XX Santander International Piano Competition. Disclaimer

Concurso Internacional de Piano de Santander Paloma O´Shea

Legal Notice

Last updated: February 2020

This Legal Notice regulates the use and browsing conditions of the Platform http://www.concursodepianodesantander.com (hereinafter, “the Platform”).

The access, browsing, and use of the Platform implies having the condition of user of such Platform (hereinafter, “the user”) and, therefore, the express and unequivocal acceptance by the user of all the terms and conditions in this Legal Notice. Therefore, we recommend you read it carefully, so that if you do not agree with it, as is the case with the privacy and cookie policies to which is it subject, it will be sufficient not to accept it through the means enabled to this effect, which will make it impossible to use the Platform, the services, and features available through it.

1. GENERAL INFORMATION

In compliance with provisions in Law 34/2002, of 11 July, on information society and electronic commerce services, the owner of the Platform is Fundación Albéniz (hereinafter, “Fundación Albéniz” or “We”), entity with tax identification number G-39067806, with registered office at Plaza de Oriente, s/n, C.P. 28013 Madrid, and registered in the Spanish Registry of Foundations, “Registro único de Fundaciones de competencia estatal”, with No. 104CUL.

You may contact us at the phone number +34 91 523 04 19 or at the general email address fundacion@albeniz.com

2. ACCEPTANCE OF THE CONDITIONS OF USE

The Access to all the features provided in this Platform implies the acceptance of each one of these conditions, as well as any other that may be established, modified, or extended due to present or future needs of the service.

Fundación Albéniz shall have the right to modify the content of these conditions at any time, as well as the services and features available through the Platform, understanding that the publication of such changes through this means is sufficient, notwithstanding the possibility of the user accepting or not such modifications. In the event of non-acceptance, this may prevent the use of the Platform and all or some of its features.

3. CONDITIONS OF ACCESS AND USE

The user undertakes to make appropriate and lawful use of the Platform, as well as the contents, products, and services available, in accordance with the legislation applicable at any given time, these conditions, the generally accepted morals and good customs, and the public order.

In general, the access and use of the Platform is free and with no charge. However, certain parts of the Platform are reserved for access by means of user and password which will be assigned to you and which you may modify at any time. You are responsible for keeping them safe, while its transfer to unauthorised third parties is strictly prohibited.

Therefore, the user is obliged to adopt the necessary security measures to keep confidential the systems or access and verification codes established in relation to the Platform, so Fundación Albéniz shall be released from any liability for negligence, carelessness, or misuse by the user or any third party in this area.

In addition, the user of the Platform also agrees to the following:

- Guarantee the authenticity, veracity, validity, and accuracy of all data communicated through the Platform, being the user the only person accountable in the opposite case.
- Use the Platform exclusively for the purposes and features established to this effect by Fundación Albéniz, being prohibited to use the Platform for any other purpose or means.
- Make legal and legitimate use of the Platform, avoiding unauthorised, fraudulent, illegal, or illegitimate use of the same or that of the contents and information available, avoiding infringing this Legal Notice and applicable regulations, and avoiding damaging the rights and legitimate interests of Fundación Albéniz or any other third party that could be affected because of such action.
- Not to cause damage to the physical or logical systems of the Platform, its suppliers or third parties, or not to attempt to break its security or authentication measures, not to carry out any action that causes disproportionate or unnecessary saturation in the infrastructure or the communications environment related to the Platform and the Service, attacking it in any way. Fundación Albéniz may adopt any preventive or corrective measures that may be necessary to protect its interests to ensure the correct functioning of the Platform, the Service and its specific features.
- Not to introduce or disseminate on the network viruses or any other physical or logical systems that may cause damage such as virus, malicious code or other harmful programmes or files.
- Not to attempt to access, use or manipulate the data of Fundación Albéniz, or under its responsibility, that of third-party suppliers and other users.
- In particular, including but not limited to, the user undertakes not to pass on, disseminate, or make available to third parties’ information, data, contents, or messages that may constitute a violation of the rights of Fundación Albéniz or that of third parties.
- Not to access without authorisation or no to interact with a false identity, impersonating or not a third party, using a profile or performing any other action that may generate confusion or mislead about the correct identification of the user in question.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The user acknowledges and accepts that all industrial and intellectual property rights over the contents or any other elements displayed on the Platform (including, but not limited to brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, presentation, audio, and video, if introduced) are exclusive property of Fundación Albéniz or that of third parties who have specifically authorised Fundación Albéniz to this end.

