We want your navigation through our website to be as safe, transparent and comfortable as possible. Below, we provide you with all the legal information regarding the use of our platform.
Through this document, we make available to users, information on the online platform Fundación Científica Grant Management System (GMS), accessible from the website fundacioncientifica.aecc.gms.es, (hereinafter “Platform”).
The ownership of the Platform rests with:
- Company name: Fundación Científica de la Asociación Española Contra el Cáncer (hereinafter FCAECC).
- Tax identification number: G-28655033
- Registered office: Calle Teniente Coronel Noreña, 30, 28045, Madrid (Spain)
- Email address: firstname.lastname@example.org
Access, registration and use of the Platform implies express and unreserved acceptance of all the terms and conditions of use of this Legal Notice, having the same validity and effectiveness as any contract concluded in writing and signed. Its observance and compliance will be enforceable against any person who accesses, uses and registers on the Platform. If you do not agree with the stated terms, do not access or register.
FCAECC reserves the right to modify the presentation, configuration, and content of the Platform, as well as the conditions required for access, registration and/or use. Access, registration and/or use of the Platform's services after the entry into force of its modifications or changes implies acceptance of them.
However, the registration and use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users. These special conditions may replace, supplement or, where appropriate, modify these special conditions of use.
Fundación Científica Grant Management System (GMS) is an online platform to facilitate and unify in a single website the actions related to the processes and monitoring of the various calls published and managed by FCAECC. It manages the presentation, evaluation, and scientific and economic monitoring of applications and projects awarded, facilitating smooth communication between users to meet the objectives and functionality provided by the platform.
It is possible that certain services offered through the Platform, given their specific characteristics, are regulated by particular conditions of use, registration or contracts, which will complement these. In this type of case, the User, before starting to use this type of specific services, must expressly accept these conditions.
The access and use of the Platform requires the previous registration of the User, filling in the forms enabled for this purpose in the Platform, where he will be required to enter his real and true data, an essential requirement, in order to manage our service correctly.
In this sense, all Users:
- Guarantee that the personal data they provide to FCAECC is true, accurate, complete and up-to-date. To this end, each User is responsible for the veracity of all the data he or she communicates and undertakes to keep the information provided suitably updated, so that it corresponds to his or her real situation.
- Will be responsible for the false or inaccurate information they provide through the Platform and for the damages, direct or indirect, that this causes to FCAECC or to third parties.
In any case, for registration the User must be of legal age (≥18 years).
Requirements to register as a User
It is a prerequisite for registration on the platform to be of legal age.
In this respect,
.- In the case of the Applicants/Collaborators, a link to the scientific field is required.
.- In the case of the Research Center Managers/Grant Manager/ Claim Submitter, a link to a Research Center is required, so as the corresponding authorisation by that Center, to carry out procedures on their behalf.
.- In the case of the Mentors, training and experience in a specific area of knowledge related to research and/or innovation, among others, is required.
.- In the case of the Reviewers, experience in competitive evaluation processes is required.
.- In the case of the Patients, it is necessary to have training in the specific area of knowledge, to have a direct or indirect link to cancer, and to be authorised by the Asociación Española Contra el Cancer to participate.
The User account is personal and non-transferable. The password, which is also personal and non-transferable and valid for an unlimited period of time, must be generated by the User in accordance with the rules of robustness and complexity that are established at all times by the Platform. In the event that the User enters a password that does not meet the minimum-security characteristics, he/she will be informed and asked to enter a password that meets the required formalities.
Users agree to make diligent use of their password and to keep it secret, not to transmit it to any third party. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered users on the Platform, and undertake not to transfer their use to third parties, either temporarily or permanently, nor to allow access to them by outsiders. In this sense, Users will be responsible for any illicit use of the Platform by third parties.
FCAECC may contact Users at any time to prove their real age by providing a photocopy of their National Identity Card or equivalent document, as well as documentation accrediting the specific conditions and characteristics required for each profile. If this information is not provided within the period of time indicated to the User, FCAECC reserves the right to block or cancel the account of said User.
The data of the National Identity Card or of the documents provided will be used only and exclusively by the authorised personnel of FCAECC to carry out the task of identification and verification, and in no case will they be treated for any other purpose.
If FCAECC is informed that a user who does not comply with the required characteristics is registered as a User, the necessary measures will be taken and the account of that User may be deleted or blocked.
FCAECC requests that any abuse or infringement of the Legal Notice that is detected, and in particular, those affecting minors, be reported immediately through the indicated means of contact.
Request for cancellation as a user
At any time, the Users can request the cancellation of their account of the Platform, by means of written communication to FCAECC through the address email@example.com, indicating your username and your status as a User.
In any case, once the cancellation is done, the User will be able to request a new registration as User, being reserved the faculty of FCAECC of not admitting this registration in the concrete cases specified in the clause called "PROHIBITIONS" or in case of conflict or controversy arisen between the parts, to solve or to finish with recognition of fault or negligence of the user and/or damage to FCAECC to his collaborators or his users.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
FCAECC is the owner or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Platform, as well as the rights of intellectual and industrial property on the information, materials, and content of the same.
