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© 2018 INDY PRODUCCIONES AUDIOVISUALES SL

Privacy Policy

1. Information regarding entity responsible for processing data

Name: INDY PRODUCCIONES AUDIOVISUALES S.L. (“INDY” or “service provider”)

Address: General Álvarez de Castro, 41 local 15 28010 Madrid 

Spanish Tax Identification Code Number: B84214410

Channel and means for contacting Data Protection Delegate: to contact the INDY Data Protection Delegate, the User can contact the address indicated in this section or by email at lopd@INDY.es, using the reference (Ref: Data Protection) in the message subject line.

2. Information and consent for the processing of personal data on the Website

Generally, people who use the Website do so without having to provide any personal data. However, in certain cases Users are required to provide specific personal data to access the Services. INDY guarantees the confidentiality of personal data provided by Users, pursuant to the Personal Data Protection regulations.

In this regard, users are informed that the data they send to INDY will be included in a file, property of INDY, in order to respond to User queries and requests and, if Users have given their consent, to send commercial information by telematic media regarding INDY contents and products, or companies belonging to the same business group, as well as third-party sponsors and/or collaborators.

If you have expressly consented to the sending of commercial communications, INDY informs the User that they will be able to unsubscribe from these communications, following the instructions which appear in the footer of all our emails.

Furthermore, personal data provided may be communicated to Tax Authorities, Controlling Bodies in matters of data protection (e.g.: the Spanish Data Protection Agency), State Security Forces, Judges and Courts if required or necessary.

3. Information and consent for processing of personal data derived from the use of Social Networks

If the User registers on the INDY websites and mobile devices using their ID for Facebook, Twitter, or any other Social Network, provided that INDY makes said option available to Users, the User therefore grants their explicit consent for the processing of their personal data. If the User does not agree with these terms, they must refrain from registering on the INDY websites and mobile phones using their IDs for Facebook, Twitter, or any other Social Networks.

However, the collection and use of information that Facebook, Twitter and other third parties collect about the User is governed by their corresponding privacy policies.

Furthermore, the User must take into account that any information published or disseminated via Social Network profiles managed by INDY will become public information and will be available to individuals visiting these sites and the general public. This means that the Users of the Sites and, if applicable, INDY Social Media located in any country in the world and with a universal nature, may access your information. In this regard, Users are urged to exercise the utmost care and diligence when disclosing personal information or any other information on these Sites.

In addition, User data shared with and/or published on Social Networks managed by INDY shall be processed for the following purposes (i) to allow access and navigation to the Contents and Services offered by INDY via said Social Networks (ii) allow participation in forums and opinion polls (iii) allow and manage User participation in competitions, promotions, programs, series, draws or any other initiative carried out by INDY, either by itself or in collaboration with third parties, to manage the promotion of winners, as well as the awarding of possible prizes (iv) to allow the sending of information or commercial communications related to series, programs, contests, competitions, activities or services related to INDY or to companies belonging to the INDY Group (v) to moderate the use which the User makes of the Sites, Applications and Social Networks property of INDY (vi) as well as to report any misuse, where appropriate, or to process complaints that may be received from third parties.

For the abovementioned purposes, your personal data, including the contents you publish, as well as, where appropriate, your image and/or voice, may be communicated to: (i) other INDY Group companies Tax Authorities, Controlling Bodies in matters of data protection (e.g.: the Spanish Data Protection Agency), the State Security Forces, Judges and Courts, if required or if necessary (iii) in case the initiative, contest, promotion, etc., for which data is collected, is associated with a specific program, initiative, contest, series, etc., to the television networks, or in general, to providers of audiovisual communication services such as the companies which broadcast the program, initiative, contest, series, etc.

By sharing the aforementioned content, participants in these initiatives, contests, draws, programs, promotions, series, etc., produced or co-produced by INDY, hereby consent to the use, reproduction, public communication, making available, distribution, transformation, worldwide and without restriction in time, by INDY, of the name, the published content, and, where appropriate, image and/or voice, in any type of publication, including television and the Internet, or any other medium regardless of its nature, without reimbursement of any kind for the participant and without the need to pay any fee.

