1. Website ownership
FCC, S.A. (hereinafter, the Entity), part of the FCC Group (www.fcc.es), is the rightful owner of this web page (hereinafter, the WebSite). Its legal address is Balmes Street, 36, 08007 Barcelona and its tax ID is A28037224. The Entity can be contacted trough the following form.
The Entity is registered in the Mercantile Record of Barcelona by number 663/04, I take 36005, Foliate 22, Leaf (Sheet) B 26947, Inscription 2765.
The domain name(s) through which you have accessed this WebSite is/are owned by the Entity.
This/these domain name(s) will not be used in connection with other contents, products or services which are not owned by the Entity and/or by the FCC Group, or in any way which can lead to confusion among the final users or to discredit the Entity and/or the FCC Group.
This legal notice contains all the conditions of use which regulate access, navigation and use of the WebSite, as well as detailing the responsibilities derived from its use, the provision of and/or contracting products or services, which may be offered, as well as all related content and without prejudice to the fact that the Entity may establish specific conditions which regulate the use, provision and/or contracting of the products or services which are offered to users through the WebSite. In any case, those specific conditions will form an integral part of this legal notice.
Just accessing the WebSite, filling out forms, sending information requests, complaints, contracting offers, curriculum vitae and in general, all acts of a similar nature to those carried out through the filling out of forms and/or through email addresses published on the website will imply the acceptance with no reserves of each and every one of the rules found in this legal notice and will be taken as consideration on the part of the WebSite User. You must therefore read and understand the content of this legal notice.
Should the use, provision and/or contracting of products or services be offered through the WebSite, the mere fact of being used and or requested by the user will imply, equally, the acceptance with no reserves or the specific conditions which have been established and which will form an integral part of this legal notice.
3. Website use and access
Access to the WebSite by the users is free. However, the use, provision and or contracting of the products and services which could be offered by the Entity can be subject to the previous acceptance of formal requisites such as the filling out of the corresponding form, payment of costs and/or the previous acceptance of specific conditions which apply to these.
Just accessing the WebSite does not imply the establishment of any link or commercial relationship between the Entity and the User, except where the appropriate means have been established and the user has previously complied with the requisites which are established.
Including information on the WebSite relating to products or services offered by the Entity is solely for information and advertising purposes, unless otherwise is stated.
If for the use, provision and/or contracting of a product or service offered through the WebSite, the User must proceed to its registration, he/she will be under an obligation to provide accurate information, guaranteeing the authenticity of all the data provided at the time of filling out the pre-established forms needed to access the products or services involved.
If as a result of the User’s registration, a password is issued, the User thereby is bound to use it diligently and keep this password secret. Consequently, the Users will be responsible for the adequate custody and confidentiality of all identifying data and or passwords which are given to them by the Entity, and are bound to not agree to their use by third parties, be it temporarily or permanently, nor to provide access to others. The use and or contracting of products or services by illegitimate third parties acquired due to a negligent use of a password given to a third party and or the loss of the password by the User, will be the ultimate responsibility of the User.
With reference to the abovementioned issue, it is the User’s duty to notify the Entity with immediate effect of any circumstances which may led to the improper use of the identifying data and/or passwords, such as theft, loss or non-authorised access, so that the Entity can proceed to their immediate cancellation. For as long as these circumstances are not communicated to the Entity, the Entity will be exempt from any responsibility which could derive from the improper use of the identifying data or use of passwords by third parties.
In all cases, the access, navigation and use of the WebSite, and the use or contracting of the services or products offered through the WebSite, is the sole and exclusive responsibility of the User. The User is therefore bound to diligently and faithfully observe any additional instruction given by the Entity or by the Entity’s authorised employees in relation to the WebSite’s use and its contents.
The User is therefore bound to use the contents, products and services in a diligent, correct and licit manner, complying with current legislation and in particular, agrees to abstain from:
(i) Using them in ways which are against the law, morality and good manners generally accepted or to public order and against instructions given by the Entity.
(ii) Using them in a way which harms the legitimate rights of third parties
(iii) Using contents and products, and in particular, information of any nature which is obtained through the WebSite or the services for publicity purposes or any form of communication which has direct sales purposes or with any other commercial aim, non-solicited messages aimed at a group of people, independent of their finality, as well as abstaining from commercialising or circulating in any way this information.
4. Responsibilities and limitations
The Entity cannot guarantee the reliability, use or veracity of the information given by this WebSite.
Consequently, the Entity is not responsible and does not guarantee:
(i) The continuity of the WebSite’s contents and/or the unavailability or accessibility of the WebSite or its technical continuity
(ii) The lack of errors in its contents or products
(iii) The absence of viruses and other harmful elements in the WebSite or server which supplies it
(iv) The lack of vulnerability of the WebSite and or the impregnability of the security measures adopted
(v) The lack of usability or performance of the WebSite’s contents or services
(vii) Whatever other damages which could be caused by motives pertaining to the WebSite not functioning or to the defective functioning of the WebSite or other website with which links could not be established.
Notwithstanding the above, the Entity declares that it has adopted all necessary measures, within its reach and within the state of technology, in order to guarantee the smooth functioning of the WebSite and to avoid the existence and transmission of viruses and other damaging components which could potentially harm Users.
The Entity tries its best to avoid errors in the contents published in the WebSite. All contents offered through the WebSite are updated and the Entity reserves the right to modify them at any time. The Entity will not be held responsible for the consequences which could be derived from the errors in the contents published by third parties on the WebSite.
Any communication or transmission of contents which infringes the rights of third parties and the content of which is threatening, obscene, defamatory, pornographic, xenophobic, which undermines personal dignity or the rights of minors, current legislation or any conduct which incites or constitutes a criminal offence is totally prohibited.
Equally, the inclusion and communication of contents by users which are false or inaccurate and which induce error or mislead the rest of Users or the Entity’s personnel, in particular those contents which are protected by whichever intellectual or industrial property rights belonging to third parties, without the authorisation of the content’s owner, and which undermine or harm the Entity’s or a company part of the FCC Group, and which can be considered as illegal, misleading or unfair advertising and which contains viruses or any other electronic element which could harm or hinder the functioning of the website, or the net, IT equipment belonging to the Entity or to third parties and or the access to the WebSite by the rest of users, remains totally prohibited.
The Entity may refuse access to the WebSite to any User which undertakes any of the actions referred to above.
5. Intellectual property rights
The Entity is the owner of and has obtained the corresponding licence on the rights relating to intellectual property and image rights pertaining to the contents available through the WebSite, to list but a few (non-exhaustive list), the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, indices, images, brands, logos, expressions and information and in general, any other creation which is protected by national regulations and international treaties on intellectual property (hereinafter referred to as the Contents).
All intellectual property rights on the Contents are reserved and in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way, the totality or part of the Contents included in the WebSite for public or commercial means, if prior, express and written authorisation is not sought from the Entity or in its case, from the owner of the corresponding rights.
Access to and navigation by the WebSite’s use will in no case be understood as a relinquishment, transmission, licence or total or partial transfer of the rights previously outlined by the Entity.
Consequently, it is not allowed to delete, evade or manipulate ownership rights ("copyright") and whichever identifying data of the right holders, be it the holders within the Entity or any other holders, as well as those technical protection mechanisms, fingerprints or whichever information or identification mechanisms which could be contained in these Contents.
Any references to names and commercial or registered brands, logos or other distinctive signs, which are owned by the Entity or by others, implicitly forbid their use without the authorisation from the Entity or from the legitimate owner. At no time, unless otherwise expressly stated, shall access or use of the WebSite and or its Contents, give the user any right whatsoever on the brands, logos and or distinctive signs included on the WebSite, as they are protected by Law.
6.1 Links from the WebSite to other websites
The Entity can offer direct or indirect links to other Internet websites which are outside the WebSite. The presence of these links in the WebSite, have a purely informative purpose and at no time constitute an invitation to contracting the products and or services offered on these websites and neither does it imply the existence of a commercial link or relationship with the entity owning the website to which the link is offered. In these cases, the Entity will not be responsible for establishing general conditions to be taken into account in the use, provision or contracting or these services by third parties and as such, cannot held responsible for these.
