PRIVACY POLICY

 

DATA CONTROLLER

 

Identity: KOSMOS GLOBAL TENNIS, S.L. (the Provider) 

TAX ID: B66803289

Postal address: Calle Beethoven 15, Planta 6, 08021 Barcelona.

Email: privacy@kosmostennis.com

Telephone: +34 938 071 458 during office hours for customer service.

 

Data Protection Delegate: AURIS ADVOCATS Contact DPD: Xavier Saula Adell. Calle Mallorca 237 bis Ppal 1.A. Barcelona. Email: xavi@aurisadvocats.com

 

KOSMOS GLOBAL TENNIS, S.L., as the party responsible for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and other current legislation on the protection of personal data, in particular the LOPD-GDD, informs you that it has implemented the necessary technical and administrative security measures to guarantee and protect the confidentiality, integrity and availability of the data entered.

RELATED COMPANIES: KOSMOS GLOBAL HOLDING S.L. and affiliates may have access to data because they partially share a common structure with the Data Controller.

 

DATA PROCESSED

 

KOSMOS TENNIS processes the following personal data, which it accesses in the following ways:

 

a. Purchase Data: In order to purchase tickets to attend the different sessions of the Davis Cup Finals 2021, the User will be directed to an external website owned by ONEBOX IBERICA SL with which KOSMOS GLOBAL TENNIS has signed the corresponding data processing contract. The User must choose the number of seats and their location and finally fill in their personal data together with a payment method (credit or debit card). The personal data collection form specifies the data that must be filled in by Users, and refusal by Users to provide this data will mean that the service cannot be provided. Furthermore, being a User of the website implies having a profile with open fields in which the User can indicate what he/she considers appropriate (except with regard to the Prohibited Data indicated below).

The data requested on the purchase form is:

  •       Name and surname
  •       Proof of identity
  •       Email address

Payment of the order can only be made by bank card (Visa, Mastercard, Maestro, American Express) indicating in the section provided for this purpose the name of the person to whom the bank card belongs, the card number and its date of validity, as well as the CVV number on the back of the card.

 

b. User data for Newsletter subscription: The User can subscribe to the Newsletter to receive information about the Davis Cup Finals. For this purpose, the following personal data will be required:

  •       Email address
  •       Name and surname
  •       Date of birth
  •       Country

  

c. Data associated with the Cookies Policy.  See our cookie policy: COOKIES POLICY

 

d. Data from communications with KOSMOS TENNIS: when you contact us, we collect the metadata of the communication (time and date of the call or email, identity of the sender and receiver, technical data) and the data incorporated in any communication between the User and KOSMOS TENNIS.

 

Prohibited data: in all cases it is forbidden to provide KOSMOS TENNIS with any content that contravenes any prohibition or limitation established in the Terms of Use (especially, but not exclusively, the prohibition of using personal data – both of the User and of third parties – that contains sensitive information relating to identifiable or identified persons, such as: racial origin; membership of a trade union; religion, ideology or sexual orientation; health data; or data relating to criminal records, proceedings and sanctions or fines derived from the same or breach of monetary obligations).

The User guarantees (a) the authenticity and veracity of all data (especially, but not only, that which is personal data) that he/she communicates through the Website, (b) that he/she guarantees that it is their own personal data and the image of his/her person or that he/she has permission from the interested party to use said data, (c) and that they will keep the information provided to KOSMOS TENNIS up to date, so that it corresponds at all times to their real situation, and that they will be solely responsible for any false or inaccurate statements they make, as well as for any damages caused by them to KOSMOS TENNIS or third parties. 

 

PURPOSE OF PROCESSING

 

Your personal data will only be used for the following purposes: 

  • To carry out the necessary administrative arrangements with ticket purchasers;
  • To send commercial advertising communications by email, fax, SMS, MMS, social communities or any other electronic or physical means, in the event that the User has expressly consented to the sending of commercial communications by electronic means by subscribing to the NEWSLETTER;
  • To respond to queries and/or provide information requested by the User;
  • To provide the services and/or products contracted or subscribed to by the User;
  • To use your data to contact you, both electronically and non-electronically, to obtain your feedback on the service provided;
  • To notify you of changes, important developments to the privacy policy, legal notice or cookies policy;
  • So that profiling and user analysis can be performed;
  • So that customer and/or supplier data can be processed, within the contractual relationship that links them to the data controller, in compliance with the administrative, fiscal, accounting and employment obligations that are necessary under current legislation;
  • For the security of the venue through a video surveillance system;
  • For recording of events to make promotional videos or montages, without time or location limitations;

You may revoke your consent at any time by sending an email with the subject “Unsubscribe” to privacy@kosmostennis.com. This will be taken care of as soon as possible in compliance with current legislation.

