Legal note

Legal Notice

  • Legal Notice

    1. Ownership of the web portal

    The controller of this website is Empresa Municipal d'Aigües de Tarragona, SA. (hereinafter referred to as 'EMATSA'), a Spanish company whose tax identification number (NIF) is A43049956, registered in , and whose business address Muntanyeta de Sant Pere i Sant Pau, s/n 43007 Tarragona.

    The contact details of the controller are as follows:

    • Postal address: Muntanyeta de Sant Pere i Sant Pau, s/n 43007 Tarragona
    • Or via our website  

     

    2. General terms and conditions of use of the website

    This legal notice (hereinafter referred to as the'General Conditions' or the 'Notice') regulates access to and use of the website.

    Anyone accessing the website will be considered a 'user', and as such will be required to comply with the General Conditions applicable at the time.

    The use of certain services offered on this website may be subject to their own specific conditions which, depending on the each case, substitute, complement and/or modify this Notice. Prior to using said services, the user should read carefully and accept the corresponding specific conditions.

    The website is aimed at adult users. It contains information on services provided by EMATSA that are of interest to the company's current and future customers.

    The website permits certain transactions to be carried out online. Any transaction carried out on the website should be by users on their own behalf, thus ensuring any information provided has been obtained by legal means and corresponds to the user's real situation.

    Transactions on behalf of third parties will be permitted in the following cases:

    • A person with specific authorisation from the account holder.
    • Properly accredited representatives and contact persons of legal entities.
    • Official property administrators acting on behalf of owners' associations and other customers.

    The use of the website for illicit purposes or purposes that may be detrimental to EMATSA or any third party is prohibited. Throughout their use of the website, the user undertakes not to engage in any behaviour that may be detrimental to the image, the interests and/or the rights of EMATSA and/or third parties or that could damage, disable or overload the website, or that could prevent the normal use of the website in any way.

    EMATSA will adopt security measures that are considered adequate for detecting the existence of viruses. However, the user should be aware that the security measures of online IT systems are not entirely reliable and EMATSA cannot therefore guarantee the non-existence of viruses or other elements that could cause changes to the IT systems employed by the user or to their electronic documents and files contained in these.

    EMATSA reserves the right to modify, at any time and without the need for advance warning, the structure and design of the website, notwithstanding obligations arising from applicable consumer and user protection regulations, among others.

     

    3. Industrial and intellectual property rights

    All industrial and intellectual property rights and all of the information contained in the website (images, graphic design, source code, design, browsing structure, databases and any other content of the site) are the property of EMATSA or have sufficient rights of use.

    Operating rights for this website and any of its content, elements and specifically the rights of use, exploitation, distribution, transformation and public communication will at all times remain, exclusively for the entire legally anticipated period of validity of said industrial and intellectual property rights and on a global level, the property of EMATSA. This includes any improvement, adaptation, translation or perfecting of any of the content, elements or other material created, edited and/or amended by the user. The user may not use trademarks registered by EMATSA, commercial names, designs, know-how or any other distinctive symbol of EMATSA without EMATSA's prior express consent.

    The user name may not change or reproduce this information in part or in full without the express prior consent of EMATSA. This includes but is not limited to the following points:

    1. The user name is not authorised to withdraw, avoid or manipulate the copyright or any other data identifying the rights of EMATSA, or any other protection mechanisms.
    2. The user is not authorised to remove, decompile or invert the databases in which the website information is contained. All of the information on the website is protected by copyright. The unauthorised use of the information contained in this website, its resale or any damage to the intellectual or industrial property rights of EMATSA shall invoke the legally established responsibilities. The brands (distinctive signs and logos) that appear on the website are owned exclusively by EMATSA and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or on the website may be brands or other distinctive signs registered by their respective and legitimate owners.

