Information to citizens - Legal notice



Description


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.



Access and Use


1. The access and/or use of SIMASC is fully voluntary and confers the condition of user. By accessing it, the users accept without reserve, the content of these instructions and requirements as well as, where applicable, the conditions or instructions which might complement, substitute or modify them in any sense regarding the services and contents of SIMASC. Consequently, users are invited to read carefully all the conditions before accessing and using any service of SIMASC under their entire responsibility.


2. 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.



3. 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.



Changes of the content


1. 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.


2. 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.


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


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



Users responsibility


1. The users agree to use the services and contents provided by SIMASC in line with the current legislation, principles of good faith and the generally accepted uses and not to act against public safety. Any use of unlawful purposes or which may hinder, prevent, disrupt or overload, in any way, the use and normal functioning of SIMASC or which directly or indirectly constitutes a threat to it or to a third party is forbidden.


2. The users agree to provide true and accuracy information concerning them in the SIMASC forms.


3. Any reproduction distribution, communication, adaptation or modification, by any means and any form, of the SIMASC contents (texts, designs, graphics, information, databases, sound and/or image files, logos, etc.) and of other components of this site, except prior consent of the legitimate holders or when lawfully, are forbidden.


4. Any commercial or advertising use of the above detailed contents, other than the strictly legal use, is forbidden as well as the, violation, in general, of any right derived thereof.


5. Users wishing to create an hyperlink between the Website and/or the Mobile Application (App) with SIMASC shall fulfill the following conditions:


a. Hyperlinks shall only be allowed under the conditions laid down herein.


b. No pages other than the Web/App home page shall be used to create hyperlinks, unless authorised otherwise.


c. In no way shall it be implied that the State Secretariat for Security (owner or bodies dependent on) authorises the hyperlinks, controls or takes responsibility, in any way, for the services or contents of the Web/App from which the hyperlink is created.


d. No misleading, incorrect or inaccurate statements or references about the sites and services of SIMASC shall be made.


e. Unless otherwise authorised by this Secretariat, the website from which the hyperlink is created shall not have or show any institutional image or emblem (brand, brand name, designation, logo, shield, distinctive sign) bearing a reference to the Ministry of the Interior, the State Secretariat for Security or the bodies dependent on, except for the hyperlink signs themselves.


f. The creation of browsers or border environments for the Website or the Mobile Application is explicitly prohibited.


g. Neither contents contrary to the right of third parties or contrary to the morality and accepted standards of behaviour, nor unlawful contents or information, shall be included in the website from which the hyperlink is created.


h. Existence of a hyperlink between a Website and/or App and SIMASC does not imply any relation between the State Secretariat for Security (nor its owner or dependent bodies) or the owner thereof, nor the acceptance or approval of its contents and services.


i. Users shall be solely responsible for the use of this site and the fulfillment of all the general terms. Consequently, should they have login details, passwords o similar data to access any service, this personal information shall be safeguard and not disclosed. They shall be held responsible directly or indirectly for any damage arising from the misuse by them or third parties ─ this being understood as the damage involving negligence ─ assuming liability for any damage, including the damage which SIMASC, the body responsible thereof and the management bodies or departments might suffer.


j. Infringement of these general terms may result in the relevant judicial or extrajudicial actions against the users.



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:


1. Lack of availability, continuity, access, maintenance and effective functioning of SIMASC and/or its services and updating, accuracy, completeness, relevance, timeliness and reliability of its contents, whatever the cause and the difficulties or technical problems or problems of any other kind in which originate said events.


2. The existence and/or transmission of viruses, other harmful elements or programs which may potentially damage the user´s computer system, as a result of accessing, using or browsing the website, or cause alterations in their electronic documents or files.


3. The illicit, negligent or fraudulent use, impersonating of a third party or contrary to the contents of these general conditions, good faith, generally accepted uses or public order, of the SIMASC, its services or contents, by the user.


4. The violations or infringements by third parties of the laws, customs or practices in force with regard to intellectual and industrial property rights, business secrets, contractual commitments, rights to privacy, honour, image, property, publicity or competition, among others, of third parties.


5. Faults or defects in the contents and/or services accessed through SIMASC.


6. The reception, storage, procurement, broadcasting or transmission by the users of the contents of SIMASC.


7. The awareness of any information on the characteristics and circumstances of the use made by users of SIMASC and its contents and services that unauthorised third parties may possess or use.


8. 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


1. 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.


2. 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.


3. 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


1. 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.


2. 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


1. 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.


