Agreement for incorporation as a Fundación Repsol Volunteer

FUNDACIÓN REPSOL, registered in the Foundations Register of the Ministry of Culture under number 263 and with registered offices in Madrid, calle Acanto, number 22, is a non-profit entity engaging in activities of general interest, including the promotion of volunteering in society through active and permanent participation in volunteering programmes.

Incorporation as a volunteer for any of the activities that FUNDACIÓN REPSOL organises or participates in requires acceptance of this volunteering agreement, which shall be governed by the conditions expounded below and, failing that, by the provisions of Law 45/2015, of 14 October, on Volunteering ("Volunteering Law").

 

1.- PURPOSE

The purpose of this Agreement is to regulate the relationship between the VOLUNTEER and FUNDACIÓN REPSOL in relation to the participation of the VOLUNTEER in the volunteering activities of FUNDACIÓN REPSOL and those carried out by FUNDACIÓN REPSOL in collaboration with social entities, all within the context of the Volunteering Plan of FUNDACIÓN REPSOL. 

The specific activities that will be carried out by the VOLUNTEER, in addition to the time dedicated thereto, shall be determined through the registration performed for such purposes on the volunteering website of FUNDACIÓN REPSOL (www.voluntariado.fundacionrepsol.com). For some of these activities, FUNDACIÓN REPSOL offers the possibility of enabling the registration of the VOLUNTEER's children/wards as their guests.

FUNDACIÓN REPSOL reserves the right to select the volunteers who will attend each of the activities, according to the requirements established for each activity and on a first come, first served basis, in addition to modifying or cancelling them.

The VOLUNTEER's participation in volunteering activities is completely altruistic, there being no employment and/or business relationship whatsoever between the VOLUNTEER and FUNDACIÓN REPSOL.

 

2.- REMUNERATION

The VOLUNTEER will not receive any remuneration whatsoever for the functions and activities they carry out under this Agreement.

 

3.- RIGHTS AND OBLIGATIONS OF THE VOLUNTEER AND FUNDACIÓN REPSOL

3.1. VOLUNTEER rights

The VOLUNTEER will have the following rights:

  • Regularly or occasionally carry out social, environmental, sporting, educational and/or community activities that FUNDACIÓN REPSOL organises or participates in. .
  • Receive the necessary training to properly carry out the activities.
  • Be treated on equal terms, without discrimination, with respect for their freedom, identity, dignity, and other fundamental rights recognised in agreements, international treaties, and the Constitution.
  • Be insured, at the expense of FUNDACIÓN REPSOL, against risk of accidents and diseases arising directly from the exercise of the volunteering activities.
  • Have accreditation identifying their volunteer status and identifying FUNDACIÓN REPSOL as the volunteering entity in which they participate.
  • Carry out their activity in accordance with the principle of universal accessibility.
  • Have their personal data processed and protected in accordance with the provisions established in the legislation governing the processing of personal data in force at any given time.
  • Any other rights recognised in the Volunteering Law or in any other applicable regulation.

3.2. VOLUNTEER duties

The VOLUNTEER will have the following duties:

  • Fulfil the commitments acquired with FUNDACIÓN REPSOL, respecting its purposes and bylaws.
  • Maintain the due confidentiality of the information received and known in the exercise of their voluntary action.
  • Reject any material or financial remuneration that they could receive either from the recipients of the volunteering action or from other persons related to their voluntary action.
  • Respect the rights of the recipients of the volunteering action.
  • Act with due diligence and solidarity without carrying out actions and/or omissions that cold harm the reputation of FUNDACIÓN REPSOL.
  • Participate in the training activities envisaged for the assigned activities and functions.
  • Follow the instructions of FUNDACIÓN REPSOL, the rules governing the volunteering activity or place where it is carried out, respect and care for the material resources placed at their disposal and fulfil the corresponding safety and health measures.
  • In the event that they sign up a guest for the volunteering action, ensure that they fulfil the obligations to which the VOLUNTEER is bound.
  • Observe the rules on the protection and processing of personal data in force at any given time.
  • Before participating in programmes whose exercise entails regular contact with minors, they must furnish FUNDACIÓN REPSOL with a certificate from the Central Register of Convicted Persons accrediting that they have not been convicted, following a definitive ruling, for crimes against individual freedom and sexual integrity or the trafficking and exploitation of minors.
  • Inform FUNDACIÓN REPSOL immediately of any change in the VOLUNTEER's Declarations and Guarantees.
  • Any other duties recognised in the Volunteering Law or in any other applicable regulation.