Under no circumstances does access or browsing through the Platform imply any kind of waiver, license, or total or partial transfer of such rights, unless the opposite is expressly established in writing.

All intellectual and industrial property rights over the contents or services of the Platform are reserved and, particularly, it is forbidden to modify, copy, reproduce, publicly communicate, transform, or distribute, by any means and in any form, all or part of the contents included therein for public or commercial purposes, without the prior express written authorisation of their corresponding owners.

The user who violates these limitations and prohibitions acknowledges assuming exclusive responsibility in this respect, holding harmless Fundación Albéniz or any other third party that may be affected because of the user’s actions.

5. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

In the event that any user or third party considers that any of the content has been introduced into the Platform violating their intellectual property rights, they are requested to immediately notify Fundación Albéniz (Plaza de Oriente, s/n, C.P. 28013, Madrid, or at fundacion@albeniz.com) of this circumstance, indicating in a precise and comprehensive way their data and the intellectual rights allegedly infringed.

6. EXCLUSION OF LIABILITY AND GUARANTEES

Fundación Albéniz does not guarantee the availability and continuity of the Platform’s functioning. Likewise, it shall in no case be liable for any damages that may arise from it:

- The interruption in the functioning of the Platform or computer failures, breakdowns, disconnections, delays, or blockings caused by deficiencies or overloads around the systems or mechanisms that allow its functioning.
- The lack of sustainability of the Platform for the specific needs of the users.
- Other damages that may be caused by third parties through unauthorised interference beyond the control of Fundación Albéniz.

We do not guarantee the absence of virus or other elements in the Platform introduced by third parties unrelated to Fundación Albéniz and that could cause alterations in the physical or logical systems of the users or in documents, records, and files stored in their systems.

Fundación Albéniz will adopt several measures to protect the Platform and its content against computer attacks from third parties. Nevertheless, it does not guarantee that unauthorised third parties cannot have access to the type of use of the Platform made by the user or the conditions, characteristics, and circumstances in which such use is made. Consequently, it shall in no case be liable for any damages that may arise from the unauthorised access.

Fundación Albéniz reserves the right to suspend without prior notice the access to users who, in its sole discretion, fail to comply with the Platform’s rules of use and to exercise the appropriate legal measures, without this generating any right to compensation in favour of the user who may be affected by this.

Fundación Albéniz shall in no case be responsible for the use of the users and/or third parties may make of the Platform, nor for the damages that may arise from the same.

Fundación Albéniz excludes any liability for damages of any kind that may be due to the use of the services and contents by the users, or that may be due to the lack of information, accuracy, or lack of veracity of the information provided by them within the framework of the Platform and the Service and, in particular, although not exclusively, for damages of any kind that may happen due to the impersonation of a third party performed by a user in any kind of communication or action carried out through the Platform.

7. LINKS

The purpose of links, that may appear on this Platform, is exclusively to inform the user of the existence of other sources of information, where he or she may broaden or complete the data offered on this website. Fundación Albéniz shall not be responsible for the results obtained through such links.

In any case, Fundación Albéniz does not take any responsibility derived from the contents linked from its Platform, nor does it guarantee the absence of viruses or other elements therein that could cause alterations in the computer system (hardware and software), in the user’s documents or files, excluding any responsibility for damages of any kind caused to the user for this reason.

In the event that any user or third party considers that the content or services provided by the linked websites are unlawful, violate constitutional values or principles, or harm the property or rights of the user or a third party, please inform immediately Fundación Albéniz (Plaza de Oriente, s/n, C.P. 28013, Madrid, or at fundacion@albeniz.com) of this circumstance.

8. APPLICABLE JURISDICTION AND VENUE

Any dispute regarding this Legal Notice will be dealt with under Spanish jurisdiction, the parties expressly agreeing to submit to the jurisdiction of the Courts of the city of Madrid, unless the applicable regulations establish the competence of other Courts to this effect.

Privacy Policy

Last updated: February 2020

We hereby provide you the privacy policy (hereinafter, “privacy policy” or “policy”) governing the web platform http://www.concursodepianodesantander.com (hereinafter, “the Platform”), under the ownership of Fundación Albéniz (hereinafter, “Fundación Albéniz” or “We”), entity with tax identification number G-39067806, registered office at Plaza de Oriente, s/n, C.P. 28013 Madrid and registered in the Spanish Registry of Foundations, “Registro único de Fundaciones de competencia estatal” with No. 104CUL.

