ATRESMEDIA

TABLE OF CONTENTS

TERMS AND CONDITIONS APPLICABLE TO THE SERVICES INCLUDED IN THE ATRESMEDIA COMMUNITY

The present General Conditions of Use describe the terms and conditions according to which the company ATRESMEDIA CORPORACIÓN DE MEDIOS DE COMUNICACIÓN, S.A. with official address in San Sebastián de los Reyes, (28703 Madrid), Avda. Isla Graciosa 13, with Tax ID No. A-78839271, registered with the Commercial Registry of Madrid, volume 1924, 3rd Section, sheet 108, page No. M-34.473, 1st Entry (hereinafter, ATRESMEDIA CORPORACIÓN) makes available to registered users, through its websites and the apps included in the Atresmedia Community, certain services for the provision of access to audiovisual content, currently “ATRESPLAYER” as well as any other service offered by companies of the Atresmedia Group and which may be incorporated into this community (hereinafter, “the Service“). The access or use of the Service implies the acceptance of each and every one of these general conditions of use, as well as those that may be unilaterally established and always within the margins established by current legislation by ATRESMEDIA CORPORACIÓN from time to time, and the user shall be responsible for the reading of the general terms and conditions of use in force each time he/she accesses the Service.

DESCRIPTION OF THE SERVICE

The use of the Service is conditional upon the prior completion of the appropriate User registration form (Atresmedia Community). The ATRESPLAYER Service will be accessible only to users residing in Spain and Andorra. Exceptionally, where indicated for certain contents, ATRESPLAYER will also be accessible from other territories on a subscription basis. Users will be able to use the Service via PC or Mac, smartphones (iOS, Android and Windows), tablets (iOS, Android and Windows), Smart TVs and the Google Chromecast, Apple TV, Android TV services. It is advisable to have a connection speed of at least 6 megabytes to take advantage of all the benefits offered by the platform.

Users will be able to enjoy a wide range of audiovisual content through the following options:

- Free access through registration: Through this method, the user may access: the entire range of Atresmedia's free-to-air content available. Simultaneous access from a single device. Registration can be done by filling in the indicated fields, or through Social Login (by connecting the new Atresmedia Community User ID to the Google or Facebook accounts of the user). For more information, refer to the Atresmedia Community Privacy Policy

- Subscription: Users will be able to enjoy all the benefits of a registered user, plus the ones detailed in each of the subscription plans offered:

Until July 4 2023 (included):

video-on-demand content available only for subscribers; uninterrupted content; exclusive contents and Pre-release content and downloading of contents. In consideration thereof, the user shall be required to pay the price established for this modality, plus the applicable taxes, if any, in accordance with the rates in force from time to time. Payment for content access under this in this mode can be made via credit card, Paypal, Pay-TV operatorand through in-app purchases, on iOs devices. ATRESMEDIA CORPORACIÓN reserves the right to update or modify its catalogue of audiovisual contents at any time. In addition, the International subscription mode will offer content for which Atresmedia holds the rights and/or licences to broadcast outside Spain.

From July 5 2023:

- Subscription Plan PREMIUM: Video on-demand content, original and exclusive content, and Preview content. Simultaneous access from a single device. As consideration, the user is obligated to pay the established price for this subscription, plus applicable taxes, in accordance with the current rates. Payment for accessing the content in this plan can be made through credit card, PayPal, mobile operator, Android devices with Google Play, "in-app purchase" for iOS, and Amazon.

- Subscription Plan Family PREMIUM: Video on-demand content; ad-free content, original and exclusive content, Preview content, and offline content download. Simultaneous access from up to three devices. Ability to set up three user profiles within the same plan. As consideration, the user is obligated to pay the established price for this subscription, plus applicable taxes, in accordance with the current rates. Payment for accessing the content in this plan can be made through credit card, PayPal, mobile operator, Android devices with Google Play, "in-app purchase" for iOS, and Amazon.

ATRESMEDIA CORPORACIÓN reserves the right to update or modify the catalog of audiovisual content at any time. Additionally, the International subscription option will offer content for which Atresmedia has rights and/or licenses to broadcast outside of Spain.

