MADRID DESTINO CULTURA TURISMO Y NEGOCIO (hereinafter MADRID DESTINO), whose Tax Identification Number (CIF) is A-84073105 and whose legal address is Madrid, Calle Conde Duque, 9-11, 2ª planta, 28015, hereby informs http://medialab-prado.es/ users about its Data Protection Policy, which will apply to the processing of personal data that the user provides upon logging in to, using and/or registering with esMADRID.com.
Medialab-Prado is a citizen laboratory for the production, research and broadcasting of cultural projects that explores the forms of experimentation and collaborative learning that have emerged from digital networks. It is part of the Department of Culture and Sports (former Department of Arts, Sports and Tourism) of the Madrid City Council.
Medialab’s Goals are:
- To enable an open platform that invites and allows users to configure, alter and modify research and production processes.
- To support an active community of users with the development of these collaborative projects.
- To offer multiple forms of participation that allow people with different profiles (artistic, scientific, technical), levels of specialization (experts and beginners) and degrees of involvement to collaborate.
The portal is for information purposes and for personal use, free of charge. Access to and use of website contents are the sole and exclusive responsibility of the user and imply the user’s knowledge and acceptance of the following terms:
ONE.- DEFINITION OF USER
Anyone who has access to and/or makes use of http://medialab-prado.es/ becomes a user thereof, and thereafter accepts without reservations the present General Conditions, notwithstanding the Specific Conditions that MADRID DESTINO may establish for registered users of the latter, or for participation and collaboration in cultural activities and projects developed in the Centre.
Where the user is a minor, he/she must receive permission from his/her parents, guardians or legal representatives beforehand. The latter shall be held responsible for all intents and purposes for any action taken on behalf of the minors under their charge.
SECOND.- USER'S LIABILITY
The user undertakes to use http://medialab-prado.es/ in accordance with legislation in force, good faith, public order and generally accepted habits and customs. Likewise, the user undertakes not to use http://medialab-prado.es/ for illegal purposes or to the detriment of the rights and/or interests of MADRID DESTINO, the City Council of Madrid and/or third parties, and not to cause damages or prevent the normal operation of the website.
For all projects and publications, the user agrees to comply with prevailing legislation is required at all times to adhere to the legislation current in their country of residence, also of the country in which the website is based, and any other geographical location where the content might have effect. The user is solely responsible for the published content and undertakes to indemnify the website owner for any loss or damage or other liabilities which may arise from actions or negligence on the part of the user. The user may not include harmful code in the website content even if software filters exist which can deactivate such code.
The user undertakes not to carry out any direct or indirect advertising on behalf of third parties. The published content should respect and be consistent with the aims and intentions of www.medialab-prado.es.
The user undertakes to keep the necessary digital backups and copies of his or her works and publications. The website owner will not be held responsible for the user’s failure to keep a security copy.
The users who access this website are authorized to see all its information and contents, as well as download or reproduce it on their computers, in compliance with intellectual property legislation and the terms of the Creative Commons licence (creativecommons.org).
The use that the user makes of http://medialab-prado.es/ shall be the sole and exclusive responsibility of the latter, and he/she shall hold MADRID DESTINO and/or the City Council of Madrid harmless for any damages and/or loss that a breach of the present General Conditions on the user’s part may cause to the user him/herself or to third parties.
Likewise, MADRID DESTINO reserves the right to deny access to and/or use ofhttp://medialab-prado.es/ or any of its content and/or services for users who have breached the present General Conditions. MADRID DESTINO shall follow up the non-fulfilment of the present conditions and any improper use of the website, exercising any civil and penal action applicable by law.
THIRD.- MADRID DESTINO'S LIABILITY
MADRID DESTINO will be liable solely for information contained on this website generated by the centre and will not be responsible for opinions contributed by users via forums or other participatory tools that may be developed. MADRID DESTINO is not obliged to accept all requests for registration from users, and may establish user registration criteria related to time limits, contents, or of any other nature it deems suitable.
MADRID DESTINO is not liable for any damages of any nature suffered by the user or third parties arising from:
- The lack of availability, maintenance or proper functioning of www.medialab-prado.es, its services or contents.
- The lack of usefulness, truth, suitability or validity of www.medialab-prado.es, its services or its contents to meet the user’s needs or expectations.
- The existence of viruses or other elements that might cause damage to computer systems, electronic documents or the user files on this website or third parties’ websites.
- A third party who, infringing the security measures established by MADRID DESTINO, uses www.medialab-prado.es, its contents or services to transmit viruses, or who gains access to carry out any unauthorized treatment of data stored by MADRID DESTINO.
- Or in general any use of www.medialab-prado.es, its services and/or contents made by a user or third party that is not incompliance with the terms of access or use of same established by MADRID DESTINO.
