General conditions of use

1. Purpose.

These General Conditions of Use ("the Conditions" or the "General Conditions") describe the terms applicable to the service provided to Internet users by Universia Holding, S.L., with registered address at Ciudad Grupo Santander. Avda de Cantabria s/n, 28660 Boadilla del Monte (Madrid) and corporate tax number B82976515 and Contact Form (“Universia”) on the portal accessible via the following domains: https://www.becas-santander.com, www.santander-grants.com and www.bolsas-santander.com (jointly or individually, 'the Portal').

The service provided via the Portal ('the Service') consists of offering a space for the universities and other educational institutions or entities using the Portal (the "Institutions") to post programmes of scholarships, grants, academic projects or training courses (the 'Programme' or the 'Programmes'), and for users registered on the Portal to appraise the Programmes that interest them most and enrol, manage or coordinate them accordingly ('the Users of the Portal' or 'the User/s'), and to interact with the Institutions and, in certain cases, with other Users taking part in these Programmes by means of any specific communities that may be created to this end (‘Communities’ or ‘User Communities’). Universia may also offer its own training courses.

A User means any party registering on the Portal in any capacity, as "Student", "Teacher" or "Researcher", indiscriminately. "Teacher" will be understood as any person on the payroll of an Institution meeting the requisites of the specific Programme.

Any university, educational institution, local unit of Santander Group, entity or company, which promotes one or more Programmes on the Portal, in the manner stipulated in these General Conditions, may register on the Portal as an "Institution".

These Conditions are drawn up in Spanish and will take effect when Users begin to use the Service, which will occur when they have completed the registration process and expressly accept these Conditions by clicking on the button concerned. 

Users may consult a copy of said conditions at any time, since they will be available at all times in a link provided at the bottom of the Portal.

If users wish to know how we process their personal data to provide the Service, we advise them to consult our Privacy Policy, which is accessible in a link at the bottom of the Portal.

Universia clarifies that participation on Programmes will also be subject to any legal terms or conditions that may be established for each Programme by the Institution concerned, which users must read and accept beforehand. In general, Universia is not involved in running these Programmes, and therefore any incidents or claims concerning them should be taken up directly with the Institution concerned. The Institutions will process the personal data of users for the Programmes in accordance with their specific privacy policy.

When accessing, using or registering on the portal, the user confirms and guarantees that they are at least 16 years old, without prejudice to there being a higher minimum age for admission to certain programmes.

2. Description of the service

The Service provided by Universia is composed of the following functions, all relating to the management of scholarship Programmes or intended to enable Users to compete more successfully in scholarship Programme selection processes.

2.1. Scholarships

The Portal is a global space adhered to by Institutions in different countries that is connected and adapted to the needs of each centre to complete and strengthen the Programmes and create an ecosystem for encouraging academic activity. Institutions can use the Portal to create, publish, manage, monitor and supervise the Programmes, while accessing and consulting statistical analyses in relation to their development and inviting third-party partners to manage or take part in them. 

In this regard, the Institutions' Programmes may have been financed by third-party organisations (the "Promoters"), with which the Institution may jointly manage the Programme or to which it may provide access to details of the Programme, since they have financed the Programme. The Promoters may use the Portal or not use it, but if they do so they must accept these Conditions, including specific terms for Institutions, and be ruled by them.

Users that register on the Portal may access the Programmes and search, monitor and apply for any schemes for Programmes that may interest them. The User may check the status of their Programmes (whether monitored or applied for) and see notifications regarding the same in their user area (profile).
The Institution shall respect the results of the validation process established by Universia when posting the first Programme.

When the Programme is created, the Institution shall confirm that it has complied with all aspects of any legislation, regulations and rules applicable to the Programme, and that it has not infringed nor will it infringe any agreement by virtue of which the Institution is bound either explicitly or implicitly.

The Institutions posting the Programmes via the Portal are the only bodies tasked with the management, organisation and implementation of the Programmes, and Universia undertakes no responsibility whatsoever in this regard.

2.2. User Communities

Registered Users may participate in any Communities created on some Programmes. The Communities are private, and are only available to people who have already enrolled on the Programme concerned and have become beneficiaries of the Programme. These communities allow Users to interact with other members of the Community relating to the Programme, by asking questions or by posting material.

To participate in a Community, Users must make public a minimum amount of information on their profile, thereby guaranteeing the objective of the community so that other participants know who they are. The User may also provide other data that are not mandatory but could help them connect to other users and help them network. The Privacy Policy may be consulted for further details.

Specifically, the Communities will have the following functions, which may be updated or amended by Universia in accordance with commercial or legal requirements: 

Forums and Questions, where Users may:

  • Start new conversation topics or ask questions.
  • Include comments on the scheme, or respond to comments by other Users. 
  • See the questions, comments and topics posted by the members of the Community.
  • "Like" a specific topic.

Companions:

Users may also find a "Companions" section in the Communities, where they can see the profiles of other Users of the Community. They can also view any topics or questions that other members may have posted in Forums and Questions.

My Messages:

Here Users can send messages to other Users, see previous messages sent/deleted, and the mailbox with new messages received.

Notifications:

This shows notifications of any activity in which the User is directly involved. For example, reception of a new message.

Users may also use the Notifications tab to configure which Notifications they wish to receive, and which they do not wish to receive.

Alumni:

In this section the User can see other scholarship recipients from previous years, access their profiles, and even send them a message to exchange consultations and opinions.

To leave a User Community, Users need only click the "Leave Community" option in the "My Scholarships" section of the User's Profile.

Participation in the Communities is subject to the rules set out below ("Community Rules"). Universia may suspend access to the Communities for any User who fails to observe these rules, and also cancel the account of the User concerned following reiterated non-compliance. The rules are as follows: 

  • Users must write in the first person, and will provide truthful and current information that does not infringe these Conditions.
  • They will discuss issues relating to the Programme to which the Community relates.
  • Users must use appropriate and proper language, and must refrain from using expressions that are disrespectful, threatening, groundless, defamatory, inappropriate, ethically or socially discriminatory, or that might in any way cause material or moral damage to other Users or to third parties. Users must not express any sectarian opinions that constitute political, religious or xenophobic propaganda. Users must also refrain from mentioning third parties unless they are Users, and then only in reference to their proposals, in a respectful manner, avoiding gratuitous criticism and hurtful or derogatory comments.


2.3 Courses

Universia provides Users with various free training courses to enhance their skills and complete their training. The purpose of these courses is for Users to hone their capacities and skills, to enable them to approach the Programmes' selection processes offered on the platform by various Institutions with a greater likelihood of success.

2.4 Assessment Centre

The Portal offers Users a function to assess their current skills and abilities in various areas and for different purposes. It can assess their suitability for granting a specific scholarship and identify their strengths and areas where they can improve, so that they can gain a broader vision of the type of courses and scholarships that may be of most use to them as they continue their training.

The Service is free, and the Users and the Institution may withdraw from it at any time by writing to Universia at the addresses set out in the 'Privacy Policy' or via the User Profile.

3. User content

3.1. Content of Programmes

Any content that Users and/or the Institution share voluntarily via the Portal in connection with the Programmes on which Users enrol is defined jointly as 'the Content' of the Users and/or the Institution. Users and the Institution are solely responsible for any Content they share on the Portal following a call for a specific Programme, and shall hold Universia harmless in respect of any claims (judicial or extrajudicial) that may arise due to such Content.

In particular, the Institution will be responsible for immediately informing Universia if any Content shared by Users on the Programme provided by it is unlawful, constitutes defamation or slander against any person, company and/or association, or contains forbidden items, such as a virus or spam or links to these.

The Content of Users and/or the Institution is subject to these Conditions. As the Portal is international, these Conditions may be subject to laws applicable in the country in which the User resides and/or the Institution that publishes the Programme has its registered address.

The Content of Users and/or the Institution must be truthful. In this regard, the User and/or the Institution guarantees the authenticity of any and all Content shared on the Portal, and Universia accepts no liability in this respect.

3.2. Content of the Communities

In some cases, Users of the Portal may be able to share Content, provided they are members of Communities on the Programmes they have benefited from (“Community Content”)The content must concur with any criteria and rules for creation of content that may be established for each Community.

Users may post the following types of content in the Communities:

  • Comments, opinions and ideas in text.
  • Contributions by Users (texts, photographs, videos, provided this is available on the Portal.
  • Quotes or reproductions of small fragments of texts, books or, in general, third-party works, provided the source and name of the author is given.
  • Links to external content, with the source and author name also cited.
  • Any documents they may own.
  • Any other contributions, queries or questions should be channelled through the procedures established by the administrators for such purpose.

Contributions by Users may not disclose any information that is protected by duty of confidentiality or that infringes any kind of third-party rights.

Users may report any content that they consider unlawful or in breach of the Rules of Communities to Universia, using the contact data set out in these Conditions. To do this, any Users wishing to report such content must explain why they consider it to be unlawful or in breach of the Community Rules.

4. Acceptance of these Conditions

Provision of the Service will always be subject to acceptance by the User and by the Institution of the Privacy Policy and of these General Conditions.

To access the Service, the User and the Institution must register on the Portal, using the registration process provided to this end.

Universia reserves the right to deny access to the Portal to any Users and any Institutions that do not comply with these Conditions, at any time and with no right to compensation. If Universia has any reasonable grounds to believe that there has been any infringement of these Conditions, it will be entitled to erase the profile of the User and the Institution in breach, following notification.

5. Registration and access to the Service

The registered User/Institution's e-mail and password are mandatory for access to and use of the Service. The User/Institution must select the identifier (ID or login) and any password they wish, with an undertaking to keep and use it with all due care.

Use of the password is personal and non-transferable, and may not be made available to third parties, even on a temporary basis. In this regard, the User/Institution must take the necessary steps to ensure the safe custody of their chosen password and to prevent third parties from using their password. Consequently, the User/Institution will be solely responsible for any use made of their passwords. If the User/Institution becomes aware or suspects that their password is being used by third parties, they must notify this circumstance to Universia as soon as possible.

Registration on the Portal is personal. The User/Institution undertakes to keep all information provided to Universia up to date, so that it matches the true situation of the User at all times. In any case, the User/Institution will be solely liable for any false or inaccurate statements they may make and for any damage they may cause to Universia or to third parties through the information they provide.

Communities 

Despite the foregoing, to gain access to and use any Communities that may be created, Users will receive an e-mail inviting them to join the Community. The User must then enter their user e-mail and associated password to complete registration in the Community, and henceforth may access the Community by entering their credentials on its specific login screen.

6. Specific conditions for Institutions

The conditions set out in the following paragraphs of this section are applicable to Institutions only.

These General Conditions provide that the Institutions are strictly forbidden to request any kind of additional information in the fields offered directly by Universia to the Institutions at the time a Programme is created.

In particular, any Institution that includes a request for information regarding sensitive data, such as ethnic or racial origin and/or data relating to health, on the application forms and/or in spaces that are freely configured or are for free text on the Portal for any of their programmes will have to provide Universia with the regulation that allows it to collect this type of data, before the pertinent programme is published. As applicable, and at the request of Universia, the Institution will have to provide a reference to the regulation in the terms and conditions of the Programme and explain why this information is being requested.

The Institution will use all the means at its disposal to properly disseminate and promote usage of the Portal and of the Programmes posted on it.

The Institution's website will show the logo of the Portal and/or a connection link to the Portal.

During the process of creating a Programme, the Portal allows the Institution to insert accompanying images so as to make the Programmes more illustrative. In this regard and without prejudice to the provisions of these terms and conditions, the Institution declares and guarantees, as necessary, that it owns all or sufficient rights to allow the commercial use of the respective names, logos, trademarks and any other work/asset afforded protection under current intellectual and industrial property law that appears in any of the images for the programmes created by the Institution.

