Legal Notice & Privacy Policy

LEGAL NOTICE AND GENERAL CONDITIONS

I. GENERAL INFORMATION

In compliance with the duty of information provided for in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided

The ownership of this website, ondiversity.eu / diversity.gg, (hereinafter referred to as the Website) is held by ON DIVERSITY Limited España, hereinafter referred to as DIVERSITY, with Intracommunity Tax Identification Number ESW0022479J.

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter referred to as the Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, Web Site shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter referred to as Content) and all those services or online resources that it may offer Users (hereinafter referred to as Services).

DIVERSITY reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time DIVERSITY may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Content or Services of the Web Site may be made by means of the User’s prior subscription or registration.

The User

Access, browsing and use of the Website confers the status of User, and therefore, from the moment you start browsing the Website, you accept all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with, as the case may be. Given the relevance of the above, the User is recommended to read them each time he or she visits the Web Site.

The DIVERSITY website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• A use of the information, Content and/or Services and data offered by DIVERSITY without being contrary to the provisions of these Conditions, the Law, morality or public order, or which in any other way could imply damage to the rights of third parties or to the very functioning of the Website.
• The veracity and legality of the information provided by the User in the forms provided by DIVERSITY for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify DIVERSITY of any fact that allows the improper use of the information registered in said forms, such as, but not limited to, the theft, loss or unauthorised access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

  The mere access to this Website does not imply the establishment of any type of commercial relationship between DIVERSITY and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this DIVERSITY Website is not directed to minors. DIVERSITY declines any responsibility for non-compliance with this requirement.

The Website is mainly addressed to Users resident in Spain. DIVERSITY does not warrant that the Website will comply with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or navigate the Website, he or she does so at his or her own risk, and must ensure that such access and navigation complies with the local legislation applicable to him or her, and DIVERSITY shall not assume any responsibility that may arise from such access.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND RESPONSIBILITY

DIVERSITY does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. DIVERSITY will do everything possible for the good functioning of the Website, however, it is not responsible nor does it guarantee that access to this Website will not be uninterrupted or that it will be free from error.

Nor does it take responsibility or guarantee that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). Under no circumstances will DIVERSITY be responsible for loss, damage or harm of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

DIVERSITY is also not responsible for the damages that may be caused to users due to an inadequate use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, DIVERSITY undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
• Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007, of 21 December, which approves the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
  
  

Identity of the person responsible for processing the personal data

The controller of the personal data collected at ondiversity.eu / diversity.gg is ON DIVERSITY Limited España, with VAT number ESW0022479J, registered with address at Apartado de Correos 59, 28500 Arganda del Rey (Spain).

Identity of the person responsible for processing the personal data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by DIVERSITY through the forms on its pages will be incorporated and processed in our files in order to facilitate, speed up and fulfil the commitments established between DIVERSITY and the User or to maintain the relationship established in the forms that the User fills in, or to attend to a request or consultation of the same. Likewise, in accordance with that provided in the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD is applicable, a register of processing activities is maintained that specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles, as set out in article 5 of the RGPD:

• Principle of legality, loyalty and transparency: the User’s consent will be required at all times, after being informed in a completely transparent manner of 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 minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
• Accuracy principle: personal data must be accurate and always updated.
• Principle of limitation of storage time: personal data will only be kept in such a way as to allow identification of 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 complied with.
  
  

Categories of personal data

The categories of data processed on diversity.gg are only identifying data. In no case are special categories of personal data treated within the meaning of article 9 of the RGPD.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. DIVERSITY undertakes to obtain the express and verifiable consent of the User for the processing of his or her personal data for one or more specific purposes.

The User shall have the right to withdraw his/her consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawal of consent shall not condition the use of the Website.

On the occasions when the User must or may provide his or her data through forms to make enquiries, request information or for reasons related to the content of the Web Site, he or she will be informed if the completion of any of these forms is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the treatment to which the personal data are destined

Personal data are collected and managed by DIVERSITY in order to facilitate, speed up and fulfil the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills in or to attend to a request or consultation.