FORTH.- LINKS. THIRD PARTIES' LIABILITY
The links displayed on this website are to be considered solely as informative given that they are merely alphanumerical chains and should in no way be taken to constitute public communication, and are governed by Spanish law 34/2002, dated 11th July, on Information Society Services. Such links are displayed on the website with the intention of complying with the nature of the Internet, in order to integrate the website into the same, for reasons of search engine positioning and for information purposes.
Links have been enabled by MADRID DESTINO for user convenience only. Said contents and services are not controlled or managed by MADRID DESTINO. Including these contents and services does not imply the association, merger or participation of MADRID DESTINO in any of the connected entities.
MADRID DESTINO has no control over and does not approve of or appropriate the contents, services, products or any type of information issued by third parties -legal entities or individuals- that appears on the Portal.
Any contractual or extra-contractual relationship which, in its case, may be endorsed with third parties contacted via http://medialab-prado.es, is carried out exclusively between the User and the third party. Consequently, MADRID DESTINO assumes no direct or indirect liability or responsibility whatsoever with respect to the legitimacy, veracity, use, quality or reliability of contents and services not directly managed or controlled by MADRID DESTINO, even when these can be accessed via http://medialab-prado.es/.
MADRID DESTINO shall be liable solely for content supplied by third parties on links displayed on http://medialab-prado.es/ insofar as it is effectively aware of the illegality of said content and has failed to deactivate the link with due diligence. In the event that the user considers one of the links displayed on http://medialab-prado.es/ to contain illegal or inappropriate content, said user should notify us at the email address firstname.lastname@example.org, although under no circumstances shall this notification impose any obligation to remove the link in question.
FIFTH. MODIFICATIONS OR CESSATION OF PROVISION OF WEBSITE SERVICES
In addition, MADRID DESTINO reserves the right to interrupt, temporarily suspend, or cancelwww.medialab-prado.es or any of its contents and/or web services at its entire discretion without prior notice, given that use of the website is free and understood to be of promotional value to the users.
Should the situation arise whereby provision of service is to cease, all reasonable efforts will be made to give notice thereof in order that the users may save copies of their publications. This does not in any way annul the users’ responsibility for keeping their own security copies at all times.
SIXTH. INTELLECTUAL PROPERTY
The content that MADRID DESTINO makes available to the user is protected under the necessary intellectual property rights that the owners have legally granted for the relevant purposes.
Said contents, unless otherwise specified, are licensed under Creative Commons By-SA. This licence can be consulted at this link: http://creativecommons.org/licenses/by-sa/3.0/es/. However, the authors may license their contents under any licence scheme, preferably a free licence scheme, to guarantee wider dissemination. The licence applicable to the content should be clearly indicated on the corresponding publication or work.
Infringement of intellectual property rights by the user will be subject to the application of the relevant legal liability for any use, except as permissible, that constitutes a violation of those rights.
The authors of proposals which are accepted by MADRID DESTINO for their collaborative development at Medialab-Prado authorise MADRID DESTINO to disseminate their texts, photographs or videos (the works), sent in any physical or digital format, with the maximum territorial scope and the maximum period of time permitted by law, and to allow them to be transformed in order that they may be broadcast or distributed in the best possible manner. Once the works have been selected and while the activity is in progress, the author shall be obligated to allow any other participants in the activity that is the subject of the open call to use their work as the basis for producing other derivative works.
Activities developed at Medialab Prado may be recorded in video with audio format and broadcast via http://medialab-prado.es/ or any other tools or channels which may be deemed appropriate.
As explained at the beginning of activities and workshops and written on informative posters distributed throughout the Centre, taking part in the activity implies authorising MADRID DESTINO to fix, reproduce, distribute and publicly communicate the image rights of participants and attendees, enabling the recorded video and audio to be broadcast to the general public via any media and, in particular, via the Internet, granting transformation rights in order to adapt the work to the medium on which it is fixed or for storage purposes, excluding any commercial uses, except for and not including any uses or applications which may be prejudicial to the right to honour and to the image itself under the terms of Spanish Organic Law 1/1982 of 5 May on Civil Protection of the Right to Honour and Personal and Family Privacy.
If the video and audio are broadcast publicly in partial form, MADRID DESTINO will do everything in its power to not alter the recorded content in any way. Access provided by MADRID DESTINO to the recorded material for the general public will not involve any financial compensation whatsoever.
The work will be broadcast with a user license that enables any user to freely play and broadcast it by any means. Together with the work, MLP will provide a link to the aforementioned licence so that the user can inform themselves of its terms and conditions. Assignment of the licence is understood to be for the legally permitted maximum period and with worldwide territorial scope.
NINTH.- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These legal provisions shall be governed by Spanish law. Any conflict which may arise in regard to their interpretation, application or fulfilment shall be submitted to the courts and tribunals of Madrid (Spain). The parties expressly waive their rights to appeal to any other jurisdiction which may apply.