SUBSCRIPTION MODE

Users will be able to subscribe to the service under a monthly or annual plan, accessing all the benefits included in the selected plan from the day of service acquisition by paying the monthly or annual fee through any of the aforementioned methods. It is necessary to provide the essential banking data of the users for payment operations. Once the Service is contracted, and within a maximum period of twenty-four hours from the receipt of acceptance, ATRESMEDIA CORPORACIÓN will confirm the contracted subscription via email to the address provided by the user, and access to the platform with the specific benefits of each plan will begin automatically. ATRESMEDIA CORPORACIÓN excludes any responsibility regarding the confidentiality and security of the information and data provided by the user for payment of content and/or subscriptions, to the extent that the processing of such information and data is not solely under the control of ATRESMEDIA CORPORACIÓN.

Access within the European Economic Area

Starting on 1st April 2018, by virtue of Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017, on cross-border portability of online content services in the internal market, Atresplayer subscribers who are residents of Spain, according to the applicable regulations, and who temporarily reside in a Member State of the European Economic Area may access the Atresplayer content under the same conditions as in Spain.

PAYMENT GATEWAY

SIPAY PLUS S.L.U. (hereinafter, SIPAY) and ADYEN, N.V. provides payment services via a payment gateway on the url address http://www.atresplayer.com, whereby ATRESMEDIA CORPORACIÓN DE MEDIOS DE COMUNICACIÓN, S.A. (hereinafter, ATRESMEDIA CORPORACIÓN) provides a service by means of which it makes available certain audio-visual content to its users (hereinafter, “ATRESplayer PREMIUM” or “the Service”).

Payment methods available for contracting the subscription service.

PAYMENT WITH CREDIT CARD

Payment for products or services is made online via the virtual POS by means of a credit card. To complete the purchase, the User must enter the data requested. By selecting this payment method, the user will be redirected to the website of the bank that provides the POS service. The user must enter the data requested to complete the purchase. Once the purchase by card has been made, the user will be allowed to access the Service through the premium subscription mode, with the aforementioned benefits. The price charged for the service will be shown on the website. If the user is not able to watch the contents acquired by him/her, he/she should contact us by filling in the contact form. Users may also contact us by telephone on 911 22 05 83; Premium users may contact us from outside Spain on the telephone number (+34) 911 79 60 27. The user should provide as much information as possible and required in order to be able to resolve the issue as quickly as possible. If there is a complication and the user is unable to access the Service, such access to the Service will be provided again to him/her.
To download an invoice associated with a payment, the user will need to go to the payment history section of their profile. They will find a list of their recent payments and invoices. If they require a full invoice, they will need to fill out the fields with the required information. This will include their billing details. If necessary, the user can edit their billing information at any time.

Availability

The User acknowledges that it is not possible, from a technical point of view, to guarantee 100% availability of the Virtual POS. Notwithstanding the foregoing, SIPAY and ADYEN, N.V. will make every effort to keep the Virtual POS service available as constantly as possible. It should be pointed out that, owing to maintenance, security or capacity reasons, or as a result of events over which SIPAY and/or ADYEN, N.V. have no influence at all (for instance, anomalies in public communications networks, electricity blackouts, etc.), there may be brief anomalies in, or even the temporary suspension of the services provided by SIPAY and/or ADYEN.

Guarantee

ATRESMEDIA CORPORACIÓN controls the quality, safety, authenticity and lawfulness of the products and/or services offered, and SIPAY and/or ADYEN, N.V. controls the quality, safety, veracity and lawfulness of the commercial transactions that the User has concluded through the virtual shop. Therefore, SIPAY and/or ADYEN, N.V. guarantee the truthfulness, reliability, quality or suitability for the purposes pursued by the User when carrying out such a commercial transaction. Furthermore, SIPAY and/or ADYEN, N.V. act as an online payment gateway to facilitate commercial transactions with purchasers. Similarly, ATRESMEDIA CORPORACIÓN guarantees the use of the Virtual POS services, by virtue of the contracts entered into with one or more financial institutions that provide this type of services (Virtual POS).