PLEASE, TAKE A FEW MINUTES TO READ OUR PRIVACY POLICY. WE WANT TO EXPLAIN IN A SIMPLE, CLEAR, AND TRANSPARENT WAY HOW WE PROCESS AND PROTECT YOUR PERSONAL INFORMATION AND RIGHTS. YOUR SAFETY AND THAT OF YOUR PERSONAL DATA ARE OF PARAMOUNT IMPORTANCE TO US AND WE TAKE YOUR PROTECTION VERY SERIOUSLY.

1. WHO DOES THIS POLICY APPLY TO?

This policy applies to all the users of the platform (hereinafter, “the user” or “the users”) that are considered to be natural persons. By personal data, we mean any information about an identified or identifiable natural person.

This platform is aimed at users over 18 years old. Any person under the age of 18 who wishes to register or create an account must ask their legal representative to do so on their behalf.

2. WHO IS RESPONSIBLE FOR PROCESSING YOUR PERSONAL DATA?

Fundación Albéniz is responsible for processing your personal data:

Full name: FUNDACIÓN ALBÉNIZ

Address: Plaza de Oriente, s/n, 28013, Madrid

Contact telephone number: +34 91 523 04 19

Contact email address (general): fundacion@albeniz.com

For any questions regarding the protection of your personal data, you may contact out Data Protection Officer at the following email address dpd@albeniz.com

3. WHAT KIND OF DATA DO WE PROCESS?

When you browse through our platform and, specially, when you register or interact with us, you provide us data directly, for example, when you fill in any form or request laid out on the Platform in accordance with the processing purposes indicated in each case (for example, through our newsletter subscription form).

The data you provide us through such forms or requests may vary according to the type of request in question, but we will always ask you for data that is appropriate, relevant, and limited to what is necessary for the purposes of processing.

• Personal identification data (name and surname).
• Personal contact data (phone number, email address).

4. WHAT PURPOSES DO WE PROCESS YOUR DATA FOR?

The personal data you provide will be processed for the purposed stipulated in this privacy policy and, where appropriate, in the different data forms available on the Platform.

In this sense, your personal data may be processed for the following purposes:

• Enable you to browse and use our platform, allowing you to access information and contents available on it.
• Serve and manage the requests or applications for information that you send us through the different channels provided for this purpose (email address, phone number, etc.)
• If the user fills in our online registration form for the Paloma O’Shea Santander International Piano Competition, we will process the application, assess the user’s admission, and, if necessary, take the necessary steps for the development of the admission, pre-selection, and competition phase.
• If the user fills in the “Receive our newsletter” form, send him or her information about recitals and presentations that could be of the user’s interest.
• Allow uses associated to Platform cookies as described in our cookie policy.
If you have accepted the use of the different types of cookies and, specially, analytical cookies (browsing/user profile), carry out such analysis and statistics related to web browsing to improve our services and the quality of their delivery. At any time, if you so wish, you may set up the use of cookies, having the right to revoke your consent regarding the purposes associated with these cookies. You may find more information on the use of cookies in our cookie policy.
• • Adopt all relevant protection measures, in accordance with current legislation, to better protect your personal data, including the possible anonymisation or pseudonymisation of your personal data by applying the appropriate techniques to this effect.

5. WHAT DO WE RELY ON TO LEGITIMATELY PROCESS YOUR DATA?

Processing purposes

Legitimate basis for processing

To enable you to browse throughout platform, allowing you to access information and contents available.

Your consent and, as the case may be, the fulfilment of own or third parties’ legitimate interest, associated with the proper management, maintenance, development, and evolution of the platform, tools, network, and associated information systems, allowing its proper functioning, features, access to contents and services, as well as general security of all the above.

To serve and manage the requests or applications for information that you send us.

The consent you give us when sending such requests or applications.

To process the application for registration, assess the user’s admission and, where appropriate, take the necessary steps for the development of the admission, pre-selection, and competition phase.

Your consent and, as the case may be, the execution of pre-contractual measures at the user’s request.

To send you our newsletter.

The consent you give us when filling in and sending us the form provided for this purpose.

If you have accepted the use of cookies, to carry out the relevant analysis derived from your web browsing for analytical and/or statistical and advertising purposes.

Your consent.

To adopt any protection measures that may be applicable in accordance with the regulations in force, including the possible pseudonymisation and anonymisation of your personal data by applying the appropriate techniques available for this purpose.

