the scope of its competencies.


Carrying out studies, archiving public interest, scientific or historical research or statistical concerns related to the Register's activity .

Data Controller:

Red.es: Edificio Bronce
Plaza Manuel Gómez Moreno, s/n
28020 Madrid,

teléfono: 901100167

email: protecciondedatos@red.es

Data Controller:

Data processors have been detected in the management tasks of dominios.es, which may be consulted as an annex to this sheet

Data Protection

Delegate

Phone: 901100167

Email:

protecciondedatos@red.es

Data Category:

Names and surnames, identification document, address, telephone number and email address. Professional information

Group:

Registration Agents and applicants.


Owners of .es domains.

 

Department involved:

Domains

Legitimation:

Maintenance of contractual relations with Registration Agents and domain owners.
One’s own legitimate interest and that of third parties to know the degree of use and purposes of the .es domains

Delection

period:

10 years after the end of the contract

Security Measures:

The security measures implemented in the public business entity Red.es, M.P. correspond to those provided for in Annex II (Security measures) of Royal Decree 3/2010, of 8 January, which regulates the National Security Scheme in the field of Electronic Administration, and the security controls of the Information Security Management System based on the UNE-EN ISO/IEC 27001 Standard have also been implemented.

 

In the case of security measures of third parties with contractual relationships with the Registry, these measures shall be the same or equivalent to those indicated above.

International

Transfers:

International transfers are envisaged with those entities that have a contractual relationship with the Registry and for reasons of public interest (security of the Registry).

 

Details of such contractual relationships may be consulted in an annex to this sheet.

Exercise of rights:

You may exercise your rights of access, rectification, deletion and portability of your data, and limitation or opposition to its processing, by completing a form available at the electronic headquarters of Red.es and addressed to the Data Controller (Red.es):

https://sede.red.gob.es/

or

protecciondedatos@red.es

Type of data control:

Mixed

Category of

recipients:

Compliance with legal requirements.

 

He or she declares that all the entities and persons listed in this application expressly consent to their personal data being provided to the REGISTRAR and to those included in this document being processed by Red.es for the following purposes:
 
-Registration of the necessary data for the assignment, operation and renewal of the domain name
-Registration in internal databases for management of the ".es" Register (.es Domains)
-With other Public Authorities with which Red.es enters into agreements.

 

All this in accordance with the terms established in the Rules and Procedures for the Registration of a Domain Name under ".es".

 

He or she declares that all entities and persons listed in this application are aware that, in accordance with the Additional Provision Eighteen of Law 14/2000, of 29 December, on fiscal, administrative and social order Measures, the Public Corporate Entity Red.es will publicise the procedures for the assignment and registration of ".es" domain names that are adopted, and that this will imply that the forename and surnames, in the case of natural persons, the trade name, in the case of legal persons, and the e-mail in all cases, will be communicated through WHOIS, TCP protocol for queries/responses regarding said data, as well as through those tools that Red.es enables for queries relating to that data.

 

He or she is aware of and accepts that the rights of access, rectification, deletion and portability of data and the limitation or objection to the processing thereof may be exercised directly vis-à-vis Red.es as data controller. The rights of cancellation or objection may only be exercised once the application for the domain name has been withdrawn, since it is necessary for Red.es to process personal data for the purpose of assigning or renewing the domain name.  


RED.ES, whose website address is www.red.es, shall comply with the provisions of Regulation (EU) 679/2016 on the processing of personal data of the aforementioned persons and entities. Without using them for any purpose other than that leading to the assignment and renewal of the domain name and its advertising in the terms described above. The personal data processed by Red.es will not be transferred nor will they be accessible by any other third party, unless such transfer is required by law, by a regulatory provision or by a court ruling, or if this disclosure is necessary to ensure protection and defence of their rights. Red.es, in registering the ".es" domain name, has the authority to outsource services related to correct registration, such as developments, operation, attending to Registrars and End Users, Security etc. In these circumstances, the subcontractors of Red.es will be subject to the same clauses of confidentiality and personal data processing.