Responsibility

The User acknowledges and accepts that access to and use of the website where the ATRESMEDIA CORPORACIÓN Virtual POS is hosted and/or of the contents included on such website takes place freely and consciously, at the User's sole responsibility. ATRESMEDIA CORPORACIÓN will be solely and exclusively liable for the services provided by itself and for the content directly created by it. ATRESMEDIA CORPORACIÓN's sole liability for these concepts will be restricted, at most, to the amounts received from the User in the last two months, if any. The User accepts that ATRESMEDIA CORPORACIÓN will not be held responsible, directly or indirectly, for damages of any kind arising from identity theft by a third party or from any fraudulent use of the User's card. The User shall be the sole responsible for the diligent safekeeping of his/her credit card details. In the event of loss or theft of his/her credit card, the User shall be responsible for immediately notifying this circumstance to the nearest branch of the card issuing network, either by telephone or by any other means. ATRESMEDIA CORPORACIÓN, SIPAY and ADYEN, N.V. will not be held responsible for the incorrect operation of a user card which prevents such user from being able to successfully complete a commercial transaction with ATRESMEDIA CORPORACIÓN. Specifically, neither ATRESMEDIA CORPORACIÓN nor SIPAY and ADYEN, N.V. will be held responsible in the event that the issuer of the card cancels or suspends it for whatever reason. ATRESMEDIA CORPORACIÓN and SIPAY and/or ADYEN shall not be responsible for any fees, costs or other expenses that the issuer of the card may charge for the use of the Virtual POS service. The User undertakes to pay ATRESMEDIA CORPORACIÓN a compensation for any damages that may arise directly or indirectly as a result of his/her non-compliance with these Conditions of Use of the Virtual POS, the infringement of applicable regulations and/or the violation of the rights of ATRESMEDIA CORPORACIÓN.

PAYMENT WITH PAYPAL

By selecting this method of payment, the user will be redirected to the website of PayPal, which is the provider of the service. Once the purchase with PayPal has been made, the user will be allowed to access the Service. If the user is unable to access the Service after the payment with PayPal, he/she should contact us by filling in the contact form. Users may also contact us by telephone on 911 22 05 83; Premium users may contact us from outside Spain on the telephone number (+34) 911 79 60 27. The user should provide as much information as possible and required in order to be able to resolve the issue as quickly as possible. If there is a complication and the user is unable to access the Service, such access to the Service will be provided again to him/her.
To download an invoice associated with a payment, the user will need to go to the payment history section of their profile. They will find a list of their recent payments and invoices. If they require a full invoice, they will need to fill out the fields with the required information. This will include their billing details. If necessary, the user can edit their billing information at any time.

PAYMENT WITH IN-APP PURCHASES ON IOS DEVICES

Users with iOS devices (iPhone and iPad) can make direct payments from their Apple user account. Payment will be charged to your Apple ID account at confirmation of purchase. The subscription is automatically renewed unless it is cancelled at least 24 hours before the end of the current period. You can manage and cancel your subscriptions in your App store account settings after purchase.

PAYMENT WITH IN-APP PURCHASES ON ANDROID GOOGLE PLAY

Users with Android devices can make direct payments from their Google user account. The subscription is automatically renewed unless it is canceled. You can cancel your subscription at any time in the subscriptions section of Google Play or in the user area itself. If you cancel your subscription, you will no longer have access to it when the current billing period ends.

PAYMENT TROUGHT MOBILE OR PAY-TV OPERATOR

In Spain, this payment method is currently available to the Movistar and Vodafone mobile operators. The user will have to select their mobile or pay-tv operator, and enter the data requested to contract the Service from the Operator itself. By using this means of payment, the cost of the purchase will appear on your operator's invoice. The price of the service will be displayed on the web for each content.
In Latin America, it is possible to link the ATRESplayer account with Pay-TV Operators as long as the conditions set by the operator are met. The user will be able to select their operator after creating an account in ATRESplayer, and finally validate the account with the operator's credentials. If the process is successful, the user will have access to ATRESplayer PREMIUM International without restrictions. For more information on the necessary conditions, the user should contact the operator.

The service provider is ATRESMEDIA CORPORACIÓN. In the event that the user cannot access the Service after payment by mobile operator, they must contact through the contact form. You can also contact us on 911 22 05 83 for Premium users from outside Spain on (+34) 911 79 60 27. The user must indicate as much information as possible and necessary to provide in order to resolve the incident as soon as possible. If there is any complication and the user cannot access the Service, access will be provided again.