The Institution acknowledges that only those who have sufficient authorisation or who have been duly granted a representative mandate to represent and bind the Institution within the context of the Service may use the Service in its name and on its behalf, including registration of the Institution in the Service. The Institution guarantees that it will only allow people who meet these requirements to use the Service and gain access to the Portal.

Personal data protection

The Institution, since it receives data from Users, will be obliged to comply with the provisions of the General Data Protection Regulation 679/2016 (GDPR), or of any other data protection regulations that may apply, as the data controller. Specifically, pursuant to these Conditions, the Institution undertakes to:

  • Comply with the obligations under the GDPR for a Data Controller as a result of acquiring this status following the disclosure of data governed by the Institution's adherence to the portal and to these Conditions.
  • Provide its privacy policy to Users in relation to the Programmes.
  • Allow data subjects to exercise their rights of access to and rectification, erasure and portability of their data and to restriction of and objection to processing by providing them with an address for these purposes.
  • Ensure the application of appropriate technical and organisational measures so that the level of security is in accord with risk exposure.
  • Abide by the confidentiality of the data obtained by reason of the membership of the Institution of this Portal, and not disclose such data or make it available to third parties unless so required by a court or supervisory authority.

Universia likewise declares that the personal data to be disclosed to the Institution have been obtained lawfully and in compliance with GDPR requirements. Universia declares that it has obtained the informed, freely given, specific and unambiguous consent of the users for their data to be disclosed to the Institution and that it has complied with all the requirements of current data protection legislation.

Data processor

In relation to any arrangements made by the Institution to complete the procedures for its Programmes on the Portal, Universia will act as the data processor, as the entity providing the Portal. Solely in connection with the foregoing, Universia is subject to compliance with the following obligations:

  • When it acts as data processor, to only access Users' data to allow the Institution to use the Portal as a tool which the Institution uses to complete the selection processes concerning its Programmes.
  • Carry out only the following processing activities: collection, registration, structuring, amendment, conservation, extraction, consultation, comparison and access.
  • Ensure that people who can access users' data have undertaken confidentiality commitments in relation to any personal data that may be processed.
  • When any User or Data Subject exercises their right of access and right to rectification and erasure, restriction of processing, and data portability, and the right not to be the subject of automated individual decision-making, in relation to Universia, manage the response to these rights, always restricted to processing carried out directly on the Portal.
  • Assist the Institution in performing impact assessments and preliminary consultations, whenever this is mandatory in accordance with data protection regulations.
  • Use only those subcontractors that have accepted the obligations stipulated in this section, and ensure, if international transfers are to be made to these subcontractors, that they are based on proper safeguards such as an adequacy decision or the signature of standard contractual clauses (applying additional measures, if necessary), or on binding corporate rules.
  • Provide the Institution with additional information, if requested, concerning the identity of the subcontractors and of the international transfers made.
  • Permit and assist with audits or inspections. This obligation will be considered to have been met when Universia provides the Institution with an audit report draw up by Universia or by third parties tasked by it.
  • Notify the Institution of any security breaches in relation to its Programmes affecting the personal data of Users enrolled on them.
  • Adopt the security measures described in these General Conditions of Use.
  • Destroy data on management of the Programmes on termination of the General Conditions of Use, without prejudice to subsequently retaining the data as necessary to prepare, lodge or defend against any claims, where permitted by applicable legislation, or provide the data for judges and courts, the Public Prosecutor's Office or public administrations.

If a claim is brought against Universia and it has to respond to any kind of administrative or compensatory liability in respect of processing activities concerning the Institution, Universia may exercise a line of recourse to claim against the Institution, which must hold Universia harmless with respect to the damage and loss incurred.

Any concepts used in this clause will be interpreted in accordance with the definitions laid down in General Data Protection Regulation (EU) 2016/679.

7. Intellectual property

7.1 Licence granted to Users or Institutions

The copy, designs, images, databases, logos, structure, brands and other items in the Portal are protected by international laws and treaties on intellectual and industrial property.