The Entity does not have the knowledge or human and technical means to control or approve all the information, contents, products or services provided in other websites to which it offers a link through its WebSite. Consequently, the Entity will not take any responsibility for any aspect relating to these websites linked to through the WebSite, in particular on its functioning, access, data, information, files, quality and reliability of its products and services, its own links and or any of their contents in general.
Notwithstanding the above, where the Entity becomes aware that the activity or the information which it links to is illegal and which can lead to a crime or could damage the rights or property of third parties, it will act with the necessary diligence to delete or stop using the corresponding link at the earliest opportunity.
Equally, if the Users become aware of the illegality of the activities carried out through these third parties websites, they will be under the obligation to communicate it to the Entity with immediate effect, so that it can proceed to stop access to this link.
6.2 Link from other web pages from the WebSite
If any User, entity or webpage wants to establish some sort of link to the WebSite, they will have to comply with the following conditions:
(i) They will need to obtain previous, express and written authorisation from the Entity
(ii) The link will only be made to the WebSite’s homepage, unless otherwise stated or authorised.
(iii) The link needs to be absolute and complete, i.e. it must lead the User through a click, to the main page and must include the whole page of the WebSite. In no case, unless otherwise authorised by the Entity, will the webpage from which the link is made be able to reproduce, in any way on the WebSite or include as part as their own web or as part of their frames or be able to create a browser on any of the WebSite pages.
(iv) On the website from which the link is established, no declaration at all can be made to the effect that the Entity has authorised this link, unless that has been the case. If the entity providing the link from its page to the WebSite wanted to include on its own webpage the brand, denomination, commercial name, label, logo or any other sign which identifies the Entity and or the WebSite, they will have to have previous, express and written authorisation from the Entity.
(v) At all times, the Entity forbids the link to the WebSite from all those webpages which contain materials, information, or contents which are illegal, degrading, obscene and in general, which infringe upon morality, public order, current legislation, generally accepted social rules or which harm the legitimate rights of third parties.
The protection of privacy is one of the FCC Group’s main values. Compliance with the regulations in force on the protection of personal data is a priority objective for us and we will do so with the utmost transparency. The reason for this policy is to explain how we will process the personal data provided by the User through this Website.
The User is informed and consents to the processing of the data supplied while browsing the Website and those generated as a result of its use, including, where appropriate, communications or international transfers of data that may be carried out, for the purposes mentioned in this section.
This Website is designed for people over 14 years of age, with an exception if they are browsing under the supervision of one of their parents or legal guardians, so if they are not accompanied by them, the user must be over 14 years of age to consent to the processing of their personal data.
Who is responsible for processing your personal data?
The personal information and/or data you provide us with are included in a file for which the responsible party is:
|Identity of responsible party||Fomento de Construcciones y Contratas, S.A, with Spanish Tax ID (CIF) A28037224|
|Registered address||C/ Balmes, 36 – 08007 – Barcelona|
|Contact postal address||Avenida Camino de Santiago, 40 – 28050 – Madrid|
|Data Protection Contactemail@example.com|
What data do we keep?
The Entity, through this Website, obtains information about its Users. The data that is kept is:
- The domain name of the provider (ISP) that provides you with access to the network. For example, a User of the provider XXX will be identified with the domain xxx.com.
- The date and time of access to our Website.
- The Internet address from which the link to our Website came from.
- Identifying and contact information, as well as all the information provided by the User through the corresponding form.
- Academic and professional data (curriculum information, in general) that the User provides through the ‘Work at FCC’ form. To fill it out, you will be redirected to an EPRESELEC website, where you will be able to find all the information on privacy prior to entering your data.
The User guarantees the accuracy and truthfulness of the personal data provided, and undertakes to keep it duly updated and to inform the Entity of any changes that may occur to it.
For what purpose do we process your personal data and on what basis do we do so?
The Entity will process the data you provide during browsing and use of our Website, as well as that collected through the corresponding form, for the following purposes and with the following legitimacy:
|Manage the relationship between users and all the entities that make up the FCC Group.||RGPD: 6.1 a) Consent given by the User.