Under no circumstances will it be understood that access, registration and use of the Platform by Users implies a waiver, transmission, licence or total or partial assignment of these rights by FCAECC. The User has the right to use the contents and services of the Platform within the scientific field and related to the different calls and to its contractual relationship with FCAECC.
References to registered trademarks or trade names, or other distinctive signs, whether owned by FCAECC or third parties, carry an implicit prohibition on their use without the consent of FCAECC or their legitimate owners. At no time, unless expressly stated otherwise, does access to, or use of the Platform give Users any right to distinctive signs included in it.
Content published on the Platform
In case of an Applicant/Collaborator/Grant Manager/ Research Center Manager/Claim Submitter:
We inform those Users who publish content, such as their scientific profile, their project, as well as the didactic material related to it, that as the author of those attachments hosted in the Platform, they must accept and comply with the rights of the Platform itself. The content that is published belongs to the User, who guarantees to have all the necessary authorisations to carry out the above-mentioned publication, keeping the FCAECC free of any damage or claim from a third party.
When content is shared, publicly or uploaded to the Platform, it will be considered that FCAECC is automatically granted permission to host, upload, maintain, reproduce and display such content on the Platform.
The User may modify and delete the information and content uploaded to his/her profile, at any time, without prejudice to other Users being able to continue viewing those documents shared or downloaded previously.
In the event that the User does not comply with his obligations as author and responsible for the content, he fully assumes the responsibilities that may arise, either to FCAECC, or to any other third party that considers his rights damaged, assuming any type of expenses, fees and indemnities that may arise.
On the other hand, if you are a Reviewer/Patient/Mentor:
In the case of Users sending information of any kind to FCAECC through the channels enabled for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties.
Likewise, these Users will have access to contents published by Applicants/Collaborators/Grant Manager/ Research Center Managers/Claim Submitter, owners of the Projects that have been assigned to them, either for their evaluation or monitoring. Therefore, and in accordance with the purpose and limitation of said access, these Users undertake to keep them absolutely confidential, indefinitely, and not to use them for purposes other than those derived from the legitimate use of the Platform, in accordance with their profile and their contractual relationship with FCAECC, not even for their own use, nor to allow access to them or communicate them in any way to third parties, not even for their mere conservation. Likewise, once the legitimate reason for their access to these data has ceased, for whatever reason, they undertake not to keep any copy of them.
The Users acknowledge that they assume responsibility, leaving FCAECC unharmed by any communication they provide personally or in their name, and that this responsibility is unrestricted by the accuracy, legality, originality and ownership of the same.
a) Links to other websites
That the inclusion of links to third party websites in the User profiles is expressly enabled, provided that these are legal and lawful, do not contravene the law, morality, public order or generally accepted social norms and do not have an associated economic activity, either directly or indirectly.
In relation to the links published by us, we are committed to ensuring that the content of these links complies with current regulations, as well as with the Legal Notice. FCAECC also undertakes to remove them immediately as soon as it becomes known that the linked content does not comply in any way with any of the indications given.
FCAECC is not responsible for the links included by the Users, being the latter the only ones responsible in this regard.
The inclusion of any kind of link from the Platform to another website does not imply that there is any kind of relationship, collaboration, or dependence between FCAECC and the person responsible for the other website.
b) Links on other websites
FCAECC informs that it has neither the power nor the human or technical means to know, control or approve all the information, content, products, or services provided by other websites that contain links to the Platform.
Therefore, FCAECC does not assume any responsibility for any matter related to these links or to the websites where they are located, such as access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents in general.
SECURITY AND IDENTITY THEFT OF USER PROFILES
It is not permitted to provide false or third-party data for the registration of Users. The use of false data or third parties without their express authorisation will be considered identity theft, an act that constitutes an infringement and, therefore, is punishable under current legislation.
Therefore, it is necessary to identify the Users, and if FCAECC detects or has signs of impersonation, it will proceed to identify the User, requesting a copy of the National Identity Card, passport or similar official document, proceeding to the automatic deletion of the account if the required documentation is not obtained or if no response is received.
As soon as FCAECC is aware that any kind of situation involving the impersonation of a user is taking place, it may initiate the corresponding legal actions.
It is not allowed and, therefore, will be the sole responsibility of the Users the consequences derived from, the access and registration in the Platform with illegal or not authorised purposes, with or without economic purpose.
Specifically and without limitation, the following list is prohibited:
- Communicate through the Platform content that may be considered as a violation in any form of the fundamental rights to honour, personal and family privacy or the image of third parties and, in particular, of minors.
- Communicate through the Platform content that violates the secrecy of communications or involves an infringement of intellectual and industrial property rights or the rules governing the protection of personal data.
