LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE eSPORTS PENYES APP

 


I. GENERAL INFORMATION

In compliance with the duty of information set out by Law 34/2002 of 11 July on information society and e-commerce services (LSSI-CE in Catalan), the general information details of this app are given below:

The eSports Penyes app is owned by FC BARCELONA SUPPORTERS’ CLUBS WORLD CONFEDERATION (CMP in Catalan), with registered address at Carrer Arístides Maillol, s/n, Barcelona, which is registered in the Associations Register of the Government of Catalonia’s Office of Rights and Legal Entities under No 766 and holding tax ID No G-66522640.

 

II. PURPOSE OF THE MOBILE APP

eSports Penyes is a mobile app that aims to provide a meeting point for all users who have an interest in Futbol Club Barcelona, the supporters’ club movement and e-sports.

 

III. GENERAL TERMS AND CONDITIONS OF USE

Object of the conditions

The object of these general conditions of use (hereinafter referred to as the Conditions) is to regulate access to and use of the eSports Penyes app. The access and subsequent use of this platform by the user implies express, full and unreserved compliance with these Conditions. If the user does not agree with the content of these Conditions, he/she will have to leave the platform and will not be able to access or use its services.

Access to the platform by the user is free and is generally without any charge, the user not having to provide a fee to be able to use it, except for the cost of the telecommunications network connection from the access provider contracted by the user. The platform can be used upon registration of the user. The user can enter, edit, manage and update information and, at the same time, have access to information published by other users.

The CMP reserves the right to modify, at any time and without prior notice, the presentation, configuration and use of the platform and the contents and services it may include. The user acknowledges and accepts that the CMP may interrupt, deactivate and/or cancel any of the elements on the platform at any time. It can also prevent access to content by informing the user about the changes, providing that circumstances allow it, or by publishing on the platform.

 

IV. USE OF THE APP

To use the app, the user may be asked to create or update an account and for certain personal information. Information provided through the app is subject to the privacy policy. 
To create an account and access eSports Penyes, the user must be 14 years old and not be prohibited to use the app.

If the user is under the age of 18, one of the parents or guardians must review and accept the conditions; by using the app, it is confirmed that the parents or guardians have reviewed and accepted the agreement.

The CMP reserves the right to restrict the availability of some content of the app to users under 18 years of age.

In the event of any inconsistency between this agreement and the privacy policy, these conditions will take precedence. In the event that you post a question or answer, you are solely responsible for your communications, the consequences of posting them, and your confidence in any communication made in public areas. Neither the CMP nor its licensors are responsible for the consequences of any communication that is made in public spaces. As a condition of using the app, you hereby state that you agree not to use the app for any purpose prohibited by this agreement. You assume responsibility for all your activity related to the app and must comply with all local, state, national and international legislation and regulations and any applicable regulatory code. You agree that if you take any of the following actions, you will be in breach of this agreement to a significant degree. You MUST NOT:

  • a. resell, rent, lease, sublicense, distribute or transfer rights to the app;
  • b. modify, reverse engineer, decompile, or disassemble the app;
  • c. copy, adapt, alter, modify, translate or create products derived from the app without the written permission from the company;
  • d. allow others to use the app, such as sharing over a network connection, except as set out in the terms of this agreement;
  • e. circumvent or disable any feature or technological measure of the app to protect intellectual property rights;
  • f. use the app by or in conjunction with any device, program, or service designed to circumvent technological measures used to control access to, or the rights to, a content archive or other product protected by copyright laws in any jurisdiction;
  • g. use or access the app to compile data in a way that is used or usable by a competitor’s product or service;
  • h. use your account to advertise, solicit or transmit commercial advertising, which includes chain letters, spam, or repetitive messages to anyone;
  • i. use your account to engage in illegal conduct;
  • j. upload communications that infringe or violate the rights of another party;
  • k. upload communications of any kind that contain expressions of hatred, abuse, images or offensive conduct, obscenity, pornography, explicit sex or content that may result in civil or criminal liability under applicable law or regulations, or that may conflict with this agreement and with the company’s privacy policy; or
  • l. upload any material that contains software viruses or any other type of computer code, files or programs designed to interrupt, destroy or restrict the functionality of any computer software or this website.

Any such prohibited use will be grounds for immediate revocation of your license to use the app.

 


V. PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, the CMP undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate for the risk of the data collected.

Laws incorporated by this privacy policy

This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet, in accordance with the following standards:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
  • Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights (LOPD-GDD in Catalan).
  • Royal Decree 1720/2007 of 21 December, by virtue of which the Development Regulation of Organic Law 15/1999 of 13 December on the protection of personal data (RDLOPD in Catalan) is approved.
  • Law 34/2002 of 11 July on information society and e-commerce services (LSSI-CE in Catalan).