PAYMENT WITH AMAZON

Users with Amazon related devices (Such as Fire Stick, dongles, devices and Fire TV OS) can make direct payments from the ATRESplayer app on their own devices. These payments will be charged on the user own device once the purchase is succesfully carried out.

This suscription will be extended automatically unless it is cancelled at least 24 before the end of the validation period.

Users can manage and cancel their suscriptions in their Amazon settings once the purchase has been processed.

RESPONSIBILITY FOR ACCESS TO AND USE OF THE SERVICE

The registered user of the Service declares that they are of legal age (over 18 years of age) and have the necessary legal capacity to contract the services offered. The user agrees to make appropriate use of the Service and not to use it to engage in illicit, illegal activities or activities contrary to good faith and public order. The user will not transmit his username and password to third parties and must immediately notify ATRESMEDIA CORPORACIÓN of access by an unauthorized user to said information. The transfer of the user account to third parties, free of charge or in exchange for consideration of any kind, is expressly prohibited. Atresmedia reserves the right to take legal actions in the event of non-compliance.

The concept of third-party used in the previous paragraph does not include the common usage by members of a Family Plan, under the conditions established in the corresponding section.

TERM

The contracting of the Service through the free modality through registration will have the duration indicated through the commercial offer. The contracting of the Service through one of the Subscription modalities will have a duration of one calendar month or one year as corresponds to the subscription contracted, counted from date to date, from the date on which the user has access the contents. and until 00:00 hours (peninsular time) of the same day of the following month. Notwithstanding the foregoing, once each monthly or annual period has elapsed, the Service contracted will be understood to be automatically extended for a new monthly or annual period, unless the user communicates to ATRESMEDIA CORPORACIÓN his will to resolve it with less, 1 day before the expiration date of each monthly or annual period, in which case the effective date of cancellation will be the first day of the month following receipt of said communication. To process their withdrawal, the user must access their user account and carry out the steps indicated in the "My Account" section.

RIGHT OF WITHDRAWAL

For those systems in which it is technically possible, the right of withdrawal is also recognized within a period of fourteen (14) days from the contracting of the same, provided that the execution of the contracted service has not started within this period, by means of communication to through the contact form. Once access to the Service has started, the user may not withdraw from the contract.

COPYRIGHT AND INDUSTRIAL PROPERTY

All the audiovisual contents offered through the Service belong to ATRESMEDIA CORPORACIÓN or its legitimate owner, and all of them are protected by the applicable Spanish, EU and international regulations. Consequently, the reproduction, distribution, public communication, transformation and/or the provision to the public of all or part of the Service and/or its contents, without the prior express authorisation of its legitimate owner, is strictly prohibited. The user does not acquire any rights to the contents as a result of its rental or subscription licence, and may only reproduce them for his or her own private and family use. Any other use, access, reproduction, distribution, public communication, transformation, translation, rental, sale, commercial exploitation or provision to third parties in any form whatsoever, in particular on a computer network or through remote access technologies, of all or part of the contents, products and/or services included in the Service is expressly prohibited. The non-authorised use of the contents, products and/or services included in the Service, as well as any infringement of the intellectual or industrial property rights over its contents, products and/or services, will entail the relevant legal liabilities.

To request authorization for the use of content, you can submit your request through the following link: https://portalventas.atresmedia.com/. For reports regarding unauthorized use of ATRESMEDIA CORPORACIÓN's content, please communicate it to us via email at pirateria@atresmedia.com.

PROCESSING OF PERSONAL DATA

The basic use of the Service will be subject to the prior completion of the relevant User registration.

Data Protection and Privacy Policy of Comunidad Atresmedia

The fields marked with an asterisk in the data collection forms are compulsory. If the user does not provide the relevant data, ATRESMEDIA CORPORACIÓN, at its sole discretion, may refuse to provide the corresponding service.

In the event that the user is redirected to another website, expressly including the website that must be visited by the user in order to pay for the use of the Service, a privacy policy different to that in force at ATRESMEDIA CORPORACIÓN will apply. It is also likely that cookies or other technologies will be used on these websites in order to collect user data. ATRESMEDIA CORPORACIÓN will not be held responsible for the content of those websites to which the user may be redirected.

