ADDITIONAL INFORMATION ON DATA PRIVACY
This privacy policy describes the processing of your personal data by FUNDACIÓN PRIVADA ABERTIS (hereinafter, "Abertis Foundation"), in the context of the Drone Challenge promoted by Abertis Foundation, (hereinafter, the "Challenge").
Identity: FUNDACIÓN PRIVADA ABERTIS
CIF/Tax ID: G62053293
Adress: C/ Castell, 08729, Castellet I La Gornal, Barcelona, Spain
Postal Address: Avenida Pedralbes, 17, 08034 Barcelona, Spain
Telephone: 977671667
E-mail: lopd@abertis.com
In general, the personal data that you provide to us (through the registration form) are: name and surname, address, postal code, e-mail address, contact telephone number, contact list, fax number and nationality. In very specific cases and depending on the purpose and intended use of your personal data, academic and professional data, employment details, commercial information, social, economic and insurance circumstances, transfer of goods and services may be collected.
We need the above personal data to fulfill your requests and successfully register your application and run the Challenge. Refusal to provide the data may make it impossible for you to register for the Challenge or to complete the process successfully.
If you provide third-party data, you are responsible for collecting the subject’s consent and for informing them of the contents of this privacy policy. You agree that Abertis Foundation shall not be responsible or liable, directly, or indirectly, for the use of any third-party data that you provide. In any case, Abertis Foundation may verify that you comply with your obligations from time to time and will apply the relevant due diligence measures in accordance with the applicable regulations.
Abertis Foundation will process your personal data for the following purposes:
If you are interested in the Challenge, in order to correctly manage your application and contact in relation to the Challenge;
To manage your participation, once you have completed your registration form for the Challenge using the link available at http://www.f6s.com/abertis-drone-challenge. The registration will entail an international personal data transfer to United Kingdom to “F6S Network Limited”;
If necessary, to share your personal data with other companies in the Abertis Group for internal group administration purposes;
In order to comply with internal administrative purposes derived from the organization of the Challenge, excluding commercial purposes;
Where applicable, obtain your images during the course of the Event for later use, in accordance with the information provided to you in this policy;
Where applicable, inform to Abertis Infraestructuras, S.A. of your image or voice rights relating to the pictures or videos taken of you in the framework of the Challenge to allow Abertis Infraestructuras, S.A. to publish news about the Challenge in online and offline external media and communication campaigns, relating to the posting on their respective web pages.
The legal basis for processing your personal data based on the purposes described above is as follows:
In the case of your interest in the Challenge, the adoption of pre-contractual measures.
If you complete your registration form for the Challenge using the link available at http://www.f6s.com/abertis-drone-challenge, the execution of the contractual relationship with you;
Where appropriate, we will rely on our legitimate interest in disclosing your data to other companies within the Abertis Group, excluding commercial purposes;
Where appropriate, consent to use image according to this document;
Where appropriate, consent to communicate to Abertis Infraestructuras, S.A. the image or voice rights relating to the images taken of you in the framework of the Challenge according to this document.
Generally, Abertis Foundation will not disclose your personal data, except in the following cases:
to competent authorities and bodies, courts, tribunals or any other third parties authorized in accordance with the applicable regulations;
to “F6S Network Limited”, as data controller, for the correct management of the Challenge registration process using the link available at http://www.f6s.com/abertis-drone-challenge. This data is disclosed when you complete the registration process and involves an international personal data transfer to United Kingdom that will be covered by an adequacy decision according to the provisions set out in Article 45 of the GDPR.
to “Innovation House, S.L.”, as data processor to provide consulting services to support the development and implementation of the Challenge;
to other companies within the Abertis Group, for internal administrative purposes, including the processing of personal data, excluding commercial purposes;
if applicable, to “Abertis Infraestructuras, S.A.” the image or voice rights relating to the images taken of you in the framework of the Challenge to allow Abertis Infraestructuras, S.A. to publicize the Challenge in online and offline external communication media and campaigns, through its web pages.
However, Abertis Foundation has outsourced the provision of certain services (e.g., virtual infrastructure services, cloud computing, etc.) to suppliers who may have access to and/or process personal data in their capacity as processors. Such suppliers may process and store personal data on servers located outside your country of residence.
