TERMS AND CONDITIONS OF USE OF THE  “BBVA SPARK SUMMIT” APP

GENERAL INFORMATION

Banco Bilbao Vizcaya Argentaria S.A. (hereinafter, ‘BBVA’) with registered office at Plaza de San Nicolás 4, 48005, Bilbao (Vizcaya); contact email: contact.spark@bbvaspark.com
Registered in the Mercantile Register of Vizcaya, Volume 2083, Folio 1, Page BI-17-A, 1st entry.


ADMINISTRATIVE AUTHORISATION AND SUPERIOR BODY

BBVA is a bank subject to the supervision of the Bank of Spain and is registered in the Bank of Spain's Administrative Register under number 0182. Tax Identification Number: CIF A-48265169.


TERMS AND CONDITIONS OF THE APPLICATION

1.- Purpose of these Terms and Conditions

1.1. These Terms and Conditions (the ‘Terms and Conditions’) constitute a contract between BBVA and the User (as defined below) and regulate the download and use of the computer application ‘BBVA SPARK SUMMIT’ (the ‘Application’ and/or the ‘Software’) by the ‘User’, who is the natural person duly registered in advance on the website ‘BBVA Eventos’ www.bbvaeventos.com (the ‘Website’) and who downloads the Application to his/her smartphone, tablet, connected television or any other device compatible with the Application (the ‘Device(s)’).

1.2. The Application is a digital environment created so that the User can manage the BBVA event called ‘BBVA SPARK SUMMIT’ in which he/she has registered through the Website (the ‘Event’), monitor the same, as well as enjoy other functionalities related to the Event, under the terms described herein.

1.3. Acceptance of the Terms and Conditions by the User as indicated in this document implies that the User accepts the incorporation of the General Terms and Conditions of Business into this contract, in accordance with Law 7/1998, of 13 April, on General Terms and Conditions of Business, which shall apply to all matters not regulated herein.

1.4. BBVA is the legitimate owner and/or licensee of the intellectual and industrial property rights over the Application and the elements it contains from time to time, including materials, articles, news, brands, content layout, computer programs and sui generis rights over the underlying databases (including source and object codes), the graphic design and User interface (look & feel), as well as the different elements that make up the Application (texts, graphics, photographs, videos, recordings, etc.) (the ‘Content’).

1.5.  Access to the Website does not grant rights over these contents to Users, and BBVA maintains the right to take legal action in the event of any infringement of the rights it holds.

1.6. The Application, once downloaded, will allow the User to access and use the functionalities that BBVA has available at that time (hereinafter, the ‘Functionality/s’). The Application allows Users to manage their participation in BBVA events, edit their profile, access the event's agenda, view information about the speakers, consult public profiles of other attendees, and use the ‘One to One’ functionality to arrange meetings. All modifications to the User's profile will be reflected both in the application and on the website.


2.- Downloading of the Application and acceptance of these Terms and Conditions

2.1. The Application may be downloaded through the store provided by the company that manufactures the Device or the application distribution company (the ‘Manufacturer’ or the ‘Distributor’) for this purpose.  By downloading the Application, the User agrees to comply with the Terms and Conditions previously accepted when registering on the Website.

2.2. Conditions for downloading the Application from the corresponding store, and use of the same on the Devices of the Manufacturer in question: 

  • These Terms and Conditions are solely and exclusively between the User and BBVA, and not with the Manufacturer or Distributor. The Manufacturer or Distributor shall not be responsible for the Software or its contents.
  • The licence granted under these Terms and Conditions is limited to a non-transferable licence to use the Application on a Device owned or controlled by the User.
  • In the event of claims by third parties for infringement of intellectual and/or industrial property rights in the Application and/or the use of the Application by the User, BBVA, and not the Manufacturer or Distributor, shall be solely responsible for the investigation, defence, settlement and enforcement of such claims.
  • The company name and contact details of BBVA to which the User may address any questions and/or complaints regarding the Application are: Banco Bilbao Vizcaya Argentaria, S.A., C.I.F. A-48265169 and e-mail address: contact.spark@bbvaspark.com. 


3.- Software Licence Conditions

3.1. The download of the Application and access to its functionalities are free of charge. However, connection and browsing costs will be billed by the User's operator according to the contracted tariff. BBVA reserves the right to charge for certain functionalities in the future, which will be communicated to the User in a timely manner.

3.2. By accepting the Terms and Conditions, the User receives a free, personal, non-transferable, limited and non-exclusive licence to use the Software. This licence allows the User to access the home page and the functionalities available in the Application.

3.3. The licence described above exclusively comprises the User's right to reproduce the Software in whole or in part, exclusively by using, downloading, executing and displaying it on one or more devices. Use of the Software for unauthorised purposes is expressly prohibited and constitutes an infringement of BBVA's intellectual and industrial property rights. Furthermore, the User's device must be compatible with the Software in order to use the Application and access its Functionalities.

