Data Protection Policy

1. Introduction

This Data Protection Policy governs the processing of personal data provided by the USER through the icapital.es website, which ICAPITAL AF, Agencia de Valores, S.A. makes available to Internet USERS. This Policy is accessible at all times from the portal.

The USER guarantees that the data provided is true, accurate, complete and up to date, and is responsible for any direct or indirect damage or harm that may arise from failure to comply with this obligation. If the data provided belongs to a third party, the USER guarantees that they have informed that third party of the aspects contained in this document and obtained their authorisation to provide their data to ICAPITAL AF, Agencia de Valores, S.A. for the stated purposes.

ICAPITAL AF, Agencia de Valores, S.A. complies with current legislation on personal data protection, USER privacy and the confidentiality and security of personal data, in accordance with applicable data protection law, specifically Regulation 2016/679 (EU) of 27 April 2016 and Organic Law 3/2018 of 5 December on Personal Data Protection and the guarantee of digital rights, adopting the necessary technical and organisational measures to prevent loss, misuse, alteration, unauthorised access and theft of personal data provided, taking into account the state of technology, the nature of the data and the risks to which they are exposed.

In particular, portal USERS are informed that their personal data may only be obtained for processing when it is adequate, relevant and not excessive in relation to the scope and the determined, explicit and legitimate purposes for which it was obtained. Access to the website is free except for the cost of connection through the telecommunications network supplied by the access provider contracted by users.

2. Who is the data controller?

Article 4.7 of Regulation (EU) 2016/679 of 27 April 2016 (hereinafter, GDPR) defines the controller as the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing; where Union or Member State law determines the purposes and means of processing, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. In other words, it may be a natural person, a legal person or a public administration that determines both the purpose and the means used to process the personal data of data subjects.

ICAPITAL AF, Agencia de Valores, S.A. is the controller of the personal information it processes about its clients.

2.1. Legal information

Pursuant to Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), it is stated that this website icapital.es belongs to ICAPITAL AF, Agencia de Valores, S.A., tax ID no. A84807783, with registered office at Pº. de la Castellana, 259D, floor 26, 28046 – Madrid (Spain). Spanish company registered in the Madrid Commercial Register, Volume 23304, Book 0, Folio 96, Section 8, Sheet M-417855, Entry 2. Contact telephone: +34 915 630 110 and email: administracion@icapital.es

2.2. User obligations

ICAPITAL AF, Agencia de Valores, S.A. has not outsourced the data protection officer (DPO) service; contact details are as described in section 2.1 and the email address protecciondedatos@icapital.es.

3. Content and acceptance of the Privacy Policy

The purpose of this Privacy Policy is to explain how personal data accessed through the services associated with this Website is collected, processed and protected, so that you can freely and voluntarily decide whether to provide your personal data through the forms provided for this purpose. This Privacy Policy also governs the processing of personal data you have previously provided through channels other than the Website, or that you may provide in the future with reference to this Policy, provided this does not contradict what you expressly accepted when providing the data, which will in any case be respected. USER personal data will only be obtained for processing when it is adequate, relevant and not excessive in relation to the scope and the determined, explicit and legitimate purposes for which it was obtained.

3.1 Purpose of data processing

Information provided by the USER will be processed in order to handle requests made by them:

Enquiries and service proposal requests submitted through the contact form provided for this purpose, including billing, collection and product service management.
CVs submitted through the corresponding form.
Course requests and related information.
Managing subscription to our social networks and newsletter through our website.
Managing satisfaction surveys about our products, deliveries and customer service, in pursuit of continuous improvement in our products, services and customer care.
Managing the sending of commercial communications about our services and products and/or those of third parties (section 7: Advertising). Consent for such communications may be revoked at any time in each communication received through the mechanism provided and described in section 3.2: Exercise of Rights by the USER.

Completing the requested data is necessary to proceed with Users’ requests.

3.2 Exercise of Rights by the USER

In compliance with data protection regulations, Regulation 2016/679 (EU) of 27 April 2016 and Organic Law 3/2018 of 5 December on Personal Data Protection and the guarantee of digital rights, the USER may exercise the rights of access, rectification, erasure, objection and portability. In certain circumstances, the USER may request restriction of processing of their data, in which case it will only be retained for the exercise or defence of claims. The USER has the right to receive a response within the time limits established by current data protection legislation, by contacting ICAPITAL AF, Agencia de Valores, S.A., registered office at Pº. de la Castellana, 259D, floor 26, 28046 – Madrid (Spain), tax ID A-84807783, by post, providing proof of identity with a scanned copy of their ID or equivalent document and specifying the right they wish to exercise; or by email at protecciondedatos@icapital.es.

