1. Data of the company owning this website and mandatory terms and conditions of use
This text contains the legal notice and the mandatory conditions of use that regulate the access, navigation and use, in any form, of the Website accessible at www.geca.es and any of its different sub-websites (hereinafter, the “Website” or the “Web“), owned by GABINETE DE ESTUDIOS DE LA COMUNICACIÓN AUDIOVISUAL, S.L.U. (hereinafter, the “Provider“), a commercial company with registered office at Avenida Diagonal, 173-18, 08018, Barcelona (Spain) and with Tax Identification Number B81772311 and registered in the Commercial Registry of Barcelona, Volume 46401, Folio 157, Page B-518792, 1st Inscription.
You can contact us through the following e-mail address firstname.lastname@example.org and we will respond to your email as soon as possible, as well as by phone (+34) 91 728 57 80 (ordinary rate).
Through the Website you will be able to access information about the integral audiovisual consulting and advisory services provided by GECA and about the services and tools for professionals of the audiovisual sector offered by GECA (hereinafter, “GECA“).
The Provider expressly reserves the right to modify the presentation, configuration of the Website, the Contents and the Services (and, if applicable, the corresponding profiles in social networks), as well as the conditions required for their access and/or use.
2. Access and use of the Website. Prohibition of use by minors without permission.
2.1. Access to the Website
Access to the Contents and the use of the Services through the Website (and, if applicable, profiles in social networks owned by the Provider) is free of charge, in general. If access to or enjoyment of certain Content or Services (or both) requires a consideration, the User will be previously informed.
2.2. Access to the “client area”
The User who has contracted certain services to GECA may access through the Website to his “client area” using a user name and password.
The User’s password will be valid for an unlimited period, although it is recommended to change it periodically through the User’s profile. The Website has the necessary functionalities so that the User can change his/her password whenever he/she considers it appropriate, for example, because he/she suspects or believes that the confidentiality of the password has been breached. The password shall be generated by the User in accordance with the rules of robustness and complexity established from time to time by the Provider, of which the User will be informed by default when the password provided by the User does not meet the standards. Thus, if the User selects a password that does not meet the minimum requirements of the approved and current password policy, the User will be notified of such non-compliance and will receive instructions on the conditions that such password must meet in order to be valid. By way of example and without limitation, the User shall be liable for any damages that may arise from the use of the Website by any third party using a password or User ID as a result of non-diligent use, unauthorized transmission or loss thereof by the User.
The User undertakes to make diligent use of his/her password, to keep it secret and not to transmit or share it with any other person, including the Provider. Accordingly, the User expressly acknowledges that he/she is solely responsible for the proper safekeeping and confidentiality of any identifiers and/or passwords that he/she has selected as a registered User of the Website.
By virtue of the foregoing, it is the User’s obligation to immediately notify the Provider of any fact or act that allows the improper use of the identifiers and/or passwords, such as, for example, theft, loss or unauthorized access to them, so that the Provider may proceed to their immediate cancellation. As long as such circumstances are not communicated by the User, the Provider will not be in a position to have effective knowledge of them and, therefore, in no case it will be possible to attribute responsibility to the Provider for an eventual misuse of the identifiers and/or passwords by unauthorized third parties.
2.3. Obligation to make proper use of the Website, Services and Content
The User agrees to use the Website and the Services and to access the Contents in accordance with the law, these Conditions of Use, the particular conditions that, if any, may have certain Services, and other notices, regulations of use and instructions made known to the User.
