1 – Scope
- This contract regulates the relationships between La Fundación San Prudencio (hereinafter La F, C/ Adriano VI, 20 – 8º, 01008, Vitoria-Gasteiz, Phone: 945 222 900, email address: firstname.lastname@example.org) and the users accessing its website. User refers to any physical or juridical person accessing the page, using the services and contents exclusively for their private purposes and/or due to their being a client or potential client of La F.
- La F recognizes the following conditions for the user which are accepted fully and expressly by the latter by the mere action of accessing the site, in the successive versions included here, and the user should access these every time they wish to use the site or at least on a regular basis. La F may establish its own specific conditions for the use of specific content and services which will be known and accepted by the user prior to their use of these. The particular conditions may replace all or part of, complete and/or modify that set out in the General Terms and Conditions.
- Access to the site implies that the user acquires a series of rights and obligations in an aim to guarantee the appropriate use of the services and content to be found within the site.
2 – Access Requirements
Access to the site is free, with no prior authorization, subscription or registration required, except in the case of those specific services and content destined for La F clients which shall be set out in these general terms and conditions or in their special conditions. Carrying out any hiring, operations or enquiries shall be guaranteed using the request and validation of the Login and Password provided by the Client to La F. The use of the login and the password will be to full legal effect without La F being able to conduct further checks as to the identity of the Client. The operations undertaken on the site shall be valid and efficient, considering these to be undertaken and authorized by the Client, with full legal liability for both parties.
3 – Communication between hired parties and the operations undertaken
The communication between the users and La F should be by email to the email address included in the La F registries. Users should inform and update an email address for communication with La F and are required to communicate immediately any modifications to this email address, fax or telephone number in addition to the modification and cancellation of the powers of representation which differ from that provided in the contracts subscribed to with La F, with the latter exempt of any liability until the latter notification is provided.
4 – Applicable legislation and jurisdiction
The contractual relationship shall be governed by Spanish legislation. For the undertaking of any legal action, the parties taking part in this contract submit themselves to the jurisdiction of the Law Courts and Tribunals of Vitoria-Gasteiz, with express abdication of any other legal jurisdiction that might correspond to them, except that by legal imperative this corresponds to a different jurisdiction.
5 – Intellectual and industrial property
- The user knows that the content and services provided on this site are protected by Copyright and intellectual and industrial property which belong to La F and as such are the exclusive property of the latter. The use, in any way, in part or in whole, of the content of the site is subject to the requirement to request prior permission from its owner and the acceptance of the respective license if this were the case.
- Under no circumstances will the user be able to use the services or products and content distributed through the site in any other way than for exclusively personal use.
- Any violation of intellectual or industrial property rights by the user, will be subject to the demands of the respective legal and judicial liability, through any use lying outside that permitted which means infringements of rights, whether there exists any gain from this, as well as the requirement of any respective damages and loss of earnings as a result of the infringement committed.
6 – User Rights and Obligations
- Access with no charge and with no need for prior authorization or registration to the content and services provided on the site available as such, notwithstanding the technical conditions and specific details regarding the specific services and content for La F clients in accordance with that set out in the specific terms and conditions for the aforementioned services.
- Use of the services and content available for their exclusively personal use. La F clients who are users will be entitled to use the Customer Care Services established to this effect.
- Correct and proper use of this site, in compliance with current legislation, ethics, good manners and public order.
- Informing the party responsible for the site any action or content which is against the law or the basic rights and freedom of third parties or that might damage the proper functioning of the site and the site users.
- Not to access or use the services and content of the site with illicit purposes, damaging the rights and freedom of third parties, to the detriment of la F or other third parties, in particular to La F clients.
- Not to use the services, in full or in part, to promote, sell, hire, disseminate advertising or their own information or of third persons without prior permission from La F.
- Establishment of the appropriate security measures to prevent unwanted actions in their information system, in the awareness that the Internet is not 100% safe.
- The site user will be personally liable for any damage of any nature caused to La F directly or indirectly from their failure to comply with any of the obligations derived from these General Terms and Conditions or other rules regulating the use of this site. Likewise, the user will be liable directly, indirectly or with secondary liability for any damage or loss of earnings as a result of any violation of the intellectual property rights of the owners.
7 – User Prohibitions
- Introducing content or information which infringe upon basic rights and public freedom, inciting or promoting criminal, xenophobic, terrorist or degrading acts in terms of age, sex, religion or beliefs, or disseminate pornographic, obscene, violent content or services which contravene current law, ethics or good manners.
- Undertaking any action resulting in copying, reproducing, distribution, public communication or any other similar action of all or part of the content of the site without the prior written permission of La F or any third-party owner of intellectual or industrial property rights.
- Including links to the site which are not limited solely and exclusively to access to the home page, reproducing totally or partially on another site the page or the links accessible via this, creating a browser or implementing a border environment on the page and the pages accessible through this, implementing any affirmation or action which could mislead the person accessing the page through a hyperlink.
- Using the services provided through the site which infringe upon the site terms and conditions and in detriment or with damage to the rights of other La F clients.
- Undertaking any action which impedes or hinders access to the site by other users, in particular La F clients, as well as links to services contents belonging to third parties provided via the site. Using the site as an Internet access site for the commission of criminal acts or those which contravene current legislation, ethics, good manners or public order.
- Including or introducing any type of benign or malevolent computer virus or any other computer code, software or program which could cause unauthorized damage or alterations to the content, programmes or systems accessible through the services provided on the site or to site content or service users.
- Using commercial brands or brand names as well as using any identifiable sign which is subject to intellectual or industrial property rights without the express prior written authorization of the owner
8 – La F Rights and prerogatives
- To modify the terms and conditions regarding site access, either technical or otherwise, unilaterally and with no prior notice to site users.
- To establish specific terms and conditions and if necessary to establish a fee or other requirements to access specific services, in particular services for La F clients.
- To limit, exclude or restrict access by users in the event that there is no guarantee that the site is to be used correctly by users in agreement with the obligations and prohibitions assumed by the users.
- To terminate the provision of a service or content with no entitlement to compensation, when the former is considered to be illegal or contravenes the terms and conditions set out for users.
- To modify, eliminate or update all or part of the content or services provided on the site with no prior notice required.
- To pursue any legal or judicial action considered necessary to protect the rights of La F or third parties providing services or content through the site, in the event that this is deemed to be appropriate.
- To demand adequate compensation derived from the improper or illegal use of all or part of the services and content provided on the site.
9 – La F Disclaimer, exemption or non-liability:
- La F shall not be liable for any damages incurred by the Client, in any sphere, as a consequence of the site being down or issues with the functioning of the Internet or any other failure that might occur with the computer or online systems used through this Channel.
- For the availability of the site service, when this is due to causes beyond the control of the site owner, whether this is directly or indirectly connected with the latter and also claims made due to the impossibility or deficiency of using the site service under the agreed terms and conditions.
- For the availability and conditions, either technical or otherwise, to access the services and content provided by third parties through the site.
- For the information or content communicated, stored, transmitted or displayed through the services and content provided on the site by third party users or suppliers.
- For the accuracy, reliability and appropriateness of the information contained on the site not created directly by La F, found on third-party sites or off-site and their terms and conditions.
- For hyperlinks or links on the site which do not meet the hiring conditions established therein and also any content that may be inappropriate or which contravenes the code of ethics or good manners.
- For the processing and later use of personal data by third parties unconnected with La F and the possession of pertinence of the information requested by the former.
- For the quality and speed of accessing the site and the technical conditions required by the user to access the site and site services.
- For any damage caused by products or services owned by third party advertisers or made available to users by the former via the site.
We are committed to privacy protection and the appropriate of the personal data we process. This policy describes how we can process this data and your user rights regarding the personal data on this site and in the case on any of the sub-domains
Jurisdiction and legal authority
In the event of any disputes or disagreements regarding the interpretation of these terms and conditions, and any other issue concerning the services of this Site, the applicable Jurisdiction and Regulations will be those of Spain, and the competent tribunals will be those of Vitoria-Gasteiz.
