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Legal Terms

Fundación Banco Santander

Legal Notice

Welcome to the Official Fundación Banco Santander Website.
Fundación Banco Santander (henceforth, “The Foundation”), entity responsible for the contents and management of this website (henceforth, “the website”), is registered in the Registry of Foundations of the Spanish Ministry of Justice under register Nº 321, and is located in Madrid, postal address calle Serrano, Nº 92, CP 28006, with the following email address: privacidadfundacionbs@gruposantander.com
Access and/or use of the website is completely voluntary and grants whoever does so the condition of User (henceforth, “Users” or in singular “User”). All Users, whether or not they are registered as such, accept, from the moment they access the website, without any type of reservations, the content of the present Legal Notice, as well as, in its case, the “Particular Conditions” which may complement, substitute or modify the same in any way, regarding the services and contents offered on the website. Therefore, the User must read both closely before accessing and using any service of this website, under his/her full responsibility.

 

1.- Purpose and Modification of Conditions

The Foundation has developed the website with the aim of developing cultural patronage activities via several basic lines of business, among which we can highlight making art more accessible to the public; collaborating in this necessary outreach between both the humanistic and scientific worlds, with multidisciplinary projects that act as a bridge between both fields; the recovery of art memory, literature and history, as well as considering the current situation by debating and reflecting on the transformations that our society is undergoing, and a very special endeavour in the field of the environment and recovery of the Natural Patrimony with programs that help to promote public awareness of the need for a more just, equitable and sustainable society.
Via the website, Users can register and participate in the different programs offered, in which case they must to fulfil the established requirements.
The Foundation offers Users the possibility of browsing, and accessing website contents and services, provided they do so in accordance with the dispositions of the present Legal Notice.
In any case, the Foundation reserves the right, at any time and without the need for prior notice, to modify or delete the content, structure, design, services and conditions of access and/or use of this site, whenever the Foundation considers this appropriate, as well as performing any appropriate amendments to the present Legal Notice, in which case, Users will be accordingly notified in advance. These modifications will be valid once they are published in the corresponding website.
 

2.- General Principles – User Responsibility

The User is obliged to use the services and contents provided by the website according to the current legislation, based on the principles of good faith and the generally accepted uses of the same, and to not contravene public order with their actions on this website nor the dispositions of the present Legal Notice. In this sense, the Users agree to legitimately, diligently, honestly and correctly use any information or content that they may access via the website.
Therefore, any use with unlawful purposes or which are harmful or which hinder, damage and/or overburden, in any way, the normal use and functioning of the website, or which directly or indirectly harm the website or third-parties is prohibited.
In particular, but without limitation, Users may not:
i.          Register or communicate data that is not true, exact, complete and/or up-to-date, nor access the website using the name, identifiable data or password of another User or impersonate another person or their identity.
ii.         Use the website with fraudulent purposes, or in relation to criminal offences or unlawful activities of any type.
iii.        Introduce or spread computer viruses, which may produce non-authorized modifications of the website content or systems.
iv.        Create a profile or use the website for sending, using or reusing material of any type that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening, or which entails a violation of authors rights, registered trademarks or confidentiality, privacy, or any other right, or which is in any way offensive or reprehensible by third parties.
v.         Send or distribute in any way content which may violate existing legislation or which infringes the rights of any party.
The Foundation reserves the right to deny any intent to access the website and/or cancel accounts in the cases where there has been an incorrect use of the website or when any of the stipulations established in the present Legal Notice are infringed or when those applicable to private individuals are violated.
Additionally, as established in the clause on “Intellectual and Industrial Property Rights”, the reproduction, distribution, transmission, adaptation or modification by any means and in any way, of the contents of the website (texts, designs, graphics, information, databases, sound and/or image files, logos,…) and remaining elements of this website is forbidden, unless prior authorisation has been obtained from the legitimate owners or when this is allowed by law.
Any commercial or advertising use of the abovementioned content that differs from that which is strictly permitted is also prohibited, as is the breach, in general and if applicable, of any right derived from the website contents.
The User is solely responsible for the use of this website and the compliance with this Legal Notice in its entirety. As a result, the User is obliged to maintain secrecy regarding the access codes, passwords or similar data assigned to access the website or any of its services, understanding the confidential and reserved nature of this information, and is held responsible for any damages and losses of any type arising from the misuse performed by the same or by third parties, both against the User him/herself, considering this damage to be a consequence of the User’s negligence, as well as those that the Foundation may suffer as a consequence of violations of this Legal Notice.
Any violation of this Legal Notice may lead to the corresponding out-of-court or civil court procedures or criminal procedures against the User, who should hold the Foundation harmless against any claims, lawsuits, or damage claims that the User may suffer as a consequence of such an infringement.

 

3.- Disclaimer of Warranty and Liability - Fundación Banco Santander
 

The Foundation has obtained the information and materials included in the website from sources considered to be trustworthy. However, although reasonable measures have been taken to ensure that the information contained is correct, the Foundation does not guarantee that the same is exact, complete, or up-to-date, and, consequently, Users must not rely on this information as if it were. The Foundation expressly declines any responsibility due to errors or omissions concerning the information contained on the pages of this website.
The Foundation does not assume any responsibility for the activities or behaviours of its Users. Nothing on this website should be considered as a sponsorship or guarantee in relation to a User or third-parties, whether in relation to its websites, products, and services, or in any other way.
Under no circumstances, will the Foundation, its trustees, directors, employees and authorized staff be held responsible for any type of damage, loss, claims or expenses of any type, whether or not they derive from the use of the website, of the information acquired or accessed via the same, or as a result of computer viruses, operational failures or interruptions affecting the website service or transmission, or due to internet connection; the User assumes that these events may occur with the use of the website, both via direct connection as well as via links or any other means.
It is prohibited to transmit or send any illegal or illicit content, computer viruses, or messages via the website which, in general, affect or violate the Foundation’s rights.
 