 

Identity of the personal data controller

The controller of the personal data collected by the CMP is: FUTBOL CLUB BARCELONA SUPPORTERS’ CLUB WORLD CONFEDERATION (CMP), with registered address at Carrer Arístides Maillol, s/n, Barcelona, which is registered in the Associations Register of the Government of Catalonia’s Office of Rights and Legal Entities under No 766 and holding tax ID No G-66522640 (hereinafter also referred to as the Controller).

Its contact details are as follows:
Address: Arístides Maillol, s/n, Barcelona
Contact email: activitats@confederaciopenyesfcb.cat


Data protection officer (DPO)

The data protection officer (DPO) is responsible for ensuring compliance with the data protection regulations applicable to the CMP. The user can contact the DPO designated by the data controller using the following contact details: 

dpo@confederaciopenyes.cat


Registration of personal data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data obtained by the CMP will be incorporated into our files and will be processed in order to facilitate, expedite and comply with the commitments set out between the CMP and the user; to maintain the relationship set out in the forms to be filled out or to respond to a request or query. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR is applicable, a register of processing activities shall be kept, specifying the processing activities carried out and other circumstances set out by the GDPR, according to the purposes thereof.


Principles applicable to the processing of personal data

The processing of the user’s personal data will be subject to the following principles set out in Article 5 of the GDPR:

  • Principle of lawfulness, loyalty and transparency: the user’s consent will be required at all times, with prior and completely transparent information on the purposes for which the personal data are collected.
  • Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
  • Principle of data minimisation: the personal data collected will be only strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always up to date.
  • Principle of limitation of the retention period: personal data will only be kept in order to be able to identify the user for the time necessary for the purposes of processing.
  • Principle of integrity and confidentiality: personal data will be processed in such a way as to guarantee their security and confidentiality.
  • Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are met.


Categories of personal data

In terms of categories of data, the CMP only processes identifiable data. In no case are special categories of personal data processed, within the meaning of Article 9 of the GDPR.

 

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. The CMP undertakes to collect the express and verifiable consent of the user for the processing of his/her personal data for the various specific purposes.

The user has the right to withdraw his/her consent at any time.  

 

Purposes of the processing of personal data

Personal data may be used for the following purposes: 

  • To analyse, operate, maintain and improve the app; to add new features and services to the app, to support existing app features.
  • To customise the content and materials you view when using the app.
  • To provide and deliver requested products and services, process transactions, and send you related information, such as confirmations and reminders.
  • To customise product and service offers alongside tailored recommendations, such as third-party products and offers.
  • To verify your identity when required by law.
  • To send you technical warnings, updates, security notifications, and help or administrative messages.
  • For collections (invoicing), account management and other administrative purposes, if applicable.
  • To answer your comments, questions and requests and provide you service.
  • To monitor and analyse trends, usage and activities in relation to our app.
  • Exclusively, in relation to the information you agree to share.
  • To link or combine with information we obtain from third parties or from you to help us understand your needs and provide you an improved service. 
  • For any other purposes that we disclose when we collect personal data or any other purposes set out in this privacy policy.


Personal data retention periods

- When using the app

We will retain your personal data for as long as your account remains active or as long as necessary to provide you with services, and only while you comply with the data processing purposes of this privacy policy. You may delete your personal data at any time, in accordance with this privacy policy.

- When you stop using the app

If you choose to delete the app or deactivate your account, or if your account remains inactive for a while, we will retain your personal data for a reasonable period of time in the event that you decide to reactivate the services. The app covers different periods of the life cycle of users; for this reason, in some cases it is necessary to retain your data to ensure a smooth experience with the other functions of the app.

Please note that we may retain some of your personal data and other information after closing or deleting your account, in an aggregated and anonymous format. We reserve the right to use your information contained in the aggregated data after closing your account. However, we will ensure that this information cannot be used to identify you personally. We will also retain your personal data as necessary to comply with legal obligations, resolve disputes or implement our agreements.


Recipients of personal data

In the event that the data controller intends to transfer personal data to a third country or an international organisation, the user will be informed about the intended third country or international organisation at the time the personal data is obtained.

 

Personal data of minors

Subject to the provisions of Article 8 of the GDPR and Article 13 of the RDLOPD, only those over the age of 14 may give their consent to the lawful processing of their personal data by the CMP. In the case of children under 14, consent from their parents or guardians will be required for processing and will only be considered lawful if authorised.

 

Secrecy and security of personal data

The CMP undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate for the risk of the data collected, so as to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, retained or processed in another way, or any unauthorised communication or access to such data.

The app or platform has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially so that the transfer of data between the server and the user, and vice versa, is fully encoded or encrypted.

However, since the CMP cannot guarantee the impregnability of the internet or the total absence of hackers or other people who fraudulently access personal data, the data controller undertakes to notify the user without undue delay when there is a breach of the security of personal data which is likely to pose a high risk to the rights and freedoms of individuals. Pursuant to the provisions of Article 4 of the GDPR, a breach of the security of personal data is understood as any security breach that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, retained or processed in another way, or any unauthorised communication or access to such data.