In the event of any breach of your rights, especially if you have not obtained satisfaction when exercising them, you may file a complaint with the Spanish Data Protection Agency.

Spanish Data Protection Agency (AEPD)

3.3 Retention period for USER data

We only store your personal information to the extent that we need it in order to use it according to the purpose for which it was collected and according to the legal basis for processing under applicable law. We will retain your personal information while a contractual and/or commercial relationship exists with you or until you exercise your right to erasure, cancellation and/or restriction of processing of your data.

In such cases we will keep the information duly blocked, without using it, while it may be necessary for the exercise or defence of claims or while any judicial, legal or contractual liability arising from its processing may need to be addressed and its recovery is necessary.

Personal data provided by the user to receive commercial communications and information on financial markets and economic conditions will be retained until the user decides to exercise their rights of erasure and objection by contacting the controller, as detailed in section 3.2.

3.4. How do we collect your information?

Social networks. The use of social networks is increasingly common and ICAPITAL AF, Agencia de Valores, S.A. is present on most of them as another way to contact you. Information we collect through social networks sometimes includes personal information that is available online and to the public. We always ensure that all information we use is correctly attributed to its source or anonymised. These social networks are likely to have their own privacy policies explaining how they use and share your personal information. We recommend that you carefully review privacy policies before using these social networks to ensure you agree with how your personal information is collected and shared.

Mobile device and APP. Enabling geolocation on your mobile device allows you to benefit from all Application features. If geolocation is not enabled, we will inform you and request permission in advance with a notification. This geolocation service will not be used to share your location with third parties except where required by law.

To disable location services on your Android device, select Location Services in your phone settings menu. Most Android devices allow you to disable location services for the entire phone, such as GPS and location services from other providers. Generally, when the box to enable location services is not checked, they will remain disabled.

To disable location services on your iPhone, you can disable location services on all iPhone models from the Settings menu by selecting Location. To disable location services for the entire device, slide the bar until you see the Off option. To disable location services for a specific application, slide the bar next to each application name until you see the Off option.

3.5. Minors

Minors may not use the services available through the Website, social networks, mobile device and APP without prior authorisation from their parents, guardians or legal representatives, who will be solely responsible for all acts carried out through the Website by minors in their care, including completing forms with personal data of such minors and checking, where applicable, the accompanying boxes. To the extent that ICAPITAL AF, Agencia de Valores, S.A. cannot control whether users are minors, parents and guardians are advised to enable the necessary mechanisms to prevent minors from accessing the Website and/or providing personal data without supervision; ICAPITAL AF, Agencia de Valores, S.A. accepts no liability in this regard.

Furthermore, if ICAPITAL AF, Agencia de Valores, S.A. obtains personal information from a minor by mistake, it will delete such information as soon as possible.

3.6. International transfers of personal data

Pursuant to 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 (GDPR), Users are informed that personal data they provide through the Website will be incorporated into and processed in files owned by ICAPITAL AF, Agencia de Valores, S.A., registered office at Pº. de la Castellana, 259D, floor 26, 28046 – Madrid (Spain), tax ID A-84807783, email protecciondedatos@icapital.es. The data we collect is stored exclusively within European territory.

3.7. Automated decisions and profiling

Users are informed that no automated decisions will be taken, nor will profiles be created on the basis of which decisions producing legal effects for them or similarly significantly affecting them are taken. However, ICAPITAL AF, Agencia de Valores, S.A. may tailor information sent to users’ interests. Users are informed that they may object to this processing as specified in clause 3.2.

3.8 What categories of data are processed?

The categories of data processed are: identification data (name, surname, email, telephone). No specially protected data is processed.

4. Security measures

Data collected by ICAPITAL AF, Agencia de Valores, S.A. through its website will not be transferred to third-party companies. However, ICAPITAL AF, Agencia de Valores, S.A. works with third-party service providers who have access to your personal data and process such data on behalf of and for ICAPITAL AF, Agencia de Valores, S.A. as a result of providing their services. In particular, ICAPITAL AF, Agencia de Valores, S.A. will contract third-party providers operating, by way of example and not limitation, in the following sectors: technology and email marketing service providers, IT service companies, infrastructure management and maintenance companies, and call centre service companies.