All rights regarding the Portal, its associated documentation, and all updates, amendments, improvements, extensions, or corrections to the Portal, including all assessment options added to it, the Service and any of the items or content that make it up belong exclusively to Universia and to third parties (the "Content"), without prejudice to the provisions of these Conditions for Users or Institutions. Universia or the pertinent third party will keep all Content rights exclusive.

Users also accept and recognise that all content available on the Portal are protected under the sui generis rights over databases provided for in Royal Legislative Decree 1/1996 of 12 April, which enacts the restated text of the Intellectual Property Law, and consequently, said content may not be extracted or reused in full or a substantial part, or non-substantial part insofar as this goes against the normal use of said content and causes unjustified harm to Universia's legitimate interests.

Users and Institutions have a licence to view and use only Content that is necessary for enabling them to use the Service, in its executable version, which is non-transferable, with no territorial restriction, limited to the term of the contractual relationship for the provision of the Service and solely and insofar as is necessary for the purpose of using the Service pursuant to these Conditions. This licence will end automatically when the contractual relationship regulated by these Conditions comes to an end.

7.2 Licence granted by the Users or Institutions

These Conditions do not constitute an assignment, transfer, or waiver of the rights pertaining to the Institution or to the User in respect of the assets regulated by applicable intellectual or industrial property law. Accordingly, the parties will retain the rights over their respective names, logos, trademarks, databases, and any other asset afforded protection under applicable intellectual and industrial property law.

Users will retain all their moral and physical intellectual property rights concerning Content they have shared on the Portal. Publication on the Portal of any Content will not under any circumstance constitute assignment by the owner to the other Users/Institution of any rights relating thereto.

Users/the Institution transferring such rights by virtue of these Conditions represent and warrant that:

  1. They are the sole owner or are wholly entitled and authorised to make full use of all rights in respect of user content and to grant rights and licences in relation to any third-party material and/or content that appears or is included in the same, or that they have secured express written authorisation from all owners and rights holders of this third-party material and/or content as necessary for granting the rights and licences mentioned here.
  2. The Content of Users/the Institution shared by any User on the Portal does not constitute an infringement of any patent, intellectual property right, registered trademark, trade secret or any other rights of third parties.
  3. When creating the User/Institution Content, it states that: (a) the User/Institution has complied in all aspects with any legislation, regulations (including, without restriction, these General Conditions and the Legal Notice on the Portal) and applicable regulations; and (b) it has not infringed and will not infringe any agreements by virtue of which the User/Institution is explicitly or implicitly bound.
  4. It does not constitute defamation or slander against any person, company and/or association. It does not contain any prohibited items such as viruses or spam, or any links to same.

Consequently, the Institution or the User are solely responsible for the Content, and hold Universia harmless against any claims (judicial or extrajudicial) that arise or may arise as a result of utilisation of same.

The Institution or the User will continue to be full holders of any intellectual or industrial property rights over the Content. Universia and the other Users or Institutions are merely granted, as necessary for implementation of the Service, a free, worldwide, non-exclusive licence to view and use, limited to the right to exploit as necessary for the Service and for the duration of the validity of the General Conditions.

Lastly, we wish to remind you that not all documents and information are protected through the different intellectual property systems, and so Universia recommends that Users and Institutions assess the need to upload documents, information or assets to the Portal that are not protected or cannot be protected. Universia will not be held liable for the use that the Institutions or Users make of any Content uploaded by other Institutions or Users or for any damage or harm that such Content may occasion as a result of any breaches of the licence of use regarding the same granted pursuant to this clause.

8. Liability of Universia

Universia will be liable in accordance with the regulations applicable for any damage occasioned to Users or Institutions due to deception or gross negligence, and for any damage caused by negligence that inflicts harm on a person's life or health.