APPLICABLE LEGISLATION AND JURISDICTION

With regard to any issue or dispute that may arise in connection with the products and services contracted, both ATRESMEDIA CORPORACIÓN and the user expressly waive any other jurisdiction that may correspond to them and agree to submit themselves to the Spanish law and to jurisdiction of the competent courts, in accordance with the applicable legislation.

In accordance with the provisions of art. 14 of Regulation (EU) 524/2013, we inform you of the existence of the Online Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

The email address enabled by Atresmedia to receive notifications is usuarios@atresplayer.com.

We also inform you that Atresmedia Corporación de Medios de Comunicación, S.A. is adhered to the Code of Conduct for Data Protection in Advertising Activity of AUTOCONTROL, accredited by the Spanish Agency for Data Protection and, therefore, is subject to its extrajudicial system for processing claims when they are related to data protection and advertising, available to interested parties on the website www.autocontrol.es/autocontrol-eng/.

ASSISTANCE

In the event that you encounter any errors when accessing the service or downloading content, or if you have any questions regarding the terms and conditions of this agreement, please do not hesitate to contact us using the contact form or via email usuarios@atresplayer.com.

PARTICIPATION LEGAL BASES IN ATRESPLAYER CONTESTS

These rules are of general application for all contests organized by ATRESMEDIA from the Atresplayer service. In the event that any of them have specific bases, these will be detailed on the contest page itself.

ATRESMEDIA CORPORACIÓN DE MEDIOS DE COMUNICACIÓN, S.A. (hereinafter ATRESMEDIA CORPORACIÓN) with registered office in San Sebastián de los Reyes, Avda. Isla Graciosa nº 13 (28703 Madrid), carries out different actions and competitions in the territorial area of Spain, in which registered users of the service Atresplayer participate in accordance with the following bases:

Legitimation to participate

Those users registered in Atresplayer who reside in Spanish territory and who have a valid ID or passport if they are Spanish, or a valid NIE and residence permit if they are foreigners, may participate at the time of awarding the prize.

Those people who have intervened in its implementation, the employees of ATRESMEDIA CORPORACIÓN or its affiliated companies, nor their direct family members will not be able to participate.

Game Mechanic

Participation in this type of contest is free and will be done through an invitation sent to the email with which the user has registered in the Atresplayer Service. The invitation will be made by selecting users according to their preferences and content displayed on the Atresplayer Service.

ATRESMEDIA CORPORACIÓN will communicate by email the particular conditions of each action: participation channels, prizes, validity, etc.

ATRESMEDIA CORPORACIÓN will communicate by email the particular conditions of each action: participation channels, prizes, validity, etc.

The participant must correctly answer the questions that are formulated and/or send the material for the contest in which they wish to participate.

Your participation will be free.

The winners of each contest will be those who obtain such a condition for meeting the criteria established in the mechanics of each of them, which will be informed in the email in which they are invited to participate. If any of the data provided by the user is not correct, or it cannot be located through any of the data provided, the prize will be assigned to the participant who has been qualified as the second-best valued.

Contest prize

In the contests, the prizes that ATRESMEDIA CORPORACIÓN communicates at all times will be awarded. The prizes will consist of "special packs" for the most loyal followers of the contents of the Atresplayer Service. By way of example, the prizes may consist of attending the recording of programs or filming, meeting the actors/presenters/contestants, receiving posters or other products signed by actors/presenters/contestants, among others.

The photographs of the prizes that may be published on the ATRESMEDIA CORPORACIÓN website or in the email inviting participants to participate in the contest are merely indicative, so there may be variations in terms of accessory characteristics of the product.

The prize obtained in this contest will be subject to the pertinent tax obligations. For these purposes, ATRESMEDIA CORPORACIÓN will send the winner a document proving the value of the prize awarded for the purposes of tax information for their declaration.