3.3. FUNDACIÓN REPSOL's rights

FUNDACIÓN REPSOL will have the following rights:

  • Select volunteers without any discrimination whatsoever on the grounds of gender, sexual identity, sexual orientation, nationality, racial or ethnic origin, religion, ideological stance, trade union activity, disability, age or any other personal or social condition or circumstance, in accordance with the entity's purposes or objectives, the nature and characteristics of the duty to be carried out and on a first come, first served basis.
  • Suspend volunteers' activity when it seriously harms the quality or purposes of the entity's programmes or seriously breaches the incorporation agreement.
  • Any other rights recognised in the Volunteering Law or in any other applicable regulation.

3.4. FUNDACIÓN REPSOL's duties

FUNDACIÓN REPSOL will have the following duties:

  • Draft its own internal operating rules in accordance with democratic, participatory, and transparency principles and with the applicable regulation.
  • Take out an insurance policy or other financial guarantee, adequate to the characteristics and circumstances of the activity carried out by the volunteers, that covers the risk of accident and disease arising directly from the volunteering activity.
  • Establish internal information and orientation systems aligned with the purposes and operating regime of FUNDACIÓN REPSOL, the performance of tasks entrusted to the volunteers and the delimitation of said tasks with the functions inherent to the professionals of the entities.
  • Provide volunteers, regularly and in accordance with their personal conditions, with the basic and specific training needed to properly carry out their activities.
  • Facilitate the participation of volunteers in the creation, design, execution and evaluation of the programmes in which they intervene.
  • Monitor and evaluate the scheduled activities, guaranteeing the achievement of the envisaged objectives in accordance with the principles of social effectiveness and profitability.
  • Provide volunteers with accreditation that will identify them and enable them to perform their activity, stating the volunteering entity in which the volunteering action is carried out.
  • Issue a certificate to volunteers indicating the duration of the volunteering work and activities carried out in the programmes in which they have participated.
  • Keep a record of incorporation agreements and the registration and deregistration of volunteers.
  • Observe the rules on the protection and processing of personal data in force at any given time.
  • Any other duties recognised in the Volunteering Law or in any other applicable regulation.

 

4. VOLUNTEER DECLARATIONS AND GUARANTEES

The VOLUNTEER, through their adherence to this Agreement, declares:

  1. That they are over eighteen (18) years of age.
  2. That the data provided to FUNDACIÓN REPSOL for their adherence as a VOLUNTEER are complete and true.
  3. That the VOLUNTEER is aware that, except in the cases envisaged by Law or unless it has been expressly agreed upon, FUNDACIÓN REPSOL will not bear any of the VOLUNTEER's personal expenses associated with their participation in volunteer activities as such.
  4. That the VOLUNTEER does not have an active criminal record for domestic or gender violence; for crimes against the life, physical integrity, freedom, moral integrity, or sexual freedom and integrity of their spouse or children; for the trafficking or clandestine migration of persons; or for terrorism in programmes whose recipients have been or could be victims of these crimes.

That, in the case of registering a guest, the VOLUNTEER is the father/mother/legal guardian thereof, the participation of the guest does not affect the comprehensive development and training of the VOLUNTEER, the VOLUNTEER has informed the guest of the contents of this Agreement, and the guest consents to the purposes of their registration and to the processing of their personal data under the terms established herein.

 

5.- DURATION

This Agreement shall have a duration of one (1) year from the date of Adherence of the VOLUNTEER.

On the expiry date, the Agreement shall be tacitly renewed for successive periods of ONE (1) year, unless notice of termination is given by one of the Parties by reliable means at least THIRTY (30) days prior to the expiry date of the initial period or of any of its renewal periods.

 

6.- TERMINATION

This Agreement may be terminated for the causes enumerated below, in addition to any others envisaged in the legislation in force applicable thereto:

  • Expiry of the agreed-upon contractual term or of any of its renewal periods, with the corresponding advance notice agreed upon as appropriate.
  • Express willingness of both Parties in this regard.
  • Early termination by any of the Parties, notifying the other Party with a minimum advance notice of THIRTY (30) days.
  • Non-fulfilment by any of the Parties of the obligations included in this Agreement, in the Volunteering Law or any applicable regulation.

