1. Preamble
In compliance with the provisions of Organic Law 3/2018 of 5 December on Data Protection and the guarantee of digital rights (hereinafter OLDP) and regulations in implementation thereof, the Valencian Community Foundation for Research, Promotion and Commercial Studies of Valenciaport (hereinafter FUNDACIÓN VALENCIAPORT) hereby informs users of its website of its policy regarding the processing and protection of personal data of those persons who voluntarily use email to contact FUNDACIÓN VALENCIAPORT or use any other service on the website that involves communicating their personal data to FUNDACIÓN VALENCIAPORT.
FUNDACIÓN VALENCIAPORT informs the user of the website that this privacy policy covers all aspects related to the processing of personal data that FUNDACIÓN VALENCIAPORT performs as the entity responsible for said processing through the FUNDACIÓN VALENCIAPORT website. If the user continues to use the services after reading this document, it implies his/her express acceptance of this privacy and personal data processing policy. If the user does not accept this policy, FUNDACIÓN VALENCIAPORT requests that he/she leaves the website.
The user is informed that any processing of personal data will be governed by the legislation in force in Spain on data protection, established by the OLDP and complementary and implementing regulations.
For these purposes, personal data is understood to mean any information concerning identified or identifiable individuals, including their email address and/or IP address; and user is understood to mean any identified or identifiable individual who communicates his/her personal data to FUNDACIÓN VALENCIAPORT through the use of any service on the website of the aforementioned entity.
2. Identification of the corporate name of the entity responsible for the file.
FUNDACIÓN VALENCIAPORT informs the website user of the existence of a file or processing of personal data, for which the responsible entity is FUNDACIÓN VALENCIAPORT, with registered offices at Avenida Muelle del Turia s/n, 46024 Valencia, the location where the personal data that the user communicates to FUNDACIÓN VALENCIAPORT is collected and stored.
3. Intended purposes for personal data
FUNDACIÓN VALENCIAPORT guarantees the protection and confidentiality of the data provided to it by the users of the website in accordance with the provisions of the Personal Data Protection regulations.
The personal data provided by the user will be processed by FUNDACIÓN VALENCIAPORT for the purpose of informing the user about promotions and offers associated with FUNDACIÓN VALENCIAPORT services, by email or any equivalent electronic means, provided that the user gives his/her express consent to receive such communications.
Users who access the FUNDACIÓN VALENCIAPORT website are not required to provide personal information in order to use said website. The website only collects such personal information as serves to identify the user, bearing in mind that such information will always be provided by the users themselves.
FUNDACIÓN VALENCIAPORT does not generally request sensitive information from users; sensitive information is understood to include data related to race or ethnic origin, religious beliefs, criminal record, physical or mental health or sexual orientation. In the event that FUNDACIÓN VALENCIAPORT requires sensitive information, the user’s consent to collect such information will be sought.
4. Information and consent
When the user does not maintain commercial relations with FUNDACIÓN VALENCIAPORT, he/she should bear in mind and is duly informed that sending an email to FUNDACIÓN VALENCIAPORT or communicating any of his/her personal data to FUNDACIÓN VALENCIAPORT entails or implies that he/she is giving free, unequivocal, specific, informed and express consent for the processing of his/her personal data by FUNDACIÓN VALENCIAPORT. Said data processing shall be carried out for the following purposes: to handle and respond to the communications received and/or to carry out the actions related to the provision of services requested by the user in question. Conversely, if the user does not agree to this, he/she is requested not to send emails or communicate his/her personal data to FUNDACIÓN VALENCIAPORT.
The personal information will only be used for limited purposes, including but not limited to those described above; for example, when the user signs in to the website to gain access to a particular service offered through the website for which access is restricted to registered users, or requests information about areas of interest of FUNDACIÓN VALENCIAPORT, such as specific FUNDACIÓN VALENCIAPORT publications or promotional campaigns.