Please read carefully this policy and ensure that you both understand and agree with it before accessing or using any of our services or providing your personal data and if you do not agree with the policy please do not use this site or the services therein or provide us with your personal data. By accessing this site, using any of the services or providing us with your data will be understood by us as a clear positive statement that you consent to us using your personal data for the purposes set out below.
Who is responsible for processing your data?
Fundación Laboral San Prudencio
VAT nº: G01010230
C/ Adriano VI, 20 8º
How have we gathered your data?
As you are already a client of ours, you have provided us with your personal data on our forms requesting our services, required to maintain the contractual relationship with you.
The data has been provided by you on this site, gathered for example when you access the site, when you fill in any form requesting personal data, when uploading information or content; or when you communicate directly with us.
We may process or register these uses, and the related information, either independently or using third party services, even using “cookies” (please find further information on cookies settings for different browsers here) and other tracking technology.
When you insert your personal data you guarantee that you are able to provide the information and that this information is true, accurate and up-to-date, that it is not confidential information and that it does not infringe on any contractual restriction or third party rights.
You are responsible for your data being correct and updated and La Fundación declines any liability if this is not the case.
Third party data
As far as other people’s data is concerned you should respect their privacy by being particularly careful in the event of publishing their personal data. We would like to remind you that you may only consent to the processing of your own personal data, never that belonging to third persons and that communicating third persons’ data constitutes the cession of personal data.
In the event that you provide personal data belonging to third parties, you are personally responsible for obtaining their express prior consent from the parties involved to use the data and inform them of this and you are responsible for informing them of the inclusion of their personal data in our archives.
Publishing third party data without their consent may infringe on not only data protection regulations but also on the right to honour, privacy or image of those third parties, rights which are protected under Spanish Organic Law 1/1982, of May 5, on civil protection of the right to honour, to personal and family privacy and to personal image.
What is the purpose of our data processing?
Data is processed for different purposes, for instance:
- To register the user as User/Beneficiary of La Fundación in order to contribute to their well-being and that of their family and to the social development of the local environment, channelling the activities and services that the companies, fairly, responsibly and voluntarily within the sphere of Corporate Social Responsibility aim to develop for their employees.
- To implement actions to monitor profiles, advertising and commercial prospecting through any media provided by You, by the company itself or by outsourcing the work to third parties, concerning the presentation of its own products and services or those of third parties.
- Concerning the above, you are informed that the specific sectors from which you may receive information or advertising from La Fundación will concern the services provided (financial aid, housing, congresses, social services, pension funds, employability… and those considered to be relevant at the time).
- To keep in touch with you, to manage contractual/business relationships including after-sales and guarantee services, management and billing of services and/or products requested.
- if you are only a user of our site and you are not yet a client, to manage the request any online requests you might make.
- in the event that you provide us with data from your CV or you forward us your CV, to contact you and manage any recruitment processes we might undertake.
- To offer you products and services in accordance with your interests; to enhance your user/client experience, to develop, personalize and improve on our services, in accordance with the common or personal preferences, experiences and difficulties of users/clients we will be able to elaborate a “business profile” based on the information provided but will not take any automatic decisions based on this profile.
- In both cases, in order to keep in touch and communicate with you, conduct opinion and/or satisfaction questionnaires on our activities, products and/or services (including advertising and/or commercial correspondence to the effects of Article 21 LSSICE 34/2002).
How long will we store your data for?
The personal data provided will be stored for a period of 5 years from the termination of the contractual relationship, in the case of clients and until you request the data be deleted in the case of online site users. Even in the event that the deadlines have passed we may continue to store this data, limiting any processing, only to comply with legal requirements and/or making or defending ourselves from claims.
What are the legitimate claims for data processing?
The legal basis that supports our data processing is the contract (mercantile, administrative, employment, trade, service provision, registration as User/Beneficiary) existing between the parties if you are a current or potential client or for instance the request you made through our site in the event that you are merely a user of the site.