Compliance with a legal obligation (2016/679 REGULATION (EU) of the European Parliament and that of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and the free movement of such data, which repeals the Directive 95/46/EC (hereinafter referred to as “General Data Protection Regulation” or the “GDPR”) https://www.boe.es/doue/2016/119/L00001-00088.pdf. In the case of processing operations intended to ensure the security of the platform, the network and the associated information system, where appropriate, this may be justified as the satisfaction of our legitimate interest or, as the case may be, that of a third party.

When the legitimate basis of the processing of your personal data is your consent, we remind you that you have the right to revoke this consent at any time, in a simple and free manner, sending us an email at dpd@albeniz.com, without this affecting the lawfulness of this processing based on the consent prior to its withdrawal.

6. HOW LONG DO WE KEEP YOUR DATA FOR?

Personal data associated with the informed purposes of processing

Period of time or criteria for keeping the personal data

Data associated with the user’s browsing through our platform.

- In general, your data collected for this purpose will be kept for the time that is essential and necessary to enable you to browse and use our platform and the contents available and to which you access.
- Regarding the data associated with you browsing profile, in relation to the analytical type cookies that you have accepted as stated in our cookie policy, you should pay attention to the section regarding their temporality.

To manage the requests or applications you send us.

The necessary time to correctly attend your applications or specific requests according to each case.

As long as they are necessary to carry out the admission process and, where appropriate, the competition.

To send you our newsletter.

As long as you do not unsubscribe from the service.

To adopt all relevant protection measures in accordance with current legislation.

As long as the user’s personal data is processed, according to the conservation periods described.

In any case, and notwithstanding the foregoing, the user is also informed of the following:

• Regarding the period of time cookies are kept, users are advised to consult our cookie policy.
• In general, when the personal data are no longer necessary for the purposes for which they were collected, they will be blocked, remaining available only to the competent authorities for the possible attention of the legal liabilities arising during the processing thereof, always in accordance with the applicable regulations, and may not be used for purposes other than these. Once the corresponding legal deadlines have elapsed in the event of blocking, such personal data shall be deleted in accordance with the applicable regulations, and may also, if applicable, be securely anonymised (anonymised/non-personal data).
In this regard, for the purposes of addressing possible liabilities in terms of data protection, and in accordance with section 72 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, Fundación Albéniz may keep personal information for three years in a secure manner (limitation period for very serious infringements in this area).

7. WHAT ARE THE CONSEQUENCES OF NOT PROVIDING US YOUR DATA?

We try to ask you for the minimum data necessary to proceed with the processing of personal data that we carry out in the development of our object and purposes. All of this in accordance with the principles included in the applicable regulations.

However, failing to provide your personal data may make it impossible to: 1) Browse our web platform correctly (non-acceptance of technical or session cookies); 2) access certain content or services (for example, if you do not provide your data to receive our newsletter, you will not be able to receive it or the information and content associated with it); 3) process your specific request (for example, due to the lack or insufficient completion of the corresponding form).

In any event, the information and personal data you provide us, on a case-by-case basis, must anyway be:

• Sufficient, but narrow, limited and proportionate to the legitimate purposes of processing reported in each case, with the utmost respect for the principles of purpose limitation and minimisation of personal data.
• Accurate, up-to-date, and truthful, to be able to adequately verify the identity, capacity, and where appropriate, representation, as well as to be able to adjust in each case the data processing carried out to your specific needs and your current situation. All this in accordance with the principle of the accuracy of personal data.

Users will be fully responsible for the personal data and information they provide to Fundación Albéniz.

8. DO WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES?

Personal data will not be transferred or communicated to third parties, except in the cases necessary for the development, control, and fulfilment of the purpose/s aforementioned, in the cases set forth by Law, as well as in specific cases of which the user is expressly informed.

Likewise, it is possible that certain third parties may access your personal information within the framework of a service they may provide to Fundación Albéniz, always complying with the requirements established by the existing legislation.

9. ARE YOUR PERSONAL DATA TRANSFERRED INTERNATIONALLY?

We inform you that, in general, international transfers of your personal data are not foreseen, the necessary measures and guarantees being adopted by Fundación Albéniz in this field, in accordance with the current regulations on personal data protection.

10. WHAT RIGHTS DO YOU HAVE, WHAT DO THEY MEAN AND HOW CAN YOU EXERCISE THEM?

Your rights

What does it consist of?