You may revoke your consent at any time by writing an email to firstname.lastname@example.org in which you specify your request clearly. In the same way, in each email that you receive, you will be given the possibility of opting out.
|Respond to requests or queries on Services through the FCC Group’s corporate website.|
|Offer you a more personalised browsing experience and a better experience as a user of our website||RGPD: 6.1 f) Fulfilment of legitimate interests pursued by the data controller or by a third party, provided that those interests are not overridden by the data subject’s fundamental interests or rights and freedoms which require the protection of personal data, in particular where the data subject is a child.|
|Produce statistics on the countries and servers that visit the website most often.|
|To view the peak hours of visits to the website as well as make precise adjustments to avoid access problems.|
|Manage personnel selection processes through the ‘Work at FCC’ section.||You must consent to the processing of your curriculum information when registering as a User on the website ‘fcc.epreselec.com’, to which the ‘Work at FCC’ section is redirected.|
This site is being evaluated with Google Analytics solutions to improve the user experience. These types of solutions use markings on pages and anonymous cookies in order to analyse the information received (e.g. number of visits, length of visit, behaviour on the page…) and improve the user experience and improve operative and communicational digital processes using them.
If you provide us with third-party personal data, the Entity assumes that you, the User, have the necessary legitimacy to do so.
How long will we keep your personal data?
The personal data provided will be kept for the period determined using the following criteria: (i) legal obligation to keep it; (ii) duration of the contractual relationship and addressing any liabilities arising from that relationship; and, (iii) request for erasure by the data subject where appropriate.
The Entity undertakes to process and collect personal data:
- In a lawful, loyal and transparent manner,
- in the proper, appropriate way and limited to what is necessary,
- in an accurately updated way,
- for as long as necessary.
Likewise, the Entity undertakes to respect the guiding principles of Privacy by design and default, as well as proactive responsibility.
To which recipients will your data be communicated?
The Entity may communicate your data, exclusively for the purposes mentioned in this Policy, to other entities belonging to the FCC Group, subsidiaries and investees, as well as to third parties with whom it signs collaboration agreements.
FCC Group entities are all those companies or entities mentioned in the Notes to the Financial Statements published on the FCC Group website. www.fcc.es and whose activities are: i) construction, ii) end-to-end water management, iii) management of environmental services, iv) infrastructure and v) management of citizen services.
Likewise, any entity belonging to the FCC Group, subsidiaries and investees may communicate personal data to any of the aforementioned entities, with the aim of maintaining an integral and centralised management of the relationship between the data subjects and the different entities of the FCC Group. This is so that the data subjects may benefit from access to their data from any of them, respecting in all cases the applicable legislation on the protection of personal data and without the need for the data subjects to be informed of each first communication that is carried out.
Within the framework of the communications referred to in the previous paragraph, international transfers of data may be carried out to third countries or international organisations, about which there is or is not an adequate decision from the European Commission with regard to them. International transfers to countries that cannot guarantee an adequate level of protection shall be of an exceptional nature and will be carried out provided that they are essential for the development of their relationship with the Entity and applying the necessary guarantees to ensure compliance with the required data protection principles.
What are your rights as a data subject?
The rights that the User can exercise, as owner of the data, are those mentioned below:
|Access||You will be able to obtain confirmation as to whether the Entity processes your personal data, as well as check your personal data included in the Entity’s files.||These rights may be exercised by written request addressed to Fomento de Construcciones y Contratas, S.A. – Departamento de Seguridad de la Información, Avenida Camino de Santiago, 40 – 28050 Madrid or sending an email to email@example.com.