Likewise, the data may be used for commercial purposes of personalisation, operational and statistical purposes, and activities related to the corporate purpose of DIVERSITY, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

When personal data are obtained, the User shall be informed of the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be made of the information collected.

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 5 years, or until the User requests its deletion.

At the time the personal data are obtained, the User will be informed of the period during which the personal data will be kept or, where this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, at the time the personal data are obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

In accordance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by DIVERSITY. In the case of a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered licit to the extent that they have authorised it.

Secrecy and security of personal data

DIVERSITY undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to avoid the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted in a secure and confidential manner, as the transmission of data between the server and the User, and in feedback, is fully encrypted or unencrypted.

However, since DIVERSITY cannot guarantee the inexpugnability of the Internet or the total absence of hackers or others who access personal data in a fraudulent manner, the Data Controller undertakes to inform the User without undue delay when a violation of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.

The personal data will be treated as confidential by the data controller, who undertakes to inform of and to ensure by means of a legal or contractual obligation that such confidentiality is respected by his employees, associates, and any person to whom he makes the information accessible.

Rights arising from the processing of personal data

The User has over DIVERSITY and may, therefore, exercise against the Responsible for the processing the following rights recognised in the RGPD

• Right of access: This is the right of the User to obtain confirmation as to whether or not DIVERSITY is processing his or her personal data and, if so, to obtain information about his or her specific personal data and the processing that DIVERSITY has carried out or will carry out, as well as, among other things, information available about the origin of such data and the recipients of the communications made or planned.
  
  
• Right of rectification: This is the right of the User to have his or her personal data modified if they are found to be inaccurate or, taking into account the purposes of the processing, incomplete.
  
  
• Right of suppression (“the right to forget”): This is the right of the User, provided that the legislation in force does not stipulate otherwise, to obtain the deletion of his or her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other legal basis; the user opposes the processing and there is no other legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a person under 14 years of age. In addition to the deletion of the data, the data controller must, taking into account the available technology and the cost of its implementation, take reasonable steps to inform the data controllers who are processing the personal data of the data subject’s request for the deletion of any link to those personal data.
  
  
• Right to limit processing: This is the right of the User to limit the processing of his or her personal data. Users have the right to obtain limitation of processing when they contest the accuracy of their personal data; the processing is unlawful; the data controller no longer needs the personal data, but the user needs it to make a claim; and when the user has objected to the processing.
  
  
• Right to the portability of data: Where processing is carried out by automated means, the User shall have the right to receive from the Data Controller his personal data in a structured, commonly used and machine-readable format and to transmit them to another Data Controller. Wherever technically possible, the data controller will transmit the data directly to that other controller.
  
  
• Right to object: This is the user’s right not to have his or her personal data processed or to have the processing of such data by DIVERSITY stopped.
  
  
• Right not to be subject to a decision based solely on the automated processing, including the creation of profiles: This is the right of the User not to be subject to an individualised decision based solely on the automated processing of his or her personal data, including the creation of profiles, unless otherwise provided for by law.
  
  

Users may therefore exercise their rights by writing to the Data Controller with the reference “RGPD-DIVERSITY”, specifying

• Name, surnames of the User and a copy of the ID card. In those cases where representation is admitted, it will also be necessary to identify by the same means the person representing the User, as well as the document proving the representation. The photocopy of the ID / DNI may be replaced by any other legally valid means of proof of identity.
  
  
• Request with the specific reasons for the request or information you wish to access.
  
  
• Address for notification purposes.
  
  
• Date and signature of the applicant.
  
  
• Any document that accredits the request made.
  
  

This request and any other attached document may be sent to the following address and/or e-mail:

• ON DIVERSITY Limited España
  Legal Department
  Apartado de Correos 59
  28500 Arganda del Rey
  Spain
  
  
• Email: [email protected]
  
  

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way his or her personal data is being processed, he or she shall be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he or she has his or her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Controller can proceed in the same way, during the periods and for the purposes indicated. The use of the Web Site will imply the acceptance of the Privacy Policy of the same.

