Information to citizens - Legal notice

General terms and conditions

The State Secretariat for Security located at Calle Amador de los Ríos, 2, 28010, Madrid, is the body of the Central State Administration (owner) responsible for the alertcops.ses.mir.es website and the AlertCops Mobile App (hereinafter jointly called SIMASC) whose main objective is to improve and facilitate access to public safety services so as any person, regardless of the language, country or potential hearing or speech impairment may alert, report or provide information to Law Enforcement Agencies (Police and Guardia Civil) on a criminal act or security incident he/she might be victim of or witnessing. With this aim, the Secretariat provides this document to the users to comply with the obligations regarding Act 39/2015 of 1 October on the Common Administrative Procedures of Public Administration (hereinafter LPAC) of the regulations governing the personal data protection and also to inform them on the use conditions of both technological resources.

The object of the conditions: SIMASC

The objetive of these General Conditions of Use (hereinafter, Conditions) is to regulate the access and use of SIMASC. For the purposes of these Conditions, SIMASC will be understood as the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that may be offered to users (hereinafter, Services).

The State Secretariat for Security reserves the right to modify, at any time, and without prior notice, the presentation and configuration of SIMASC and the Contents and Services that may be incorporated therein. The user acknowledges and accepts that at any time the Secretary of State for Security may interrupt, deactivate and / or cancel any of these elements that are integrated into SIMASC or access to them.

The User

Access to and / or use of SIMASC is completely voluntary and attributes the status of User to whoever performs it. Every User accepts, from the moment they access, without reserve, the content of these instructions and requirements, as well as, where applicable, the conditions or particular instructions that may complement, replace or modify them in any way, in relation to the Services and Contents of SIMASC. Consequently, the User must carefully read all the conditions before accessing and using any SIMASC service under his entire responsibility.

SIMASC access on the part of the users is freely available and generally free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

SIMASC is aimed mainly at Users located in Spain. The Secretary of State for Security of Spain does not ensure that SIMASC complies with the laws of other countries, either totally or partially. If the User resides or has his address in another place and decides to access and / or navigate in SIMASC, he/she will do so under his own responsibility, he/she must ensure that such access and navigation complies with the local legislation that is applicable to him/her, not assuming the Secretariat of State of Security any responsibility that may arise from said access.

Access and use

The State Secretariat for Security informs that the access and use of SIMASC and all their subdomains and directories, as well as the services and contents that may be obtained, are subject to the terms contained in this document.

Should the users do not agree with the conditions detailed in this document they shall refrain from using SIMASC. Any use of the system, its services or contents implies the acceptance of the legal terms contained in this notice. In relation to article 3 of the LPAC, article 3 of Act 15/1999 of Personal Data Protection (hereinafter LOPD) and article 13 of Royal Decree 1720/2007, of 21 de December, implementing the LOPD, governing the consent of children’s data processing, minors under 14 shall not access the AlertCops application without the consent and supervision of the father, mother, tutors or legal representatives.

SIMASC contains information from third party applications. Regarding the information or data provided by third parties, the State Secretariat for Security shall not be held responsible for the contents or connections made by them.

The Secretary of State for Security will make every effort to ensure the proper functioning of SIMASC, however, it is not responsible or guarantees that access to this SIMASC will not be uninterrupted or error-free. Neither does it accept responsibility or guarantee that the content or software that can be accessed through SIMASC is free from errors or causes damage to the User's computer system (software and hardware). In no case will the Secretary of State for Security be responsible for losses, damages or losses of any kind arising from access, navigation and use of SIMASC, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

The Secretary of State for Security is not responsible for any damages that may be caused to users by improper use of SIMASC. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

If you do not agree with the considerations detailed in this document, please do not use SIMASC. Any use that you make of it or of the services and contents included in it, will attribute you the condition of user of SIMASC, which shall imply the acceptance of this Terms and Conditions. In accordance with the provisions of article 3 of the Common Administrative Procedure Law of Public Administrations, (LPAC by its Spanish acronym) article 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, where consent for the treatment of data of minors, minors under 14 years of age may not access the AlertCops application without the consent and assistance of the father, mother, guardians or legal representatives.

Changes of the content

The State Secretariat for Security reserves the right to make changes in SIMASC, at any time and without notice, to modify, correct, update, add or remove contents, structure or design, services or terms of use.

The Secretariat shall make the necessary efforts to handle potential errors and/or alterations that may affect the proper functioning of the service and, if so, to repair and update them as soon as possible. No error or alteration free-service can be guaranteed nor the continuous updating of all the contents.

Information and services provided are regularly updated. Update of the information is not immediate so validity and accuracy must be checked.

Conditions and terms on this document may vary without notice or prior communication. Users are requested to review them when using SIMASC.

User Responsibility

The user agrees to use the services and contents provided by SIMASC in accordance with current legislation and the principles of good faith and accepted uses and not to contravene public safety with his or her actions through both. Therefore, any use for illicit purposes or purposes that damage or impede, may damage and/or overload, in any way, the use and normal operation of SIMASC, or that directly or indirectly threaten it or any third party, is prohibited. This responsibility shall extend to:

The State Secretariat for Security reserves the right to remove all comments and contributions that violate the Law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, public order or security or that, in its opinion, are not appropriate.

Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of SIMASC (texts, designs, graphics, information, databases, sound and/or image files, logos...) and other elements of this site is prohibited, except with the prior authorisation of their legitimate owners or when permitted by law.

Any commercial or advertising use of the aforementioned content, other than that which is strictly permitted, where applicable, and the infringement, in general, of any right derived from the same, is prohibited.

