1. The entity
1.1. The Spanish General Society of Authors and Publishers
The owner of this website is the SOCIEDAD GENERAL DE AUTORES Y EDITORES (SPANISH GENERAL SOCIETY OF AUTHORS AND PUBLISHERS) (hereinafter, "SGAE"). SGAE is a civil association, authorised as an entity for the management of intellectual property rights by the Ministry of Culture Order of 1 June 1988. SGAE operates in the territory of the Kingdom of Spain and extends its activities abroad; it is registered on the National Register of Associations of the Ministry of the Interior under number 82.089 and has Tax ID number G/28029643. Its address is in Madrid, at calle Fernando VI, number 4, postal district 28004.
The operation of SGAE is governed by the provisions of its Statutes and by the provisions of Royal Legislative Decree 1/1996, of 12 April, approving the Revised Text of the Intellectual Property Law, by Law 5/1998, of 6 March, of incorporation into Spanish law Directive 96/9/EC of the European Parliament and of the Council on the Legal Protection of Databases, which amends it, by Organic Law 1/2002, of 22 March, regulating the Right of Association. As regards data protection, SGAE is governed by the provisions of 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 and by which repeals Directive 95/46/EC (GDPR), and any implementing legislation.
The main purpose of the SGAE is the protection of the author, the publisher and other rights holders through the effective management of property rights whose administration they have conferred. SGAE also carries out other related tasks for the main purpose such as:
a) The promotion of support activities or services for the benefit of the members.
b) The cultural promotion of works for the dissemination and revaluation of social repertoire.
c) The defence of the moral rights of its members.
2. The website
2.1. Aims and end users
This website provides access to a range of services offered by SGAE, the main end users being authors, publishers, rights-holders, customers or licensees, etc. However, this website is also a communication tool that allows those who are not partners or customers, to access or learn about the services or activities that SGAE undertakes.
2.2. Access to services
This website provides access to a range of services offered by SGAE relating to the management and exploitation of intellectual property rights and other rights granted to SGAE. The website provides information on fees, licensing models, information on copyright fraud, information on repertoire and settlements, legislation, jurisprudence, doctrine and bibliography on intellectual property, information on the holding of courses, seminars, conferences, congresses, scholarships, awards, book publishing, etc. The website also provides information on: online training, hosting of web pages, obtaining e-mail accounts, etc. provided by SGAE.
2.3. Website Administration
LThe headquarters from which the SGAE website is administered and managed is located in the Autonomous Community of Madrid, Spain. The technological infrastructures that support the SGAE website are located in Spain.
3. Rules of use
3.1. Purpose and acceptance
The main purpose of this document is to regulate the conditions of use of the services, personal data and contents included on the SGAE website. Those who freely access or register on the SGAE website are obliged to abide by them. Access and navigation of the Website implies the acceptance of this Legal Notice.
3.2. Unauthorised conduct
Those who access the SGAE website must scrupulously observe the applicable legislation, ethical codes, collective agreements, rules of use of the website, etc. According to these, any user of the website will refrain from any conduct that implies:
a) Defaming, slandering or libeling people.
b) Denigrating products or services produced or provided by companies or entities.
c) Disseminating computer viruses through e-mail that damage computer programmes or affect content, support or systems.
d) Removing technical protection from programmes.
e)Incorporating content of any kind for which they do not have the corresponding intellectual and industrial property rights, including the rights of exploitation and especially the right of public communication.
f) Disseminating xenophobic or pornographic content.
g) Voluntary or involuntary disclosure of passwords to others.
h) Allowing the use of passwords by anyone other than the holders.
i) Using trademarks, logos, etc., without proper authorisation.
j) Publishing content protected by patent, official or trade secrets legislation.
k) Using the contents of the website for commercial purposes.
l) Associating the contents of the SGAE website with information of a pornographic nature, relating to any type of exploitation, of a racist nature or linked to terrorism or arms trafficking.
m) Separating the images included in the pages of the website from the text.
n) Amending, publicly communicating, distributing, assigning, reproducing or modifying the contents of the website, unless the legal exceptions can be used.
s) Using the content that is displayed with reference to reserved rights without the corresponding authorisation.
o) Failure to comply with the technical requirements or specifications established for access to the website
3.3. Suspension of the provision
The operation of the SGAE website is based on servers belonging to SGAE or service providers connected by means of public and private communications infrastructures. Access to the SGAE website may be suspended for technical reasons or for reasons of force majeure, such as: a) Electricity supply or telephone network failures, b) Virus attacks on the servers that support the website, c) Errors by Users accessing the website, d) Fires, floods, earthquakes, e) Strikes or labour disputes, f) Military conflicts. These causes, which are enumerated but not limited to, are unforeseeable or inevitable, foreseen or foreseeable. SGAE is exonerated from any type of liability arising from the foregoing situations.
