In accordance with the data protection regulations in force, when browsing this website, as well as when contacting us by any other means of communication offered by this website owned by FUNDACIÓN UTÓPIKA, we inform you that you become a user of the system for the treatment of FUNDACIÓN UTÓPIKA,. Therefore, we inform you that your personal data will be collected and included in the processing system of our ownership.

The purpose of this Privacy Policy is to regulate the processing of personal data, in accordance with the requirements of the regulations in force. To this effect, FUNDACIÓN UTÓPIKA declares that it is firmly committed to protect your privacy and the integrity of your data, as well as to comply with the provisions of European and national data protection regulations, adopting, for this purpose, all appropriate and reasonable security measures.

In order to provide complete, clear, transparent and accessible information to the user and owner of the data, FUNDACIÓN UTÓPIKA informs the following:

1. GENERAL INFORMATION ABOUT THE FOUNDATION

This web site is owned by FUNDACIÓN UTÓPIKA with NIF G-16989576 and registered office at c/ Milanesado, nº 33, 1º, 2ª, 08017 Barcelona, and registered under number 3253 in the Register of Entities of the Department of Justice of the Generalitat de Catalunya.

That is Delegate of Data Protection (DPO) GABINETE MARTINEZ COMIN, S.A., with NIF A08649782, with professional address in c/Aribau, 191-193, 1º 2ª, 08021 Barcelona, with e-mail of contact to the effects of developing this funcióncompliance@fundacionutopika.comy with telephone number 933.90.97.20.

1. PURPOSE OF DATA PROCESSING

 

FUNDACIÓN UTÓPIKA, as Data Controller, will process your personal data for the following purposes:

1. To provide a solution and/or response to the requests you make through the contact forms or any other channel we make available to you.

1. To manage the donations you make through this website. You can consult the specific Privacy Policy for Donations in the following link: compliance@fundacionutopika.com.

1. For marketing purposes. We inform you that, when you have given your consent through the form available on the website, FUNDACIÓN UTÓPIKA may use your data for the sending of electronic communications with information relating to and which may be of interest to you with respect to the foundation. If you wish to stop receiving commercial, promotional or informative communications from us, we inform you that you can request cancellation of the service by sending an e-mail indicating BAJA to: compliance@fundacionutopika.com or by clicking on the link provided in the email itself.. Also, in case of consent, we may process your data for the purpose of market segmentation in order to execute commercial actions more in line and consistent with the specific interests of each stakeholder group, so that you may receive commercial communications more tailored to your interests.

In addition, your data may also be processed for:

• Improve our website, personalising the experience.
• Measuring the use of our website.
• To monitor to prevent fraud or misuse of our website.
• To provide an effective response to an official request from a public or judicial authority or other purpose imposed by law.

1. LEGITIMISATION OF DATA PROCESSING

The processing of your data may be based on: (i) compliance with our legal obligations, (ii) the safeguarding of our legitimate interests (to continue to ensure that we carry out a lawful, reliable and sustainable project, to respond to user requests and enquiries submitted through this website by providing them with the requested information, and to monitor and improve the performance of our website) or in (iii) the consent of the data subject who is the data subject.

1. DATA RETENTION PERIOD OR CRITERIA

The personal data provided by the user and included in the processing system shall be kept for as long as the relationship with the entity is maintained and the data subject does not request the deletion of his/her data from said system. Therefore, the data will be kept for the time necessary to fulfil the purpose(s) for which they have been collected. 

Thus, your data will be kept for the following periods, depending on the different purposes of the processing:

Para dar solución y respuesta a las solicitudes que realice a través del formulario de contacto u otro canal que pongamos a su disposición. We will process your data for as long as necessary to deal with your request.

To manage the donations you make through this website. The applicable retention periods can be found in the specific Donations Policy in the following link link.

For marketing purposes. We will process your data until you unsubscribe or revoke your consent.

However, your data may be retained beyond these periods, if so stipulated by law or by public authorities.

1. ORIGIN AND NATURE OF THE DATA

The data we ask you for in the different forms on our website are adequate, relevant and strictly necessary for the specific purpose of each particular case. Under no circumstances is it obliged to provide them. The obligatory data are specified on the form itself, and your refusal to provide them will mean that we will not be able to process your request.