3.4. Each party shall be liable to the other for damages arising from breaches of the obligations assumed in these Terms and Conditions, except in cases of force majeure or unforeseeable circumstances.

3.5. BBVA does not guarantee the veracity, integrity or updating of third party information accessible through the Application, and shall not be liable for any damages that may arise from its use.

3.6. The User of the Application undertakes to use the Application in accordance with the following provisions:

(a) He/she undertakes to make good use of the Application, good use being understood to be that which is in accordance with current legislation, good faith and public order.
(b) You undertake not to damage or render useless the equipment or computer systems of BBVA or third parties. Likewise, the User undertakes not to prevent access to or normal use of the contents incorporated in the Application.
(c) You will not annoy, intimidate or harass any other User of the Application.
(d) You will not use the Application for unlawful, misleading, malicious or discriminatory acts.
(e) You will not take any action that could disable, overburden or impair the proper functioning or appearance of the Application.
 
3.7. The User undertakes to follow the security recommendations drawn up by BBVA and accessible here


4.- Reservation of rights

BBVA reserves the right to modify the Terms and Conditions and to include new terms. These changes will be communicated to the user through the Application, and it will be necessary to accept them in order to continue accessing the functionalities. BBVA also reserves the right to update, modify or delete the information contained in the Application without prior notice, and to limit or restrict access to the Application in the event of technical or security difficulties.

5.- Privacy

5.1. The data included in the User's profile, the privacy settings of their profile, as well as, where applicable, the photograph they have included in their profile on the Website, will be shown by default in the User's profile on the Application.

5.2. The User may complete their profile on the Application, at any time, always with professional information relating to their person. In any case, the inclusion by the User of information in the Application, including in particular in his/her profile, is subject to the following conditions:

a) Content referring to sensitive information may not be included in the Application.
b) The inclusion by Users of content subject to dissemination or reproduction rights is conditional upon the corresponding User having sufficient legitimacy for the content to be used both by him or herself and by BBVA and the other Users, as well as for such use not to violate any legal provision, contract, right or property of third parties, or in any way constitute unfair competition. Consequently, by including any of the aforementioned content, it shall be understood that the User who includes it has the aforementioned legitimacy.
c) The User is solely responsible for the content included in his/her profile and for the consequences of its use or disclosure.
d) BBVA is not responsible for the actions of the Users that may give rise to liability or for the content or opinions that they include in the Application, and the Users are solely responsible for the use they make of the Application and the content included therein.

5.3. The option to configure the profile as private can only be done through the Website, and this configuration will be reflected in the Application.
5.4. Information such as name, surname, company, position and, where applicable, photograph and links to professional social networks will be used to identify the user at events, both on the Website and on the Application. In addition, all profile information and settings set on the Application or the Website will be automatically synchronised between the two platforms, with the exception of profile privacy settings, which can only be adjusted through the Website. Users may only add links to specific professional social media profiles, excluding personal profiles.


6.- Acceptance of Terms and Conditions, User's liability and termination of contract

6.1. These Terms and Conditions shall be binding from the moment of acceptance by the User, in accordance with the provisions of paragraph 2.

6.2. The User shall be liable in the following cases:

a) The User is responsible for using the Application in accordance with the conditions stipulated herein, including adequate protection of the Device.
b) If the Device or keys are misused by third parties, the User must notify BBVA without undue delay after becoming aware or suspecting such use.

6.3. BBVA shall not be liable when errors or failures occur in the use of the Application by the User as a result of a malfunction of the Manufacturer's hardware, software, devices or terminals, not provided by BBVA.

6.4. Without prejudice to the provisions of other sections of this document, BBVA may terminate this agreement at any time with one (1) month's notice, which implies the cancellation of the licence granted for the use of the Application.

6.5. The User may terminate the contract at any time by sending an email to support-events@bbvaeventos.com. Your request will be processed as quickly as possible, and your account and all your data will be deleted.

7.- Other important aspects

7.1.  If any provision of these Terms and Conditions is found to be invalid, it shall be severed or replaced without affecting the validity of the remaining terms.

7.2. If the User detects any behaviour that violates these Terms and Conditions, they should inform BBVA at the following address:  contact.spark@bbvaspark.com 


8.- Applicable law
This contract shall be governed by Spanish law, and the Courts and Tribunals of the city of Madrid shall have jurisdiction for the resolution of all disputes arising from or related to this Application.


DATA PROTECTION POLICY: BBVA SPARK SUMMIT APP

Through this personal data processing document (“Personal Data Processing”), the processing of personal data provided by users (the “User/s”) of the App “BBVA SPARK SUMMIT” (the “App”) owned by Banco Bilbao Vizcaya Argentaria, S.A. (“BBVA”) is regulated. You can consult the information related to BBVA in the Terms and Conditions of the App.


