- Privacy and data protection policy
By means of this notice, Funespaña S.A. with registered address in Doctor Esquerdo 138, 5º. C.P. 28007, Madrid con CIF nº A04128732 and entered onto the Company Register, informs the users of the web portal funespana.es about its personal data protection policy (hereinafter, “Personal Data”) so that the Users can freely and voluntarily determine whether they want to provide any Personal Data that may be requested from them or that can be obtained from the Users after subscribing or joining any of the services offered by Funespaña S.A. on the Portal or via the Portal. Funespaña S.A. reserves the right to modify this policy to adapt it to legislative or jurisprudential advances as well as industry practices.
In accordance with what is set forth in the General Data Protection Regulation, applicable from 25th May 2018, which is of direct application in the entire European Union, regarding the protection of individuals concerning the processing of personal data and its free circulation, Funespaña S.A. informs that the Data Controller of the personal data is the one able to provide the interested party with the data voluntarily and at any time, which will be processed with the aim of handling the submission of requested information, providing offers on products and services of their interest and improving their user experience; where necessary, a commercial profile may be created based on the information provided as well as to update our database for companies and professionals. Automated decisions will not be taken based on this profile.
The personal data provided will be retained for the duration of the commercial relationship and whilst the interested party does not request its deletion, with Funespaña S.A. requesting the consent of the interested party to process their data and potentially offer products and services.
The personal data will not be assigned to third parties, except as appropriate to other group companies for internal administrative purposes and the submission of sales communications that may be of the user’s interest.
The interested parties have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request it is deleted when the data is no longer necessary for the purposes it was gathered. In certain circumstances, the interested parties may also oppose to their data being processed.
They will also have the right to withdraw consent and make a claim before the supervisory authorities.
In order to exercise their rights, the interested party must get in contact in writing with Funespaña S.A. Customer Services at the registered address stated above, or via email to info@funespana.es, attaching a photocopy of their ID card or any other equivalent document that proves their identity.
In accordance with article 9 of the LSSI, it is hereby stated that the domain funespana.es is registered on the Company Register and entered onto the Company Register.
- Web browsing Cookies
Cookies are small text files that are installed on the User’s computer browser to record their activity, sending an anonymous identification that is stored inside it with the aim of making browsing easier, allowing access to Users that have registered before and access to areas, services, promotions or competitions that are exclusively reserved for them without having to register on every visit, for instance. They can also be used to measure audience, traffic parameters and browsing, session times, and/or to check progress and the number of entries.
Funespaña S.A. will seek to always establish suitable mechanisms to obtain consent from the User to install the required cookies. Nevertheless, it must be considered that, in accordance with the law, it will be understood that the User has given their consent if they modify the browser’s configuration by deactivating the restrictions that stop the entry of cookies and that this consent will not be necessary to install the cookies strictly required to provide a service that has been expressly requested by the User (by prior registration).
Below is a list of the main cookies being used by Funespaña S.A.:
| Name | Origin | Function of the cookie |
| -utma | Google Analytics | They enable the function of checking individual visits. The first time that a user goes onto Funespaña S.A. website. This cookie will be installed on a browser. When this user goes back to our page using the same browser, the cookie will believe it is the same user. They will only be considered as a different user if they change browsers. |
|
-utmb -utmc |
Google Analytics | They enable the function of calculating the session time. The first (utmb) records the time of entry onto the page and the second (utmc) checks if the session needs to be kept open or whether a new session must be created. The utmb cookie expires a few minutes after the last viewed page record whilst the UTMC is a session variable, and it is eliminated automatically on changing websites or closing the browser. |
| -utmz | Google Analytics | They enable the function of recording where the user came from. The data recorded will be whether the user arrives at our website by direct traffic, from another website, from an advertising campaign or from a search engine (stating the key word used and the source), among others. |
| PHPSESSID | Funespaña S.A. ‘s own | They enable the function of controlling the language, and in this way, detecting the visitor’s country of origin and referring them to the correct language. |
| Funespaña S.A. | Funespaña S.A.’s own | It can create session persistence to show the information message about the cookies. |
Without prejudice to the above, the User may configure their browser to be warned about receiving cookies and to stop them from being installed on their computer.