In particular, by way of example and without limitation, the User expressly agrees not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
- in any way that is contrary to, undermines or infringes upon the fundamental rights or public freedoms recognized in the Constitution, international treaties and other applicable legislation;
- induces, incites or promotes criminal, denigratory, defamatory, defamatory, violent or, in general, contrary to law, morals and generally accepted good customs or public order;
- induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
- incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality or generally accepted good customs or public order;
- induces or may induce an unacceptable state of anxiety or fear;
- induces or incites to engage in practices that are dangerous, risky or harmful to physical or psychological health (or both);
- is false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way as to mislead or be likely to mislead as to its subject matter or as to the intentions or purposes of the issuer;
- is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to use it;
- violate trade secrets;
- is contrary to the right to honor, to personal and family privacy, to one’s own image or to any other right of personality;
- in any way impairs the credit of the Provider or third parties;
- violates the regulations on secrecy of communications or the protection of personal data (or both);
- constitutes, as the case may be, unlawful, misleading or unfair advertising or, in general, constitutes unfair competition;
- incorporates viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, system or computer equipment of the Provider or third parties or that may damage the electronic documents and files stored in such computer equipment; and,
- cause by its characteristics (such as format, extension, etc.) difficulties in the normal operation of the Website, the Services or the Contents.
Con carácter general, para In general, to access and use the Website, you must be over 18 years of age. If you are a minor, you may access and use the Website provided that you have the permission of your parents or legal guardians. . That is, if you are a minor and do not have the permission of your parents or legal guardians to access the Website, you may not use our Website. However, you may access content that is rated for younger ages if you are of the age indicated therein or, if applicable, if you have your parent’s or legal guardian’s permission.
3.1. Links to third party websites or platforms
In the event that the Website (or, as the case may be, the profiles in social networks owned by the Provider) show links to other web pages or profiles of third parties in social networks, through different buttons, links, banners or embedded content, the User expressly declares to know that:
- such buttons, links, etc. are directly managed by third parties;
- the Provider does not have the means (either human or technical) to know in advance and/or control and/or approve the information, contents, products or services provided by third party owners of other websites or platforms to which links may be established on the Website; and,
- the Provider may not assume any kind of liability for any aspect related to the platform or web page, social network, etc., to which a link may be established from the Website (or, as the case may be, from the profiles in social networks owned by the Provider) -specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general-.
The User expressly undertakes to immediately inform the Provider if it becomes aware that the activities carried out on third party websites or platforms linked from the Website are illegal or contravene morality and/or public order. As soon as Provider becomes aware of circumstances such as those described above, Provider will take the necessary actions to disable the link in question.
3.2. Links on third party websites or platforms to the Website
Provider has neither the possibility nor the means (human or technical) to know, control or approve the information, contents, products or services provided in third party websites, as well as in social networks in which links to the Website (or, as the case may be, to social network profiles managed by Provider) are included. Therefore, the User expressly waives to make claims against the Provider for any aspect related to third party websites or platforms in which links may be established to the Website (or, as the case may be, to the profiles of the Provider in any social networks) -specifically, by way of example and not limitation, the User expressly waives to make claims against the Provider regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general-.
The Provider does not authorize the inclusion of links to the Website (or, as the case may be, to its profiles on social networks) on third-party websites or platforms that contain materials, information or contents that are illicit, illegal, degrading, obscene or, in general, that contravene the laws, morality or public order, or generally accepted social standards.
Users may establish links on their respective websites or social media profiles that direct to the Website (or to the social media profiles of the Website, if applicable), provided that they comply with all of the following conditions:
- the link may not reproduce the content of the Website or any part of it in any form;
- it is not permitted to create a browser over the sections of the Website, nor in any other way modify the Website, the Contents or the Services (nor, as the case may be, those of the Provider’s social network profiles);
- it is not allowed to make false, inaccurate or incorrect statements or indications about the Website (or, if applicable, about the profiles that the Provider may manage in social networks) or, in particular, to state or imply that the Provider has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website or platform where such link is established;
- the website or the profile in social networks in which the link to the Website (or, as the case may be, to the profiles of the Provider in social networks) is established shall not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or self-image or any other right, nor content contrary to the rules regulating the protection of personal data; y,
- the owner of the website or profile in a social network in which the link to the Website (or, as the case may be, to the corresponding profiles in social networks of the Provider) is established may not profit, either directly or indirectly, by the inclusion of link(s) to the Website (or, as the case may be, to the profiles of the Provider in social networks).
3.3. Possibility to access the channels and web pages managed by the Provider from third party websites or platforms (including social networks).