4.1. Hyperlinks

Users wishing to place links from their own web pages to ICAPITAL AF, Agencia de Valores, S.A.’s site must comply with the conditions set out below; ignorance of these conditions does not exempt from liability under the Law:

The link may only connect to the home page or main page and may not reproduce it in any form (online links, copy of texts, graphics, etc.).
It is prohibited, in accordance with applicable law in force at any given time, to establish frames of any kind that wrap this page or allow content to be viewed through Internet addresses other than its own and, in any case, when displayed together with third-party content in a way that: (I) produces or may produce error, confusion or deception among users about the true origin of the service or content; (II) constitutes unfair comparison or imitation; (III) serves to take advantage of the brand reputation and prestige of ICAPITAL AF, Agencia de Valores, S.A.; or (IV) is otherwise prohibited by current legislation.
No false, inaccurate or incorrect statements about ICAPITAL AF, Agencia de Valores, S.A., its employees or its activities may be made from the page placing the link.
Under no circumstances may the page containing the link state that ICAPITAL AF, Agencia de Valores, S.A. has consented to its insertion or that it sponsors, collaborates with, verifies or supervises the sender’s services.
Use of any word, graphic or mixed mark or any other distinctive sign of ICAPITAL AF, Agencia de Valores, S.A. on the sender’s page is prohibited except where permitted by law or expressly authorised by ICAPITAL AF, Agencia de Valores, S.A., and always allowing, in such cases, a direct link to ICAPITAL AF, Agencia de Valores, S.A.’s website as established in this clause.
The page establishing the link must fully comply with the Law and may under no circumstances contain or link to its own or third-party content that: (i) is unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (ii) induces or may induce the User to falsely believe that ICAPITAL endorses, supports, adheres to or in any way supports the sender’s lawful or unlawful ideas, statements or expressions; (iii) is inappropriate or irrelevant to the activity of ICAPITAL AF, Agencia de Valores, S.A. given the location, content and subject matter of the sender’s website.
In any case, ICAPITAL AF, Agencia de Valores, S.A. reserves the right to prohibit links to its website and to require their removal when they do not comply with the conditions required in this section.

5. Third-party links

icapital.es may include links to sites controlled by third parties and other websites that may be useful to users. Establishing a link does not imply any relationship between ICAPITAL AF, Agencia de Valores, S.A. and the owner of the linked website, nor acceptance or approval by ICAPITAL AF, Agencia de Valores, S.A. of its content and/or services, for which its owner is solely responsible. Users should therefore exercise caution when evaluating and using information, content and/or services on linked portals.

Remember that when you use a link to access another website from this portal, our Privacy Policy and Cookie Policy cease to apply. This Privacy Policy does not reflect the privacy practices of those other third-party websites. ICAPITAL AF, Agencia de Valores, S.A. disclaims any liability regarding the privacy and data processing of other websites. Browsing and interaction on any other website, including those linked to ICAPITAL AF, Agencia de Valores, S.A., is subject to that website’s rules and policies.

Examples include Facebook®, LinkedIn®, Twitter® and third-party applications. The privacy practices of these third parties are governed by their own privacy statements. We are not responsible for the security or privacy of information collected by these third parties. It is your duty to review the relevant privacy statements or policies. Some of our services may include social network features such as the Facebook Like button and widgets, Share buttons and certain interactive mini-programs. You may also choose to log in using your own social networks, such as Facebook and LinkedIn, to access some of our services.

We recommend that you read the data processing and privacy policies of websites you visit through links on our portal or otherwise. Finally, it is prohibited to introduce hyperlinks for advertising, commercial or association purposes to websites other than icapital.es that allow access to ICAPITAL AF, Agencia de Valores, S.A.’s website without express consent and/or authorisation.

5.1 Data shared with third parties

ICAPITAL AF, Agencia de Valores, S.A. will not transfer USERS’ personal data to any third party without a legal basis legitimising such processing. To properly manage the service provided and users’ personal data, ICAPITAL AF, Agencia de Valores, S.A. will work with third-party service providers who may have access to your personal data and who will process such data on behalf of and for ICAPITAL AF, Agencia de Valores, S.A. as a result of providing their services. The Entity undertakes to enter into the corresponding data processing agreement with them, imposing, among other obligations: applying appropriate technical and organisational measures; processing personal data for the agreed purposes and only in accordance with documented instructions from ICAPITAL AF, Agencia de Valores, S.A.; and deleting or returning data to ICAPITAL AF, Agencia de Valores, S.A. once the services are completed.

Data you provide to us for better advisory services may be communicated to: I-CAPITAL WEALTH MANAGEMENT SOLUTIONS, S.L.

