Particular conditions and assignment rules for .es domains

This is the electronic agreement you sign with us when you complete the registration of a domain with a .es extension.

There is no need to sign an agreement offline, as this electronic agreement is established with the purchase itself. You’ll see a link to download a pdf copy of the agreement if you need it.

The client (hereinafter, “the Applicant”), meaning a natural person of legal age or a legally constituted legal entity, once duly registered by means of the forms provided for this purpose on Webempresa’s website, declares that:

• They authorize the REGISTRAR, Webempresa Europa, S.L. (hereinafter, “the REGISTRAR”), to act on their behalf with Red.es (hereinafter, interchangeably, “the Registry” or “the Assignment Authority”), and to carry out all the actions necessary for assignment and renewal of the .es domain name (hereinafter, “the Domain Name”), including receipt of the corresponding communications.

• They authorize the REGISTRAR to take as many actions as necessary to make payments on their behalf corresponding to the assignment and renewal of the Domain Names, which they request be made for successive years.

• The REGISTRAR has adequately informed them and they are aware of, and accept in full, the current rules and procedures, terms and conditions, rates, and method of payment and technical requirements for registration of domain names under “.es” with the mediation of an accredited REGISTRAR. In particular, the Applicant declares that they are aware of the rules, procedures, terms and conditions for Registration of a Domain Name under “.es”, the content of which is available at: http://www.dominios.es/dominios/es/todo-lo-que-necesitas-saber/normativa

• They are aware that failure to comply with these rules, in cases in which it is expressly established, will result in the loss of the domain name and its possible reassignment from that moment on for registration in favor of a legitimate applicant. They accept all the obligations set out here.

• The data provided in this application are true, excepting good faith error or omission.

• They undertake to keep the information provided in this application up to date at all times, communicating any changes to the REGISTRAR, which will inform Red.es whenever there are changes in any data that must be submitted to the Registry. Failure to comply with this obligation may result in the Domain Name being withdrawn (e.g., due to the impossibility of communicating with the people listed as responsible for the domain name, failing to communicate changes of their contact details or changes of managers in the established manner).

• They accept that Red.es, in the processing the various actions related to the assignment and renewal of the Domain Name, will act taking into account the data communicated by the Applicant in the manner indicated in the previous section.

• They are aware and accept that any falsehood in the data contained in this application may be cause for rejection of same or, if the Domain Name has already been assigned, may be cause for cancellation of the Name and that, in this case, the Domain Name will be available for possible registration by another legitimate applicant.

• They are aware and accept that, once the Registry has notified the REGISTRAR that the Domain Name can be assigned or renewed, as the requirements established for this purpose have been met, the REGISTRAR is obliged to make payment of the corresponding amounts, on behalf of the Applicant and within the established deadlines, for assignment or, where appropriate, renewal, and that in case of non-payment or insufficient payment after the established deadlines, the Domain Name will become available from that moment for registration in favor of a legitimate applicant, without Red.es assuming any liability for the consequences of the breach of the REGISTRAR’s obligations to the Applicant.

• They are aware and accept that the REGISTRAR performs a function as an intermediary in assigning domain names under “.es”, and it is solely and exclusively responsible for fulfilling the obligations stipulated in the agreement as intermediary for assigning domain names. The Applicant is considered to have been informed of this circumstance and expressly waives any action or claim against Red.es deriving from the failure to comply with the REGISTRAR’s obligations.

• They are aware and accept that, in the event of gross technical negligence, a registered domain name may be temporarily or permanently terminated.

• To the best of their knowledge, the use of the Domain Name does not violate the rights of third parties.

• They are aware and accept that the assignment and registration of the Domain Name in their favor exclusively confers the right to its use, in the terms foreseen in the applicable regulations, for the purpose of addressing in the Internet domain name system, and that any dispute on rights to use of a certain domain name will be resolved between the contending parties using the channels legally established for this purpose.

• They are aware and accept that the administrative contact person indicated in the application and who signs this document with sufficient capacity of representation for such purposes, is responsible for any problem related to the rights to use of the domain name, of which they are aware and accept.

• They declare that all the entities and people 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 April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), of the following basic information on the protection of their personal data:
  
  

 

PROCESSING NAME	.ES DOMAIN MANAGEMENT
Purpose of the processing:	Management of relationships for assignment of domain names and relationship with holders and/or authorized registrars
Controller:	Red.es: Edificio Bronce. Plaza Manuel Gómez Moreno, s/n. 28020, Madrid, Spain. Telephone: +34 902 010755, +34 912 750615 email: protecciondedatos@red.es	Data Protection Officer:	Ignacio Espejo-Saavedra Hernández. Telephone: +34 902 010 755, +34 912 750615. email: protecciondedatos@red.es
Category of data:	Names and surname(s), identifying document, address, telephone number and email.
Group:	Public	Department involved:	Domains
Legal basis:	Data subject’s consent	Period for erasure:	10 years
Security measures:	The security measures implemented correspond to those anticipated in Annex II (Security Measures) of Spanish Royal Decree 3/2010, of January 8, 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.
International transfers:	No
Exercise of rights:	They may exercise their rights of access, rectification, erasure and portability of their data, and the limitation or opposition to their processing, by filling out a form available on the Red.es website and addressed to the Data Controller (Red.es): https://sede.red.gob.es/	Type of processing:	Automated
Category of recipients:	Third parties that support management and third parties that verify appropriate, secure processing.

They declare that all the entities and people listed in this application expressly consent for the personal data provided to the REGISTRAR and those contained in this document to be processed by Red.es for the following purposes:

• Registration of the data necessary for assignment, operation, and renewal of the domain name.
• Consignment in the internal bases for management of the “.es” Registry (.es domains)
• With other Public Authorities with which Red.es signs agreements.
  

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

• They declare that all the entities and people listed in this application are aware that, in accordance with the Eighteenth Additional Provision of Spanish Law 14/2000, of December 29, on Fiscal, Administrative, and Social Order Measures, the Public Business Entity Red.es will publicize the procedures adopted for assigning and registering “.es” domain names and that this will mean that the name and surname(s), in the case of natural persons, the company name, in the case of legal entities, and the email in all cases, will be communicated through Whois, TCP protocol for querying/response with respect to said data, as well as through those tools that Red.es enables for querying said data.

• The assignment of the domain name necessarily requires the publishing of the Applicant’s personal data in the Domain Name Registry Database under “.es”, accessible to the public over the Internet. By signing this document, the Applicant consents to such communications and processing, including the publication of their personal data in the Domain Name Registry Database under “.es”.

• They are aware and accept that the rights of access, rectification, erasure and portability of their data and the limitation or opposition to their processing may be exercised with Webempresa Europa, S.L. at its address located at C/ Almagro 11 6º 7ª 1. 28010 Madrid (Madrid), Spain or directly with Red.es as controller. The rights to cancellation and opposition may only be exercised after relinquishing the requested domain name, as processing of personal data by Red.es is necessary for assignment and renewal of the domain name.

RED.ES, with address at www.red.es, will observe the provisions of Regulation (EU) 679/2016 in the processing of the personal data of the aforementioned people and entities. It will not use that data for any purpose other than that leading to the assignment and renewal of the domain name and its publicity in the terms described above. Personal data processed by Red.es will not be transferred or accessible to 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 the protection and defense of its rights. Red.es, in the exercise of its activity as a registry of the label “.es”, has the capacity to subcontract services related to the proper operation of the registry, such as developments, exploitation, attention to Registrars and End Users, Security, etc. In these circumstances, red.es’s subcontractors will be subject to the same clauses on confidentiality and processing of personal data.