 

7.- PROTECTION OF PERSONAL DATA

7.1. Processing of VOLUNTEER data

As a result of the the VOLUNTEER entering into this agreement, FUNDACIÓN REPSOL will need to process the personal data provided by the VOLUNTEER in the registration form, in addition to all other data resulting from the VOLUNTEER's participation in the various volunteering activities, in accordance with the following:

  • The entity responsible for processing the data is FUNDACIÓN REPSOL, with registered address at, calle Acanto, 22 planta 10, 28045, Madrid (Spain).
  • Said data will be exclusively used to manage the subject's status as a VOLUNTEER and their participation in volunteering activities, provide the VOLUNTEER with training so that they can perform the volunteering activities correctly, and verify that the VOLUNTEER has no previous criminal record, in accordance with our legal obligations. Likewise, the VOLUNTEER's image shall be processed pursuant to the following clause.
  • The lawful basis for processing is the VOLUNTEER's consent to being a part of our volunteering community, which authorizes us to process their data for the described purposes. The law is considered the lawful basis for processing in the case of the criminal record check.
  • If the VOLUNTEER registers to take part in a volunteering activity, their personal data may be passed on to a third party (when necessary in accordance with legislation), data processing service providers, or third parties that are involved in organizing the activities. The data will be processed with the exclusive aim of carrying out all the processes necessary to hold the volunteering activity. The mere registration as a volunteer implies authorisation for FUNDACIÓN REPSOL to carry out said communications.
  • The VOLUNTEER may exercise their rights to access, rectification, opposition, deletion, limitations of use, portability, and withdrawal of consent. More information can be fond in the Privacy Policy, to be found at www.fundacionrepsol.com. VOLUNTEERS can exercise the aforementioned rights by writing to the registered address of the entity responsible for the data, or alternatively by sending an e-mail to voluntariado@fundacionrepsol.com. You may also lodge a complaint against the control authority at any point.
  • FUNDACIÓN REPSOL will continue to process the VOLUNTEER's data while the individual continues to be a volunteer, and for an additional period until all potential criminal, civil, mercantile, and/or liabilities have expired.
  • You can learn about how we use your data in greater detail by consulting the Privacy Policy available at www.fundacionrepsol.com

7.2. Processing of VOLUNTEER guest data

Furthermore, should the VOLUNTEER provide the personal data of a third party that will accompany them in a volunteering activity (hereinafter, "Guests"), the VOLUNTEER declares and guarantees that they have the guest's consent to communicate their data to FUNDACIÓN REPSOL, so that it may PROCESS them for the purposes of completing the necessary formalities for organising, managing, and carrying out the volunteering activity in which the VOLUNTEER has registered and for managing the relationship between the guest and FUNDACIÓN REPSOL in relation to the VOLUNTEER guest status of the former. The VOLUNTEER has the obligation to inform Guests of the content of the present agreement, of how their personal data is processed, and of their applicable rights. The VOLUNTEER also GUARANTEES that FUNDACIÓN REPSOL will be held harmless against any claims resulting from (i) the failure to duly inform Guests, or (ii) the failure to obtain Guests' voluntary, free, express, and informed consent regarding the processing of their personal data.

The VOLUNTEER is hereby informed that, exclusively for the purpose of personal data processing, persons aged 14 and over are considered to have the capacity to be informed and provide consent for their information to be processed. If your Guest is under 14 years of age, consent must be sought from the Guest's parent or legal guardian.
Notwithstanding the foregoing statements regarding the processing of personal data, a minor under 18 years of age may not take part in a volunteering activity without the prior consent of their parent or legal guardian. In any case, FUNDACIÓN REPSOL does not allow guests under the age of 5.

 

8.- PROCESSING OF IMAGES IN MULTIMEDIA MATERIAL

The VOLUNTEER is hereby informed that, in certain volunteering activities, photographs may be taken or videos filmed for the purposes of promoting the activity. The VOLUNTEER shall be duly informed in this regard in each case.

The VOLUNTEER hereby authorises FUNDACIÓN REPSOL to use their image in order to use the photographic or audiovisual material in which the VOLUNTEER's image appears, for the purpose of using it in internal or external communication media and campaigns carried out by FUNDACIÓN REPSOL, including publication in the media, social networks and the Internet, which would imply that their image would be viewed by the public in general. Image rights are transferred in order to use the photographic and audiovisual material for the purposes and in the media mentioned above, using currently known technical means and those that could be developed in the future, and for the reproduction, distribution, public communication, and transformation thereof, in any country in the world and for the maximum time period permitted by Law.

The transfer of image rights is free of charge, does not imply illegal interference with the VOLUNTEER's privacy, honour or reputation, nor is it contrary to their interests.
Images will be processed indefinitely, as long as the VOLUNTEER does not revoke their image rights at any point.

The VOLUNTEER, as father/mother/guardian of the accompanying minor hereby authorises the use of their image for the purposes envisaged in this clause.

 

9.- APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed and interpreted by the applicable Spanish legislation in force.

The Parties expressly waive any jurisdiction to which they are entitled and subject themselves to the jurisdiction of the ordinary Courts and Tribunals of the city of Madrid to resolve any discrepancies that may arise from the interpretation, execution, fulfilment, and/or termination of this Agreement.