     

    4. Legal disclaimer

    EMATSA accepts no liability for loss or damage resulting from the use of the content on its Website, except where otherwise stated in applicable consumer and user protection regulations. In particular, EMATSA accepts no responsibility for the content or the status of links contained in this website that may take the user to other websites and pages managed by third parties. EMATSA accepts no responsibility for the content or the status of said websites and pages. Access to these via this website does not imply that EMATSA recommends or endorses the content of said sites. EMATSA accepts no liability for damages resulting from technical faults in the service provided by its server centre or by the communication networks, or for problems caused by the incorrect operation or use of browser versions that are not optimised. Access to the website and whatsoever use that may be made of the information on the site is the sole responsibility of the user. EMATSA will not be held responsible for any consequence, damage or loss that may result from said access to or use of the information. EMATSA accepts no liability for possible security errors that may occur or possible damage that may be caused to the user's software and IT system or the files or documents stored in it due to the presence of a virus on the user's computer used for connecting to the services and content of the website, to a malfunction in the browser or to the use of outdated versions of the browser, it being the user's responsibility at all times to ensure the availability of adequate tools for detecting and eliminating harmful computer programs.

     

    5. Hyperlinks and linked websites

    Any user who wishes to establish a hyperlink or technical link device from their website to the website must obtain the prior written consent of EMATSA. The provision of a hyperlink in no case implies the existence of relations between EMATSA and the owner of the site or the web page on which the hyperlink appears, nor the acceptance or approval by EMATSA of its content or services. EMATSA reserves the right in all cases to block or remove any hyperlink to its website at any time, particularly where there is suspected illicit activity or content involving the website on which the hyperlink appears.

    The website provides the user with hyperlinks or technical devices for linking (e.g. links or buttons) that give the user access to Internet sites or portals that belong to or are managed by third parties (linked sites). These tools are provided solely for the search for and access to information, content and services available on the Internet. EMATSA neither offers nor markets the information, content and services available in the linked sites either itself or through third parties, nor does it endorse, supervise or control the content and services or any other material of any type on these sites in any way. By using these sites, the User name accepts sole responsibility for browsing through these sites.

    The existence of linked sites does not under any circumstances mean the formalisation of agreements between the parties responsible for or owners of the sites, nor the recommendation, promotion of identification of EMATSA with the declarations, content or services provided.

     

    6. Applicable legislation and jurisdiction

    These General Terms and Conditions are governed by Spanish law. Unless otherwise indicated by the applicable user and consumer protection regulations, EMATSA rand the user submit to the judgements of the courts and tribunals of the city of for the resolution of any questions or legal disputes that may emerge as a result of the provision of the service of this website and the content therein or concerning the interpretation, application, fulfilment or non-fulfilment of the details of these terms and conditions, with expressly waiver of any other jurisdiction to which they might have recourse.

  • Website privacy policy

    1. What is the purpose of the Personal Data Protection Policy?

    This Policy aims to explain how we obtain, process and protect the personal data you provide or we collect from forms and/or cookies on the EMATSA website (hereinafter, the 'website') and the Online Office, so you can decided freely and voluntarily whether you want us to process such data.

    The website provides links to platforms and pages managed by third parties offering services for all the companies in the SUEZ group, to which EMATSA belongs. These pages have their own Privacy Policy, which provides information on the data controller and the purposes of processing.

     

    2. Who is the data controller responsible for processing data collected via this website?

    The data controller responsible for processing personal data collected via this website is Empresa Municipal d'Aigües de Tarragona, SA (hereinafter referred to as EMATSA”), whose business address Muntanyeta de Sant Pere i Sant Pau, s/n 43007 Tarragona and whose tax identification number (NIF) is A43049956.

     

    3. What type of data does EMATSA collect via this website, what is it used for and what is the legal basis for its use?

    Visiting the EMATSA website and browsing its different sections does not require users to provide any personal data. However, we will collect some information on your browsing (which does not always let us identify you) by using cookies installed on your computer. For more information, please read our Cookies Policy.

    Users of the website can perform transactions which will require their personal data to be processed:

    (i) Transactions for which customers do not need to register in our systemsuch as: lodging complaints, reporting fraud and incidents outdoors or in buildings, presenting claims, making inquiries.