What is the purpose of this Personal Data Protection Policy?

This personal data protection policy (“Personal Data Protection Policy”) aims to inform you about how we obtain, process, and protect the personal data you provide or we collect through our App via forms and/or cookies, so you can decide freely and voluntarily if you want us to process them.

When you register for Events organized by BBVA, the processing of personal data will be carried out in accordance with the provisions of the corresponding document.

The App is owned by BBVA. For more information about BBVA and the App, you can consult the information related to BBVA in the Terms and Conditions of the App.

This document informs you about the processing of information that BBVA obtains through the App but is not applicable to the information that may be obtained by third parties on other websites, even if they are linked by the App.

We remind you of the importance of reading this Personal Data Protection Policy each time you use the App, as it may undergo modifications.


Who is responsible for processing your personal data?

BBVA, with its registered office at Plaza de San Nicolás 4, 48005, Bilbao (Vizcaya); contact email: contact.spark@bbvaspark.com. Registered in the Commercial Registry of Vizcaya, Volume 2083, Folio 1, Sheet BI-17-A, 1st inscription. 

BBVA is a bank subject to the supervision of the Bank of Spain and is registered in the Administrative Register of the Bank of Spain with number 0182. Tax Identification Number: CIF A-48265169.


How can you contact BBVA's Data Protection Officer?

You can contact BBVA's Data Protection Officer at the following address: https://www.bbva.es/general/tratamiento-datos.html#contacto-dpo 


What do we use your personal data for?

To manage your navigation through the App in accordance with the Cookies Policy, which you can consult here. For the purposes and with the legal basis indicated in each of the personal data collection forms on the App.

At BBVA, we process your personal data with absolute confidentiality, committing to keep it secret and guaranteeing the duty to protect it by adopting all necessary measures to prevent its alteration, loss, unauthorized processing, or access, in accordance with the legal obligations that apply to us as data controllers.

BBVA has implemented and maintains the highest levels of security required by law to protect your personal data against accidental loss and unauthorized access, processing, or disclosure, considering the state of technology, the nature of the data stored, and the risks to which they are exposed. You can consult BBVA's Security section here.


Will BBVA send you commercial communications?

Through data collection forms, BBVA may obtain your consent to contact you by regular mail, email, SMS, or any other equivalent electronic communication means, to send you commercial communications about its own products and/or those of third parties identified in the form.

If at any time you do not wish to receive such communications, you may revoke your consent by sending a notification to the following address: contact.spark@bbvaspark.com


How long will we retain your data?

For the period indicated in the form that, if applicable, we present to you for providing your personal data to BBVA, as well as the period specified in the Cookies Policy.


To whom will we communicate your data?

We will not transfer your personal data to third parties unless we are required to do so by law or you give your consent.

When your consent is necessary to communicate your personal data to third parties, the data collection forms will inform you of the purpose of the processing, the data to be communicated, as well as the identity or sectors of activity of the potential recipients of your personal data.

You can consult in BBVA's Cookies Policy the third parties that receive personal data through cookies from this App.

Additionally, we inform you that, for the same purpose indicated in the previous paragraph, certain companies providing services to BBVA may access your personal data (international data transfers). Such transfers are made to countries with a level of protection comparable to that of the European Union (European Commission adequacy decisions, standard contractual clauses, and certification mechanisms). For more information, you can contact BBVA's Data Protection Officer at the following address: https://www.bbva.es/general/tratamiento-datos.html#contacto-dpo


Does BBVA use cookies on this App?

On our App, we use a technology called "cookies". For more detailed information on how BBVA uses cookies, please consult the Cookies Policy here.

Does BBVA use links to other websites?

The App may contain links to other websites. Please note that BBVA is not responsible for the privacy and personal data processing practices of other websites. This Personal Data Protection Policy document applies exclusively to the information collected on the App by BBVA. We recommend that you read the personal data processing policies of other websites you link to from our App or visit in any other manner. Additionally, you can obtain more information about our linking policy in our Legal Notice here.


What are your rights when you provide us with your data?

You may withdraw your consent and freely exercise your rights of access, rectification, erasure, objection, restriction of processing, and data portability by sending a communication to the following BBVA address: contact.spark@bbvaspark.com

If you believe that your personal data has not been processed in accordance with the regulations, you can contact the BBVA Group Data Protection Officer at https://www.bbva.es/general/tratamiento-datos.html#contacto-dpo. However, you also have the right to file a complaint with the Spanish Data Protection Agency (www.aepd.es).


Applicable Law

This contract shall be governed by Spanish law, with the Courts and Tribunals of Madrid capital having jurisdiction for the resolution of all conflicts arising from or related to this Application.