The personal data we collect through this website come from the owner of the data and are necessary to interact with the user and interested party, who undertakes to provide truthful, updated and error-free information. Likewise, the interested party undertakes to notify to UTÓPIKA FOUNDATION, as soon as possible, all modifications and rectifications that may occur in your personal data, by contacting the following e-mail address:  compliance@fundacionutopika.com

Information may also be received by third parties through cookies and other technologies, which helps us to correct or supplement our records, to improve the quality of the services we provide to you and to prevent and detect fraud.

The data that will be obtained by accessing our website are as follows:

• Identifying data that you provide to us on the basis of the forms and other means of contact made available to you.
• Information about your browser and device.
• Data and statistics relating to your use of our website.
• Other information you provide to us when using our website or enabled emails.

Social network

Our website includes a functionality to allow the exchange of information between the user and FUNDACIÓN UTÓPIKA through Facebook, Instagram, LinkedIn, Twitter y Youtube. These social networks may collect and use data relating to your use of our website. 

On the other hand, any personal data you provide on such social networks may be collected and used by other members of that social network, and such interactions are governed by the data protection policies of the companies providing that service. 

We also inform you that if you register or log in to a social network that is not owned by us and contact us by this means, we will include your personal data in our processing system. This collection is justified by the existence of an authorisation granted by the social network user himself/herself to the social media provider, which allows us to obtain his/her name and e-mail address, depending on the type of authorisation he/she has given to the social network provider and the privacy settings he/she has previously set. Therefore, please review the privacy policy of the relevant service before contacting us via a social network.

1. RECIPIENTS OF THE DATA 

ADDRESSEES WITHIN THE EUROPEAN ECONOMIC AREA (EEA)

FUNDACIÓN UTÓPIKA, informs you that the personal data that make up the processing system of your ownership may be shared with other entities, service providers, located in the territory of the EEA, provided that this communication of data is necessary for the proper performance of our activities and for full compliance with the purposes of the processing described in the second section of this Privacy Policy. 

ADDRESSEES OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

The personal data contained in our processing system will not be subject to international transfers, i.e. they will not be communicated to recipients outside the EEA. 

If, in the future, the services of providers located outside the EEA are required in order to be fully effective in fulfilling our contractual obligations, we undertake to inform you of such a change in the circumstances of the processing. We will also ensure that these providers comply with the applicable data protection requirements and that appropriate measures are taken to fully protect your data before, during and after the transfer. 

Finally, we inform you that, under no circumstances, your data will be transferred to third parties for commercial use  

1. YOUR RIGHTS

FUNDACIÓN UTÓPIKA, informs you that, in view of the processing of your personal data detailed above, you, as the data subject and owner of the data, may exercise the following rights:

•    The right to request information about processing.
•    Right to request access to personal data.
•    The right to request its rectification.
•    The right to request the restriction of processing.   
•    Right to object to processing.
•    The right to revoke the consent given at any time.
•    The right not to be subject to automated individual decisions.
•    Right to data portability.
•    Right to erasure of your data.

In order to exercise the above rights, the request may be made via the following e-mail address:  compliance@fundacionutopika.com, or by post to the following address:

FUNDACIÓN UTÓPIKA(REF. DATA PROTECTION)

c/ Aribau, nº191, 1º 2ª, 08021, Barcelona.

Likewise, we inform you that, in the event that you consider that your rights regarding the protection of your personal data have been violated, especially when you have not obtained satisfaction in the exercise of such rights, you may file a complaint with the competent Supervisory Authority (in the case of Spain, the Spanish Data Protection Agency -AEPD-).

1. COOKIES POLICY

FUNDACIÓN UTÓPIKA, uses data storage and retrieval devices (cookies) of a necessary, preferential, analytical, statistical and marketing nature, once it has obtained the user’s consent to do so, through the pop-up message that appears on your screen at the time of the first connection. You can find more details about the use of cookies on this website, as well as modify or revoke your consent, at Cookie policy.

1. PRIVACY POLICY SPECIFIC TO DONATIOS

In the event that you wish to make a donation through the form available on this website, we inform you that the specific Privacy Policy for Donations will apply, which can be consulted at the following link: [●]. Your data will be processed for the purpose of managing the donation. Please note that you must consent to this Privacy Policy specific to Donations before you can make a donation.