Provider may make available to Users, through different tools and applications, means that allow Users to access the channels and web pages that Provider maintains on different platforms (and, if applicable, on social networks belonging to and/or managed by third parties such as, for example, Facebook, Twitter, Instagram, LinkedIn, Vimeo etc.). The sole purpose of the Provider is to provide Users with access to the channels and web pages managed by the Provider on different platforms (which may include its profiles on social networks).
The User expressly declares to know that the establishment of these applications does not imply the existence of any relationship between the Provider and the owner, manufacturer or distributor of the platform outside the Website, nor the acceptance and approval by the Provider of its contents and/or services, being its owner, manufacturer or distributor the only responsible.
The activation and use of these applications may involve the identification and authentication of the User (login/password) on third party platforms, outside the Website and beyond the control of the Provider. The User expressly declares to be aware that by accessing platforms other than the Website he/she enters an environment not controlled by the Provider, and therefore cannot hold the Provider liable for such access. Since the Provider has no control over the content hosted on third party platforms, the User expressly disclaims any liability to the Provider for the content or services (or both) that the User may access on such third party platforms. For this reason, the User expressly undertakes to exercise extreme caution in the evaluation and use of the information, content and services existing on the linked platforms, and on the information of the User or of third parties that he/she wishes to share on such platforms.
In no event shall Provider share with social networks any private information of its users. Therefore, it will be the User who decides, if applicable, to share such information with third party platforms, under its sole responsibility, without the Provider’s intervention.
4. Liabilities and warranties
Provider does not guarantee the availability and continuity of the operation of the Website, the Services or the Contents (nor of the profiles in social networks managed by Provider, if any). Whenever reasonably possible, Provider shall give prior notice of interruptions in the operation of the Website, the Services or the Contents (and, if applicable, of the profiles in social networks managed by Provider). Provider does not guarantee either the usefulness of the Website and the Services or the Contents for the performance of any specific activity, nor its infallibility and, in particular, including but not limited to, that Users may effectively use the Website, the Services and the Contents, access the different web pages that form the Website or those from which the Services are provided or the Contents are accessed.
The Provider cannot guarantee the reliability, usefulness or veracity of the Contents, the Services (or their profiles in social networks, if any), or the publications of the Users, if any. Consequently, the Provider does not guarantee and shall not be liable for (including but not limited to):
- the continuity of the Contents or Services made available to the Users;
- the absence of errors in such Content or Services;
- the absence of viruses and/or other harmful components on the Website, social networks or on the server that provides them;
- the invulnerability of the Website and social networks and/or the impossibility of breaching the security measures adopted therein;
- the lack of usefulness or performance of the Contents, Services or profiles in social networks, if any; and,
- damages caused, to itself or to a third party, by any person who infringes the conditions, rules, instructions or security systems that the Provider establishes on the Website.
Notwithstanding the foregoing, the Provider declares that it has adopted all necessary measures, within its possibilities and the state of the art, for the correct functioning of the Website, the Services and the Contents (and, if applicable, of the profiles it may manage in social networks) and to minimize errors.
Provider does not guarantee the legality, reliability or usefulness of the contents provided by third parties through the Website (or, if applicable, of the profiles in social networks managed by Provider). If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that may involve an infringement of third party rights, the User must immediately notify the Provider, so that the latter may adopt the appropriate measures.
The Provider shall not be responsible for the veracity, integrity or updating of the information published on the Website (nor, if applicable, of the information published on its profiles in social networks), coming from external sources, nor of the information contained in other platforms or social networks to which links may be established from the Website.
5. Intellectual and industrial property rights
The Website and its different elements (as well as, if applicable, in the profiles in social networks managed by the Provider), such as databases, source code, computer applications, distinctive signs, logos, photographs, fragments of audiovisual works, graphic designs or any other elements, creations or inventions, are subject to intellectual and industrial property rights or constitute business secrets, of which the Provider is the exclusive owner or assignee to the required extent.
