LEGAL DISCLAIMER & TERMS & CONDITIONS OF USE OF THE WEBSITE https://filmacions.bsmsa.cat
1. Company information of website owner and obligatory terms & conditions of use
The following text sets out the Legal Disclaimer and Website Terms & Conditions of Use which regulate the access, navigation and use of this website accessible on filmacions.bsmsa.cat and any other of its different sub-webs (hereinafter referred to as, the “Website ”), property of MEDIAPRODUCCIÓN, S.L.U. (hereinafter referred to as, the “Service Provider”), trading company having its business address in Avda. Diagonal, 177-183, Imagina Building, 08018, Barcelona, Spain, with NIF Number B-60188752 and registered with Barcelona Company’s Register, Sheet B-80718, Volume 24885, Page 156.
You can contact us through the email firstname.lastname@example.org and/or the contact form enabled for this purpose on the Website and we will reply to you as soon as possible.
Through the Website you can access information on emblematic spaces in the city of Barcelona managed by Barcelona de Serveis Municipals (BSM) – Barcelona City Council, suitable for filming.
The use of the Services accessed via the Website or other webpages which redirect to the Website (as well as Social Network profiles property of the Service Provider) are subject to this Legal Disclaimer & Website Terms & Conditions of Use (hereinafter referred to as “General Terms & Conditions”).As such, the sue of the Website (as well as the different social media profiles, property of the Service Provider, as the case may be) including the contents, understood as texts, graphics, drawings, designs, codes, software, photographs, music, videos, audio files, databases, images, expressions and information, as well as any other creation protected by national law and international treaty governing intellectual and industrial property― (hereinafter referred to as “Content”), and the associated services (hereinafter referred to as, the “Services”) must be performed in adherence to these Terms & Conditions of Use.
The Service Provider expressly reserves the right to modify the presentation, configuration of the Website, of the Contents and of the Services (and, where appropriate, of the corresponding profiles on social media networks), as well as the conditions required for their access and/or use.
Access to the Contents and/or use of the Services attributes the condition of user (hereinafter, referred to as the “User”) and means you accept, and agree to abide by the most recent version of these Terms & Conditions published on the Website, together with any eventual modifications thereto. As such, if you do not agree with any of these General Terms & Conditions, please refrain from accessing and/or using the Website, the Contents, and/or the Services.
These Terms & Conditions do not exclude the possibility that certain Services, Content and/or tools offered via the Website (and, where applicable, social media profiles) may be subject to specific conditions, in which case, said conditions will be made available to the User.
2. Access to and Use of the Website. Prohibition of use for minors without permission
Access to the Contents and the use of the Services provided by the Website (and, where applicable, social media profiles property of the Service Provider) is generally free of charge for Users. If the access or enjoyment of certain Contents or Services (or both) should incur any charges, the User will be informed thereof in advance.
2.2. Obligation to make correct use of the Website, Services and Content
The User agrees to use the Website and Services and to access the Content, in accordance with the law, these Terms & Conditions, the Particular Conditions of certain Services, and any other notices, regulations of use and instructions made available to them.
To this end, the User agrees to refrain from using any of the Services and/or Content for illegal purposes or purposes prohibited under these Terms & Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the Services, computer equipment, documents, files or any other kind of content stored on any computer systems property of Service Provider, of other Users or of any other Internet user.