The Foundation is not liable for third-party websites that can be accessed through links or for any content made available to the User by third parties. Any use of a link or access to an external website is undertaken at the will and exclusive risk of the User. Consequently, the Foundation is not liable for any loss, claim or damage arising from the use or misuse of a link, or from the information obtained through it, including other links or websites, or for interruptions in the service or access, or the attempts to use or misuse a link, both when accessing the Foundation website, as well as while accessing information concerning other websites from the Foundation website.
 

4.- Links
 

The website includes links to sites belonging and/or managed by third parties with the aim of facilitating access to information and available services via the internet.
The Foundation does not assume any liability derived from the existence of links between the content of this site and contents located elsewhere or any mention of contents external to this website.
 
These links and references are exclusively for informative purposes and they do not in any way imply support, approval, commercialisation or a relationship between the Foundation and the people or bodies concerned and/or those responsible for the management of such content or the owners of the sites concerned.
In this sense, the User must undertake to exercise utmost diligence and caution when accessing or using the contents or services of the websites accessed via the aforementioned links.
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5.- Industrial and Intellectual Property Rights
 

All rights concerning the access, design and source code of the website and, especially including, but not limited to, all rights regarding photographs, images, texts, logotypes, designs, images, databases, logos, structure, trademarks and all other elements, brand names, and data included in the website and any rights of the website are protected by the international laws and treaties on industrial and intellectual property rights.
For this reason, and in compliance with the Intellectual Property Law as well as the Trademarks Law and the complementary legislation regarding intellectual and industrial property, the reproduction, transmission, adaptation, translation, modification, distribution, communication to the public, or public communication, including any means of making available all or part of the contents of this website is strictly forbidden, however this is performed, and via any available means, i.e. electronic, mechanical or others, unless prior and express authorisation is given by the Foundation in writing. Any infringement of these rights could result in the corresponding legal, extrajudicial or criminal proceedings.
The Foundation does not grant any form of licence or authorisation for the use of any of its rights to intellectual or industrial property, or upon any other property or right related to the website, its services or contents, and under no circumstances shall access to and navigation of the website by the User imply that the Foundation has totally or partially renounced, transferred or granted these rights.
Use of these contents without prior authorisation on behalf of the Foundation will be considered a serious infringement of the intellectual or industrial rights and will lead to the legally established responsibilities.
The legitimacy of the corresponding intellectual or industrial rights of the contents provided by third-parties is the exclusive responsibility of the same. In order to preserve the possible intellectual and industrial property rights, in the event that any User or a third party considers that a violation of his or her legitimate rights has occurred due to the inclusion of certain content on the website, this must be notified in writing to FUNDACIÓN BANCO SANTANDER, calle Serrano, Nº 92, 28006, Madrid, indicating the following:
•          Personal identifying information of the holder of the allegedly infringed rights. If the claim is presented by a third party, the contacting person must state in what capacity he/she is acting.
•          Indication of the protected contents of the intellectual property rights and their location on the website.
•          Proof of the existence, ownership and validity of such intellectual property rights.
•          A specific declaration in which the party concerned is held responsible for the truthfulness of the data and information provided in the notification.

6.- Data Protection

The Foundation fully complies with the legislation regarding personal data protection, and in particular, with the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC  (henceforth, “GDPR”), and thus, the treatment of the personal information provided by the User upon signing up via the different programs offered via the website will be performed in compliance with the current guarantees and legal obligations.
The Users may read about the Data Protection Policy applicable to each program offered by the Foundation, prior to completing the registration for the same. The Foundation shall make the corresponding Data Protection Policy available to Users, thereby complying to the duty of informing Users, so that Users will be informed of all information regarding the treatment of their personal data, as mandated by the GDPR.
In compliance with the legislation in force, the Users are informed that the Foundation has implemented the necessary technical and organizational measures to guarantee an appropriate level of security, as well as for avoiding the loss, misuse, alteration, non-authorised access and theft of the data provided by the User. Likewise, the Foundation guarantees that it complies with the duties of confidentiality and secrecy concerning the personal data facilitated by the User via the website.
In the event of any questions or concerns regarding the treatment of your personal data you may contact the Foundation’s Data Protection Delegate by email at: privacidadfundacionbs@gruposantander.com
 

7.- Loss of User Status

The registered User may terminate their account freely at any time, in which case they lose their User status, together with the rights and data associated with their account from their personal area.
The Foundation may also terminate a registered User’s account if a User violates any of the stipulations of the present Legal Notice. On doing so, the relationship established between both parties becomes finalised and any rights and data associated to the User’s account on the website become lost.
The loss of the “User” status does not exclude the application of the present Legal Notice, which is still applicable in the event of concerns or claims that may arise between the Foundation and the User, after the User has lost their status as such.

8.- Applicable Law and Jurisdiction

This legal notice will be governed by Spanish law.
For whatever matters may arise or actions derived from the provision of services and the contents of the Foundation website, and concerning the interpretation, application, compliance or non-compliance of the provisions herein, the Foundation and the User, expressly waiving any other jurisdiction that may otherwise apply, shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid.
 
© Copyright 2004 - Fundación Banco Santander. All rights reserved.
© of authorized reproductions. VEGAP. Madrid. 2004
© Sucesión Pablo Picasso. VEGAP. Madrid. 2004
© Antonio Saura. Sucesión Antonio Saura. VEGAP. Spain. 2004
© Fundació Antoni Tàpies. VEGAP. Madrid. 2004
 
Photos:
© Angel Baltanas
© Oronoz
© Gonzalo de la Serna
© Carlos Moises García
© Chesco