The User is expressly forbidden to reproduce, distribute, transform, publicly communicate, make available, extract, reuse, resend or exploit by any means and in any form the Website, the Contents and the Services, except in those cases in which it is legally permitted or with prior written authorization from the Provider.
If the User becomes aware of the existence on the Website of any content that is illicit, illegal, contrary to the law or that may involve an infringement of intellectual or industrial property rights or of any other kind, he/she must immediately notify the Provider, so that the latter may proceed to the adoption of the appropriate measures. Likewise, in the event that any User or third party considers that any of the Contents of the Website infringes its intellectual or industrial property rights, as well as any other rights, it must send a communication, with the necessary documentation that proves this, and the entities responsible for the Website will respond as soon as possible.
6.1. Person in charge of the treatment
GABINETE DE ESTUDIOS DE LA COMUNICACIÓN AUDIOVISUAL, S.L.U. (hereinafter, “GECA“, the “Data Controller” or the “Controller“), with registered office at Avenida Diagonal, 177-183, 12th Floor, 08018, Barcelona, with Tax Identification Number B81772311.
6.2. Purposes for which we will process the data, grounds for the processing, category of data and retention period
- Processing of data related to the management of the Web.
Purposes of treatment
Simply visiting the Website and browsing its different sections does not require you to provide any personal data or to register as a user. However, certain services may require users to register by providing certain personal data. We also remind you that cookies may be installed on your access device in accordance with the provisions of our Cookies Policy.
The purposes of the processing of personal data that GECA collects through the Web are:
- Validate your access to the Client Area.
- Manage the queries or requests you make to us through the contact form, phone number or email.
Category of data processed
The simple navigation through the Web does not imply the collection of personal data, except as indicated in our Cookies Policy.
If you access the Client Area, GECA will process your first and last name and password. If you send us an email, contact us by phone or through the contact form on the Web, GECA will process the data you provide.
Legitimate basis for processing
The bases that legitimize the processing of your data are the following:
- When we process the data to validate your access to the Customer Area, the basis for the processing is the execution of the contract.
- In the case of the processing of the data you provide us when you send us an email, contact us by phone or through the contact form, the bases that legitimize the processing is the legitimate interest of GECA to respond to requests and queries that you raise us and the treatment is necessary for the execution of a contract in which the person concerned is a party or for the application at the request of this of pre-contractual measures.
The data provided by users will be kept by GECA as long as they are necessary to process the request made, plus an additional period of 6 years for the purpose of meeting possible liabilities arising from the treatment.
We will retain anonymized data for longer periods of time for audiometric and analytical purposes necessary to improve our services.
- Execution of the contractual relationship with customers, suppliers, collaborators and any third parties.
Purposes of treatment
The personal data related to the legal representatives, as well as those of third parties that may be designated as interlocutors by the legal entities or professionals with whom GECA has a contractual relationship, will be processed by GECA to carry out the management, development, compliance and control of the contractual relationship and the invoicing of the corresponding services. Likewise, GECA may process such data and those of third parties appointed for the provision and development of the contracted services for the control and supervision of the compliance with the applicable regulations and its Code of Conduct available at the following link https://ethics.mediapro.tv/. Likewise, GECA may process personal data for professional contact purposes and to send you greetings.
Category of data processed
In general, GECA will process mainly identification and contact data (name, surname, e-mail and telephone number) and, if applicable, data related to the function or position held. However, it may process any other data necessary for the performance of the contractual relationship.
The legal basis that legitimizes this treatment is the execution of the contract and the legitimate interest of GECA for the professional contact.
Personal data will be kept for the duration of the contract and as long as liabilities may arise from the execution of the contract.
6.3. Data provided by third parties
From GECA we request users to avoid communicating through any system, application, media or format, personal data of third parties. However, if for the management or development of a contract, the legal person or, where appropriate, the professional with whom GECA maintains a contractual relationship communicates to it the data of one or more persons as interlocutor in the terms set forth in clause 6.2 “Execution of the contractual relationship with customers, suppliers, collaborators and any third parties”, such legal person or professional must first comply with the obligations of information and obtaining consent or have another legal basis that legitimizes such communication.