At any time FUNDACIÓN VALENCIAPORT may request website users’ personal data through forms. In such cases, FUNDACIÓN VALENCIAPORT shall include an informative note on the data collection form, indicating all the conditions for personal data processing in accordance with Article 5 of the OLDP, such as whether the response to the questions asked is compulsory or optional, the consequences of collecting the data or the refusal to provide such details, the purposes of the data collection, the possible transfers of data that may occur and, where applicable, FUNDACIÓN VALENCIAPORT shall seek consent for the processing of personal data carried out as necessary and in accordance with the legislation in force.
FUNDACIÓN VALENCIAPORT informs the user that he/she can contact the Spanish Data Protection Agency and other relevant public bodies regarding any claim arising from the processing of his/her personal data.
Finally, FUNDACIÓN VALENCIAPORT informs the user that at any time he/she can withdraw the consent given, as well as exercise the rights indicated herein and as applicable; to do so, he/she should contact the FUNDACIÓN VALENCIAPORT staff member responsible for personal data, or communicate it in writing along with a copy of his/her national identity document to FUNDACIÓN VALENCIAPORT at the email address data@fundacion.valenciaport.com or by post to FUNDACIÓN VALENCIAPORT, Avenida Muelle del Turia, 46024 Valencia, Spain.
5. Identification of recipients to whom FUNDACIÓN VALENCIAPORT intends to transfer or communicate data
The only transfers or communications of data that FUNDACIÓN VALENCIAPORT intends to carry out are those required in order to fulfil its obligations with the Public Administrations at any time, in accordance with the legislation in force regarding each matter, and, where appropriate, to other entities such as judges, the Public Prosecutor’s Office, the Courts, the Court of Auditors or the Ombudsman.
Furthermore, FUNDACIÓN VALENCIAPORT informs the user that any other transfer of data to be made shall be brought to his/her attention in accordance with the OLDP, providing him/her with precise and unambiguous information on the recipients of the data, the purpose for which the data will be used, and the nature of the data transferred; or, when stipulated by the OLDP, the user’s unequivocal, specific and informed consent shall first be sought.
6. Other recipients of information
FUNDACIÓN VALENCIAPORT advises the user that it is only the personal data collected from the user through the website www.fundacion.valenciaport.com for which this entity is responsible and for which it ensures the confidentiality, security and processing of data in accordance with this policy; FUNDACIÓN VALENCIAPORT bears no responsibility for the subsequent processing and use of personal data that may be carried out by third-party providers of services to the entity, which may access such data as a result of providing their services or performing their business activities.
Third parties providing information services to the entity are understood to include, but are not limited to, natural or legal persons providing the following services:
Transmission through a communication network of data provided by the recipients of the service.
Access services to the aforementioned network.
Data storage or hosting services.
Provision of content or information.
Furthermore, FUNDACIÓN VALENCIAPORT bears no responsibility for the data processing carried out by the third parties who establish hyperlinks with FUNDACIÓN VALENCIAPORT or by those responsible for the hyperlinks through which FUNDACIÓN VALENCIAPORT redirects the users of its website.
7. Data quality
FUNDACIÓN VALENCIAPORT advises the user that, except in the case of a legally authorized representative, no user can use the identity of another person or communicate that person’s personal data; as such, the user must be aware at all times that when using the email service, he/she can only include personal data corresponding to his/her own identity, and data that is suitable, relevant, current, accurate and true. The user will be solely responsible for any damage, direct and/or indirect, caused to third parties or to FUNDACIÓN VALENCIAPORT by the use of the personal data of another person, or by the use of his/her own personal data when it is false, erroneous, out-of-date, unsuitable or irrelevant. Equally, any user who communicates the personal data of a third party shall be accountable to the third party for the information and consent obligations established in the OLDP and the corresponding provisions, as well as for the consequences of non-compliance with said articles.