Personal data will be treated as confidential by the data controller, who undertakes to inform and guarantee that this confidentiality is respected by its employees, associates and any person to whom the information is made accessible by means of a legal or contractual obligation.


Rights derived from the processing of personal data

With regard to the CMP, the user has the following rights, recognised in the GDPR, which can be exercised via the data controller:

  • Right of access: the user has the right to obtain confirmation of whether or not the CMP is processing his/her personal data and, if so, to obtain specific information on the personal data and the processing carried out or being carried out by the CMP, as well as the information available on the origin of this data and the recipients of implemented or planned communications.
  • Right of rectification: the user has the right to modify inaccurate or incomplete personal data, taking the purposes of processing into account.
  • Right of deletion (“right to be forgotten”): the user has the right, unless the current legislation provides otherwise, to delete his/her personal data when they are no longer necessary for the purposes for which they have been collected or processed; when the user has withdrawn his/her consent to the processing and no other legal basis is available; when the user opposes the processing and there is no other legitimate reason to continue it; when the personal data has been illegally processed; when the personal data must be deleted in compliance with a legal obligation, or when the personal data has been obtained due to an offer of information society services directly to a child under 14 years of age. In addition to deleting the data, the data controller, taking into account the available technology and the cost of the app, must take reasonable steps to inform the controllers who are processing the personal data of the request of the interested party to delete any link to such personal data.
  • Right to restrict processing: the user has the right to restrict the processing of his/her personal data. The user has the right to restrict processing when he/she challenges the accuracy of his/her personal data; when the processing is illegal; when the data controller no longer needs the personal data but the user needs them to make claims, and when the user has objected to the processing.
  • Right to data portability: in the event that the processing is carried out by automated means, the user has the right to receive his/her personal data from the data controller in a commonly used structured format which is machine readable, and to transfer them to another data controller. Whenever technically possible, the data controller should transmit the data directly to the other controller.
  • Right of opposition: the user has the right to prevent the processing of his/her personal data or to stop the processing of such data by the CMP.
  • Right not to be subject to a decision based solely on automated processing, including profiling: the user has the right not to be subject to an individualised decision based solely on the automated processing of his/her personal data, including profiling, unless otherwise provided by current legislation.

The user may exercise his/her rights by means of a written notification addressed to the data controller with the reference dpo@confederaciopenyes.cat specifying the following:

  • The user’s name, surname and copy of the national ID document. In cases where representation is accepted, it is also necessary to identify the person representing the user, as well as the document accrediting the representation. The photocopy of the national ID document can be replaced by any other legally valid means that proves identity.
  • Request with the specific reasons for the request or information to be accessed.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that supports the request you make.

The request and the attached documents can be sent to the following address and/or email:

Postal address:
Arístides Maillol s/n, 08028 Barcelona
Email: activitats@confederaciopenyesfcb.cat

 

Complaints to the supervisory authority

In the event that the user deems that there is a problem or a breach of current regulations in terms of the way in which his/her personal data are being processed, he/she has the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the state of his/her habitual residence, place of work or place of the alleged offence. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos, http://www.agpd.es).


Acceptance and changes to this privacy policy

The user must have read and comply with the personal data protection conditions in this privacy policy, and also accept the processing of his/her personal data so that the data controller can access them in the time periods and for the purposes indicated. Use of the app implies acceptance of the privacy policy.

The CMP reserves the right to modify its privacy policy in accordance with its own criteria or due to a legislative, jurisprudential or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this privacy policy will be explicitly notified to the user.

This privacy policy was updated on the 25th of November 2020 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights (LOPDGDD).

 


VI. INTELLECTUAL AND INDUSTRIAL PROPERTY

The CMP, by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the app, as well as of the elements contained therein (as an example and not limited thereto: images, sound, audio, video, software or texts, trademarks or logos, colour combinations, layout and design, selection of materials used, computer programs necessary for it to work, be accessed and used, etc.). Consequently, they are works protected as intellectual property by the Spanish legal system. Both Spanish and regional regulations on this field as well as international treaties relating to the matter and entered into by Spain are applicable to them.

All rights reserved. Pursuant to the provisions of the Spanish Intellectual Property Act, the reproduction, distribution and public release, including the method of release used, of all or part of the content for commercial purposes, in any format and via any technical means, are expressly prohibited without authorisation from the CMP.

The user undertakes to respect the intellectual and industrial property rights of the CMP.  

In the event that the user or third party considers that any of the content of the app breaches intellectual property protection rights, he/she must immediately notify the CMP using the contact details in the general information section of this legal notice and general conditions of use.

 

VII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

The CMP reserves the right to file any civil or criminal actions it deems necessary due to the improper use of the app or non-compliance with these Conditions.

The relationship between the user and the CMP will be governed by current regulations applicable in Spanish territory. In the event of any dispute arising in connection with the interpretation and/or application of these Conditions, the parties shall submit their disputes to ordinary jurisdiction and shall submit to the judges and courts of Barcelona.

 

 

Last modified: 25th of November 2020