- Communicate through the Platform content that contains "spam" and/or links to sites unrelated to the corresponding space
- The use of the Platform may cause damage, interruptions, inefficiencies or defects in its functionality or in third party devices;
- The use of the Platform to transmit, install, publish any virus, malicious code or other harmful programs or files;
- The use of the Platform to collect personal data from other users or for illegal purposes, against good faith, morals and public order;
- Registering under a false identity, impersonating third parties, using a profile or performing any other action that may confuse the User's identity;
- Breaking, or attempting to break, the security or authentication measures of the Platform or any network connected to it, or the security or protection measures inherent in the content offered on the Platform;
- Using the Platform in a way that causes disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of FCAECC, as well as in the systems and networks connected to the Platform; or
- To prevent the normal development of any activity available through the Platform or any of its functions, either by altering or trying to alter, illegally or in any other way, the access, or operation, or by using fraudulent methods, by any procedure, and/or by any practice that attempts or violates in any way this Legal Notice.
In the event that a User fails to comply with any of the aforementioned obligations, FCAECC may adopt the necessary measures protected by law and in the exercise of its rights or obligations, and may even delete or block the User's account, without any possibility of compensation for the damages caused.
Users who fail to comply with these prohibitions will be responsible for any claims arising as a result. Even if no claim is made by a third party, FCAECC reserves the right to prevent access to the platform, or to participate in the spaces provided therein to such infringing users.
Prohibitions on acquired content
Any use that has not been expressly authorised in the Legal Notice or in express authorisation to the contrary is strictly prohibited.
We indicate a series of uses that are absolutely prohibited with respect to the content acquired through the Platform:
- The use of content for publication, sale, marketing or, where appropriate, the creation of derivative works.
- The use of the content in third physical or digital platforms that could enter in competition with the Platform ownership of FCAECC or discredit or improper publication of content owned by other Users.
- The use of the content on platforms, physical or offline, that allow third parties to view and/or download it.
- The use of the content, removing any type of notice of ownership, trademark or property right, including those cases where these are not visible.
In those spaces enabled for communication between Users, it is prohibited to use the Platform to publish, send or transmit:
- Threatening, defamatory, excessive, vulgar, obscene, pornographic, fraudulent, or revealing private or personal matters, including advertising. Including any information, images, videos or even links (hyperlinks) that connect with illegal content.
- Content and statements of a political, linguistic and/or religious nature or which induce hatred, or language which may incite to illegal activity.
- Material that you do not have the right to transmit legally or contractually.
- Any personal, identifying or contact data, among others, that may put the privacy of any third party at risk.
Users shall be solely responsible for all statements and actions that occur through the use of their user name and password.
It is requested that any User who detects an unauthorised use be notified through the channels established in this Legal Notice.
RESPONSIBILITIES AND GUARANTEES
FCAECC cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information and/or services of the Platform, nor the usefulness or truthfulness of the documentation made available through it.
Accordingly, FCAECC does not guarantee and is not responsible for: (i) the continuity of the Platform; (ii) the absence of errors in it; (iii) the absence of viruses and/or other harmful components in the Platform or in the server supporting it; (iv) the invulnerability of the Platform and/or the impossibility of violating the security measures adopted in it; (v) the lack of usefulness or performance of the contents of the Platform; and (vi) the damage or harm caused to itself, to a user or to a third party by any person who infringes the conditions, rules and/or instructions established on the Platform or through the violation of the security systems of the Platform.
However, FCAECC declares that it has adopted all the necessary organisational and technical measures, within its possibilities and the state of the art, to guarantee the operation of the Platform and to reduce system errors to a minimum, both from a technical point of view and in relation to the contents of the Platform.
If a user fails to comply with his or her obligations or hinders the compliance of third-party obligations, he or she shall respond for the damages caused, both for emerging damage and for lost profits.
In any case, FCAECC reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, access to and/or use of the Platform's services, with or without prior notification, to users who contravene any of the provisions detailed in these Legal Notice, without the possibility of the user demanding any compensation for this cause.
PRIVACY AND COOKIES POLICY
JURISDICTION AND VENUE
All the clauses or sections of this Legal Notice must be interpreted independently and autonomously hence no stipulation shall be affected in the event that another is declared null or inapplicable by a judicial or arbitration resolution. The affected clause or clauses will be replaced to preserve the effects sought by the Legal Notice.
The fact that FCAECC does not exercise or enforce a right or provision contained in this Legal Notice shall not constitute a waiver thereof unless acknowledged and agreed to in writing by FCAECC.
Regardless of the user's geographical location or nationality, and where the applicable regulations provide for the possibility for the parties to submit to a specific jurisdiction, for any dispute or conflict that falls under the Platform the Spanish legislation will apply and the competent authorities for the resolution of all conflicts arising from or related to the use of the Platform shall be the Courts of Madrid (Spain) and, where appropriate, the consumer arbitration courts or any other alternative dispute resolution body to which FCAECC may be affiliated at the time of the dispute.
To file a complaint regarding the use of our services, you can send us a letter to the e-mail address or physical address indicated above, and we undertake to attend to all the notifications we receive in this regard.
Last updated: May 2020