8. Data of minors or legally incompetent persons
If the user is a minor or legally incompetent person, FUNDACIÓN VALENCIAPORT advises that the consent of his/her parents, guardians or legal representatives is needed for the communication of his/her personal data; as such, FUNDACIÓN VALENCIAPORT requests that such persons refrain from using the email service if they do not have the consent of their parents, guardians or legal representatives, and advises that FUNDACIÓN VALENCIAPORT bears no responsibility for the actions of the minor or legally incompetent person in the absence of said consent.
9. Updating of data
The user is the only source of information of their personal data; as such, FUNDACIÓN VALENCIAPORT requests that, in order to keep this data up-to-date and current at all times, and in accordance with the principles of the OLDP, any changes to said data should be communicated to the address indicated for the user to exercise his/her rights to access, rectify, cancel and oppose the processing of said data. In addition, where applicable, the user should communicate the termination of his/her activity in the entity he/she represents, in order to proceed with the cancellation and/or historical processing of said data. When the data is collected directly from the person concerned, said data shall be considered accurate.
The user’s data will be kept as needed in order to be able to use it for the purpose for which it was collected, and according to the legal basis for processing it in compliance with the applicable law, unless the user requests its deletion; it will also be kept for the length of time necessary to comply with the legal obligations. The lawfulness of the data processing lies in the performance of a contract or commercial relationship, as well as the user expressly consenting to such processing for the established purposes. The user’s personal data shall not be communicated to third parties.
In any case, the user has the right to obtain confirmation as to whether FUNDACIÓN VALENCIAPORT is processing his/her personal data, as well as to access his/her personal data and obtain a copy thereof, request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, the user may request that the processing of his/her data is limited, in which case the data will only be retained for the purpose of making or defending against a claim. In certain circumstances, and for reasons related to the user’s particular circumstances, the user may oppose the processing of his/her data. FUNDACIÓN VALENCIAPORT will stop processing the data, unless compelled to continue for legal reasons, or in order to make or defend against potential claims.
Furthermore, the user may exercise the right to data portability and also withdraw the consent given at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
10. Cookies and Beacons
To ensure that the website is being well managed and to facilitate browsing around the site, both FUNDACIÓN VALENCIAPORT and the internet service provider(s) may be using cookies (small text files stored in the user’s browser) or web beacons (electronic images that allow the website to count the number of visitors and users who have accessed a particular website and to access certain cookies) to store and add information. FUNDACIÓN VALENCIAPORT may use these tools to track information in its systems and identify categories of web users according to elements such as IP address, domain, browser type and pages visited. This information is reported to the FUNDACIÓN VALENCIAPORT webmaster, who uses it to analyse the number of visitors to and users of the different areas of the site and thereby ensure the usefulness of the website as a helpful, effective source of information.
Both cookies and web beacons store personal information such as names and email addresses. Most browsers allow users to reject cookies. It should be mentioned that, in specific circumstances, access may be denied in certain parts of the FUNDACIÓN VALENCIAPORT website to those visitors and users whose browsers do not allow the use of cookies.
11. Security measures taken in connection with the processing of personal data
FUNDACIÓN VALENCIAPORT informs the user that, in accordance with the provisions of the OLDP and the Security Measures Regulation, it has adopted the necessary technical and organizational measures to guarantee the security of personal data and to prevent alteration, loss, unauthorized processing or access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, whether stemming from human action or from the physical or natural environment. FUNDACIÓN VALENCIAPORT informs the user that it will only record personal data in files that meet the conditions for data integrity and security set out in the aforementioned Regulation, as well as conditions relating to processing centres, premises, equipment, systems and programmes. In addition, FUNDACIÓN VALENCIAPORT guarantees to the user that it will fulfil the duty of professional secrecy regarding users’ personal data and the obligation to safeguard said data.
12. Personal data published on the FUNDACIÓN VALENCIAPORT website.
With respect to personal data published through the website www.fundacion.valenciaport.com, users are informed that the processing of this data comes under the ownership and responsibility of FUNDACIÓN VALENCIAPORT, incorporated with the prior informed consent of the persons concerned; this data cannot be freely processed and reproduced by third-party users of the website, even if the source is referenced (in this case the website www.fundacion.valenciaport.com) without obtaining the prior informed consent of the person concerned.