3.4. Cancellation and User cancellation
Registration of Users on the SGAE website is free. Its use must be in accordance with the conditions set out in this document. Failure to comply with these conditions will permit SGAE to cancel the User's subscription or suspend or cancel the provision of the service requested or provided.
4. Intellectual property
4.1. Types of content
The content included in this website are published in the form of news, book reviews, reports, jurisprudence analysis, doctrinal articles, legislative repertoire, interviews, answers to frequently asked questions, photos and images, training programmes, statistical tables, graphs, bases of calls for prizes or grants, etc. This content is generated by SGAE, other entities related to SGAE or external suppliers as appropriate. SGAE undertakes to do its utmost to ensure that the information is correct, although it cannot guarantee the absence of errors.
Also, the website may provide other content such as trademarks, logos and other distinctive signs, designs, etc.
4.2. Legal protection
The content included on the SGAE website is protected by Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, as well as, where applicable, by the rules on industrial property, unfair competition and other regulations that may apply. This content is the property of SGAE or this accounts for the corresponding licenses and/or authorisations on the intellectual and industrial property exploitation rights.
Under no circumstances shall it be understood that the access, navigation and use of the Website by the user implies a waiver, transfer, licence or total or partial transfer of these rights by SGAE or third-party owners. When accessing the website, the user acquires the right to use the contents of the website within a domestic environment while using it, and only for the purpose of enjoying the services offered in accordance with this Legal Notice.
Use of references to trademarks or registered trade names, logos or other distinctive signs, whether owned by SGAE or by third parties, is implicitly prohibited without the consent of SGAE or its legitimate owners. At no time, unless expressly stated otherwise, does access, browsing or use of the website or its contents confer any rights on the user on distinctive signs included therein.
All intellectual and industrial property rights over the contents of the website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the same, for public or commercial purposes, without the prior express written authorisation of the Provider or, where applicable, of the holder of the corresponding rights.
The services and products offered, or any information provided through the website may not be used for commercial or advertising purposes without prior written authorisation from SGAE. In any event, the user undertakes not to use the Website for illegal or prohibited purposes.
The user must comply with these conditions, as well as any applicable legal obligations. Otherwise, this may imply the realisation of an offence, an administrative infringement, a misdemeanour or a crime, which may give rise to civil, administrative, labour or criminal liability. In this respect, SGAE shall have the right to initiate the commencement of proceedings for the Courts of Justice to determine the liability that may arise.
The SGAE website may refer or link to pages or websites of entities related to SGAE or to third parties linked to SGAE's activity. In this regard, we inform you that SGAE does not manage or construct the pages to which it redirects, and therefore SGAE is not responsible for their content, the processing of the data they provide, the services they provide or their operation, nor for any damages or losses arising from access and use by users.
7. General information
7.1. Accessibility to the website
In the development of the SGAE website, the accessibility criteria applicable to the websites, compiled by the World Wide Web Consortium (W3C), have been taken into account. The pages have been laid out, the hypertext links have been set up, the information of each web page has been structured, etc. according to these criteria. The construction of the SGAE website pages has thus been developed in accordance with criteria or standards that represent an international standard. SGAE may modify the configuration and presentation of the website at any time, without prior notice.
7.2. Availability and upgrading
The conditions of this Legal Notice are available to those who access the pages of the SGAE website, as partners, customers or interested parties in SGAE's activities. The website can be entered, and the conditions consulted and printed without registering. The content of the Legal Notice may be modified in accordance with changes in the applicable legislation, the structure of the organisation, the services, the design and technical specifications of the website, the technological infrastructure, fundamentally.
7.3. Applicable law
The current conditions of use of services, personal data and content included on the SGAE website shall be understood in accordance with Spanish legislation. Due to the supranational nature of electronic communications infrastructures, those accessing the SGAE website from other countries must comply with the applicable legislation passed in each state.
7.4. Entry into force
1. Right to information
2. Purpose of processing and retention of your data
The main purpose of obtaining the data is for access to services offered and the management of your request, as well as the management and exploitation of intellectual property rights. The data will be kept for this purpose for the time necessary to process your request and/or to maintain the contractual relationship and, even afterwards, until any liability is stipulated, according to the applicable law.
If you are applying for membership or purchasing a licence, please refer to the additional information on privacy and the data protection policy on the relevant forms.
Your data will also be used to send you commercial communications, including by electronic means, on SGAE news and information, unless you object by ticking the box below. Whenever any such communication is made, it will be addressed solely and exclusively to those Users who have not previously expressed their refusal to receive it. If you do not express your wish to the contrary, the data will be kept indefinitely for this purpose.
