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LEGAL NOTICE AND GENERAL CONDITIONS OF USE

This Legal Notice and General Conditions of Use of the website, together with the Privacy Policy, Conditions of Sale for Tickets, Cookies Policy and GDPR, regulate the website’s access and use.

Whoever accesses this website will be granted the status of website user, which implies the acceptance of this Legal Notice and its General Conditions of Use. In case of disagreement with it, the user must abandon the website immediately without using it.

1. General information about the website:

In compliance with the provisions of Article 10 of Act 34/2002, of 11 July, regarding Services of the Information Society and E-commerce, the website’s general information is stated hereunder:

  • Business name: MAD COOL FESTIVAL, S.L.
  • Tax ID: B-87381042
  • E-mail: administracion@madcool.es
  • Corporate address: Calle Gran Vía 27, piso 1 oficina IZ, Madrid, CP 28013 (MADRID)

2. Purpose of the website:

The purpose of the website is the promotion of activities held by the organisation, the MAD COOL FESTIVAL main event and the services marketed by MAD COOL FESTIVAL, S.L.

The information contained in this website does not constitute a binding offer, but rather an invitation to contract the service with MAD COOL FESTIVAL, S.L for promotional purposes only.

All the activities and services contained in this website are marketed or provided by MAD COOL FESTIVAL, S.L.

3. The website’s conditions of use:

The user undertakes to use the website, as well as its subdomains, directories and all of its content and services in compliance with current legislation, ethics, public order and this Legal Notice and General Conditions of Use.

Similarly, the user undertakes to make an appropriate and in good faith use of the services and contents of the MAD COOL FESTIVAL website, and to not use them to carry out illicit or criminal activities that could infringe the rights of third parties or current legislation.

The user undertakes to not broadcast, introduce, disclose or put any type of data and information contained in this website at the disposal of third parties, regardless of its format or support. In particular, the user undertakes and is obligated to:

  • Not collect data for advertising purposes, nor send any type of publicity and/or carry out communications for sales or other types of commercial purposes.
  • Not make the data collected on this website available to third parties, for whatever purpose.

If this were to occur, the user acknowledges that MAD COOL FESTIVAL, S.L. will be maintained completely harmless from any possible claim, fine, punishment or sanction derived from the actions described or other similar ones, resulting from the non-compliance of the user with these general conditions of use and rules of use of the website.

Any other user or third party affected by the receipt of unsolicited messages can get in contact with MAD COOL FESTIVAL, S.L. to provide information about this circumstance, by e-mail or ordinary mail.

In case MAD COOL FESTIVAL, S.L. has the suspicion or evidence that a user is breaching these general conditions of use, MAD COOL FESTIVAL, S.L. reserves the right to terminate their registration, access or use of the website.

Similarly, MAD COOL FESTIVAL, S.L. reserves the right to make changes to the website without notice, with the purpose of updating, correcting, modifying, adding or eliminating contents of the website or its design, as well as for the purpose of a change in the applicable regulation.

4. Exclusion of liability derived from computer damage or linked websites:

The access of the user to the website implies no liability whatsoever for MAD COOL FESTIVAL, S.L. with regard to virus controls or any type of harmful computer science elements. In any case, the user is responsible for such protection, through the use of anti-virus programs, or the relevant and adequate tools for the detection and disinfection of harmful computer programs.

In this sense, MAD COOL FESTIVAL, S.L. will not be responsible for any damage caused to the software and/or hardware of the user or of third parties while browsing the website or while using the services it offers, nor for any type of damage that could arise as a result of failures or disconnections in the telecommunications networks in case they produce the suspension, cancellation or interruption of the website service.

Similarly, if there were any contents and/or services linked through the website, MAD COOL FESTIVAL, S.L. will not be held responsible for them, nor for any damage that such links could cause to the user.

In no case does the existence of linked sites presuppose the formalisation of agreements between them and MAD COOL FESTIVAL, S.L., nor their recommendation, promotion or identification with MAD COOL FESTIVAL, S.L., them being solely responsible for their own website or link.

If the user considers that a linked website has illicit or inappropriate contents, they can get in contact and inform MAD COOL FESTIVAL, S.L., without it being an obligation for MAD COOL FESTIVAL, S.L. for its removal, as MAD COOL FESTIVAL, S.L. is not responsible for them, not being directly attributable to the website.

5. Intellectual and industrial property:

All the contents of the website, which by way of illustration are: texts, documents, photographs, graphs, images, icons, technology, software, links and any other audiovisual or sound content, as well as the graphic design of the website, are protected by the intellectual property rights that MAD COOL FESTIVAL, S.L. holds over them. Their use, reproduction, distribution, public communication, transformation or any other similar or analogous activities are strictly prohibited unless express written permission has been given by MAD COOL FESTIVAL, S.L.

Similarly, trademarks, trade names and logos that are found on the website are the exclusive property of MAD COOL FESTIVAL, S.L., with the user being unable to claim any rights over them whatsoever.

MAD COOL FESTIVAL, S.L. may take legal actions in the event of breaches against any of their intellectual property or industrial property rights, as well as claim compensation for damages to the image of MAD COOL FESTIVAL, S.L. when applicable.

6. Protection and data processing:

6.1. Processing of personal data:

By browsing the MAD COOL FESTIVAL, S.L. website, you acknowledge that you have read, understood and agreed to comply with the terms and conditions of use. In accordance with the provisions established in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (henceforth: LOPDGDD) and in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we inform you that your data will be included in a file held by MAD COOL FESTIVAL, S.L. and can be used, solely and exclusively, for the processing of your request and any matters that could arise from it on behalf of MAD COOL FESTIVAL, S.L.

