Legal notice and general conditions of use of the virtual assistant of Turespaña

1. IDENTIFICATION OF THE SERVICE The Spanish Tourism Institute (TURESPAÑA), with Tax Identification Code Q-2829013-H and address at Calle Poeta Joan Maragall, 41, 28020 Madrid, offers citizens, visitors and companies the portal www.spain.info and the Turespaña Virtual Assistant. This service aims to provide general tourist information about Spain using artificial intelligence technology. Access to and use of the www.spain.info portal and the Turespaña Virtual Assistant is governed by the following conditions, which the user accepts from the moment he or she accesses the service. Notice on the use of Artificial Intelligence: You are interacting with a virtual assistant based on artificial intelligence. The answers are not a substitute for professional advice or advice from official bodies. This notice will be visible from the start of the interaction, in compliance with Regulation (EU) 2024/1081 on Artificial Intelligence. 2. USER DEFINITION Any person who accesses and uses the Turespaña Virtual Assistant is considered a user. 3. HOW THE VIRTUAL ASSISTANT WORKS The portal www.spain.info provides personalised tourism content and Turespaña's Virtual Assistant provides automatic responses based on an artificial intelligence language model that integrates information from multiple sources, including: - Tourism promotion bodies of the Autonomous Communities - Private companies in the tourism sector - Third-party databases integrated with the assistant The answers on the www.spain.info portal and the wizard are indicative and general in nature, so users are advised to verify the information with official sources or contact tourism bodies and service providers directly before making decisions based on the information provided. 4. OBLIGATIONS OF THE USER The user undertakes to: - Use the portal www.spain.info and the Turespaña Virtual Assistant in accordance with current legislation, good faith and generally accepted uses. - Likewise, the user undertakes not to use the portal www.spain.info and the Turespaña Virtual Assistant for illicit purposes or purposes that are harmful to the rights and/or interests of Turespaña and/or third parties. - Do not attempt to manipulate, alter or compromise the operation of the assistant by hacking techniques or any other method. The system incorporates reasonable controls to prevent misuse, without prejudice to the responsibility of the user. TURESPAÑA reserves the right to restrict access to the assistant to any user who breaches these conditions. 5. USER RESPONSIBILITY Users will be solely responsible for how they use the Turespaña Virtual Assistant and shall not hold Turespaña liable from any damages or losses caused, whether directly or indirectly by the user or third parties, due to failing to comply with these General Terms and Conditions. In this sense, Turespaña reserves the right to deny access and/or use of the Turespaña Virtual Assistant or any of its contents and/or services to any user who has breached these General Conditions. Turespaña will pursue the breach of these conditions as well as any improper use of this website/platform, exercising all civil and criminal actions that may correspond to it by law. 6. TURESPAÑA'S RESPONSIBILITIES Turespaña provides the services described in these conditions free of charge, without prejudice to the prices that may be established by the suppliers of services or products to which reference may be made. Some of the data used by the Virtual Assistant and Turespaña may have been obtained from external sources. In these cases, Turespaña will indicate, the origin of such information and the identity of its owner, provided that this is feasible, and endeavouring to keep data from third parties up-to-date at all times and whenever possible. Turespaña shall not be liable for damages and/or losses of any nature that the user or a third party may suffer as a result of: 1. Turespaña is not liable for damages and/or losses of any kind that the user or a third party may suffer as a result of the accuracy, timeliness or reliability of the answers generated by the assistant, as these depend on multiple external sources and natural language processing algorithms. 2. Unavailability, interruptions or malfunctions of the assistant due to technical failures or system maintenance. 3. Decisions or actions that users take based on the information provided by the assistant. 4. The presence of external links in the assistant's answers, as these may redirect to third-party websites not managed by TURESPAÑA. 5. Possible errors in the information obtained through third-party sources integrated in the assistant. 6. That a third party, breaking the security measures established by Turespaña, uses the Turespaña Virtual Assistant, its contents or services for the transmission of viruses or gains access to carry out unauthorised processing of the data stored by Turespaña. 7. In general, any use of the Turespaña Virtual Assistant, its services and/or contents that may be made by the user or a third party, contrary to the Conditions of access and use of the same established by Turespaña. 8. In cases where the Virtual Assistant incorporates data provided by duly identified third parties, Turespaña will endeavour to make appropriate use of such information and respect the terms of use established by their owners. To the extent possible and in compliance with the law, Turespaña may adopt a series of reasonable measures to prevent the improper use of the data that could have a negative impact on the legitimate owners of such data, without this implying the assumption of responsibility for the content generated by the assistant or for possible inaccuracies attributable to the providers. 7. RESPONSIBILITY FOR LINKS TO EXTERNAL SITES The Turespaña Virtual Assistant may provide links to third-party websites, such as official tourism sites of autonomous communities, tourism service providers and other sources of information. TURESPAÑA has no control over these websites and assumes no responsibility for them with regard to the following: - The accuracy, legality or availability of the content of such sites. - Possible changes in the information published on the linked pages. - Services or products offered on third party websites. You are responsible for reviewing the privacy policies and terms of use of external websites before providing personal information or conducting transactions on them. 8. PROTECTION OF PERSONAL DATA The portal www.spain.info and the Turespaña Virtual Assistant do not collect or store users' personal data, except for those strictly necessary for the optimisation of the service. In the event that functions requiring the processing of personal data are incorporated in the future, these will be governed by the current regulations on personal data protection (RGPD and LOPDGDD). However, TURESPAÑA may record interactions with the assistant for security, auditing and service improvement purposes, complying in all cases with current data protection regulations. These records will be processed in accordance with the principles of minimisation, purpose limitation and proportionality. For further information on the processing of personal data at TURESPAÑA, please read our Terms and Conditions on the use of information and our cookies policy. 9. INTELLECTUAL AND INDUSTRIAL PROPERTY All the contents generated or used in the portal www.spain.info and the Turespaña Virtual Assistant, including texts, images, graphics, logos and databases, are protected by intellectual and industrial property rights. The user is not authorised to: - Reproducing, modifying or distributing the contents of the assistant without the express authorisation of TURESPAÑA. - Use the data obtained from the assistant for commercial or unauthorised purposes. Any improper use of the information provided by the assistant may be subject to legal action by TURESPAÑA. 10. MODIFICATIONS AND UPDATES TURESPAÑA reserves the right to modify these General Conditions of Use at any time, in order to adapt them to regulatory changes or service improvements. The modifications will come into force as soon as they are published on the official TURESPAÑA website or as soon as they are implemented in the virtual assistant. 11. APPLICABLE LAW AND JURISDICTION This Legal Notice is governed by Spanish law. Any dispute that may arise in relation to the use of the Turespaña Virtual Assistant will be submitted to the courts of Madrid, Spain, unless the consumer and user protection regulations establish another mandatory jurisdiction. Contact For any inquiries related to the use of the Virtual Assistant, you may contact TURESPAÑA through the contact form on the official website at https://www.spain.info. 12. HUMAN REVIEW AND CONTACT The user may contact TURESPAÑA to request further clarification or a human review of the information provided by the virtual assistant. These requests can be submitted through the official channels available on the website https://www.spain.info.