Therefore, depending on the location of the participant, data may be transferred to other countries. In this case, your personal data may be transferred internationally to third parties located outside the European Economic Area ("EEA"), provided that Abertis Foundation is authorizsed to do so and subject to compliance with the appropriate safeguards set out in Articles 44 to 50 of the GDPR. Such third parties will only access the data to carry out their services on behalf of and for the account of Abertis Foundation, under an obligation of confidentiality and always following its instructions and will not at any time use such data for their own purposes and/or unauthorizsed purposes.
In any case, the appropriate safeguards include, but are not limited to:
Adequacy Decision: a declaration by the European Commission that a non-EU country provides an adequate level of data protection equivalent to that required by European data protection law, so that an international transfer of data to a third party established in that country outside the EU is possible;
Binding Corporate Rules: these apply to groups of companies or associations of companies engaged in a common economic activity that allow the flow of personal data on the basis of self-regulation accepted and adopted by each of the signatories;
Standard Corporate Rules: this is a mechanism signed between the exporter of personal data from one of the EEA countries and a third country. It is a contractual agreement, the model of which has been approved and published by the European Commission and is in line with the provisions of the GDPR;
Code of Conduct or a certification mechanism, together with binding and enforceable commitments by the recipient to implement adequate safeguards for the protection of the transferred data.
In the absence of the above, your personal data may exceptionally be transferred to a third country or international organization, in accordance with the mechanisms that may be recognized in this respect by data protection legislation.
Abertis Foundation will conduct international transfers of personal data, in order of preference, under the following safeguards:
Safeguard | Criteria used by Abertis Foundation |
Adequacy decision issued by EC | Measure identified as preferred by Abertis Foundation. You can find the list of countries subject to an adequacy decision in: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en |
Binding Corporate Rules (BCR) | In the lack of an Adequacy Decision, it will be the preferential safeguard measures that Abertis Foundation will request to the importer of the personal data. You can find the list of the entities that have BCR in the following link: https://edpb.europa.eu/our-work-tools/accountability-tools/bcr_en?page=1 |
Standard Contractual Clauses | As a secondary safeguard, we will subscribe and/or request a copy, as appropriate, from the importer of the personal data of the executed version of the Standard Contractual Clauses based on the models of the European Commission, available here: https://eur-lex.europa.eu/legal-content/ES/ALL/?uri=CELEX%3A32021D0914 |
Abertis Foundation will keep your personal data for the purpose of participating and/or carrying out the Challenge (unless you ask us to erase them or object to them via the channels indicated in the "YOUR RIGHTS" section) and for the time necessary to fulfil any future obligations. Your personal data will be deleted at the end of the statutory periods.
However, for each processing activity, we will inform you of the applicable data retention period for each processing activity in the information that we provide to you when your personal data is collected. We also inform you that we will take all reasonable steps to ensure that your data is rectified or deleted when it is inaccurate.
Abertis Foundation adopts appropriate security measures to prevent unauthorized access, disclosure, alteration or destruction of your personal data.
Data will be processed using computers and/or IT tools, in accordance with procedures and organizational methods strictly related to the stated purposes.
In cases where we transfer your information to suppliers by e-mail, our accounts are covered by additional security measures. All information stored on third party back-up systems requires an encrypted login.
You are entitled to exercise your rights to access, rectify, erase, object to or restrict the processing of your personal data at any time, as well as your right to data portability. You must do so by sending an e-mail to the following address: lopd@abertis.com or a letter to the address of Abertis Foundation, located at Avenida Pedralbes, 17, 08034 Barcelona. These rights are inherent to each data subject and therefore cannot be waived and are as follows:
Right of access: the right to access the personal data that are processed by Abertis Foundation in accordance with Article 15 GDPR;
Right of rectification: the right to request that Abertis Foundation rectify certain personal data of the data subject in accordance with Article 16 GDPR;
Right to object: the right to object to those processing operations that are based on consent or on the existence of a legitimate interest (including, but not limited to, the sending of commercial communications) in accordance with Article 21 GDPR. In cases where the processing is based on the existence of a legitimate interest, the data subject shall have the right to request the balancing test carried out by Abertis Foundation. In addition, in cases where the purpose of the processing is to send marketing communications from Abertis Foundation or third parties, the data subject may choose, free of charge and on a voluntary basis, to opt-out (more information can be found here https://www.listarobinson.es/).