    Some of these transactions may require the user to provide certain data so they can be processed correctly. Such data may include: identification data (first name, surname, and ID number in some cases); contact details (such as postal address, phone number, email address); other data such as address of the detected fraud or incident.

    • Your data will be processed with the aim of responding to the request in the form you have accessed and completed.
    • The legal basis is the consent granted by the user providing the data, having contacted EMATSA voluntarily. This consent may be revoked at any time with no retroactive effect (i.e. it does not affect requests that have already been processed).

    (ii) Web transactions to register as a customer/account holder, for instance: connection request, registration request, change of name or transfer of a pre-existing contract.

    Some of these transactions may require the user to provide certain data so they can be processed correctly. Such data may include: identification data (first name, surname, and ID number); contact details (such as postal address, phone number, email address); data on the property in order to request the supply or change the name of the account holder (property deeds, cadastral reference, rental agreement); representation data (powers of attorney when acting on behalf of another person or legal entity); financial data (bank details for bill payment by direct debit).

    • Your data will be processed with the aim of managing your registration as a service customer.
    • The legal basis is the consent granted by the user providing the data, having contacted EMATSA voluntarily.

    Users interacting with EMATSA to register as a service customer can find more detailed information on how their data is processed in the Customer and Service User Data Protection Policy .

    (iii) Web transactions that require the user to be a service customer, account holder or person authorised by the account holder, , such as completing the customer meter reading and online bill payments, among others.

    Data provided will be processed in order to carry out the selected transaction as part of your account file in order to generate bills for services received.

    If you are managing bill payment online, you will be sent to pages of third parties (online banking) that work with EMATSA. These pages have their own Privacy Policy, which provides information on the data controller and the purposes of processing.

    EMATSA processes your data based on the consent of the user providing it, having contacted EMATSA voluntarily.

    (iv) Transactions that require registration with the website's 'Online Office' or 'Customer Service Area': from the Online Office, customers can access and enter data in their account (contact details, bank details, etc., as long as the customer is the account holder), enter meter readings, activate e-billing, request duplicate bills and activate the 12 Drops payment plan, among other operations.

    Registration with the Online Office requires the user to be a service customer or account holder and accept the Conditions of Use displayed at the start of the registration process.

    Data is processed in the Online Office to manage contractual relations between the customer and EMATSA. EMATSA customers can view additional information on processing their personal data in the Customer and Service User Data Protection Policy.

     

    4. Transactions carried out by a third party, on behalf of a company and by property administrators

    In general terms, website users should only provide their own personal data in the forms available to them. However, users may provide the data from third parties as long as (i) they have obtained the data legally; (ii) they have authorisation; and, where necessary, have informed the affected party of the transaction or inquiry they are performing.

    Transactions and inquiries on the website must be carried out by users in their own name. As exceptions to the above, transactions on behalf of third parties will be permitted in the following cases:

    • A person with specific authorisation from the account holder.
    • Representatives or contact persons acting on behalf of legal entities.
    • Official property administrators acting on behalf of owners' associations and other customers.

    On the basis of legitimate interest (as stated in Article 19 of Organic Law 3/2018 on data protection and the guarantee of digital rights), the personal data of representatives, contact persons and property administrators will be processed for the sole purpose of managing the request made on behalf of third parties.

    Should the personal data provided belong to a third party, the person providing the data must guarantee that the third party has been informed of this Privacy Policy and has obtained due authorisation to provide the data to EMATSA for the indicated purposes. The user similarly guarantees that the data provided are accurate and up to date, and is responsible for any loss or damages, direct or indirect, that may arise as a result of a breach of said obligation.

     

    5. Who can access the personal data provided to EMATSA via this website?

    EMATSA uses service providers to carry out some of the tasks related to the contract. Therefore, such service providers need to access users' data to perform the requested transaction. These providers are considered data processors and will only process personal information in compliance with the instructions of EMATSA. Under no circumstances will the user's personal information be used for purposes other than those detailed in this Policy.