In addition, we have a legitimate interest, deriving from the relevant and appropriate, relationship you have with us as a client, a site user, in data processing, with the site maintenance and management in order to:
- Attend the requests made through our site.
- Send you commercial information about our activities, products and services (including advertising and/or commercial to the effects of Article 21 LSSICE 34/2002) or those third-party organizations with which any company has signed a partnership agreement.
- To communicate the data to other companies in the group in order to provide an integral or specialized service which requires the intervention of cross-discipline teams and internal administrative duties.
- To conduct opinion and/or satisfaction questionnaires.
- For Fraud prevention.
These purposes are compatible with the initial aim for gathering your data(managing the contact and communication with you and maintaining the relationship which brings us together) but in any event, providing your data for these purposes is always voluntary and your own interests, rights and freedoms will always prevail above our own legitimate interests such that on your request to delete this data and stop processing your data for these purposes, we shall do so, blocking this data in the event of formulating, exercising or defending ourselves from claims).
If you have provided us with sensitive data subject to special data the legitimization to process this data is by giving us your express consent. This consent is to be provided clearly when you provide your data, considering this provision a clear positive statement confirming this consent.
To whom may the data be sent?
The data will be passed on to other companies for internal administrative purposes including the processing of personal data belonging to the client.
We would like to inform you that the data you have provided us with may be passed on to third parties for the fulfilment of purposes directly related to legitimate assignor and assignee functions such as:
- Public Authority Bodies to whom there is a legal obligation to inform regarding data (IRS, social security bodies, employment inspection bodies…), Notaries, Registries, Mutual Funds, Law Courts or Tribunals, Lawyers, Solicitors, Experts, etc. This transmission will always be in order to fulfil objectives which are directly related with legitimate assignor and assignee functions.
- Banking organizations for payments and charges management.
In any event, by accepting this data protection policy you expressly and clearly authorize the transmission of your data to the above company, in the knowledge that this means international data transfer to a country outside the European Economic Area and hereby consent clearly to this transfer.
The comments posted on our social media profiles will be published on our site as well as the photograph included in those comments.
In the event that the User provides personal data belonging to third parties who benefits from these services, they are to declare that they have express prior consent from them to pass this data on to us and are responsible for transmitting to them the inclusion of this data in our archives.
The user agrees to insert the exact, current and true data such that there are no misleading errors for those receiving the information and also to not impersonate other Users by user their registration data for the different site services and/or content.
What are your rights when you provide us with your data?
- Right to access: You may ask us which data is being processed and even request a copy of this data.
- Right to rectify: You may ask us to correct any inaccurate personal data or to complete any incomplete data, even by an additional statement.
- Right to remove (right to be forgotten): You may ask us to remove your personal data when: this is not necessary for the purposes for which it was gathered, you withdraw your consent, there has been an inappropriate processing of this data or failure to fulfil a legal requirement.
- Right to the limitation of processing: You may ask us to constrain the processing of your data, in which case we will only conserve the data for the exercise or defence of complaints.
- Right to data portability: You may ask us to return (to you or to a third party indicated by you) your personal data in a structured common format which is machine-readable.
- Right to object: You may object to the processing of your data if this processing is based on the legitimate interests of the person or entity responsible for the archive or if it is for advertising purposes.
All these rights may be communicated with a signed written request addressed to Fundación LABORAL SAN PRUDENCIO, CALLE ADRIANO VI, 20 8º 01008 VITORIA-GASTEIZ, attaching a copy of your ID document. In the event of modification of the data you should notify this at the same address, and the company shall not be held responsible if you fail to do so.
Once any of the aforementioned requests has been received, we will answer you in a maximum time period of 30 days.
You are entitled to complain to the Spanish Data Protection Agency. If you would like more information regarding the rights you may exercise and to apply for the forms to exercise these rights, please visit the Spanish Data Protection Agency site, www.agpd.es.
How did we gather your data?
The personal data we process in La Fundación comes directly from the interested party.
Data belonging to special categories required to perform our services and activities with clients may be processed and shall be stored in accordance with the GDPR regulation.