LEGAL TERMS AND CONDITIONS FOR "THE CULERS WALL"
1. Ownership of the domain www.fcbarcelona.com
Pursuant to Act 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), users are informed that the owner of this domain is Fútbol Club Barcelona (hereinafter FC BARCELONA or CLUB), with registered office at Arístides Maillol Avenue, s/n, 08028 Barcelona, with Spanish Tax Identification Code (CIF) G-08266298, included in the Register of Sports Entities of the Generalitat of Catalonia as a sports club as no. 2,590, Volume 2, Folio 295 of the Sports EntitiesRegistration Book.
2. Purpose and scope
Through its website, FC BARCELONA is promoting an action or functionality titled “The Culers Wall”, aimed at all users of the CLUB website who wish to participate in accordance with the terms and conditions established herein. The aforesaid action shall enable the interested user to participate in the action by leaving their comment on any of the topics proposed by the CLUB (e.g. encouraging the team for a particular match, commenting on a result, talking about a player or the FC BARCELONA team, etc.).
For the above purposes, in the case of underage participants, their participation in the action must always and under all circumstances be supervised by the person who is their legal guardian (parent, guardian, custodian, etc.). Therefore, pursuant to the foregoing, FC BARCELONA understands that the corresponding and mandatory consents and authorisations (acceptance of the legal terms and conditions, requirements for participation and collection and processing of personal data, litigation, etc.) shall be deemed undertaken for all effects and without reservations by the persons who hold their representation, guardianship or custodianship, on their behalf, and FC BARCELONA is exempted from any liability in this regard.
3. Authorisationfor use of personal data
a) DATA CONTROLLER: Your data shall be processed by FutbolClub Barcelona, located at CarrerArístides Maillol s/n, 08028, Barcelona and with Spanish Tax Identification Number (NIF) G-08266298.
b) PURPOSES: The data shall be processed for the purpose of managing your participation in the action named “The Culers Wall”, as well as to publish your comment, name and town/city of residence should the FC BARCELONA department in charge of the matter decide to use your comment for publication on the CLUB website, on its social networks and/or third party payment channels.
c) COMMUNICATION OF DATA: Your data shall not be transferred, sold, rented or made available in any other way to any third party, except to those which supply services to FC BARCELONA, which perform certain activities for the CLUB, but that in no case shall process the data for their own purposes.
d) AUTOMATED DECISIONS AND CREATION OF PROFILES: For some services, we may process your personal data using automated methods. This means that certain decisions are made automatically without human intervention. For example, we may segment you depending on whether you have any interest in certain sports sections of FC BARCELONA, or use our services, such as free Wi-Fi on our premises.
We may also create a profile by analysing your behaviour on the web, showing you products that may be of interest to you, based on the preferences you have shown through your browsing, or information obtained through cookies.
e) INTERNATIONAL TRANSFERS: FC BARCELONA as an international organisation, has international suppliers that may provide their services from outside the EU, so it is possible for users’ data to be processed outside the European Union or the European Economic Area (for example, data storage, management of requests for information or member services, etc.).
In any case, the CLUB will ensure that this data processing is always protected with the appropriate guarantees, which may include:
- Standard EU approved clauses: These are contracts approved by the European regulator, and which provide sufficient guarantees to ensure that the processing complies with the requirements of the European General Data Protection Regulation.
- Third party certifications: For example, Privacy Shield, the framework agreement between the EU and the United States that establishes a standardized framework for data processing according to the requirements of the European General Data Protection Regulation.
f) DURATION OF THE PROCESSING AND CONSERVATION OF THE INFORMATION: All data provided in order to take part in the action called “The Culers wall”shall continue to be processed until the finalisation of the specific topic proposed by the CLUB. The enddate of each topic shall be the same as that of publication by FC BARCELONA of the comment, at its sole and exclusive criteria, that is most interesting for each topic in question.
After the deadlines indicated above, FC BARCELONA will keep the duly anonymised data for statistical or market research purposes, whenever possible, or it shall be duly blocked to comply with any legal obligation of the CLUB.
g) EXERCISE OF YOUR RIGHTS: At any time you may revoke your consent to any of the uses of data indicated above.
However, you may exercise your rights of access, rectification, deletion, opposition, limitation or portability through written communication addressed to Carrer Aristides Maillol, S/N, 08028, Barcelona (Spain), with the reference “Personal Data”, or by email to email@example.com
If you have any questions, doubt or claim about the way we process your personal data you may contact our Data Protection Officer by email to firstname.lastname@example.org, or by post mail to Carrer Aristides Maillol, S/N, 08028, Barcelona (Spain). In the event the Data Protection Officer does not answer within a reasonable period of time (2 months) you may file a claim before the Spanish Data Protection Authority.
4. Terms and conditions of use
All persons interested in participating in the action “The Culers Wall”, regardless of their status as members of FC BARCELONA, must meet the requirements detailed below:
a) Choose the topic proposed by FC BARCELONA and leave a comment.
b) State their name and their town/city of residence.
c) A file will be created containing all correctly registered users, regardless of the language in which said registration is made.
For said purposes, the user must provide their own, correct, truthful and lawful information regarding the requested data. The user shall be solely responsible for any false or imprecise statements made. Therefore, FC BARCELONA shall not be held liable for the veracity and accuracy of the data provided by the participating user.
Comments that may be an affront to sensitivity or that include inappropriate content shall not be accepted, pursuant to the sole and exclusive criteria of FC BARCELONA. The user’s participation in the “The Culers Wall” action does not guarantee that their comment will be published on the CLUB website, which shall select only those comments that, at its sole and exclusive criteria, are most interesting for each topic in question.
5. FCBARCELONA disclaimer
FC BARCELONA shall not be liable for any breach of the terms and conditions set forth herein by the participating users, or for the use of the services and contents accessible via the website. Any damages that may be caused by the impersonation of a third party by a user in any communication made through the website shall be the responsibility of the person who published the same, since the CLUB does not control the authenticity of the contents or the information provided by participating users.
6. Acceptance of legal conditions
Participation in the “The Culers Wall” action implies the express and complete acceptance without reservation of:
a) these legal terms and conditions.
b) the mechanics and entry requirements.
c) the use and processing of the participants’ personal data under the terms set forth herein.
In the event of participation by minors in the “The Culers Wall” action, this shall always be with the consent of their parents and/or guardian or custodian of legal age.
7. Intellectual property of comments
The participating user authorises the CLUB to disclose, reproduce, distribute, translate to any language and/or publicly communicate their comments sent through any channel, media or support, whether they are his/her own or belong to third parties in the territory of the world and for an indefinite period.
8. Applicable legislation and jurisdiction
These legal terms and conditions shall be governed by the applicable Catalan, Spanish or international law.
In the event that any conflict or discrepancy arises in the interpretation or application of these legal terms and conditions, the courts or tribunals that, where appropriate, will investigate the matter, shall be those competent jurisdictions provided for in applicable legislation, which as this is a case of end consumers, shall be in the place of compliance with the obligation or the user’s legal residence.
In the event that the user’s legal residence is outside of Spain, or if the matter consists of a sale made by a company, both parties expressly waiver any other jurisdiction that may correspond to them and the case shall be heard at the Courts and Tribunals of Barcelona, Spain.