2. 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


1. The intellectual and industrial property rights of SIMASC, its graphic design and codes are property of the State Administration (Ministry of the Interior- State Secretariat for Security), unless otherwise indicated. The non-authorized reproduction, distribution, trade or transformation of such pieces, unless for private and personal use, is a violation of the intellectual property rights of the said institutions. All trademarks and distinctive signs of any kind that appear in SIMASC are reserved and protected by Law.


2. The non-authorized use of the information contained in SIMASC, as well as the damages caused in the rights of intellectual and industrial property of the holder will give rise to the corresponding legal actions and, when appropriate, to the responsibilities that may result from carrying out these measures.



Privacidad de Datos


1. According to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and to the Organic Law 15/1999 on Personal Data Protection (LOPD) and its enforcing regulations, the Spanish Ministry of the Interior through the State Secretariat for Security, responsible for the information system SIMASC in compliance with the provisions of articles 5 and 6 of the LOPD, informs the users of the website and mobility application AlertCops who have provided or will provide their personal details that this information will be included in an automated file which is duly inscribed in the Spanish Data Protection Agency, for which the State Secretariat for Security, with registered address at C/ Amador de los Ríos, 2 – 28010 Madrid, is responsible. The data stored in said file will be used exclusively for the purposes specifically indicated at point 2 and will be processed in an appropriate way by the party responsible for the file.


2. By checking this box, users over 14 expressly, freely, unmistakably accept that their personal details will be processed by the State Secretariat for Security in order to perform the following:


a. Receipt and forwarding to the Emergency Management Centres of the State Security Forces (091 or 062) of the communications of the registered user in the face of a situation of insecurity or emergency, listed among the situations predefined in the system, sending automatically the user information, which will be defined during the registration, with his/her location and emergency situation.


b. Performing statistical studies.


c. Forwarding alerts and security notices according to the personal details and location information provided by the user.


d. Forwarding communications important for the citizen security through email, fax, SMS, MMS, social networks or any other, current or future, electronic or physical means that make this communication possible. Such communications will be associated to the services offered by the provider, as well as by other bodies of the State Administration, Autonomous Communities or Local Authorities with responsibility for citizen security, with which the service provider had reached an agreement. In this case, third parties will never have access to the personal details. In any case, the communications will be performed by the provider and they will be about services related to the citizen security sector.


3. The provider expressly informs and guarantees users that their personal details will not be disclosed in any case to third parties not belonging to the State Security Forces, only with the prior specific, informed and unequivocal consent of the holders of such personal data.


4. All the personal details requested during the user registration process through the mobility application are provided voluntarily by the user or, if appropriate, with the consent of a parent, legal guardian or legal representative, for the provision of the best possible service. In the event that not all the details had been provided, the provider does not guarantee the service is totally suited for the user's needs. The user guarantees the veracity of the information provided.


5. In all cases the provider guarantees the user the exercise of the rights to access, rectify, cancel, inform and oppose, in the terms stipulated in the current legislation. Therefore, according to the Law 15/1999 on Personal Data Protection, users may exercise their rights by sending a specific request to the following government organization:


Subdirección General de Sistemas de Información y Comunicaciones para la Seguridad, C/ Cabo López Martínez, s/n – 28048 El Pardo - Madrid.


6. Similarly, the body responsible for the file has adopted all the required technical and organizational measures to guarantee the security and integrity of the personal data processed to avoid its loss, alteration and/or access by non-authorized third parties and to guarantee that the age of the minor and authenticity of the consent given by the parents, legal guardians or legal representatives have been effectively verified.



Terms of service


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


The notice will be processed and delivered to the State Security Forces competent for the area in which the user is located. The user will receive notifications of any changes to the state of the notice sent.


The Emergency Management Centre of the police force with competence to process the said notice will receive the personal and health data voluntarily provided by the user for a better service provision, as well as the geo-positioning of the device from which the alert was generated, if that service is available, along with the multimedia files that the user has added to the alert.


2. Likewise, through the competent Emergency Management Centre it will be possible to reach the person designated by the user as contact person, if required to address the case.


This is another service channel; users have the possibility of continuing using the normal channels.


In addition, the application AlertCops incorporates the following functions:


a. Sending photos and videos.


Registered users may send from their mobile devices directly to the Emergency Management Centres of the State Security Forces photos and videos related to an alert issued. These multimedia elements may be incorporated to the police, administrative and judicial actions that may result from the alert issued.


b. Follow-up of the active alerts.