Universia offers Users the chance to apply for and take part in programmes and accepts no liability for any matters relating to the same. Universia will not be held responsible for any action including but not limited to the following: (i) any matters relating to management of the Programmes by the Institution; (ii) unwarranted use by the Institution of Users' Content; (iii) any action contrary to these General Conditions and the purpose and objective of the Portal by any of the Users.

In this regard, the Programmes will be regulated by their own terms and conditions, which must be read and accepted beforehand by Users as applicable to the Programme.

Universia, pursuant to the provisions of Law 34/2002 of 12 July concerning Services in relation to the Information Society and E-Commerce ('LSSI'), will only be liable for the Content of Users or Institutions if it has effective knowledge of the illicit nature of such Content, and has not taken down the illicit content or disabled the link shared with the User with due care. 

If any person considers they have shared illicit or inappropriate Content by Users, or any Content that constitutes or entails defamation or slander against any person, company and/or association and/or which contain forbidden features such as viruses or spam or links to same, it must promptly notify Banco Santander and Universia at Contact Form, although this communication does not under any circumstances entail the obligation to take down the corresponding content or link.

9. Liability of the User/Institution

Users and Institutions will be liable in accordance with the regulations applicable for any damages occasioned to Universia due to deception or gross negligence, and for any damage caused by negligence that inflicts harm on a person's life or health.

The User/Institution undertakes to use the Service in accordance with the legislation in force, these Conditions, the principles of good faith and generally accepted usages, and to refrain from breaching public order by actions via the Portal. Thus, any use for unlawful purposes is forbidden, as is any use that may adversely affect or prevent, damage and/or overload, in any way, the utilisation and normal functioning of the Portal, or which directly or indirectly adversely affects any of the Users or any third party.

Any infringement of these General Conditions may give rise to civil or criminal extrajudicial or judicial proceedings against the User/Institution, which must hold Universia harmless in respect of any claims, lawsuits or damages that may be incurred as a result of the aforementioned infringement.

10. Queries, complaints and claims

Any User/Institution that has any queries concerning these Conditions or in relation to the Service offered on the Portal or wishes to lodge a complaint, claim or suggestion may do so by using the Contact Form.

11. Security

The Portal has security measures in place to protect the Service, in accordance with market standards. Users and Institutions may request detailed information about these measures using the contact details set out in these Conditions.

12. Changes to the Conditions

Any substantial modifications to these conditions will be notified to Users and Institutions prior to publication and effective application, with reasonable notice. You will be understood to have accepted the Conditions if you continue to use the Service. If you do not agree, you may stop using the Service.

The amendments will not take retroactive effect.  

The reasons why we might amend these Conditions will essentially be regulatory or legislative changes, changes to the organisational structure of Universia or the business group that Universia belongs to, or changes to the characteristics of the Service.

13. Subcontracting

Universia may have third parties to help it with any task relating to the management, development and maintenance of the Service, in addition to all of its elements, links, tabs, sections, sub-sections and similar.

14. Duration, cancellation and termination

These General Conditions will begin to apply when Users or Institutions register on the Portal and will end (i) when they cancel their registration on the Portal (which they may do at any time) or (ii) when we are obliged to cancel their registration, which may happen if they fail to comply with the obligations undertaken pursuant to these Conditions or any provision in applicable legislation and, having been notified by us, they continue not to comply thirty (30) days after the notification date.

Universia may also terminate the General Conditions binding us to the Users and Institutions, which, in practice, means that we cancel the 'user', if we decide to stop providing the Service or change it substantially, although we would provide notice in that case.

15. Applicable legislation and jurisdiction

These General Conditions will be governed by Spanish law. Any dispute arising from access to or use of the Portal is subject to the exclusive jurisdiction of the courts of Madrid, Spain.

The foregoing provision will only be applicable if it is not contrary to the mandatory regulations applicable.

Finally, Users are informed that the European Commission has also launched an extrajudicial conflict-resolution platform which they can access via the following URL: http://ec.europa.eu/consumers/odr/. However, Universia is under no obligation to resolve any conflicts that may arise via this channel.

Last modification date: 09/12/2021