Terms

1. Identity of the domain owner

In accordance with the provisions of article 10 of the Law 34/2002, dated the 11th of July, for the Information Society and Electronic Commerce Services,

2. Privacy and processing of information

2.1. Right to information

In accordance with the provisions of article 11 of the Organic Law 3/2018, dated 5th of December, on the protection of personal information and fundamental rights containing information on:

2.1.1 Identification of the company in charge

The Fundació Lluís Espinal is responsible for the handling of all data, whose contact details appear in section 1 of this legal notice.

2.1.2 Purposes of the collection of data and legal basis

2.1.2.1 General purpose

The information you provide us with through website forms, by email and by communication with the Foundation, will be incorporated, as it is given to us, in a database which is the property of the Foundation’s data controller. We will use the information in order to provide you with the required services and to send you information on our activities by email or post. The legal basis for this handling of information will be the contractual arrangement agreed between the company and the consent given by the user, which is authorised once you accept this notice.

2.1.2.2 Handling of images

The data controller documents events of a public nature through photographs and videos, which are made with the intention of circulating information on the website or other places for the circulation of public information such as: the foundation’s website, social networks where the Fundació Lluis Espinal has created a profile, and in its own media and publications. More information can be obtained on this by consulting the website of the Fundació Lluís Espinal or by getting in touch with the DPO.
The processing of these images is made legal through the consent of those concerned or in the application of article 8 of the Organic Law 1/1982, dated May 5th, on the civil protection of  the right to honour, the right to personal and family privacy and the right to the image itself.¹

2.1.3 Categories of recipients

In order to achieve these aforementioned purposes, the following will have access to the information:
    • Personnel duly authorised by company management.

    • Personnel necessary to fulfil your services request.

    • Public administration according to their various responsibilities.

More information can be gained by contacting the DPO

2.1.4 International data transfer

We host data in Sendgrid, located in the United States, with whom an agreement has been reached according to the requirements of article 28 of the RGPD. The data transfer is protected by the US-EU Privacy Shield.
More information on this can be found at the following links:
https://sendgrid.com/policies/tos/
https://www.privacyshield.gov/participant?id=a2zt0000000TRktAAG&status=Active

2.1.5 Retention period for personal information

The data controller will keep information as long as the authorised consent given by accepting this form is not withdrawn.

2.1.6 Rights

You have the right to access, rectify, delete, object to your data being handled, limit its handling, seek information on the transferability of your data, not be subject to automated decisions and to revoke the consent you have previously given.
In order to exercise these rights, you may write to the Fundació Lluís Espinal,  Carrer de Roger de Llúria, 13, 08010 Barcelona, or, by telephone on 933.172.338,  or by sending an email to the management at data@fespinal.com with the text “PROTECCIÓN DE DATOS” in the subject heading.

2.1.7 Reclamation Rights

The organisation in charge of the correct application of rules surrounding the handling of data is the Autoridad de Protección de Datos, with an address at Calle Jorge Juan n. 6, Madrid.

2.1.8 Obligations

The user should provide information that is current and correct in all instances of data collection, the user being the sole party responsible in this obligation.
In forms collecting data, the information which it is obligatory to provide in relation to the user’s request, is highlighted. Failing to provide the necessary information could mean it will be impossible to participate in the activity or access the service requested.

2.1.9 Profiling

This is not carried out.

2.2 Consent of the user

It is understood that the user accepts the aforementioned conditions by clicking on the 'ACCEPT' button which will be found on all forms involving the collection of data, or by the sending of an email.
Personal information is kept in a general administrative database of the Fundació Lluís Espinal which, in any case, has the technical and administrative measures required to preserve the integrity and security of the data which is being handled.

2.3 Security

The general database is provided with the required security and uses all the technical means available to prevent the loss, misuse, alteration, unauthorised access and theft of the information provided. The handling of personal data complies with the terms established in the Organic Law 3/2018 on data protection and the guarantee of digital rights and the Ruling (EU) 2016/679 of the European Parliament and Council, of April 27th 2016.

2.4 Cookies and the collection of statistical data

The navigation of a user on this website leaves their IP address as a trace, provided by the user’s internet provider. This address is used for internal purposes only, as are user statistics on gaining access to the Portal.
In order to use this website, cookies may be used. The cookies which may be used are only linked to the user of a specific computer (an anonymous user), and do not provide in themselves any personal data of the user. This website uses the following tyes of cookies:

• Analytical cookies: this allows us to quantify the number of users and thus carry out the measurement and statistical analysis of the use and activity carried out by users of our website, and in this way develop navigation profiles of the users of our pages with the aim of carrying out improvements.
• Technical cookies: these allow the user to navigate through the website using the different options and services available, for example, by monitoring website traffic and the communication of information, identifying the session, giving access to restricted areas, recording the items that make up an order, carrying out the process of purchasing an order, filling out registration forms or forms to participate in an event, using security features while browsing or in the online store, circulating and / or sharing page contents.