The user shall be solely responsible for the use of SIMASC and for compliance with these general conditions in their entirety. Consequently, the user is obliged to safeguard and not disclose, as his own personal information, when he has them, his access codes, passwords or similar data assigned to access any service. He/she will be directly or indirectly responsible for any damages of any nature derived from the misuse carried out by him/herself or by third parties, this being considered to be that produced as a consequence of his/her negligence, being liable for all damages and losses, as well as those that SIMASC, its responsible body and the managing bodies or units may suffer.

Any infringement of these general conditions may give rise to the exercise of any judicial or extrajudicial actions that may correspond against the user.

Linking policy

The conditions to be fulfilled by users who wish to establish a hyperlink between their website and/or mobile application (App) and SIMASC are as follows:

It is informed that SIMASC may make available to the Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow the Users to access websites belonging to and/or managed by third parties.

The installation of these links in SIMASC is intended to facilitate the Users' search and access to the information available on the Internet, without being considered as a suggestion, recommendation or invitation to visit them.

The State Secretariat for Security does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property which may be accessed through links.

The State Secretariat for Security in no case review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material existing in the aforementioned linked sites.

The State Secretariat for Security assumes no responsibility for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites that are not managed by the State Secretariat for Security and that are linked to SIMASC.

Exclusion of warranties and liability

The State Secretariat for Security and its affiliated bodies do not guarantee, nor are they liable, under any circumstances, for the following events and contents, nor for any damages that might derive from them, where applicable:

The above list is of a mere stating nature and in no circumstances exclusive or excluding in any of its points. In all cases, the State Secretariat for Security and its affiliated bodies shall not be liable for damages of any nature arising directly or indirectly therefrom and any other not specified damages of similar characteristics.

Damages

The access to SIMASC, as well as the use of its information, is the sole responsibility of the user. The State Secretariat for Security will not hold itself liable for any consequence, damage or harm that may arise from this access or use of information, except for all those actions that result from the application of the legal regulations that it must comply with when strictly exercising its powers. The State Secretariat for Security neither can guarantee uninterrupted access or that the accessible contents or software are error free.

This body accepts no liability for damage that may occur to the users for the use of the information contained in SIMASC regarding the decision-making about the start, process or resolution of administrative or judicial proceedings.

In order to avoid unwanted effects, such information must be compared with the appropriate Units, Centres or Bodies. In the event that there is a contradiction between the information provided through SIMASC and that showed by the appropriate Units, Centres or Bodies, the latest shall prevail. Furthermore, the State Secretariat for Security is not responsible, under any conditions, of the consequences that may arise from the use of any contents provided by SIMASC that turned out to be a misinformation.

In no event shall the information and contents of SIMASC be quoted in trial proceedings with the Public Administration. SIMASC does not assume liability for any discrepancy that may exist in the information and contents provided by the relevant body and the electronic version published in SIMASC.

Continuity in providing the service

According to the provisions of the LPAC and of article 11 of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce, when a relevant body had ordered, within the limits of its legally attributed powers, the interruption of the provision of an information society service or the removal of specific contents coming from suppliers settled in Spain, and for that aim it was necessary the collaboration of the intermediary service providers, such body may issue those aforementioned providers the suspension of such intermediary service used for the provision of the information society service or the contents which interruption or removal had been respectively issued.

For its part, according to the provisions of the LPAC and of Act 40/2015, of 1 October, on the Legal Regime of the Public Sector (hereinafter LRJSP) which in its art. 34, first paragraph, states that damages deriving from events or circumstances that could not have been foreseen or avoided according to the state of scientific or technical knowledge at the time when the damage occurred shall not be considered as eligible for compensation, without prejudice of the assistance or economic benefits the law may establish for such cases.

False accusation

This document also informs you that according to the provisions of articles 456 and 457 of the Organic Law 10/1995, of 23 November, on the Criminal Code, those who, with knowledge of their false nature or reckless disregard for the truth, accuse any person of acts that, were they true, would constitute a criminal offence, if that accusation is made before an officer of the court or administration who has the duty to proceed to investigate them, shall be punished with imprisonment or fine, as well as those who pretend being responsible or victim of a criminal offence or report a non-existent criminal offence before said officers.

You are also hereby informed that the person who has been falsely accused may, in turn, denounce or lodge a complaint for insults and slandering against the person who made such accusation.

Intellectual and industrial property rights

The intellectual property rights of SIMASC, its graphic design and the codes it contains, are owned by the General Administration of the State (Ministry for Home Affairs-Secretary of State for Security), unless otherwise indicated. The unauthorized reproduction, distribution, commercialization or transformation of said works, unless it is for personal and private use, constitutes an infringement of their intellectual property rights. All the distinctive signs and marks of any kind contained in SIMASC are protected and reserved by law.

The unauthorized location of the information contained in the SIMASC, as well as the damages caused to the intellectual and industrial property rights of the owner, may give rise to the exercise of the corresponding legal actions, and where appropriate, to the responsibilities that of said exercise are derived.

Terms of service

By means of this mobility application, the user will be able to notify the Emergency Management Centers of those situations of insecurity or emergency included in the predefined situations in the SIMASC system.

The notice will be processed and delivered to the Law Enforcement Agencies in the area where the user is. This will receive notifications of the status changes suffered by the one who has sent.

Personal and health information that the user has voluntarily provided for a better provision of the service, in addition to the geopositioning of the device from which it is generated, will be given to the Emergency Management Center of the police force that is responsible for its care. the alert, if this service is available and the multimedia files that the user has contributed to the alert.

Likewise, the competent Emergency Management Center may contact the person designated by the user as the contact person, in case of need to resolve the case.

It is one more service channel, with the user having the possibility of continuing to use the usual channels in the way they have done so far.

In addition, Alertcops application incorporates the following functionalities: