GENERAL TERMS AND CONDITIONS FOR DONATIONS

The following General Terms and Conditions for Donations (also “the Terms and Conditions”) contain the information required before making a donation via the website at www.vhio.net, as well as the rights and obligations that may stem from the relationship between FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (hereinafter, VHIO), tax identification number (NIF) G64384969, with registered address at CENTRO CELLEX, Calle Natzaret, 115-117, 08035, Barcelona.

1 PURPOSE

These Terms and Conditions govern the process for making a donation via the website owned by VHIO for users wishing to do so voluntarily after completing the corresponding form with the information necessary for establishing a relationship between VHIO and the individuals or legal entities making the donation.

The donor must read the Terms and Conditions in full each time they wish to make a donation or contribution to VHIO via this website. The Terms and Conditions will apply to all donations made via the website and donations will be governed by those in force at the time that each donation is made.

2 STATUS AND REGISTRATION BY THE DONOR

Anyone accessing the website, providing the data required, making a donation by following the instructions on the website and fully accepting these Terms and Conditions will be considered a donor. VHIO reserves the right to cancel the donation if the information provided is believed to be false or inaccurate.

3 ACCEPTANCE OF THE TERMS AND CONDITIONS

The donor declares to be of legal age and that they have read these Terms and Conditions in full, as well as the instructions on how to make the donation. The donor unreservedly accepts these Terms and Conditions when making any kind of donation.

4 HOW CAN I MAKE A DONATION?

In order to make a donation online, the user must complete the form made available by VHIO in the section at https://vhio.net/es/donate/donar/.

Donations can be made via:

• Bank account number: The donor must provide their bank account number and, when wishing to make regular donations, authorise VHIO with Spanish Tax Code (NIF) G64384969 to collect the indicated donation amounts by direct debit from the bank account specified in this form. All operations involving the transfer of personal data or bank details take place within a secure environment: a server based on standard SSL (Secure Sockets Layer) security technology. All information provided to us is network encrypted. Furthermore, credit card details are entered into the website of the bank directly and are not added or stored on any server operated by VHIO. When making a donation with VISA or MASTERCARD, the following details will always be requested: card number, expiry date and a security code that coincides with the last three digits printed in italics on the back of the VISA or MASTERCARD so as to offer greater transaction security guarantees. In the event that a donation is fraudulently or unduly charged by using a payment card number, the holder may immediately request cancellation of the charge. In such cases, the corresponding debit notes and refunds will be made in the accounts of the provider and the account holder as soon as possible.
• Bank transfer: The donor may send us a direct donation via transfer to the following account:

• Bank account number: 2100-0764-37-0200118211
• IBAN: ES76 2100 0764 3702 0011 8211
• SWIFT: CAIXESBBXXX
• Name: CaixaBank, S.A.
• Address: Av. Diagonal 530, Planta 1, 08006, Barcelona, Spain
• Account holder: FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (VHIO), with Spanish Tax Code (NIF) G64384969 and address at CENTRO CELLEX, Calle Natzaret 115-117, 08035 Barcelona.

Please note that donations should be made in EUROS and that any possible exchange rate and bank fees must be paid by the donor.

5 DONATION CERTIFICATE

Once a donation has been made, VHIO will send the Donation Certificate to the email address provided in the form as soon as possible. This document validates the donation and can be filed with your tax return.

If the donor does not receive the Donation Certificate within one week, they should send an email to economia@vhio.net.

6 PROCESS FOR CANCELLING RECURRING DONATIONS

A user may suspend or cancel standing order donations by sending a request by email to economia@vhio.net.

7 PRIVACY AND PERSONAL DATA PROTECTION

FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON VHIO is the Data Controller responsible for processing the personal data of the data subject and informs that said data will be processed in accordance with the provisions of current regulations and those governing personal data, in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), for the purpose of which the following data processing information is provided:

Purpose of processing

To manage donations and contributions received.

The purpose of processing is to carry out the administrative, accounting and tax management of donations, as well as to comply with the legal obligations linked to them that apply to our organisation.

Categories of data processed

For the management of donations and compliance with related legal obligations, FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (VHIO) may process the following categories of personal data:

• Identification data: first name and surname, national identity document (DNI), tax identification number (NIF) or equivalent document.
• Contact data: postal address, email address and telephone number.
• Financial and banking data: bank account number (IBAN), account holder, data necessary for payment processing and collection, as well as information relating to donations made.
• Tax data: data required for issuing donation certificates and for compliance with legally required tax obligations.
• Donation-related data: amount, frequency, date, payment method used and any other information related to the administrative management of the donation.
• Data relating to the identification of beneficial ownership, where legally required in the case of donations made by legal entities or in compliance with anti-money laundering and counter-terrorist financing regulations.

Personal data will be provided directly by the donor or their duly authorised representative and must be adequate, relevant and limited to what is necessary for the purposes described in this policy.

Retention period

Personal data will be retained only for the time strictly necessary to fulfil the purpose for which it was collected, as well as to comply with applicable legal obligations.

Data related to donation management and the issuance of tax certificates will be retained for the period required under current tax regulations, currently four years in accordance with the General Tax Law, without prejudice to any limitation periods that may apply.