Right to erasure: the right to request Abertis Foundation to erase all or part of the data subject's personal data in accordance with Article 17 GDPR. Please note that while the commercial and/or contractual relationship that we have with you is still in force, there is a set of personal data that we need to process in order to fulfill the contract, so while it remains in force we cannot delete, block or cancel it, because otherwise it would prevent us from fulfilling the contract;
Right to restrict processing: the right to obtain from Abertis Foundation the restriction of the processing of your personal data if some of the conditions set out in Article 18 GDPR are met;
Right to portability of personal data: the right to receive your data in a structured, commonly used and machine-readable format and, where technically feasible, to have it transmitted without hindrance to another controller, in accordance with Article 20 GDPR;
Right to withdraw consent: given for the performance of the processing identified in the "Processing" section based on the data subject's consent, without such withdrawal having retroactive effect, in accordance with Article 7.3 of the GDPR;
The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or significantly affects him or her. Abertis Foundation informs the data subject that, although it carries out processing decisions based on automated systems, these decisions (i) either do not produce legal effects or significantly affect the data subject; (ii) or are not adopted solely by automated means.
Please note that, due to different local regulations, there may be some of the rights described above that are not recognized by the local regulations of the country and therefore may not apply to you. This is the case, for example, with the most recent additions to the GDPR, such as portability or the right not to be subject to a decision based solely on automated processing.
We will comply with your request as soon as possible and, in any event, within the statutory time limit. If we fail to comply with our data protection obligations or if you are not satisfied with how we have handled the exercise of your rights, you may contact us at the following e-mail address: lopd@abertis.com. You may also lodge a complaint at any time with the Supervisory authority (in the case of Spain, the Spanish Data Protection Agency).
You are responsible for all the data you provide to us, for the truthfulness, accuracy, validity, updating, and authenticity of said data, as well as for the consent that you give us so that your data may be used/processed. You are also responsible for the data of third parties that you provide to us and for which you undertake to obtain their consent and to make available the information that we usually provide to our users for any data processing as well as our policy.
We may modify this policy at any time, but we will always notify you of any material changes by sending you a notice. If we make minor changes to our policy, we will update it with a new effective date that will be included in the document. The changes are not retroactive and will be effective from the date of publication. We encourage you to regularly review the policy, which can be found on our website.
Last update: [20/11/2023].
Fundación Privada Abertis (hereinafter referred to as “Abertis Foundation”) is organizing a “Drone Challenge” (the “Drone Challenge”) to be held from November 30, 2023, until April 25, 2024 (the “Challenge Period”) (for further information on Abertis Foundation, please refer to its website).
This challenge highlights innovation as a catalyst for transforming road infrastructure. It aims to encourage the international ecosystem of startups and small and medium-sized enterprises (SMEs) and the Abertis Group to build partnerships in order to address the primary global business challenge.
This challenge is the result of our commitment to open innovation projects. Operating through our foundation, Abertis Infraestructuras, S.A. (“Abertis”) is a staunch advocate of innovation and our primary remit is to actively engage with the ecosystem to find potential solutions that can address the business challenges facing the Abertis Group.
Although it is Abertis Foundation that has kick-started the Drone Challenge, the competition is being organized in close collaboration with Abertis' innovation department, to encourage the generation of creative and disruptive solutions with the valuable contributions of external entities, such as startups and SMEs.
The Drone Challenge is as follows: “How could we go one step further in using drones and their embedded technology to keep on enhancing our high-capacity road operations and maintenance?”
Current situation:
Abertis is one of the world's leading high-capacity, high-quality motorway operators, with some 8,000 kilometers in 15 countries across Europe, America and Asia. Committed to research and innovation, Abertis is a pioneer in applying new technologies to high-capacity infrastructures. Being a promoter of innovative solutions enables us to meet the challenges of the constantly evolving mobility of the future.