☐ I do not wish to be sent commercial communications
3. Obligation to provide data
The data requested on the Website forms are generally mandatory (unless otherwise specified in the required field) in order to meet the set objectives. Therefore, if they are not provided or are not provided correctly, your request cannot be dealt with, without prejudice to the fact that you may freely view the content of the Website.
4. Types and category of data processed
SGAE will process the following categories of User data:
• Identification data: name, surname and National Identity Number.
• Contact information: postal address, e-mail address and telephone number.
• Bank details, if applicable.
• Data relating to musical and/or audiovisual works, if applicable.
5. Lawfulness and legitimacy of processing
The data requested are relevant, appropriate and not excessive and conform to the purpose for which they are obtained.
You can oppose or withdraw your consent at any time by contacting SGAE, without this affecting the legality of the processing previously carried out. However, please note that the withdrawal of your consent may mean that your request cannot be taken into account
6. Transfer of data
Please note that your data may be communicated to:
• If you are or apply to become a member: (i) The Ministry of Culture, Public Administrations and Judicial Bodies, in the cases provided for by Law; (ii) Banks and financial institutions to manage collections and/or payments; (iii) Insurance companies and Mutual Insurance Companies for social security and insurance processing purposes; (iv) The SGAE Foundation and Author's Institute, to manage the rights and services corresponding to members; (v) National and international rights management entities in order for the management of rights. International entities may be located in countries that do not have an appropriate level of data protection. (vi) SGAE's international headquarters, which can be consulted at http://www.sgae.es/en-en/SitePages/corp-sedes-visitas.aspx for the management of their rights.
• If you are or apply to become a licensee: (i) The Ministry of Culture, Public Administrations and Judicial Bodies, in the cases provided for by Law; (ii) Banks and financial institutions to manage collections and/or payments; (iii) National and international rights management entities in order for the management of your rights as a licensee. International entities may be located in countries that do not have an appropriate level of data protection. (iv) SGAE's international headquarters, which can be consulted at http://www.sgae.es/en-en/SitePages/corp-sedes-visitas.aspx for the management of their rights.
7. User Responsibility
• Guarantees that they are over 18 years of age and that the information they provide to SGAE is true, accurate, complete and up to date. To this end, the User is responsible for the truthfulness of all the data he or she provides and will keep the information provided updated in such a way that it corresponds to his or her actual situation.
• Guarantees that they have informed the third parties to whom they provide their data of the details contained in this document. They also guarantee that they have obtained authorisation to provide their data to SGAE for the purposes indicated.
• Will be responsible for any false or inaccurate information provided through the Website and for any direct or indirect damages caused to SGAE or third parties.
8. User rights
The User can send a letter to email@example.com, with the Reference "Data Protection", indicating name and surname, ID number, request made, telephone number, complete address, justification that supports the request made in their case, at any time and free of charge, to:
• Revoke consents granted.
• Obtain confirmation about whether SGAE are processing the User's personal data or not.
• Access their personal data.
• Rectify inaccurate or incomplete data.
• Request the deletion of their data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
• Obtain from SGAE the limitation of data processing when any of the conditions set out in the data protection regulations are met.
• Request the transfer of their data
Without prejudice to the above, a complaint may be made to the Spanish Data Protection Agency when the person concerned considers that SGAE has infringed the rights recognised by the applicable data protection legislation.
9. Third party access to data
Please note that third parties outside SGAE, such as Internet service providers, application development companies, maintenance companies, etc., may access the data supplied through the SGAE website as part of the service provision. The service providers execute the services in their capacity as data processors, according to the instructions of SGAE (data controller), using the data in accordance with the purpose of the contracted service. The provider is obliged not to supply the data to others, and to implement, in its systems, appropriate security measures.
10. Security measures
SGAE will at all times treat the User's data in absolute confidence and will keep the mandatory duty of secrecy with respect to them, in accordance with the provisions of the applicable regulations, adopting the necessary technical and organisational measures to this end to guarantee the security of their data and prevent their alteration, loss, unauthorised processing or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.
In order to guarantee the integrity of the contents circulating through public electronic communications infrastructures, the SGAE website may forward certain encrypted contents. The application of the cryptographic technique allows the content of the information emitted only to be known by the authorised recipient.
The SGAE website may use "cookies" or other data storage and retrieval devices. In this respect, the User is warned on the website before the installation of cookies in the browser programme, so they may reject them and/or configure their use and installation. The installation of "cookies" in the browser after their acceptance, whether tacit or express, is intended to provide SGAE website Users with the most appropriate and suitable service possible. "Cookies" allow the storage of small volumes of information in the User's browser, making it easier for the server that registered it to read it. For more information, please refer to our Cookies Policy.
Last updated: 25/05/2018 Copyright © SOCIEDAD GENERAL DE AUTORES Y EDITORES (SPANISH GENERAL SOCIETY OF AUTHORS AND PUBLISHERS). All rights reserved.