In particular, and including but not restricted to the following, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, audio and/or image files, photographs, recordings, software and, in general, any kind of material which:
a) is in any way harmful to, undermines or breaches the fundamental rights and public freedoms safeguarded under the constitution, international treaties, and any other legislation;
b) incites, promotes, or encourages criminal, slanderous, defamatory, dishonorable, violent or, in general, behavior which is contrary to the law, generally accepted morals and good customs, or public order;
c) incites, promotes, or encourages discriminatory actions, attitudes, or thoughts on the grounds of gender, race, religion, belief, age, or condition;
d) incorporates, makes available or allows access to products, elements, messages and/or services which are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, generally accepted morals and good practices, or to public order;
e) provokes or which might provoke an unacceptable state of anxiety or fear;
f) provokes or incites others to engage in practices which are dangerous, risky, or harmful for the health or mental stability;
g) is false, ambiguous, inaccurate, exaggerated, or unreasonable, in a way that induces or may be misleading in its purpose or intentions or purposes of the communicating party;
h) is protected by any intellectual or industrial property rights property of a third party, without the User having obtained prior authorization from its titleholders for such use;
i) violates corporate secrets of third parties;
j) is contrary to the right to honor, to personal and family privacy or to the person’s own image;
k) in any way undermines the good name of Service Provider or of third parties;
l) violates regulations governing the confidentiality of communications;
m) constitutes, where appropriate, illicit, misleading, or unfair advertising and, in general, constitutes unfair trade practices;
n) contains viruses or other physical or electronic components which may damage or hamper the normal functioning of the network, the system, or Service Provider’s IT equipment or that of a third party or which may damage electronic documents and files stored on the aforementioned computer systems;
o) because of its nature (such as file format, extension, etc.), may provoke difficulties in the normal operation of the Service or Contents.
2.3. Use of the Site by Minors
The access to and use of this Website is subject to being of legal age and in the event that you are a minor, you may access and use the website only when you have authorization and permission to do so from your parents or legal guardians. In other words, if you are a minor and do not have permission from your parents or legal guardians to access this Website, you CANNOT use our Website.
3.1. Links to third party sites and platforms
Where our Website (and, where applicable, social media profiles property of the Service Provider) features links to other sites, social networks and resources provided by third parties, via a range of different buttons, links, banners, or embedded content are displayed, the User expressly declares to understand that:
(i) these buttons, links, etc. are directly managed by third parties;
(ii) the Service Provider does not have the human or technical resources to know in advance and/or control and/or approve the information, content, products, or services provided by third-party owners of other websites or platforms to which links can be established on the Website; and,
(iii) the Service Provider cannot assume any type of responsibility for any aspect related to the platform or web page, social network, etc., to which a link may be established from our Website (or, where appropriate, from the social networking profiles owned by the Service Provider) specifically, and including but not restricted to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or, in general, any of the content offered therein.
The User expressly agrees to notify the Service Provider immediately, through the contact email address indicated in the opening section of these Terms and Conditions, if they become aware that the activities developed on websites or third-party platforms linked from the Website are illegal or contravene morality and / or public order. As soon as the Service Provider acquires effective knowledge of circumstances such as those described, it shall take the necessary actions to disable the link in question.
3.2. Links to the Website hosted on third-party websites or platforms
The Service Provider does not have the possibility or the means (human or technical) to know, control or endorse the information, content, products or services provided on third-party websites, as well as social networks that include links to the Website (or, where appropriate, to social network profiles managed by the Service Provider). Therefore, the User expressly waives their right to claim against the Service Provider for any aspect related to third-party websites or platforms in which links may be established to the Website (or, where appropriate, to the Service Provider’s profiles in any social networks) -in particular, including and not limited to, the User expressly waives their right to claim against the Service Provider with regard to 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 Service Provider does not authorize the inclusion of links to the Website (or, where appropriate, their profiles on social networks) on websites or platforms of third parties containing materials, information or illegal, illegal, degrading, obscene or in general, which contravene laws, morality or public order, or generally accepted social norms.