In accordance with the LSSICE, KOSMOS GLOBAL TENNIS does not engage in SPAM practices, and therefore does not send commercial emails that have not been previously requested or authorised by the User. The right of the User to cancel their express consent to receive our communications applies to all communications received from the provider.

We will not process your personal data for any other purpose than those described above except as required by law or court order.

  

RETENTION PERIODS

 

Your data will be kept for the duration of your business relationship with us or until you exercise your right of cancellation, revocation or restriction of processing. However, we will retain certain personal identification and traffic data for a maximum period of 2 years in the event that we are required to do so by the courts or in order to initiate internal actions arising from the misuse of the website.

 Your data will be kept for the duration of your business relationship with us or until you exercise your right of cancellation, revocation or restriction of processing. However, we will retain certain personal identification and traffic data for a maximum period of 2 years in the event that we are required to do so by the courts or in order to initiate internal actions arising from the misuse of the website.

  • General Regulations:

Pursuant to the provisions of Article 30 of the Commercial Code, all company documents and/or information shall be kept for 6 years, unless other criteria are met.

This applies to all accounting, tax, employment and commercial documentation, including correspondence. 

  • Specific timeframes:
  • Our organisation must also set minimum time frames depending on the type of data involved and in accordance with the different statute of limitations, which each department must be aware of.

            This table lists the time limits that affect or may affect our organisation: 

 

Subject Limitation Regulation
Employment in respect of misconduct 3 years Art. 4.1 RD 5/2000
Social Security in respect of misconduct 4 years Art. 4.2 RD 5/2000
Prevention of Occupational Hazards in respect of misconduct 5 years Art. 4.3 RD 5/2000
Fiscal for tax debt purposes 4 years Art. 66 Law 58/2003
Fiscal for the purpose of auditing payments or deductions 10 years Art. 66 bis Ley 58/2003
Accounting and commercial 6 years Art. 30 of the CC
Offences against the Treasury and Social Security 10 years Art. 131 LO 10/1995

 

You will not be subject to decisions based on automated processing that affects your data.

 

LEGAL BASIS FOR PROCESSING

 

Your consent provides the legal basis for the processing of data to carry out the functions described above. Consent will be requested at the time of ticking the corresponding box when collecting your data.

Failure to provide the requested personal data or failure to accept this data protection policy will result in the inability to subscribe, register or receive information about the Provider’s products and services.

In cases where there is a prior contractual relationship between parties, the legal standing for the performance of the administrative, tax, accounting and employment requirements that are necessary under the legislation in force shall be the prior existence of the business relationship established between the parties.

Although at the time of subscription the User expressly authorises the sending of commercial communications, we inform you that when the recipient is a customer who has purchased a ticket through the portal, in addition to consent, legitimacy will be derived from the prior contractual relationship between KOSMOS GLOBAL TENNIS and the User.

 

COMMUNICATIONS

 

Any communication sent will be incorporated into the information systems of KOSMOS GLOBAL TENNIS. By accepting these conditions, terms and policies, the User expressly consents to KOSMOS GLOBAL TENNIS performing the following activities and/or actions, unless the User indicates otherwise:

  • In the event that the User has expressly consented to the sending of commercial communications by electronic means by subscribing to the NEWSLETTER, the sending by electronic means informing Users of activities, services, promotions, advertising, news, offers and other information about the services and products of KOSMOS GLOBAL TENNIS equal or similar to those that were initially contracted or of interest to the User.
  • The retention of data for the periods provided for under the relevant legislation.

 

OFFICIAL MEANS OF COMMUNICATION

 

The User is informed that the means of communication provided by the company to communicate with customers and other relevant parties are the corporate telephone, company mobile phones and corporate email.