Data necessary for compliance with anti-money laundering and counter-terrorist financing obligations will be retained for the legally established period, which may extend up to 10 years, in accordance with Law 10/2010 and its implementing regulations.

Once the applicable retention periods have expired, the data will be deleted or, where appropriate, blocked, remaining available only to courts, the Public Prosecutor’s Office or competent public authorities during the limitation period for any potential legal liabilities.

After these periods, the data will be permanently deleted using secure procedures that ensure its destruction or, where applicable, irreversible anonymisation.

Legal basis for processing

Your data will be processed on the following legal grounds: Consent (management of donations where the provision of personal data is voluntary) – Article 6.1(a) GDPR. Performance of a contract for the management of the donation – Article 6.1(b) GDPR.

Legal obligation when issue of the tax certificate is requested and for donations equal to or greater than €100 – Art. 6.1(c) GDPR, in particular:

• Spanish Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing.
• Spanish Royal Decree 304/2014, of 5 May, approving the Regulations governing Spanish Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing.
• Spanish Law 49/2002, of 23 December, governing the fiscal regime for non-profit organisations and fiscal incentives for patronage.
• Spanish Royal Decree 1270/2003, of 10 October, approving the Regulations for application of the fiscal regime for non-profit organisations and fiscal incentives for patronage.

Donations may be made anonymously except under the following circumstances:

• Where the donor freely decides to provide their personal data.
• Where the donation amount is equal to or greater than €100 (in compliance with Article 42 of Royal Decree 304/2014, approving the Regulation of Law 10/2010 of 28 April on the Prevention of Money Laundering and Terrorist Financing). Where the donor is a legal entity, we must identify the beneficial ownership of donor entities and maintain a record of them.
• Where the user requests the issuance of a tax certificate.

Recipients or categories of recipients

Data will not be shared with third parties unless strictly necessary for compliance with the stated purpose, a legal obligation or a court order. In this regard, donors (where they are not anonymous) are informed that their personal data included in documents or records may be made available to the supervisory authority for foundations, the Commission for the Monitoring of Terrorist Financing Activities, the Commission for the Prevention of Money Laundering and Monetary Offences, or their supporting bodies, as well as to administrative or judicial authorities with competence in the prevention or prosecution of money laundering or terrorism.

Similarly, data will also be made available to administrative or judicial bodies responsible for fiscal affairs.

Your data may also be shared with individuals or legal entities providing services to our entity as data processors with which the corresponding contract has been signed (e.g. IT professionals responsible for backup copies, etc.).

As a general rule, your personal data will not be transferred outside the European Economic Area. However, if the provision of certain services requires an international data transfer, this will be carried out in accordance with Articles 44 et seq of Regulation (EU) 2016/679 (GDPR), adopting appropriate safeguards required by applicable law, such as European Commission adequacy decisions or the signing of standard contractual clauses or other legally provided mechanisms.

In the event of international transfers being carried out, FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (VHIO) will obtain your prior explicit consent for this.

Rights of the data subject

Pursuant to current regulations governing personal data protection (Articles 15 to 22 GDPR and 12 to 18 LOPDGDD), we inform you that you may freely exercise the following rights:

• Right to access
• Right to rectification
• Right to limitation on processing
• Right to erasure (right to be forgotten)
• Right to oppose processing
• Right to data portability
• Right to not be the subject of individual automated decisions or profiling
• Right to withdraw consent, when it has been granted

To exercise rights under applicable data protection legislation, you must meet the legally required conditions and send your request to the postal address indicated above or to the email address lopdvhio@vhio.net, and you may do so personally or through duly authorised legal or voluntary representation.

You must submit your request specifying the right being exercised and attaching a valid proof of identity (for example, a national identity document). If exercised through representation, documentation proving such representation must be provided, along with proof of identity of the representative.

You may also contact the data protection officer by writing to the email address dpd.cliente@conversia.es or phoning 872 987 665.
Contact details for exercising your rights: FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (VHIO), with Spanish Tax Code (NIF) G64384969 and address at CENTRO CELLEX, Calle Natzaret 115-117, 08035 Barcelona.

You also have the right to lodge a complaint with the Spanish Data Protection Agency (AEPD), www.aepd.es, if you consider that the processing of your personal data does not comply with the applicable legislation.

In the event of an error by the donor in entering their data, they must notify FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (VHIO) via the telephone number or email provided on the website.

FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (VHIO) has adopted all necessary technical and organisational measures to ensure the security and integrity of the personal data it processes, as well as to prevent loss, alteration and/or unauthorised access by third parties.

8 APPLICABLE LAW AND JURISDICTION

Any dispute or conflict regarding the interpretation of the provisions of these Terms and Conditions of Use, as well as any matter related to the donation, will be governed by Spanish law.

In the event of a dispute, the parties agree to submit their conflicts to arbitration or ordinary jurisdiction in compliance with the provisions on jurisdiction and competence in this regard. FUNDACIÓ PRIVADA INSTITUT D’INVESTIGACIÓ ONCOLÒGICA DE VALL D’HEBRON (VHIO) has its registered address in Barcelona, Spain.