Users may establish links on their respective websites or profiles on social networks which link to the Website (or on their social networking profiles, where appropriate), provided they meet all the following conditions:
a) the link may not reproduce in any way the content of the Website or parts thereof;
b) the User cannot create a browser on the sections of the Website, or in any other way modify the Website, the Contents, or the Services (or, where applicable, the Service Provider’s social networking profiles);
c) Users are prohibited from making false, inaccurate, or incorrect statements or indications about the Website (or, where appropriate, their profiles on social networks) and/or, in particular, to declare or imply that the Service 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 in which said link is established;
d) the Website or profile on social network in which the link to the Website is established (or, where applicable, the Service Provider’s social networking profiles) shall not contain illegal information or content, which violates moral standards and generally accepted good customs and public order, nor shall it contain contents which breach any rights of third parties, including intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to one’s own image or any other right, or contents contrary to the regulatory norms regarding personal data protection; and,
e) the owner of the website or social media network profile in which the link to the Website (or, where applicable, the Service Provider’s social networking profiles) is established may not profit directly or indirectly from the inclusion of links to the Website (or, where applicable, the Service Provider’s social networking profiles).
3.3. Possibility to access channels and websites administered by the Service Provider from third-party sites or platforms (including social networks)
The Service Provider provides Users with the means to access its channels and webpages which it maintains on other platforms and social networking sites belonging to and/or administered by third parties via the tools, applications, and links (i.e. Facebook, Twitter, Instagram, LinkedIn, Vimeo etc.). These links are included on the Website for the sole purpose of facilitating User access to these channels on other platforms and social networks, (including, the Service Provider’s social networking profiles).
The User expressly declares that the establishment of these applications does not imply the existence of any relationship between the Service Provider and the owner, manufacturer or distributor of the platform beyond the Website, nor the acceptance or endorsement by the Service Provider of its contents and/or services, being the owner, manufacturer or distributor the sole party responsible.
The activation and use of these applications may involve the identification and authentication of the User (username/password) on third-party platforms, beyond the Website and beyond the control of the Service Provider. The User expressly declares that when accessing different platforms other than the Website, that they are entering an environment which is not controlled by the Service Provider, and as such, the User cannot claim responsibility derived from such access. Given that the Service Provider has no control over the content hosted on third-party platforms, the Service Provider expressly waives any responsibility for the content or services (or both) that the User can access on these third-party platforms. For this reason, the User expressly undertakes to exercise extreme caution in the assessment and use of the information, content and services existing on the linked platforms, and with regard to their own or third parties’ information that they wish to share on said platforms.
In no case shall the Service Provider share any type of confidential information of its users with social networks. Therefore, the User will decide, where appropriate, to share this information with third-party platforms, under their sole responsibility, without the intervention of the Service Provider.
4. Liability and guarantees
The Service Provider does not guarantee the availability and continuity of the functioning of the Website, the Services, or the Contents (nor of the social network profiles managed by the Service Provider, as the case may be). When reasonably possible, the Service Provider shall notify Users in advance of interruptions in the operation of the Website, Services or Content (and, where appropriate, profiles on social networks managed by the Service Provider). The Service Provider also does not guarantee the usefulness of the Website and the Services or the Contents for the realization of any specific activity, nor its infallibility and, in particular, including but not limited to, that the Users may effectively use the Website, the Services and the Contents, access the different web pages included as part of the Website or those from which the Services are provided or access the Contents.
The Service Provider cannot guarantee the reliability, usefulness, or veracity of the Contents, of the Services (or of their profiles on social networks, as the case may be), nor of Users’ publications, as the case may be. Consequently, the Service Provider does not guarantee nor is liable for, including but not limited to the following:
(i) the continuity of the Content or Services made available to Users;
(ii) the absence of errors in said Contents or Services;
(iii) the absence of viruses and/or other harmful components on the Website, social networks or on the server which supplies them;
(iv) the invulnerability of the Website and social networks and/or the impossibility of violating the security measures adopted therein;
(v) the lack of usefulness or performance of the Content, the Services, or the profiles on social networks, where applicable; and,
(vi) the damages caused to themselves or to a third party, by any individual who infringes the conditions, rules, instructions, or security systems that the Service Provider establishes on the Website.
Nevertheless, the Service Provider declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website (and, where appropriate, profiles on social networks managed by the Service Provider) and to minimize system errors.