In the event that you send personal information through a means of communication other than those indicated in this section, the COMPANY shall be exempt from liability in relation to the security measures provided by the means of communication in question.

 

RECIPIENTS OF DATA TRANSFERS

 

KOSMOS GLOBAL TENNIS may transfer your data, without limitation, to the International Tennis Federation (“ITF”), as the leading International Tennis Organisation, whose registered office is at Bank Lane, Roehampton, London SW15 5XZ (https://www.itftennis.com). KOSMOS GLOBAL TENNIS will also transfer your data to COMPRISED OF RAKUTEN, INC. (or the company designated for this purpose and which will be communicated at the appropriate time), sponsor, so that it can contact the User to send relevant information, promotions, etc.

The head office is in Tokyo (https://global.rakuten.com/corp/about/).

The User’s personal data may be communicated to the necessary service providers of KOSMOS, and may be subject to international data transfer to countries located outside the European Economic Area, including countries that do not provide an adequate level of data protection equivalent to the European Regulation. In such cases, all legal measures will be taken to ensure an adequate level of data protection. In particular, user data may be transferred to the USA by the Salesforce provider, the transfer of which has been authorised by the Spanish Data Protection Agency.

It is expressly stated that this is an international transfer and the user is aware of it and expressly authorises it. Apart from this transfer, we do not carry out any transfer or communication of data unless there is a reasonable need to comply with a legal process, legal obligation or having obtained the user’s consent.

The information that you provide, both through this website and through the app, will be hosted on the servers of KOSMOS GLOBAL TENNIS, contracted to the company 10DENCEHHISPAHARD, S.L. with CIF B62844725 with tax domicile located at Calle Girona 81-83 local 3, Malgrat de Mar. The treatment of the data of this entity is regulated by means of a data processor contract between the provider and this company. Under no circumstances will this data processor subcontract services that involve the processing of data by third parties without our prior consent.

Ticket sales will be conducted through the proticketing platform owned by the company Onebox Ibérica SL with which KOSMOS GLOBAL TENNIS has signed the corresponding processing manager contract. For more information https://www.proticketing.com/ legal notice and conditions of use.

 

RIGHTS OF INTERESTED PARTIES

 

As an interested party, you may request the exercise of the following rights from KOSMOS GLOBAL TENNIS by sending a letter to the postal address at the top of the page or by sending an email to privacy@kosmostennis.com.com, indicating as subject: “RGPD, Affected Rights”, and attaching a photocopy of your ID card or any other similar legal document, as required by law.

 

Rights: 

Right of access: allows the data subject to know and obtain information about his or her personal data being processed.

Right of correction or suppression: to correct errors and amend data that proves to be inaccurate or incomplete.

Right of deletion: allows data that proves to be inaccurate or unnecessary to be deleted.

Right of objection: the data subject’s right not to have his or her personal data processed or to have the processing of such data stopped.

Limitation of processing: this entails the marking of stored personal data, with the purpose of limiting future processing.

Data portability: provision of the data undergoing processing to the data subject so that he or she can transfer it to another data controller without constraint.

Right not to be subject to automated individual processing decisions (including profiling): the right not to be subject to a decision based on automated processing that affects or has a significant impact.

 

As a User, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the legality of the processing carried out prior to the withdrawal of consent.

You also have the right to lodge a complaint with the supervisory authority if you believe that your rights in relation to data protection (agpd.es) may have been infringed.

 

ADDITIONAL INFORMATION

 

INFORMATION WE COLLECT

 

The data collected by the data controller is as follows:

  • Data provided by users through the different services offered on the website, in particular: name, surname, ID number, address, data for financial transactions.
  • Data included in the different forms available on the website.
  • Data collected through “cookies” to improve the browsing experience as indicated in the cookies policy.

Refusal to provide the obligatory data will mean that it will be impossible to respond to the specific request in question. You declare that the information and data you provide us are accurate, up to date and truthful. Please inform us immediately in the event of any changes, so that the information being processed remains up to date and error-free at all times. 

If you purchase the service/purchase the product through our website www.daviscupfinals.com we will ask you to provide us with information about yourself, including your name, contact details and credit or debit card information.