- Web usage and acceptance conditions
These conditions govern the use of the Funespaña S.A. website for the internet user and express full acceptance without reserve of it and each and every condition and restriction that may be published on the website at the moment of access. Access to the website and/or the usage of any of the services included therein will imply the acceptance of all the usage conditions. Funespaña S.A. reserves the right to unilaterally modify the website and the services offered therein, including the modification of the usage conditions. For this reason, the user is advised to read this legal notice each time they access the website.
- Web usage conditions
The user must use the website in accordance with the authorised uses. It is expressly forbidden to use the website or any of its services for illicit purposes or effects, or those that go against good faith, the public order or what is stipulated in the usage conditions. It is equally forbidden to make any harmful use of the rights or interests or third parties or those that may hinder usage of the website and/or its services for other users in any way. The usage of the website is free for the user.
- Intellectual and industrial property rights
All the content on the website (brand, trade names, images, icons, design and the general presentation of the different sections) are subjected to Funespaña S.A. industrial or intellectual property or third party rights. Under no circumstances does access to the website imply that Funespaña S.A. or the owner of those rights: (1) is granting any authorisation or licence over that content, (2) is renouncing, transmitting or relinquishing any of their rights over that content, either partially or in full (their printing, distribution and public communication rights, amongst others). They are unable to make use of the website and/or its content that differs from the uses expressly authorised by Funespaña S.A.. No user of this website may resell, republish, print, download, copy, retransmit or present any element of this website or its content without prior written consent of Funespaña S.A., unless the law allows in a reasonable way to copy or print the content for personal and non-commercial use, whilst keeping the Copyright and the identification data of the rights of Funespaña and/or the owner of the rights of that content unchanged. This website and its content are protected by the international and Spanish Industrial and Intellectual Property protection laws, whether they be individual works and/or compilations. The user may not delete or modify the information regarding those rights displayed on the website in any way. All rights are reserved in favour of Funespaña or their owner.
- Exclusion of guarantees and responsibility
Exclusion of guarantees and responsibility for the functionality of the website
Funespaña S.A. does not guarantee nor assume any responsibility for the functionality of the website and/or its services. In the event of interruptions to its functionality, Funespaña S.A. will aim, where possible, to inform the user. Nor does it guarantee the usefulness of the website and/or its services for any particular activity, its infallibility nor that the user may use the website or the services offered at all times. Funespaña S.A. is authorised to make as many technical modifications as deemed necessary to improve the quality, performance and efficacy of the system and its connection. Unless a time limit is expressly stated, the provision of the service initially is indefinite. However, Funespaña S.A. is authorised to terminate any of the services or access to the website at any time. Whenever this is possible, Funespaña S.A. will aim to inform the user of this in advance.
Exclusion of guarantees responsibility for the content
All the different types of content on the website that is available to the public in general provide access to supplied or provided information, products and services provided by Funespaña S.A.. This content is provided in good faith by Funespaña S.A. with previous information that is sometimes from different sources. Therefore, the reliability, veracity, completeness and timeliness of the content cannot be guaranteed by Funespaña S.A. and therefore, Funespaña S.A. is excluded from any type of responsibility that could arise due to damage causes, whether it be directly or indirectly, by the information accessed via the website. Funespaña S.A. does not guarantee the suitability of the content displayed on the website for the specific purposes of the user accessing it. As a result, both the access to this website and the use that could be made of the information and content displayed on it is used under the exclusive responsibility of the user, and Funespaña S.A. will not respond to any potential damages arising from the use of the information and content accessible on the website in any way and to any extent. Likewise, nor will it be in any way responsible for products or services provided or offered by other people or entities, or for content, information, communications, opinions or expressions of any nature engendered or voiced by third parties and to those that may access via the website.
Exclusion of guarantees and responsibility for links to other pages
The website may allow the user access by way of links to other websites. Funespaña S.A. does not respond nor adopt the content of the linked websites, nor does it guarantee the legality, exactness, veracity and reliability of the information they may include. The existence of a link does not imply the existence of any type of relationship between Funespaña S.A. and the owner of the linked site. Funespaña S.A. will have no responsibility for infringements or damages that are caused to the user or to third parties by the content of the websites that are connected by a link. Jurisdiction and applicable legislation. The usage conditions and the services offered on the website are governed by Spanish Law. Funespaña S.A. has no control over who may access the website and where they may be located. Despite being aware of it, this does not mean that Funespaña S.A. is subjected to the jurisdictions of foreign countries; in the event of conflict or complaints in relation to the website or any of the services provided on it, the parties agree to be expressly subjected to the Courts of Madrid (Spain).