The Service Provider does not guarantee the legality, reliability and usefulness of the contents provided by third parties via the Website (and, where appropriate, profiles on social networks managed by the Service Provider). If the User were to become aware of the existence of any content that may be illicit, illegal, unlawful, or which may involve a violation of rights of third parties, they must notify the Service Provider immediately, so that the appropriate measures may be taken.
The Service Provider shall not be liable for the veracity, integrity or updating of the information published on the Website (nor information published on social media network profiles), by sources other than itself or, as well as those contained on other platforms which are linked from the Website.
5. Intellectual and industrial property rights
The Website and its different elements (as well as, where appropriate, profiles on social networks managed by the Service 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 corporate secrets, of which the Service Provider is the exclusive or transferee owner with the required scope.
These Terms and Conditions do not imply the assignment or transmission to the User of any right over the Website, the Contents, the Services (or, as the case may be, on the corresponding profiles on social networks of the Service Provider), nor over any other elements. Therefore, in no case will it be understood that access, navigation and/or use of the Website by the User, nor the use of the Content or the Services offered through the Website imply a waiver, transmission, license or the total or partial assignment of said rights on behalf of the Service Provider.
The User is expressly forbidden from reproducing, distributing, transforming, publicly communicating, making available, extracting, reusing, resubmitting, or exploiting by any means and in any form the Website, the Contents and the Services, except in the cases in which it is legally permitted or with prior written authorization from the Service Provider. In this sense, the User expressly declares to understand that they are prohibited from downloading, reproducing, recording, sharing, distributing, publicly communicating, transforming, or altering the Services and the Contents in any way given that they only have authorization to view them on the Website.
The User may view the Contents (or, if applicable, those available in their profiles on social networks managed by the Service Provider) and use the Services for their exclusive personal and private use on their computer systems, provided that it is not for the purpose of developing activities of a commercial or professional nature and in no case for profit. The User must refrain from circumventing or attempting to circumvent any technological measures adopted by the Service Provider to restrict acts that do not have the authorization of the Service Provider or third-party holders of rights over protected works or services accessible via the Website (or, where applicable, the profiles on social networks managed by the Service Provider). The User undertakes to respect at all times all rights included in the Website, Services and Content (and, where applicable, on the corresponding profiles on social networks managed by the Service Provider), whether owned by the Service Provider or by third parties, and expressly assumes to hold the Service Provider harmless in relation to any liability arising from the eventual breach of the obligations or commitments assumed when accepting the Terms and Conditions.
If the User should become aware of the existence on the Website of any illicit, illegal, or any content contrary to the laws or which might entail an infringement of intellectual or industrial property rights or any other nature, they should notify the Service Provider immediately via the e-mail address indicated at the beginning of the Terms and Conditions, so that appropriate measures may be taken. Likewise, in the event that any User or a third party considers that any of the Website’s Content violates their intellectual or industrial property rights, as well as any other rights, they must send a communication to the aforementioned e-mail address, with the necessary documentation to back up said claim, and the entities responsible for the Web Website will provide a thorough response as soon as possible.
6.1. Data Controller
MEDIAPRODUCCIÓN S.L.U. (hereinafter “MEDIAPRO” or “Data Controller” or “Controller”), with registered address at Avenida Diagonal, 177-183, 12th floor, 08018, Barcelona with NIF B-60188752.
6.2. Purposes for which we will process the data, legal basis on which the processing is legitimate, category of data, retention periods
- Processing of personal data related to the management of the website.
Visiting the Website and browsing its different sections does not require you to provide any personal data or to register as an User. However, certain services may require users to register by providing certain personal information. We also remind you that cookies may be installed on your access device in accordance with the provisions of our Cookies Policy.
Category of personal data processed
Browsing the Website does not imply the collection of personal data, except as indicated in our Cookies Policy. If you send us a request via the contact form or contact us by phone, MEDIAPRO will process your voice, identification and contact details and any other information you provide us with.