By accepting, you give your consent to MAD COOL FESTIVAL, S.L. to process the data provided.

For these purposes, the data subject’s consent is defined as any free, unequivocal, specific and informed indication of their wishes, by which the data subject consents to the processing of personal data relating to them, either through a declaration or clear affirmative action; and data processing is defined as any operation or sets of operations performed upon personal data or sets of personal data, whether automated or not, such as the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, limitation, elimination or destruction.

The controller of your personal data data is the business of MAD COOL FESTIVAL, S.L., whose information is the following:

  • Business name: MAD COOL FESTIVAL, S.L.
  • Tax ID: B-87381042
  • E-mail: administracion@madcool.es
  • Corporate address: Calle Gran Vía 27, piso 1 oficina IZ, Madrid, CP 28013 (MADRID)

For these purposes, “personal data” is defined as any alphanumeric, graphic, photographic, acoustic or any other type of information pertaining to identified or identifiable natural persons.

MAD COOL FESTIVAL, S.L. will only have access to the personal data that is voluntarily provided by the user. In this regard, the user must be informed that personal data will be requested for the provision of certain services through the website. There will be an indication of what personal data is obligatory, as it is required for the provision of the specific service, as well as of what is optional data.

The object or purpose of such data processing is for the Festival’s website to offer the best possible service, as well as to identify the event’s attendees, according to current regulation, which is necessary to control the amount and identity of the festival’s attendees, as well as the payments of the corresponding amounts related to the attendance to the event, based on the type of ticket or pack that was purchased. By way of illustration, your data can be processed for, amongst other things:

  • Responding to your queries and handling your requests.
  • Sending you newsletters or providing you with information about the festival.
  • Processing your purchase, payments, doing what is necessary in order for you to receive your order or tickets; getting in contact with you related to your purchase and providing you with the appropriate service as a client.
  • Processing your accreditation that grants you access to the festival.
  • Informing you about the possibility of participating in contests, actions and similar offers, as well as managing such festival-related activities.
  • Any other issue that could arise from a request you have made to MAD COOL FESTIVAL.

Information regarding the processing of your data by third parties can be found under the section titled “Who we share your data with and why” of our Privacy Policy.

6.2. Exercise of rights:

Similarly, you are informed that, regarding the processing of your data, you have the possibility of exercising your rights as the person concerned. According to the mentioned regulations, you will be able to exercise the following rights:

  • Right of access
  • Right of rectification
  • Right of erasure or “right to be forgotten”
  • Right to restriction of processing
  • Right to data portability
  • Right to oppose

If you wish to exercise any of these mentioned rights, you must send a written communication to MAD COOL FESTIVAL, S.L. via one of the established contact channels set out in the previous section. This can either be done via e-mail or ordinary post, addressing it to the physical office of MAD COOL FESTIVAL, S.L., and must include your name, surnames, photocopy of your ID, as well as the reason why you wish to exercise this right (or rights).

Similarly, if you consider it necessary and appropriate, you will have the right to lodge a complaint with the Spanish Data Protection Agency.

Notwithstanding the foregoing, you are also informed that, during the time the Festival is held, it being a public event, there will be photographs and videos taken in which you could be identified due to your presence at the festival. These photographs and videos could be used to promote and give publicity to the event, as well as for informative and communicative purposes of the event, both on the MAD COOL FESTIVAL website and on social media (Facebook, Twitter, Instagram, etc.) and other channels of communication, either own or external.

6.3. Security measures:

In compliance with the current legislation, and taking into account the state of the art, the application costs, the nature, extent, context and processing purposes, as well as those risks of varying probability and severity to the rights and freedoms of natural persons, MAD COOL FESTIVAL, S.L., as controller and processor, will employ the necessary technical and organisational means in order to maintain the required level of security for the processing of personal data.

During the assessment of the appropriateness of the level of security, the risks associated with data processing have particularly been taken into account, especially as a consequence of the destruction, loss or accidental or illicit alteration of personal data that has been transmitted, stored or processed otherwise, or the unauthorised communication or access to such data. MAD COOL FESTIVAL, S.L. has put the mechanisms that are in reach into place to avoid any of these mentioned risks.

As controller and processor, MAD COOL FESTIVAL, S.L. will take measures to ensure that any person acting under the authority of the controller or processor and that has access to personal data, will only be able to process such data following the controller’s instructions, unless obligated to do so in accordance with European Union or Member States laws.

6.4. Data storage:

In accordance to that set out in the Privacy policy, MAD COOL FESTIVAL, S.L. will store your personal data throughout the duration of the contractual relationship and for the time that is necessary to provide the requested services, or for any other legal purpose by which we would be obligated to store the information.

7. Null and Void Clauses:

If any of the clauses included in this Legal Notice and General Conditions of Use were to be declared totally or partially null or void, this nullity and voidability would not affect the remaining conditions, with the Legal Notice and General Conditions of Use prevailing over the rest.

8. Applicable law and competent jurisdiction:

This Legal Notice and General Conditions of Use shall be governed and interpreted pursuant to Spanish legislation. In case of litigation between MAD COOL FESTIVAL, S.L. and the user, the Courts and Tribunals of the city of Madrid will have the jurisdiction. With the exception of those cases in which the current legislation were to define another jurisdiction.