The user who breaches the above provisions, especially with respect to data of minors, may incur liability to that third party and to GECA. For more information, please consult the conditions of use of the Web page [LINK].
6.4. Data recipients
GECA has different service providers that may access your personal data in order to fulfill their contractual obligations with GECA. . Our main service providers are companies that are part of the Mediapro Group (you can consult the list of entities that are part of our Group at http://entidades.imagina-media.com and www.mediapro.tv) that may process the data, in addition, for the internal administrative management of the Group on the basis of legitimate interest.
Users’ personal data may also be communicated, by virtue of a legal provision, to Tax Authorities, Data Protection Control Authorities (e.g. the Spanish Data Protection Agency) and/or the State Security Forces and Corps, Judges and Courts if so required or necessary.
6.5. Rights of data subjects. Revocation of consent. Data Protection Delegate
Data subjects have the following rights in relation to their personal data:
- right of access to personal data or the right to address the controller to find out whether or not the controller is processing the personal data and, if the controller is processing the personal data, the right to obtain, inter alia, the following information: (i) a copy of the personal data that are the subject of the processing; (ii) the purposes of the processing; (iii) the categories of personal data that are processed; (iv) the recipients or categories of recipients to whom the personal data were or will be disclosed, – in particular, recipients in third countries or international organizations; the expected period for which the personal data will be kept, or if this is not possible, the criteria used to determine this period.
- the right to have the data subject’s personal data corrected or supplemented when the controller has inaccurate or incomplete data (for which the data subject must indicate which data he/she is referring to and the correction to be made, in addition to providing supporting documentation with his/her request, where necessary).
- the right to object, in certain circumstances, to the processing of the user’s personal data by the controller, for example, when the user’s data are processed for the purpose of sending commercial communications to the user.
- right to erasure of the user’s personal data or right “to be forgotten”, which allows users to ask the controller to erase their personal data when any of the following circumstances occurs, among others: (i) the user’s personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) the user withdraws the consent given for the processing of personal data and there is no other reason that justifies further processing by the controller; (iii) if the user’s data have been processed unlawfully. In any case, users should be aware that it may be feasible not to comply with a request for deletion of data when the processing is necessary for the exercise of freedom of expression and information, for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of public powers vested in the controller, for reasons of public interest, in the field of public health, for archiving purposes in the public interest or for the formulation, exercise or defense of claims.
- the right to limit the processing of the user’s personal data, which allows the user to ask the data controller:
- the suspension of the processing of his personal data – when the user contests its accuracy or in cases where he has objected to the processing, under certain conditions; or
- the retention of data for a specified period – where the processing is unlawful and the user opposes erasure but requests the restriction of processing, or where the controller no longer needs the data for the purposes of processing but the user does, in order to raise claims or defend himself.
- the right of the user not to be subject to automated individual decisions based solely on the processing of his personal data,which implies that the user is entitled to demand not to be subject to a decision based solely on the processing of his personal data, including profiling, which produces legal effects on the user or significantly affects him in a similar way. This right does not apply where such decisions are necessary to conclude or perform a contract between the user and the controller, or where the data processing is based on the user’s prior consent.
- Right to revoke consent. When the legal basis legitimizing the processing is consent, the data subject has the right to withdraw or revoke it at any time. The withdrawal or revocation of consent does not have retroactive effect. Therefore, it does not affect the lawfulness of the processing based on the consent prior to the withdrawal.
- By mail: GECA, Avenida Diagonal 177-183, 12th Floor, 08018, Barcelona.
- By e-mail: email@example.com (this e-mail address is only intended for data protection issues and no other unrelated questions or queries will be answered).
In both cases, please indicate as reference: “Ref. Data Protection – GECA”.
Notwithstanding the foregoing, GECA may deny those requests for rights that are unfounded or excessive.
In addition to the above, you have the right to file a complaint with the Spanish Data Protection Agency (www.aepd.es) if you consider that your rights have not been properly addressed or that the applicable regulations have not been complied with in the processing of your personal data.