    Finally, EMATSA uses the services of Microsoft Ireland Operations Limited to store different types of information on Microsoft Azure, which could include your personal data. Microsoft Ireland Operations Limited could subcontract part of this work to Microsoft Corporation, in the United States. However, if there is an international transfer of data to Microsoft Corporation, this is lawful, as appropriate guarantees have been established to protect your personal information. In this context, Microsoft Corporation (i) is a signatory of the Privacy Shield and (ii) the Spanish Data Protection Agency considers that transfers made to this company are lawful in the light of certain conditions.

     

    6. With whom do we share your data?

    EMATSA does not share personal data collected via this website, unless you provide your consent or we are legally required to do so.

    When your consent is required to share your personal data with third parties, we will inform you of the purpose of processing, the data being shared and the identity or sectors of activity to which your personal data from the data collection forms may be transferred.

    EMATSA may sometimes share users' data, whether or not they are customers, with government agencies responsible for the services or related fiscal matters when required to do so, when needed in order to process the request or inquiry, or when required for legal proceedings in cases of fraud.

    In particular, EMATSA is required to share their customers' personal data with certain government bodies, as stated in section 7 (With whom do we share you data?) of the Customer and Service User Data Protection Policy.

     

    7. How long do we hold your data for?

    Customer data will be held for as long as contractual relations, are maintained to ensure they are properly managed. Once relations have ended (and the periods for payment of unpaid bills has elapsed and conflicts in relation to the service have been resolved) we are required to keep your data as blocked for an additional period in which there may be liabilities arising from our services or data processing.

    Data from non-customers provided other transactions (such as inquiries and reporting frauds) will be kept for the time required to manage your request, and for an additional period in order to meet any possible related legal liabilities.

    If you have authorised us to send you commercial information, we will keep your data until you inform us that you no longer wish to receive our offers, even if your contractual relations with us have ended.

     

    8. What are your rights in regard to data protection and how can you exercise them?

    The Law recognises that, if you have granted your consent, you may withdraw it at any time and exercise the following rights with regard to data protection:

    RIGHT

    CONTENTS

    Access

    You can see what personal data is included in the EMATSA databases.

    Rectification

    You can change your personal data when it is inaccurate or incomplete.

     

     

    Erasure

    You can ask us to erase said personal information.

    Restriction of processing

    You can request restriction to the processing of your data in the following cases:

    -While the contested accuracy of your data is being checked.

    -When processing is illegal, but you oppose the erasure of your data.

    -When EMATSA no longer needs to process your personal data, but you require it for the exercise or defence of complaints.

    -While the legal basis for processing is verified to see whose interest prevails after you have opposed your data being process for purposes of public interest or to meet a legitimate interest.

    Portability

    You can receive the personal data you have provided us in machine-readable format and transfer it to another data controller.

     

    All that is required for you to exercise the above rights or withdraw your consent is to send us your request by any of the following methods:

    • By post to the following address: Muntanyeta de Sant Pere i Sant Pau, s/n 43007 Tarragona.
    • Via the contact on our website.
    • Registering your request with any of our service offices.

    You will need to provide a photocopy of your legally valid ID card (DNI) or equivalent document accrediting your identity. If you act through legal representation, you must also provide the ID card and document accrediting representation.

    In addition, EMATSA has appointed a Data Protection Officer whom you may contact regarding any doubts or complaints you may have in relation to data protection. You can contact the Data Protection Officer using any of the following methods:

    • E-mail address:
    • Postal address: Muntanyeta de Sant Pere i Sant Pau, s/n 43007 Tarragona, to the attention of the Data Protection Officer.

    Your complaint will be investigated confidentially and you will receive an answer from our Data Protection Officer.

    In all cases, as the affected party or data subject, you may lodge a complaint with the competent data protection authority, in this case, .

     

    9. Social media

    In general, EMATSA's corporate profiles on social media (Twitter, Facebook, etc.) are for information purposes only. If you provide data via inquiries or requests made by private messages on social media, such personal data will be used exclusively to respond to the request under the terms and conditions stated in this Policy. We remind you that you should not include your personal data or that of third parties (such as email addresses, phone numbers and contract numbers) in open messages on social media. If you are not sure whether your message can be read by other people, we recommend you contact us by another channel.