Two types of personal data may be published on the website www.fundacion.valenciaport.com: contact details and data relating to the professional status and work experience of the persons concerned. The contact data may only be used by the third-party users of the website www.fundacion.valenciaport.com with the sole purpose of contacting FUNDACIÓN VALENCIAPORT for professional purposes and/or within the framework of the corporate purpose of FUNDACIÓN VALENCIAPORT. Data relating to the professional status and work experience of the persons concerned may only be used by third-party users of the website www.fundacion.valenciaport.com with the sole purpose of knowing the human capital of FUNDACIÓN VALENCIAPORT.
Any uses other than those cited in the previous paragraph are expressly prohibited, including the sending of advertising and/or commercial information as well as the incorporation of such data into other third-party databases and/or data processing without the prior informed consent of the persons concerned; FUNDACIÓN VALENCIAPORT bears no responsibility for the use of this data by third-party users of the website www.fundacion.valenciaport.com in contravention of the provisions of this clause. Users are also advised that, in accordance with the principle of the Spanish Data Protection Agency, the internet is not a publicly-accessible source for collecting personal data in order to process it for advertising purposes.
13. Recommendations to users
FUNDACIÓN VALENCIAPORT recommends that users employ the latest versions of internet browsers as these have the best security features.
Similarly, FUNDACIÓN VALENCIAPORT recommends that users employ the available security mechanisms (secure web servers, cryptography, digital signature, firewall, etc.) to protect the confidentiality and integrity of their data in so far as it is necessary, given the risks of identity theft or personal data breaches.
FUNDACIÓN VALENCIAPORT reminds users that the internet is not secure. However, there are different means that can be used to improve personal data protection. Therefore, users should employ any means at their disposal to protect their data and communications, such as legally available encryption for confidential email and access codes to their own PC.
FUNDACIÓN VALENCIAPORT warns users that whenever they provide personal information over the internet by means of email, newsgroups, discussion forums, etc., they should bear in mind that this information may be collected and processed for purposes unintended by the user; as such, FUNDACIÓN VALENCIAPORT recommends that users inform themselves about the confidentiality and privacy policies of the websites that they visit.
FUNDACIÓN VALENCIAPORT advises users to bear in mind that, unless they apply encryption mechanisms, email over the internet is not secure. Users should always be aware that email messages and discussion forums may be subject to falsifications and identity theft. If users do not want to publish their email address, they should configure their browser so that it does not leave their email address on the web servers they access.
14. Policy updates
Occasionally, FUNDACIÓN VALENCIAPORT will update this policy on website users’ privacy and processing of their personal data. Any modification to this policy will be published and highlighted on the FUNDACIÓN VALENCIAPORT website and in the policy itself; each user should bear in mind that, in the event that he/she communicates personal data to FUNDACIÓN VALENCIAPORT, the processing of his/her data will be governed by the regulations in force at the time that data is received by FUNDACIÓN VALENCIAPORT.
FUNDACIÓN VALENCIAPORT reminds the user that if he/she continues to use the services after reading this document, it implies his/her express acceptance of this privacy and personal data processing policy. If the user does not accept this policy, the FUNDACIÓN VALENCIAPORT requests that he/she leaves the website.
15. Contact information
FUNDACIÓN VALENCIAPORT will be pleased to receive any comments that the user may wish to share in connection with this privacy and personal data protection policy . For that purpose, or for any queries regarding the policy, the user can contact FUNDACIÓN VALENCIAPORT by both electronic means and by post at the address shown below; the personal data of the person concerned will be stored under the responsibility of FUNDACIÓN VALENCIAPORT in order to respond to the communication in accordance with the provisions set forth in this privacy policy.
data@fundacion.valenciaport.com
FUNDACIÓN VALENCIAPORT
Avenida Muelle del Turia
46024 Valencia