Participants also guarantee the ownership and control of the rights to said texts, audio recordings, photographs, videos or any other content that may have been sent, and ensure that it does not infringe any rights of image, honour, intellectual and/or industrial property, or any other kind of third party rights, and adheres at all times to data protection regulations, and agree to respond to INDY or to third parties, for any damages that may be caused as a result of breach of the foregoing statements.

Becoming a follower of the social networks that INDY may manage implies the acceptance of this Privacy Policy and, without prejudice to the policies, conditions or terms of competitions, which in each particular case, may regulate their use and which shall be duly notified by INDY.

4. Information and consent to process personal data derived from the use of WhatsApp

User participation in the initiatives, promotions, competitions, draws, series, programs, etc., which INDY produces or co-produces, via the sending of WhatsApp messages entails that the user grants their explicit consent for the processing of its personal data by to manage said participation pursuant to the terms indicated in this Privacy Policy.

However, the collection and use of any User information by WhatsApp is governed by their corresponding privacy policies.

Personal data provided by Users through WhatsApp, such as telephone number, WhatsApp profile, as well as texts, audio recordings, photographs or videos which may be sent to the numbers managed by INDY, will be processed by the latter for the following purposes (i) to allow participation in forums and opinion polls (ii) to allow and manage participation in contests, promotions, programs, draws or any other initiatives carried out either by INDY  itself or in collaboration with third parties, to manage the promotion of winners, as well as the delivery of possible prizes (iii) to allow the sending of information or commercial communications related to series, programs, contests, competitions, activities or services related to INDY or to companies of the INDY Group (iv) to moderate the use made by the User of the Sites, Applications and, where appropriate, Social Network profiles of INDY as well as to report abuse, where appropriate, or to process complaints that may be received from third parties.

For the above purposes, your personal data, including the contents that the User may have shared for their participation, including, but not limited to, texts, audio recordings, photographs or videos as well as, where appropriate, their image and/or voice, may be communicated: (i) to other companies of the INDY Group, Tax Authorities, Monitoring Bodies in matters of data protection (e.g.: the Spanish Data Protection Agency), State Security Forces and Bodies, Judges and Courts if required or necessary (iii) as well as, in case the initiative, contest, promotion, etc., for which data is collected, is associated with a specific program, initiative, contest, series, etc., to television networks or in general, to audiovisual communication service providers, such as those broadcasting the program, initiative, contest, series, etc.

By sending the corresponding contents, participants in the initiatives, contests, promotions, etc., produced or co-produced by INDY, hereby consent to the use, reproduction, public communication, making available, distribution and transformation of said contents, including the texts, audio recordings or videos, worldwide and without limitation in time, by INDY, of the name, the published content, including texts, audio recordings or videos, and, where appropriate, image and/or voice, which the user may have shared, in any type of publication, including television and Internet, or any other nature of media whatsoever, without reimbursement of any kind for the participant and without the need to pay any fee.

Participants also guarantee the ownership and control of the rights over the texts, audio recordings, photographs, videos or any other content that they may send, which does not infringe any third-party’s rights of image, honor, intellectual and/or industrial property, or of any other kind, ensuring that data protection regulations are adhered to at all times, and agree to respond to INDY or to third parties, for any damages that may be caused as a result of breach of the foregoing statements.

5. Security measures

INDY informs you that it has implemented the necessary technical and organizational security measures to ensure the security of your personal data and prevent alteration, loss and processing and/or unauthorized access thereto, given the status of technology, the nature of stored data and the risks to which they are exposed, whether said risks are from human action or from the physical or natural environment. INDY performs ongoing maintenance, supervision, control and evaluation of the processes to ensure data privacy.

6. Data retention and preservation period

In general, INDY will retain Users’ personal data during the period necessary to fulfilL the purposes described in this Privacy Policy, unless the law establishes or permits a longer period.