DIVERSITY reserves the right to modify its Privacy Policy, according to its own criteria, or due to a change in legislation, jurisprudence or doctrine of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are recommended to consult this page periodically to keep up to date with the latest changes or updates.

This Privacy Policy was updated on 1 January 2019 to adapt to Regulation (EU) 2016/679 of the European Parliament and Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD) and to Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD).

V. COOKIES POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User – in the different devices that can be used to navigate – so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

Cookies are automatic procedures for collecting information relating to the preferences determined by the User during his/her visit to the Web Site in order to recognise him/her as a User, and personalise his/her experience and use of the Web Site, and may also, for example, help identify and resolve errors.

Information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site and the sites visited just before and just after the Web Site. However, no cookie allows the cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to become part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the use of cookies requires the consent of the user. This consent will be communicated, based on an authentic choice, offered by means of an affirmative and positive decision, before the initial processing, which can be removed and documented.

Own cookies

Cookies are those that are sent to the User’s computer or device and managed exclusively by DIVERSITY for the best operation of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow the recognition of the User as a recurrent visitor of the Website and to adapt the content to offer him/her content that is adjusted to his/her preferences.

Third Party Cookies

Cookies are used and managed by external entities that provide DIVERSITY with services requested by the latter to improve the Website and the user’s experience when navigating the Website. The main objectives for which third party cookies are used are to obtain access statistics and to analyze navigation information, that is, how the User interacts with the Website.

The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User accesses, the number of Users who access, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Website, and to detect new needs in order to offer Users optimum quality Content and/or service. In any case, the information is collected anonymously and Web Site trend reports are prepared without identifying individual users.

The entity(ies) in charge of supplying cookies may pass on this information to third parties, provided that this is required by law or that a third party processes this information for these entities.

Disabling, rejecting and deleting cookies

The User can disable, reject and delete the cookies – totally or partially – installed on his/her device through the configuration of his/her browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – totally or partially – you may continue to use the Web Site, although you may be limited in the use of some of its features.

Changes to the Cookie Policy

It is possible that the Web Site’s Cookie Policy will change or be updated, so it is recommended that the User reviews this policy each time he or she accesses the Web Site in order to be properly informed about how and what we use cookies for.

VI. LIAISON POLICY

The User or third party who makes a hyperlink from a web page of another, different, website to the ondiversity.eu / diversity.gg Website should be aware that:

• It is not permitted to reproduce – totally or partially – any of the Contents and/or Services of the Website without the express authorisation of DIVERSITY.
  
  
• No false, inaccurate or incorrect statement about the DIVERSITY website, nor about the Content and/or Services of the same is allowed.
  
  
• With the exception of the hyperlink, the website where such hyperlink is established shall not contain any element of this website, protected as intellectual property by Spanish law, unless expressly authorised by DIVERSITY.
  
  
• The establishment of the hyperlink shall not imply the existence of a relationship between DIVERSITY and the owner of the website from which it is made, nor the knowledge and acceptance by DIVERSITY of the content, services and/or activities offered on that website, and vice versa.
  
  

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

DIVERSITY, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (by way of illustration and not exhaustive, images, sound, audio, video, software or texts, brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Consequently, the works will be protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the means of making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, is expressly prohibited without the authorisation of DIVERSITY.

The User agrees to respect the intellectual and industrial property rights of DIVERSITY. He/she may view the elements of the website or even print them, copy them and store them on the hard disk of his/her computer or on any other physical support as long as it is exclusively for his/her personal use. The User, however, may not remove, alter or manipulate any protection device or security system that was installed on the Website.

In the event that the User or third party considers that any of the Content of the Website involves a violation of intellectual property protection rights, he/she must immediately notify DIVERSITY through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

DIVERSITY reserves the right to bring any civil or criminal actions it deems necessary for the improper use of the Website and its Contents, or for the breach of these Conditions.

The relationship between the user and DIVERSITY will be governed by the regulations in force and applicable in Spain. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction of the corresponding judges and courts in accordance with the law.

Last modification: 1 December 2022