1. FURTHER INFORMATION

FUNDACIÓN UTÓPIKA, takes reasonable and necessary measures to ensure the protection of your personal data, in order to prevent any breach of security or unauthorised access. However, as it is impossible to state the absolute security of a system, we recommend that you regularly check your devices and take personal security measures to protect your Internet browsing.

Finally, we inform you that this Privacy Policy may be subject to future modifications, in order to remain permanently adapted to the regulations in force in this area and to give a true and transparent image of our personal data processing system.

PRIVACY POLICY SPECIFIC TO DONATIOS

Specific Personal Data Protection Policy for donations, which must be accepted in order to be able to make the donation.

In accordance with the provisions of (i) in Articles 13 and 14 of 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 and repealing Directive 95/46/EC (General Data Protection Regulation), (ii) in Article 11 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and (iii) in Articles 32 and 32 bis of Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism, you are hereby informed of the following points:

DATA CONTROLLER

1º. That the Data Controller is FUNDACIÓN UTÓPIKA (hereinafter, “the Controller”), with Tax Identification Number G-16989576, with registered office at c/Milanesado, nº 33, 1º, 2ª, 08017 Barcelona and registered under number 3253 in the Register of Entities of the Department of Justice of the Generalitat de Catalunya, with the following e-mail address for the purposes of data protection: compliance@fundacionutopika.com and with telephone number 933.90.97.20, one of its legal representatives being Juan Diego de Olano Gavín, with DNI 46148123A.

DATA PROTECTION OFFICER (DPO)

2º. That the Data Protection Officer (DPO) is GABINETE MARTINEZ COMIN, S.A., with NIF A08649782, with professional address at c/Aribau, 191-193, 1º 2ª, 08021 Barcelona, with e-mail contact for the purpose of carrying out this function. compliance@fundacionutopika.com and with telephone number 933.90.97.20.

PURPOSES OF PROCESSING

3º. That the purposes of the processing of personal data are or may be: (i) to enable the free provision of funds or resources in favour of the Controller (hereinafter, Purpose 1), (ii) in all cases, compliance by the Controller with the obligations established in Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing (hereinafter, “AML/CFT Law”) and its implementing regulations (hereinafter, Purpose 2), (iii) making the necessary arrangements for the donor to benefit from the corresponding tax deductions, only if this has been requested and provided that the requirements are met (hereinafter, Purpose 3), (iv) the sending of advertising and/or informative information on the activity of the Data Controller, only in the event that prior, express and specific consent has been given by the data subject (hereinafter, Purpose 4); and (v) to enable the treatment of data for the purpose of segmenting the market in order to execute commercial actions in a way that is more in line and consistent with the specific interests of each group of data subjects, so that the data subject may receive commercial communications that are more in line with his or her interests, only in case of prior, express and specific consent of the data subject (hereinafter, Purpose 5).b, Purpose 5).

4º. That Purpose 2 responds to the fact that the Controller is an obliged subject of the AML/CFT Law, by virtue of Article 2.1, letter x). Its obligations in this respect include (i) the identification and verification of the identity of all persons providing funds or resources free of charge in an amount equal to or greater than  EUR 100, (ii) the application of procedures to ensure the knowledge of its counterparties, including their appropriate professional background and the integrity of the persons responsible for their management, (iii) inform SEPBLAC (the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences) of facts that may constitute an indication or evidence of money laundering or terrorist financing, or                (iv) Collaborate with the Commission for the Prevention of Money Laundering and Monetary Offences and its support bodies.

5º. That the Foundation will not use the personal data collected for purposes other than those foreseen herein.

LEGITIMACY

6º. That the legal basis for the processing of personal data or the lawfulness of the processing of personal data lies in the fact that (i) in the case of Purpose 1, on the consent given by the data subject to the processing of his or her personal data for one or more specific purposes (Article 6(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), as well as on the need to execute and implement the grant, (ii) in the case of Purpose 2, in compliance with a legal obligation applicable to the Data Controller (art. 6.1(c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), (iii) and, in the case of Purposes 3, 4 and 5, on the consent given by the data subject to the processing of his or her personal data for one or more specific purposes (Art. 6(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016). 