When users send an alert through the AlertCops application, they will have the option that the mobile application sends regularly their location for as long as such alert is active. Therefore, users must expressly enable this option at the moment of sending the alert. Their location will be shown at the GIS of the Emergency Management Centre of the corresponding police force. To activate the “follow-up of the active alerts” option, users must enable the geo-positioning service of the AlertCops application on their mobile devices.


c. Guardian function.


With the guardian function, the AlertCops application allows that the location of a (protected) user be transmitted to a third party, which can be another user registered with SIMASC who has the AlertCops application installed on his mobile device (private guardian) or to a public body responsible for the protection of citizens' security (public guardian). If the user chooses a private guardian, he must give the mobile phone number of the contact chosen to be his guardian. The protected user may expressly enable if he wishes that his guardian is informed if a new alert is created. On his part, the guardian user must explicitly accept the request to perform said function of guardian for the person who has so requested. From the moment both mobile phones are linked as guardian user and protected user, respectively, the guardian user may visualize on the AlertCops application the location of the user that he protects, as long as the latter clearly states so. The protected user can disable this function at any time. If he chooses a private guardian, no Emergency Management Centres of the State Security Forces will be able to visualize the location of a protected user. In case the user chooses a public guardian amongst the Emergency Management Centres of the State Security Forces available as guardians, said centre can visualize the location of the registered protected user, who can enable or disable this option of visualization by the public guardian at any time. The Emergency Management Centre of the State Security Forces that answers the alert may disable this function when it cannot offer the service of public guardian and, in any case, when the device has gone outside the geographic scope in which the service is supplied. To enable the guardian function, whether private or public, the user must have enabled the geo-positioning services of the AlertCops application on his mobile device.


d. Geo-positioned notices and notifications.


This function allows the Emergency Management Centres of the State Security Forces to send a message to all users of the AlertCops application which are within a certain area. When a user enters an area where the function of sending a geo-positioned notice is enabled, he will get a notification on his mobile phone from AlertCops with the same delivered. To be able to read the entire message, the citizen must access it through AlertCops within the notifications area. The exact location of the user who selects this function cannot be visualized by the Emergency Management Centre that issues the geo-positioned notice. To receive such notices, the user must have enabled the geo-positioning services of the AlertCops application on his mobile device.


e. Geo-positioned alerts.


This function allows defining specific alerts related to a certain geographic area. In this case, when a user enters an area where a geo-positioned alert is enabled, the screen of alerts of the AlertCops application will be updated, to include the specific alert of that area together with the other alerts. This way, if the user enables this specific alert, it will be directly sent to the Emergency Management Centre specifically designated to process it. This type of alerts will be available in a certain area and only in that area, and to enable it will only be possible during a period of time, after which it will permanently disappear from the warning screen. To receive such notices, the user must have enabled the geo-positioning services of the AlertCops application on his mobile device.



Use of Cookies and activity files


1. The provider may use cookies when the user browses the website. Cookies are files sent to the browser by a web server in order to record the activities of a user on a website.


2. The cookies used by the website are associated solely to an anonymous user and the computer he is using and do not provide any personal information about the user.


3. Through the use of cookies, the server where the web is located is able to recognize the web browser employed by the user in order to make the navigation easier, allowing the users that have signed up previously, for example, the access to areas or services reserved exclusively for them without signing in each time. Cookies are also used to measure the audience and traffic parameters, and to monitor progress and the number of entries. Users can configure their browsers to be warned of the reception of cookies and to prevent the creation of cookie files on their devices. Please read your browser instructions and manuals for more information. To use the website, it is not necessary for the user to allow the installation of cookies sent by the website.


4. The cookies used are in any case of a temporary nature and solely for the purpose of making subsequent transmission more efficient. Under no circumstances the cookies will be used to collect personal information.



IP Addresses


The web servers will automatically detect the IP address and domain name employed by users. An IP address is a number that is automatically assigned to a computer once connected to the Internet. All this information is recorded in a duly registered activity file of the server that allows the subsequent data processing to obtain only statistical measurements that help knowing the number of visits made to the web services, the order of the visits, the access point, etc.



Security


1. The SIMASC employs information security techniques that are generally accepted within the industry, such as firewalls, access control procedures and cryptography, to appropriately protect confidential information from unauthorized access. To achieve these ends, the user accepts that the provider obtains information for the proper authentication of the access controls.


2. According to the LOPD, every process involving the recording of personal details, particularly in the case of high level details (gender-based violence, state of health, injuries…) will always be transmitted through a secure communication protocol (SSL, TLS…), in a way that no unauthorized third party has access to the data electronically sent.