How to exercise it?

Right to information

The right to be provided by Fundación Albéniz with the appropriate information, both at the time when your personal data have been collected, as well as at any time thereafter, regarding the processing that we carry out on your personal data.

Fundación Albéniz endeavours to provide with all the necessary information in relation to the processing of your personal data in application of sections 12 to 14 of the GDPR. However, should you have any doubts about our privacy and cookie policy, please do not hesitate to contact out Data Protection Officer at dpd@albeniz.com and we will reply your request for further information.

Right to access

The right to obtain from Fundación Albéniz confirmation as to whether or not their personal data are being processed, and the right to information regarding the processing of their data, as well as to obtain a copy of the personal data being processed (section 15 of the GDPR).

By sending a written communication at dpd@albeniz.com with the reference “Exercise of Rights”, accompanied, if necessary, by a copy of your ID number or equivalent identification document (passport, etc.).

Right to rectification

The right to obtain without undue delay from Fundación Albéniz the rectification of your personal data under the terms of section 16 of GDPR.

Right to deletion

The right to obtain without undue delay from Fundación Albéniz the deletion of your personal data under the terms of section 17 of GDPR.

Right to restriction of processing

The right to obtain from Fundación Albéniz the limitation of the processing of your data when:

- You contest the accuracy of your personal data, for a period of time that allows Fundación Albéniz to verify its accuracy.
- The processing is unlawful and you object to their deletion (and request their limitation instead).
- We do not need the personal data, but you need them for the possible formulation, exercise, or defence of claims.

Your exercise of this right will be limited to that of section 18 of GDPR.

Right to data portability

The right to receive the personal data that you provided to us in a structured, commonly used and machine-readable form, or to transmit it to another data officer where technically feasible, under the terms of section 20 of GDPR.

Right to objection

The right to object at any time to the processing of your personal data, as of section 21 of GDPR.

Right not to be subject to a decision based solely on automated processing (including profiling)

The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects you in a similar way, under the terms of section 22 of GDPR.

Right to revoke the consent given

You have the right to withdraw your consent at any time.
The withdrawal of consent will not affect the lawfulness of the processing carried out by Fundación Albéniz based on your consent prior to its withdrawal.

Through the systems provided by Fundación Albéniz, according to each case, such revocation may be articulated (for example, requesting cancellation of the newsletter service through the link provided for this purpose). In any event, you may also send a written communication at dpd@albeniz.com, accompanied, if necessary, by a copy of your ID number or equivalent document (passport, etc.).

Right to file a claim with the competent supervisory authority

It implies the possibility of appealing to the supervisory authority, in this case, to the Spanish Data Protection Agency (www.agpd.es), in the event that you feel your rights have been infringed or you consider that the processing does not comply with the regulations in force.

We recommend that before filing any complaint or claim before the Spanish Data Protection Agency (AEPD), you contact our Data Protection Officer (dpd@albeniz.com), in order to analyse the specific situation and try to find an effective and amicable solution.

11. ARE THERE ANY SECURITY MEASURES IN PLACE FOR THE PROTECTION OF YOUR PERSONAL DATA?

Considering the nature, scope, context, and specific purposes of the processing, as well as the risks of varying likelihood and severity to your rights and freedoms, Fundación Albéniz implements appropriate technical and organisational measures to ensure the adequate safety and protection of your personal data in accordance with privacy by design and by default criteria.

12. LINK TO THIRD PARTY WEB PLATFORMS

This platform owned by Fundación Albéniz may contain links to third party websites, whose privacy policies are alien to Fundación Albéniz.

Therefore, when accessing such websites, we recommend that you review their privacy and cookie policies. Fundación Albéniz shall not be held responsible, under any circumstances, for the processing of your data by third parties.

13. VALIDITY AND CHANGES OF THE PRIVACY POLICY

This policy is effective as of 25 February 2020.

Fundación Albéniz reserves the right to modify this policy in order to adapt it to new legislative, doctrinal or jurisprudential developments that may be applicable, or for technical, operational, and strategic reasons, informing you reasonably and in advance of any changes that may occur, whenever possible. In any case, it is recommended that, each time you access this platform, you read this policy in detail as any modification will be published through the same platform.

14. DO YOU NEED TO CONTACT US?

Should you have any questions or suggestions regarding this policy, please do not hesitate to contact us at the following email address: dpd@albeniz.com

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