7º. That, in the event that the personal data requested are not provided, (i) in the case of Purpose 1, the donor may not make a gratuitous contribution of funds or resources in favour of the Controller, (ii) in the case of Purpose 2, the donation may not be made, (iii) in the case of Purpose 3, no arrangements may be made to enable the donor to benefit from the relevant tax deductions, where this has been requested, and provided that the requirements are met, (iv) in the case of Purpose 4, advertising and/or informative information on the activity of the Data Controller may not be sent to the e-mail address indicated, in the event that prior, express and specific consent has been given by the data subject to do so, and (v) in the case of Purpose 5, the data may not be used for the purpose of market segmentation if the data subject has given his/her prior, express and specific consent to do so.

8º. That, in the case for Purpose 2, in accordance with the aforementioned legal basis, the data subject’s consent is not required for the processing of personal data, nor is such consent required in the event of any communication of personal data to the competent authorities. 

NATURE AND ORIGIN OF THE DATA

9º. That the categories of personal data processed relate or may relate mainly to identification data and financial data. 

10º. That personal data shall not be subject to a decision based solely on automated processing, which produces legal effects on the data subject or similarly significantly affects him or her in a similar way.

RIGHTS OF THE DATA SUBJECT

11º. the data subject may exercise their rights of access, rectification, limitation of processing, portability, opposition, suppression and withdrawal of consent at any time by sending their request to the postal address c/Aribau, nº 191-193, 1º 2ª, 08021 Barcelona, or by email to compliance@fundacionutopika.com. No obstante, el interesado no podrá ejercer uno o varios de tales derechos en el supuesto de que colisionen con el cumplimiento de las obligaciones legales impuestas al Responsable. In the event of a collision, the Person in Charge shall merely draw your attention to this fact. This is without prejudice to the right of the data subject to lodge a complaint with the competent supervisory authority if he/she deems it necessary.

RECIPIENTS OF THE DATA

12º. That the recipients of the personal data are or may be, as the case may be, in accordance with the stated purposes of the processing, (i) financial institutions, (ii) other service providers, such as consultancies, IT service providers and marketing service providers (iii) the Protectorate, (iv) the Commission for the Monitoring of Terrorist Financing Activities, (v) the Commission for the Prevention of Money Laundering and Monetary Offences (hereinafter “the Commission”), (vi) SEPBLAC, (vii) any other Commission support body other than SEPBLAC, (vii) any competent authority, other than the above, requesting the Controller to disclose certain personal data, including disclosure for law enforcement purposes in the course of a criminal investigation; and (viii) the State Agency for Tax Administration (Agencia Estatal de Administración Tributaria). You are also informed that personal data may be shared with entities other than those mentioned above that are directly or indirectly linked to the Controller in cases of compliance with a legal obligation or for internal management purposes.

13º. That the Controller will not carry out international transfers of personal data, i.e. that the Controller will not communicate personal data from Spanish territory to recipients established in countries outside the European Economic Area (the countries of the European Union plus Liechtenstein, Iceland and Norway). In the event that such international transfers are necessary, the Controller shall inform the data subject in advance and shall ensure that the relevant processors take the necessary technical and organisational measures for the protection of personal data.

DATA RETENTION PERIODS

14º. That the Controller shall keep the data subject’s personal data for the following periods: (i) in the case of Purpose 1: for the duration of the relationship with the Controller and for the duration of the statute of limitations of the different actions that may correspond to the parties, (ii) in the case of Purpose 2: in accordance with the provisions of Articles 39 and 25 of the GDPR, the Controller will retain the personal data for a period of 10 years, after which time the data will be deleted. After 5 years from the end of the donation relationship, the personal data retained shall only be accessible by the internal control body of the Controller and, where appropriate, by those responsible for its legal defence, (iii) in the case of Objective 3: for the time necessary to make the necessary arrangements for the donor to benefit from the relevant tax deductions, as well as for 4 years, in case it is necessary to make the necessary arrangements for the donor to benefit from the relevant tax deductions, as well as for 4 years, in case it is necessary to make the necessary arrangements for the donor to benefit from the relevant tax deductions. claims to the Spanish Tax Administration Agency, and (iv) in the case of Purposes 4 and 5, as long as the data subject does not withdraw his/her consent.