If you contact us via email, contact form, or via telephone number, MEDIAPRO will process the personal data you provide us.
The legal bases of the processing of your data when you send us a request via the contact form and/or or contact us by email or phone, is the performance of a contract that the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
We will keep anonymized data for longer periods of time in order to carry out audiometries and analysis to improve our services.
- Execution of the contractual relationship with customers, suppliers, partners and any third parties.
Purposes of the processing
The personal data relating to the legal representatives, as well as those of third parties who may be designated as interlocutors by the legal persons or professionals with whom MEDIAPRO maintains a contractual relationship, will be processed by MEDIAPRO to carry out the management, development, fulfilment and control of the contractual relationship and the invoicing of the corresponding services. Likewise, MEDIAPRO may process such data and those of third parties designated for the provision and development of the services for the control and supervision of compliance with the applicable regulations and its Code of Conduct available at the following link https://ethics.mediapro.tv/. MEDIAPRO may also process personal data for professional contact purposes and to send you congratulations.
Category of personal data processed
In general, MEDIAPRO will mainly process identification and contact data (name, surname, e-mail and phone number) and, where appropriate, data relating to the function or position held. However, it may process any other data that may be necessary for the execution of the contractual relationship.
The legal basis for this processing is the performance of the contract and the legitimate interest of MEDIAPRO for professional contact.
Personal data shall be retained for the duration of the contract and for as long as liabilities may arise from the performance of the contract.
6.3. Data provided by third parties
MEDIAPRO asks Users to avoid communicating personal data of third parties through any system, application, medium or format. However, if for the management or performance of a contract, the legal entity or, where appropriate, the professional with whom MEDIAPRO maintains a contractual relationship communicates the data of one or more persons as an interlocutor in the terms set out in clause 2 “Execution of the contractual relationship with customers, suppliers, partners and any third parties”, such legal entity or professional must first comply with the obligations of information and obtaining consent or have another legal basis that legitimizes such communication.
6.4. Data recipients
MEDIAPRO has various service providers who may process your personal data in order to fulfill their contractual obligations with MEDIAPRO. 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) which may also process the data for the Group’s internal administrative management on the basis of legitimate interest.
Users’ personal data may also be communicated, by virtue of a legal provision, to Tax Authorities, Data Protection Supervisory Authorities (e.g. the Spanish Data Protection Agency) and/or the State Security Forces and Corps, Judges and Courts if it is required.
6.5. Individual rights. Withdrawal of consent. Data Protection Officer
Users have the following rights in relation to their personal data:
- Right of access to personal data or right to contact the data controller to find out whether or not the data controller is processing their personal data and, if the data controller is processing the data, the right to obtain, among others, the following information: (i) a copy of the personal data; (ii) purposes of the processing; (iii) categories of personal data concerned; (iv) the recipients or categories of recipients to whom the personal data have been or will be disclosed, —in particular, the recipients in third countries international organizations—; the retention period for storing the personal data or, where this is not possible, the criteria for determining how long the data will store it.
- Right to have inaccurate personal data rectified or completed if it is incomplete (for which the User must indicate the data concerned and the correction to be made, and provide supporting documentation with the request, where necessary).
- Right to object, in certain circumstances, to the processing of the User’s personal data by the data controller, for example when the User’s personal data is processed to send commercial communications.
- Right to erasure the User’s personal data or right “to be forgotten”, which allows Users to ask the data controller to erase their personal data in the following circumstances, among others: (i) the personal data is no longer necessary for the purpose which data controller originally collected or processed it for; (ii) User withdraws the consent for the processing of the personal data and there is no other reason justifying further processing by the controller; (iii) whether the data of the User 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.
- Right to restrict processing of the User’s personal data, which allows the User to ask the data controller:
- the restriction of the processing of its personal data — when the User contest its accuracy or in cases in which he has opposed the processing, under certain conditions—; or
- the retention of the data for a specific period—when the processing is illegal and the User opposes the deletion, but requests the limitation of the processing, or when the person in charge no longer needs this data for the purposes of the processing, but the User does, to raise claims or defend himself—.