Please bear in mind:
In order to exercise your rights, you must attach a copy of your National Identity Card or other document that proves your identity and clearly indicates the right you wish to exercise.
|Rectification||You will be able to modify your personal data when it is inaccurate, as well as complete the data that is incomplete.|
|Erasure||You may request the erasure of your personal data if, among other reasons, the data is no longer necessary for the purposes for which it was collected.|
|Objection||You may request that your personal data not be processed. The Entity will stop processing the data, except for relevant legitimate reasons, or the exercising or defending of possible claims.|
|Limitation of processing||You may request limitation to the processing of your data in the following cases:
As long as the accuracy of your data is contested;
When there is an objection to the processing of your data for the carrying out of a task in the public interest or for the fulfilment of a legitimate interest, while verifying whether the legitimate reasons for the processing prevail over yours.
|Portability||You will be able to receive, in an electronic format, the personal data that you have provided to us and those that have been obtained from your contractual relationship with the Entity, as well as transfer them to another entity.|
|If you believe that the Entity has not processed your personal data in accordance with the applicable regulations, you may submit a complaint to the competent supervisory authority, through the website www.agpd.es. Nevertheless, in order to give the best service to our users, please contact the Entity beforehand through the service channels mentioned so that we can respond more quickly to your request and clarify any doubts that may arise. It is always the priority of the Entity to provide a quality service to all its users.|
|The exercise of these rights is free of charge.|
The Information Society and Privacy
In accordance with the provisions of Act 34/2002 of July 11, Information Society Services and Electronic Commerce, if the user does not wish to receive electronic marketing communications in the future or wishes to unsubscribe from the promotional communications system to which he or she may have subscribed, the user may express said wish by sending an email to the following email address: firstname.lastname@example.org (in addition, each email will provide the possibility for the user to unsubscribe).
The ENTITY has profiles on some of the main social networks on the Internet (Facebook, Twitter, etc.), so it is the responsible party for the file in all those cases involving the data of its followers, fans, subscribers, commentators, etc. The processing that the ENTITY can carry out will be the one that the social network allows for corporate profiles. The ENTITY may inform its followers by any means that the social network allows about its activities, services, etc. Under no circumstances will the Entity use the data for other purposes.
The Entity assumes that the User is informed and accepts the conditions established above if he or she continues browsing the Website and, where appropriate, if he or she presses the ‘SEND’ button (or equivalent) present on the data collection forms.
9. Duration and modification
The Entity reserves the right to modify this Legal Notice and the particular conditions which may have been established for the use and or contracting of the products and services provided through the WebSite, when it considers it appropriate and in order to adapt and comply with any changes in legislation and in technology which have become effective since the last publication of the WebSite.
The temporary duration of these conditions of use coincide with the duration of publication, until they are totally or partially modified. At this point, the modified conditions of use will become binding.
The Entity can, at any time finalise, cancel or interrupt access to the published content. In this case, the User will not be able to ask for any sort of compensation. Following this cancellation, the previously outlined (in this Legal Notice) prohibitions of the use of contents will remain valid.
For any communication between the Entity and the User, the User will have to contact with the Entity through the postal and or email address provided on the webpage. Communications from the Entity to the User will have to comply with the contact information provided by the User. The User therefore expressly accepts the use of the email address provided as a valid mean for the exchange of information between the Entity and the User.
The headings of the different clauses only have an informative nature and do not affect, qualify or modify the interpretation of this Legal Notice.
Where there is discrepancy between what is established in this Legal Notice and between the conditions which can be established in relation to products or services offered in the WebSite, what is established in the conditions will prevail.
Where one of the provisions laid down in this Legal Notice could be considered as not being totally or partially binding by a Court of Law or by a recognised Administrative body, the nullity will not affect the other provision contained in this Legal Notice nor any other provisions which have been established.
Where the Entity does not exercise one of the rights contained in this Legal Notice, this will not constitute a relinquishment to this right, unless expressly stated in writing.
12. Governing law and jurisdiction
The present Legal Notice and the relationship established between Entity and the User, and in particular the knowledge and resolution of any dispute, discrepancy or differences which could arise, they will be governed and resolved by Spanish legislation and the competent jurisdiction.
However, in those cases where the legislation envisages the possibility of it being subject to the laws of another jurisdiction, the Entity and the User, can expressly relinquish any other jurisdiction which could correspond to them, they will submit any controversy and or dispute to the Courts of Law and or Tribunals which correspond to the Entity’s address detailed in this Legal Notice.
© 2015 FCC, S.A. All rights reserved.