Through this Privacy Policy we inform you that any photographs posted on the website are the property of KOSMOS GLOBAL TENNIS, including those of minors, for which the prior consent of parents, guardians or legal representatives has been obtained by signing forms made for this purpose at the relevant venue. However, parents, guardians or representatives of the minors, as holders of their rights, and always subject to a formal written request, may indicate their refusal to use the image of the minor; in such cases, the image will be shown pixelated.

 

SOCIAL MEDIA

 

We inform you that KOSMOS GLOBAL TENNIS may have a presence on social networks. The processing of data from people who become followers on social networks (and/or make any link or linking action through social networks) of the official pages of KOSMOS GLOBAL TENNIS will be governed by this section, as well as by those conditions of use, privacy policies and access regulations that belong to the social network that applies in each instance and are previously accepted by the User. 

KOSMOS GLOBAL TENNIS will process your data in order to effectively manage your presence on the social network, informing you of activities, products or services of the provider, as well as for any other purpose that the regulations of the social networks allow.

Publication is prohibited of content that:

  • Is suspected of being unlawful under national, community or international law or of engaging in activities that are suspected of being unlawful or of contravening the principles of good faith.
  • That violates the fundamental rights of people, that is not respectful, that is offensive or that could generate adverse reactions from our users or third parties and, in general, any content that KOSMOS GLOBAL TENNIS considers inappropriate.
  • In general, contravenes the principles of lawfulness, honesty, accountability, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.

Furthermore, KOSMOS GLOBAL TENNIS reserves the right to remove, without prior notice, from the website or the corporate social network any content deemed inappropriate.

Communications sent through social networks will be incorporated into a file owned by KOSMOS GLOBAL TENNIS, who may send information of interest to you.

In all cases, KOSMOS GLOBAL TENNIS will be exempt from liability in relation to the security measures applicable to said platform if you send personal information through the social network, and Users should consult the specific conditions of the network in question for further information.

 

SECURITY MEASURES

 

The data you provide will be treated confidentially. The Provider has adopted all technical and administrative measures and all necessary levels of protection to guarantee security in the processing of data and to avoid its modification, loss, theft, unauthorised processing or access, in accordance with the current state of technology and the nature of the data stored. Likewise, it is also guaranteed that the processing and recording in files, programmes, systems or equipment, premises and centres comply with the requirements and conditions of integrity and security stipulated in the current regulations.

 

VIDEO SURVEILLANCE

 

At the David Cups Finals, images are captured for the sole purposes indicated in the purposes section of this privacy policy and/or at the request of the authorities.

We have information available upon request and a video-surveillance zone logo placed in a sufficiently visible position in front of the camera, informing Users that the location is under video surveillance.

The images captured by the cameras shall be limited to the public premises concerned. No images shall be taken of the public road with the exception of a minimal area around the entrances to the venue.

The recording system shall be located in a secure or restricted-access location. The images obtained shall be accessible only to authorised persons and shall be kept for a maximum period of one month from their capture.

 

LANGUAGE

 

The language applicable to this Privacy Policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail.

 

SUBMISSION OF CV

 

Should the User send his/her CV via email, we inform you that the data provided will be processed in order to enable him/her to participate in any recruitment process that may take place, evaluating the applicant’s profile with the aim of selecting the best candidate for the vacant position. We inform you that this is the only official method for accepting your CV; CVs submitted by any other means will not be accepted. In the event of any change in the data, please inform us in writing as soon as possible, in order to keep your details up to date.

The data will be kept for a maximum period of one year, after which it will be deleted, ensuring confidentiality both in the processing and in its subsequent deletion. In this regard, once the aforementioned period has elapsed, and if you wish to continue participating in recruitment processes, please resubmit your CV. 

Your data may be processed and/or passed on to the companies in our group for as long as your CV is kept and for the same purposes as stated above. 

 

CHANGES TO THIS PRIVACY POLICY

 

KOSMOS TENNIS reserves the right to modify this policy to adapt it to new legislation or jurisprudence.

 

LEGISLATION

 

To all effects and purposes the relations between the Users of its electronic services, present on this website, are subject to Spanish legislation and jurisdiction, to which the parties expressly submit themselves.