- The User’s right not to be subject to automated individual decisions making based solely on the processing of the User’s personal data, which means that the User is entitled to request not to be subject to a decision based solely on the processing of its personal data, including profiling, which produces legal effects on the User or similarly significantly affects him or her. This right does not apply where such decisions are necessary for the conclusion or performance of a contract between the User and the data controller, or where the processing of the data is based on the prior consent of the User.
- Right to withdraw the consent. If the legal basis for the processing is the consent, the User has the right to withdraw or revoke consent 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.
- Postal mail: MEDIAPRO, Avenida Diagonal 177-183, 12ª Planta, 08018, Barcelona.
- Email: email@example.com. (this email address is only intended for questions related to data protection, so any other unrelated question or query will not be answered).
In both cases, we ask you to indicate the following as a reference: “Ref. Data Protection – MEDIAPRO”.
Notwithstanding the foregoing, MEDIAPRO may reject those applications of rights that are unfounded or excessive.
In addition to the above, you have the right to file a complaint with the Spanish Data Protection Authority (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.
7. Cookies Policy
In any case, we inform you that the Provider is responsible for the Cookies and for the processing of the data obtained through its own Cookies and those of third parties, deciding the purpose, content and use of the processing of the information collected.
7.1 Definition and uses of cookies.
Cookies are small text files that are store don a user’s device when they visit websites. They can be used, for example, to recognize you as a user, obtain information about your browsing habits or personalize the way content is displayed.
Our specific uses of these technologies are described below.
7.2 Information on the type of cookies we use and their purpose.
The Website uses the following cookies:
Technical cookies: These allow the user to browse the Website and use the different options or services offered. These are essential for the operation of the Website, allowing access to the different functions that it has. These cookies are necessary for the operation of the website and therefore cannot be deactivated.
Analytical cookies: These allow us to quantify the number of users and thus perform the measurement and statistical analysis of the use made by users of the service offered. For this purpose, your navigation on our website is analyses in order to improve the products or services we offer you. These cookies will be deactivated by default.
- These are the third party providers
· Google Analytics
- Purpose: Google Analytics is a web analytics tool that uses cookie information to analyze the number of visitors and views on our website, average time spent on the site, average number of pages viewed by each user, geographic and social-demographic reports (depending on lenguaje, location, internet service provider, mobile device, etc.).
- Duration: 2 years
7.3 Setting of cookies used on the website.
7.4 How to prevent the installation of cookies?
Your browser can be set to automatically reject cookies. In these links, you will find the necessary information to carry out this configuration.
7.5 International transfers.
7.6 Configuration of cookies on other platforms.
Like computer browsers, mobile devices browsers allow you to make changes to your privacy options or settings to disable or delete cookies.
If you want to change your privacy options, follow the instructions specified by your mobile browser developer.
Below you will find some examples of link that will guide you to modify the privacy setting on your mobile device:
8. Changes to these Terms and Conditions
The Service Provider reserves the right to modify these General Terms & Conditions and those of the Website as deemed necessary, without prior notification, being entitled to modify, delete, or add both Contents and Services provided, as well as the way in which these appear presented or located.
The Service Provider may terminate, suspend or interrupt the provision of the Website service and/or any of the Services, as well as access to the Website’s Contents unilaterally and at any time, without prior notification, and without the User being entitled to claim compensation from the Service Provider for such actions. Therefore, the User expressly accepts that this right of the Service Provider exists and, for explanatory purposes, expressly waives any claims for damages that may be brought against the Service Provider due to the actions listed under this section.
Failure on behalf of the Service Provider to exercise or execute any right or provision contained in these Terms and Conditions shall not constitute a waiver thereof, unless expressly acknowledged and agreed in writing by it.
9. Applicable legislation and jurisdiction
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