6. Browsing, access and security

Accessing and browsing this website implies accepting and being aware of the legal notices, conditions and terms of use contained herein. ICAPITAL AF, Agencia de Valores, S.A. makes every effort to ensure browsing takes place under the best conditions and to prevent any harm that may occur during it.
This website has been designed to support the most widely used browsers: Microsoft Edge, Chrome, Firefox and Safari. The Owner is not liable for any harm of any kind that may be caused to Users through the use of other browsers or versions different from those for which the website was designed. Access to this website takes place in a secure environment, so information is transmitted in encrypted form.

7. Cookies

Any information regarding cookies used on this website, as well as options for modifying or uninstalling them, is available through the Cookie Policy. ICAPITAL AF, Agencia de Valores, S.A. may use cookies when accessing this website. Cookies are automatic procedures for collecting information about preferences determined by a user during a visit to a particular website. This information is recorded in small files stored on the user’s computer imperceptibly.

Users may configure their browser to prevent the creation of cookie files or to be warned when this occurs. The website is accessible without cookies being enabled, although this may prevent the proper functioning of security mechanisms for exclusive services or certain services requiring greater security. In general, the purpose of the website’s cookie files is to facilitate user navigation.

8. Advertising

ICAPITAL AF, Agencia de Valores, S.A. may include its own or third-party advertising on the website to offer products or services it believes may be of interest to you. However, ICAPITAL AF, Agencia de Valores, S.A. cannot control the appearance of such advertising or the quality and suitability of the products or services to which it refers, and the Entity will not be liable for any harm that may be caused to the user for such reasons.

9. Intellectual Property

All information contained on this website, as well as its graphic design and the codes used, are protected by copyright or other rights under Royal Legislative Decree 1/1996 of 12 April approving the consolidated text of the Intellectual Property Law. These rights belong exclusively to ICAPITAL AF, Agencia de Valores, S.A. or its licensors; therefore, any act of reproduction, distribution, transformation or public communication, as well as any transfer, in whole or in part, of the content of this site, and in general of any object protectable under current intellectual property rules, is expressly excluded.

All website content and all content available through the Owner’s products and services including designs, text, graphics, images, video, information, applications, software, music, sound and other files, as well as their selection and arrangement (the “Content”) are the exclusive property of the Owner or its licensors, with all rights reserved. No part of the website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, published, transmitted or sold in any way or by any means, in whole or in part, without the Owner’s prior written consent.

The content of this page must not be used for public dissemination or commercial purposes, and must not be modified without the Owner’s prior written consent.

10. Registered trademarks

All brands, logos and anagrams shown on this site are the property of ICAPITAL AF, Agencia de Valores, S.A. or third-party companies. Use without prior consent of any element of this website protected under current industrial property legislation is expressly prohibited. In particular, brands, trade names, business signs, names, logos, slogans or any distinctive sign belonging to the Owner may not be used.

11. User obligations

11.1 Obligation to make correct use of the website

Conditions for accessing and using this website are subject to current law and the principles of good faith and lawful use by the user; any action to the detriment of ICAPITAL AF, Agencia de Valores, S.A. and contrary to this Legal Notice is generally prohibited.

The user undertakes to use this service without engaging in activities that may be considered unlawful or illegal, that infringe the rights of ICAPITAL AF, Agencia de Valores, S.A. or third parties, or that may damage, disable, overload or impair the website or prevent its normal use by other users.

11.2 Content requests

The User must refrain from requesting content offered through this website using means or procedures other than those made available, other than those indicated on the website or other than those commonly used on the Internet, provided they do not entail a risk of disabling the website and its content.

11.3 Prohibitions

Use of this website for illegal or unauthorised purposes is prohibited, specifically and without limitation:

Any form of violation of third-party rights (right to privacy, right to one’s own image, intellectual and industrial property rights, etc.).
Using the content of this website for any form of advertising such as sending unsolicited emails (spam) or similar communication.
Introducing computer viruses, defective files or any other software or computer program that may cause damage or unauthorised alterations to content or systems accessible through this website.

12. Legislation and jurisdiction

Provision of the service is governed by Spanish law; the Courts of the Community of Madrid shall have jurisdiction, to which the USER expressly submits. ICAPITAL AF, Agencia de Valores, S.A. therefore reserves the right to bring any civil or criminal actions it considers necessary for improper use of this Website and its content, or for breach of these Conditions.

13. Updates

This Privacy Policy may need to be updated; you should therefore review this policy periodically and, if possible, each time you access the portal in order to be properly informed about the type of information collected and its processing. You can find the Privacy Policy at the bottom of the portal.

The Privacy Policy was last updated on 17/05/2023.