MADRID DESTINO guarantees the confidential processing of users’ personal data, and that, in accordance with Article 9 of Organic Law 15/1999 of 13th December on personal data protection, it has taken all technical and organisational measures necessary to ensure the security of personal data and to avoid any unauthorised alteration, loss, processing or access, bearing in mind the state of the art, the nature of the stored data and the risks to which they are exposed, whether caused by human intervention or the physical or natural environment.
Likewise, MADRID DESTINO hereby informs the user that the facilities, systems and files in which personal data is stored comply with the security measures set out in Royal Decree 1720/2007 of 21 December, which lays down the regulations of Organic Law 15/1999, of 13 December, on Personal Data Protection, under which security measures applicable to automatic files containing personal data are approved.
MADRID DESTINO hereby notifies the users of http://medialab-prado.es that the IP with which they access the MADRID DESTINO server, the date and time of this access and the pages visited that are stored on this server will be included and stored in a LOG file that MADRID DESTINO will process in order to count the number of visits to draw up statistics reports.
USER LOG. FORMS TO SEND PROPOSALS AND APPLICATIONS TO PARTICIPATE AND COLLABORATE IN ACTIVITES AND PROJECTS
The personal data of users that is requested during the http://medialab-prado.es/ registration procedure, as well as information sent during the application procedure to participate and collaborate in activities and projects, is processed automatically and is included in a personal data file that is the responsibility of MADRID DESTINO.
The purpose of collecting and processing the personal data requested at http://medialab-prado.es/ is:
(I) to identify the user so as to provide a more personalised service;
(II) to manage open calls for the submission of proposals and participation in the collaborative development of projects, as well as in other activities developed at Medialab Prado.
(III) to send technical and informative data about Medialab-Prado and its activities.
This data must be genuine, accurate, complete and up-to-date. The user is solely responsible for any direct or indirect damages or loss caused to MADRID DESTINO or any third party as a result of the untruthfulness, inaccuracy, insufficiency or obsolete nature thereof.
Website users and visitors will be informed whether it is obligatory to provide the personal information that is requested of them on the forms to access and register with the services and/or content provided on the website. They will be notified via visual notices such as floating windows, asterisks or symbols beside the information requested, or other similar methods. Failure to supply the information requested or giving inaccurate or incomplete information may result in the service and/or content being provided to users and visitors improperly, inefficiently, poorly or not at all.
Where the user is a minor, the latter must receive authorisation from an adult in charge of him/her to provide the personal information requested. MADRID DESTINO is exempt from any responsibility arising from the failure to comply with this requirement. MADRID DESTINO shall never use said data for purposes that are unsuitable for minors; instead it shall do so in keeping with the age, knowledge and maturity of the target audience, and shall never collect data relating to the financial situation or private affairs of members of his/her family. MADRID DESTINO shall allow parents or guardians to exercise their rights of access, cancellation, correction and objection regarding their children’s or wards’ data and shall encourage minors to consult them before supplying any information. Minors under 14 years old must provide MADRID DESTINO with written authorisation from their parents, guardians or legal representatives who consent to their data being processed.
At any given time, the owner of the data may exercise his/her rights of access, correction, cancellation and objection against MADRID DESTINO under the terms set out in data protection legislation. To this end, MADRID DESTINO has approved a series of straightforward and free-of-charge processes which are at the user’s disposal.
Users can also send a request regarding personal data protection by email email@example.com, specifying “Personal data” in the subject line, or by ordinary mail to MADRID DESTINO at the address that appears at the beginning of this document, also specifying the same reference.
At any rate, the user may revoke his/her consent to the processing and transfer of his/her personal data at any given time by sending written notification to the person in charge of the file at MADRID DESTINO’s address. This notice must be given via a letter signed by the owner of the data and sent by certified delivery, specifying his/her address and enclosing a copy of his/her National Identity Document or other proof of identification.
COMMUNICATIONS TO THIRD PARTIES
Personal data supplied to MADRID DESTINO shall not be transferred to third parties without the owner’s consent, except in cases expressly envisaged by law and provided that the requirements set out therein are met.
INFORMATION SOCIETY AND ELECTRONIC COMMERCE SERVICES
By virtue of Law 34/2002, 11th July, on Information Society and Electronic Commerce Services, under no circumstances shall MADRID DESTINO send advertisements or notices to users for the purposes of sale or other commercial purposes without this having been requested or consented to beforehand. Likewise, MADRID DESTINO shall not send messages that have not been requested or consented to beforehand, nor shall it send chain emails that have not been requested or consented to.
MADRID DESTINO hereby informs users that they may choose not to receive messages of a commercial nature by following the instructions given in each individual case or by sending written notice to: firstname.lastname@example.org.