Once the contest is over, ATRESMEDIA CORPORACIÓN will contact the winner through the email address provided to participate in the contest. In the event that the winner cannot be located within two (2) days after the end of the contest, the prize will be awarded to the first alternate. In the event that it cannot be located after another two (2) days, the award will be awarded to the second alternate. ATRESMEDIA CORPORACIÓN will deliver the award within ninety (90) days after obtaining it, in the manner determined by ATRESMEDIA CORPORACIÓN, depending on its nature. If it had to be delivered in person and the winner does not pick it up at the place designated by ATRESMEDIA CORPORACIÓN within one (1) month from the date indicated by it, the prize will be void.

After the established deadlines, no claim will be accepted regarding the failure to deliver a prize.

Privacy policy and protection of personal data

We inform you that the data provided will be processed by ATRESMEDIA CORPORACIÓN DE MEDIOS DE COMUNICACIÓN, S.A., with address at Avda. Isla Graciosa 13, 28703 San Sebastián de los Reyes, Madrid.

You can consult the Privacy Policy of the Atresplayer Service at https://statics.atresmedia.com/atresplayer/assets/legal/proteccion.html

You can contact the Atresmedia Group Data Protection Officer at the following email address privacy@atresmedia.com.

Your email and, where appropriate, the content sent to compete, will be processed in order to manage and select the winner of the promotional action in which the user participates. The postal address of the winner or other contact information requested for the delivery or enjoyment of the prize, will be treated for the sole purpose of delivering the prize and for the time necessary to execute said delivery, as well as during the legally established deadlines. In this sense, Atresmedia will keep your personal data blocked during the limitation period of the actions that may arise from the relationship with you or for the attention of the requirements of the public authorities.

No data will be transferred to third parties, except legal obligation.

Likewise, we inform you that for the correct management of the personal data of Atresplayer users who participate in these contests, ATRESMEDIA CORPORACIÓN will have the collaboration of Adobe Systems Software Ireland Limited as the data controller. ATRESMEDIA CORPORACIÓN has signed the corresponding data treatment contract with Adobe, through which the following obligations are imposed, among others: apply the appropriate technical and organizational measures; process personal data for the agreed purposes and only attending to the documented instructions of ATRESMEDIA CORPORACIÓN; and delete or return the data to ATRESMEDIA CORPORACIÓN once the services have been provided.

Circumstantially, ATRESMEDIA CORPORACIÓN may have other data controllers. In this case, ATRESMEDIA CORPORACIÓN undertakes to sign the corresponding management contract with all of them, ensuring that the technical and organizational measures of those responsible guarantee a level of protection equivalent to that applied by ATRESMEDIA CORPORACIÓN.

The categories of said possible data processors will be the following:

What are your rights when you provide us with your data ?: You can exercise the rights recognized by the General Data Protection Regulation (RGPD) of access, rectification, deletion, opposition, and others by sending a communication to the email address privacy @ atresmedia .com, or by letter to the postal address of the Atresmedia Data Protection Office, located at Avda. Isla Graciosa 13, 28703 San Sebastián de los Reyes, Madrid, proving your identity and specifying the right you wish to exercise. For more information on these rights, see the Atresplayer Privacy Policy accessible from the web www.atresplayer.es.

Acceptance of terms

By participating in the promotional action, the user accepts these rules (which may be consulted at any time on the website www.atresplayer.com in the Conditions of use) and the company's criteria regarding the resolution of any question derived from the contest in which it participates. For these purposes, ATRESMEDIA CORPORACIÓN reserves, as far as the Law allows, the right to modify the bases at any time if the circumstances so require. The modification will be announced and will take effect from the date of its announcement, without the contestants being able to make any claim to ATRESMEDIA CORPORACIÓN for it.

Likewise, you consent to the publication of your data (name and town of residence) on the website in the event that you are awarded in any of the contests and / or promotions, as well as, where appropriate, the photographs or images of the award ceremony.

PROMOTIONAL OFFERS

ATRESplayer may offer promotions or special offers for subscription modalities. ATRESplayer will determine whether the suitability requirements for this offers are met by users, reserving the right to cancel the Offer and block the account if it is determined that the suitability requirements are not met. To launch these offers, information related to device identifiers, payment method or email address will be used to determine if the user is eligible for the Offer. The user may unsubscribe from the Offer at any time, once the cancellation is requested, it will become effective after the period of said promotion or offer has elapsed.