The user has the option of setting their browser to give a screen notification about the use of cookies in order to avoid their installation on the user’s hard drive. Every browser will allow changes to be made so as to disable cookie settings. These options can be found in the "options" or "preferences" of the browser menu. Below, you can find the links for each browser to disable the cookie settings by following a set of instructions:

• Explorer: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-int...
• Firefox: http://goo.gl/F5pHX
• Chrome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
• Safari: http://support.apple.com/kb/ph5042
• Opera: http://www.opera.com/help/tutorials/security/privacy/
• We would like to inform you, however, that disabling the cookie settings may prevent or hinder the navigation or the provision of the services offered on this website.

2.5. Use of IP addresses

In order to help find resources which we believe may be of interest to you, you may find links to other websites on our pages.
This privacy policy is only applicable to this website. The data controller cannot guarantee that this policy is adhered to on other websites, and nor are they responsible for access to other websites through links on our pages.

3. RULES OF THE USE OF THE PORTAL

Whoever accesses and uses this website, will be termed a user. The user, through the fact of being identified as such, accepts all the conditions applicable.

3.1 GENERIC

It is prohibited to publish on this website, our blogs and other content sharing tools any content which violates the following principles:

1. The safeguarding of public order, criminal investigation, public security and national defence.
2. The protection of public health or persons regarded as consumers or users.
3. The respect for the dignity of the person and the principle of non discrimination for reasons of race, gender, opinion, nationality, disability or any other personal or social circumstance.
4. The protection of youth and childhood.
5. Respect for the autonomy of the person’s will.
6. Respect for the intellectual property of what has been published.
7. In general, respect for current legislation.

3.2 PARTICULARS

The user is responsible for the use of the portal. This responsibility extends to the registration which may be necessary in order to access certain services or content. The user will be responsible for providing true and lawful information in the registration process. The user undertakes to use the content and services in a responsible manner, which the data controller offers through their websites and software tools; in addition, but not limited to, the user also agrees not to make use of them for the following purposes:
    • To cause damage to the hardware and software systems of the data controller, their providers or third parties, installing or spreading a computer virus or any other hardware or software likely to cause damage.
    •  To attempt to access and, in turn, use the email account of other users and modify or manipulate their messages.

The Fundació Lluís Espinal reserves the right to remove all remarks and contributions that impinge upon respect for the dignity of others, whether they be discriminatory, xenophobic, racist, pornographic, an attack on others, in particular, against the interests of youth and childhood, public order and security or whether the Fundació Lluís Espinal deems they are not appropriate for publishing. In any case, the Fundació Lluís Espinal is not responsible for the opinions expressed by users through these forums, chats, or other participative software tools.

3.3 Use of passwords

In order to access certain content, one must enter a username and password. If you do not have one, please enquire with info@fespinal.com
We would like to inform you that passwords are personal and non-transferable. The user alone is solely responsible for any consequences which may arise from the use of their password.
For any password issues, please contact info@fespinal.com.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Fundació Lluís Espinal owns all the intellectual and industrial property rights to their web pages, as well as all their content, so that any reproduction, distribution and public communication of their content, whether partial or total, must comply with the conditions that are set out at the following link https://creativecommons.org/licenses/by-nc-sa/3.0/es/.

5. RESPONSIBILITY

The Foundation will not be responsible for any damages which may arise from telephone interference or breakdowns, disconnections in the electronic system, the presence of computer viruses, malware or any other factor which is beyond its control. Neither will it be held responsible for the content or systems of third parties linked externally from the Fundación’s web domain.

The Fundació Lluis Espinal reserves the right to use legal action against anyone found to be in breach of these conditions.

6. MODIFICATIONS OF THESE CONDITIONS AND THEIR VALIDITY

The Fundación Lluís Espinal may modify these conditions at any time, without prior warning, publishing the modifications as they appear here.

7. APPLICABLE LEGISLATION AND JURISDICTION

The relationship between the Fundación Lluis Espinal and the user will be governed by the current valid legislation in Spain, and any issue which may arise will be submitted to the Judges and courts of the city of Barcelona.

[1] Article 8

1. In general, any illegitimate interference with activities authorised and agreed with the relevant Authority in accordance with the law, or when a relevant historical, scientific or cultural interest prevails.
2. In particular, the right to the image itself will not prevent:
   1. Its capture, reproduction or publication by whatever means, in cases where people hold a public office or a profession in the public eye or domain, when the image is taken during a public event or in places open to the public.
   2. The use of cartoons of such individuals, in accordance with social use.
   3.  Image information of a public event when the image of a particular person is merely by chance.

The exceptions referred to in a) and b) will not be applicable in respect to authorities or persons who carry out roles which, by their nature, require the anonymity of the individual to be preserved.