Website User data shall be preserved by INDY, while Users are registered and once they have unsubscribed from services, in order to address possible liability arising from the processing thereof, until the prescription period of said data, at which time, Website title holders shall proceed to the deletion of said data.

The information provided to INDY, via profiles on Social Networks, the data, images and any contents that could be published therein, shall be preserved on said INDY profiles as long as the User does not request their withdrawal or elimination using the tools available for such purpose from each Social Networking site.

Any personal data the User may have provided for contests, promotions, programs, series, draws, or any other initiative carried out by INDY, as well as for the delivery of possible prizes, shall also be preserved until the prescription period for addressing any possible liability or responsibility arising from the processing thereof, at which time, INDY shall proceed to the deletion of said data.

However, if the User, by virtue of their participation, has assigned the corresponding exploitation rights to INDY, we hereby inform you that in relation to the intellectual property rights, as established in Royal Legislative Decree 1/1996, dated April 12, which approves the revised text of the Intellectual Property Law: 

  • (a) The general term covering exploitation rights of the work is that of the author’s lifetime plus seventy years after their death.

  • (b) The exploitation rights of collaborative works, including cinematographic and audiovisual works, shall last for the lifetime of the co-authors plus seventy years from the death or certification of death of the last surviving co-author.

  • (c) The term of the exploitation rights granted to producers of the first fixation of an audiovisual recording shall be fifty years, with effect from January 1 of the year following its execution. However, if, within said period, the recording is lawfully disclosed, said rights will expire fifty years after disclosure, with effect from January 1 of the year following the date on which said disclosure occurs.

  • (d) The term of exploitation rights granted to the authors of photographs lasts for twenty-five years with effect from January 1 of the year following the date the photograph or reproduction is produced.

  • (e) In the case of musical compositions with lyrics, exploitation rights shall last the entire life of the author of the lyrics and of the composer of the musical composition plus seventy years from the death or declaration of death of the last survivor, provided that their contributions were created specifically for the respective musical composition with lyrics.

Therefore, in the event that the User has granted the rights to exploit works or content subject to intellectual property rights, INDY is entitled to conserve information relative to the User which enables them to demonstrate that it is the legitimate transferee of the exploitation rights over said works or contents, as long as they do not become part of the public domain, by virtue of the terms or duration previously established or any others established by Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law.

7. Exercise of rights of access, rectification, opposition, deletion, limitation of treatment and, where appropriate, portability

Users may contact INDY, in order to exercise their rights of access, rectification, opposition, deletion, limitation of processing and, where appropriate, portability with respect to the data included in their files.

To do so, please send written communication with the reference (Ref. Data Protection) in which the corresponding request is made to the following address: INDY,  Or, send the same documentation by e-mail to the address: lopd@indy.es

8. Data provided by third parties

INDY requests that Users refrain from communicating personal data of third parties via any system, application, medium or format. However, in the course of said communication with INDY as well as audiovisual material, audio recordings, photographs, texts or in general any other content submitted by the User for subsequent dissemination, including, but not limited to, on the Website, programs, series, competitions, or any other initiative produced or co-produced by INDY or third parties, television channels, or any audiovisual communication service providers, personal data may be included by Users to which they are not the titleholders, the User guarantees that they have informed said persons of the ends set out in the foregoing paragraphs and have obtained their consent in compliance with data protection regulations, confirmed as given when the user accepts these conditions.

The User shall be liable to INDY or to third parties for any damages that may be caused as a result of the breach of the foregoing provisions.

9. Data veracity, accuracy and updating

The data provided by the User must be true, accurate, complete and updated. In case of any modification and/or changes to any of the existing data in our database, in particular, that relating to the contact persons, we kindly request you inform us of this situation in order to implement the necessary update.

 

Applicable legislation and jurisdiction

The relationship established between the User and INDY shall be governed by Spanish law. However, for those cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction, the User and INDY expressly waive any other jurisdiction that may apply, hereby agreeing to submit any disputes and/or litigation to the Courts of the city of Madrid.

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