Terms and Conditions

SERVICE OWNERSHIP

In accordance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), you are hereby informed that this website is owned by Fundación Almaterra Ibiza, with registered office at Carretera San Carlos Km 10, CIF G 21920145 and registered in the Register of Foundations of the Autonomous Community of the Balearic Islands, with registration number 100000000436.

Access to and use of the donation and membership application forms implies the condition of user and entails the express and unreserved acceptance of these Terms and Conditions.

PURPOSE OF THE SERVICE

The purpose of this website is to provide users with the possibility of:

  • Make one-off or regular donations to the Foundation.
  • Apply for membership of the entity using the corresponding form.
  • Collaborate in the Foundation’s projects and activities through financial contributions.
APPLICABLE LEGAL FRAMEWORK

The relations between the Foundation and the users in relation to donations and membership fees are governed by:

  • Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE).
  • Regulation (EU) 2016/679, General Data Protection Regulation (GDPR), and Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
  • Law 16/2011, on Consumer Credit Agreements, with regard to electronic payments.
  • Directive (EU) 2015/2366 (PSD2) on payment services and its transposition into Spanish law.
  • Royal Decree-Law 19/2018, on payment services and other urgent measures in financial matters.
  • Law 49/2002, on the tax regime of non-profit entities and tax incentives for patronage, with regard to the tax benefits applicable to donations.
  • The Civil Code and other Spanish regulations that may be applicable.
ECONOMIC AND FISCAL CONDITIONS

The amounts contributed as a donation or membership fee are used entirely for the foundation’s purposes, in accordance with its Statutes.

The Foundation will issue, when appropriate, the tax certificate of donation for its application in the income tax or corporation tax return, in accordance with Law 49/2002.

The status of member is subject to acceptance by the Foundation, in accordance with its Statutes and internal regulations.

MEANS OF PAYMENT AND SECURITY

Online payments are made through the Redsys secure payment gateway (Banco Santander).

The user’s card details are transmitted directly to the financial institution via an SSL encrypted connection, complying with the international security standards PCI DSS (Payment Card Industry Data Security Standard).

The Redsys gateway applies strong customer authentication (SCA) measures in accordance with the provisions of the PSD2 regulations and Royal Decree-Law 19/2018.

The Foundation does not have access at any time to the user’s credit/debit card details, nor does it store this information in its systems.

CONFIRMATION OF THE OPERATION

Once the payment process has been completed and the transaction has been validated by the financial institution, the user will receive a confirmation email that will include the amount contributed, the type of donation or fee and, where appropriate, information on the issuance of the corresponding tax certificate.

RIGHT OF WITHDRAWAL

In accordance with the provisions of article 103 of the General Law for the Defense of Consumers and Users (TRLGDCU, RDL 1/2007), the right of withdrawal is not applicable to donations or membership fees, given that they do not constitute a contract for the sale of goods or services, but rather voluntary contributions without economic consideration.

RESPONSIBILITY OF THE FOUNDATION

The Foundation will not be responsible for the impossibility of completing a transaction when the failure derives from causes beyond its control, such as denial of the operation by the issuing entity of the card, interruptions in the telecommunications service, technical incidents of the payment gateway or fraudulent actions of third parties.

Nor will it be responsible for the improper use of credit or debit cards that have not been detected by the security systems of the payment gateway.

DATA PROTECTION

The processing of personal data provided in the donation and membership application forms is carried out in accordance with the RGPD and the LOPDGDD, as described in the Privacy Policy available on this website.

MODIFICATIONS

The Foundation reserves the right to modify these Terms and Conditions at any time, to adapt them to regulatory changes or organizational needs, being applicable in any case those in force at the time of the operation.

APPLICABLE LEGISLATION AND JURISDICTION

The use of the donation and membership application forms is governed by Spanish law. For any dispute that may arise, the parties will submit to the Courts and Tribunals of Ibiza, unless a different mandatory jurisdiction is applicable.