Abertis views the generation of new ideas and solutions as strategically imperative to conceive new ways of operating increasingly clean, connected, intelligent, secure, and sustainable mobility infrastructures.
In this vein, Abertis has identified drone technology as a solution capable of enhancing its ability to manage mobility infrastructures. However, despite its more than 60 years of commitment and experience, the company faces significant limitations and challenges:
There is mounting pressure to make infrastructure inspection activities more efficient and improve the quality and quantity of data obtained.
The industry is evolving, with companies actively integrating drones into their operations. As a sector leader, Abertis must stay at the forefront of road operation management and maintenance of road infrastructures.
Decreasing concession business margins and the potential for stricter regulations concerning infrastructure conditions motivate Abertis to seek more efficient ways of managing and maintaining its assets.
Desired situation:
Abertis aims to become a benchmark in drone usage to enhance mobility management, road safety, and asset integrity in a highly competitive and regulated environment. The desired situation entails effective adopting of drone technology to achieve these objectives, thereby ensuring the company remains a prominent player in the management of high-capacity roads worldwide.
Abertis aspires to implement innovative solutions that maximize drones’ potential, with the goal of achieving the following outcomes:
Integrate new technologies into its capabilities for managing high-capacity roads, either by adapting or enhancing existing capabilities, or even by introducing new ones.
Explore new solutions to offer new road operation services such as traffic management, road operation support, rapid response to road emergencies, and action in adverse weather events.
Use drones to improve the efficiency of infrastructure inspection activities. This includes the ability to conduct more frequent and detailed inspections without significantly increasing costs.
Obtain more and higher-quality data to enhance predictive models. Accurate information will facilitate more effective maintenance planning, improving the safety of users and workers involved in road operation management and infrastructure maintenance.
Transition from a preventive infrastructure management model to proactive maintenance, allowing for early identification and resolution of issues.
Ensure continuous compliance with regulations in road operations and the management and maintenance of mobility infrastructures.
Maintain and strengthen its industry-leading position by differentiating itself through the effective implementation of drone-based solutions.
In a highly competitive and regulated environment, Abertis aims to establish itself as a leader in drone usage to ensure road safety and the integrity of its assets.
The Drone Challenge aims to find innovative solutions that leverage drone technology to enhance high-capacity road operations and infrastructure management, with a central emphasis on increasing road user safety and optimizing infrastructure maintenance. This challenge is driven by several key objectives, including improving operational efficiency, raising road safety standards, extending the lifespan of our infrastructure, promoting innovation, exploring avenues for business growth, and actively collaborating with startups and SMEs.
Use Case 01:
Drone technology solutions to improve the capabilities of operating high-capacity roads
In this scenario, the aim is to leverage drone technology to address four critical areas: traffic management, road operation support, rapid response to road emergencies, and adverse weather events.
Drone applied technology solutions that preferably address some of the following areas*:
*Any candidate with solutions from another unrelated field of application can participate by submitting their solution and describing the new field of action, if it is aligned with the use case and the challenge.
Traffic Management:
Detecting, providing real-time traffic status information, and managing road congestion and risk situations.
Road Operation Support:
High-capacity Road operations involve certain procedures that pose risks to workers in an open traffic environment. Some of these operations may include incident or work site signage, toll collection management, or additional lane management during special operations. Provide support for such operations to minimize the risk to workers.
Rapid Response to Road Emergencies:
Responding rapidly to road emergencies in line with the fundamental principle that prioritizes actions to be taken in response to road incidents: Protect-Notify-Assist (P.N.A.). Protecting the accident area is considered a priority and must be ensured as soon as possible. Once the accident area is protected, the emergency services must be notified and coordinated, and next immediate assistance should be provided to accident victims. This is particularly relevant in hard-to-reach areas, such as tunnels under certain circumstances.
Adverse Weather Events:
Conduct accurate assessments of the impact of adverse weather events (heavy rain, hail, heavy snowfall, landslides, etc.) on high-capacity roads. Sometimes these events can have serious consequences for users, such as being stranded in remote areas. Access to these users is crucial for providing the necessary assistance.
Use Case 01:
Drone technology solutions to improve the capabilities of operating high-capacity roads
In this scenario, the aim is to leverage drone technology to address four critical areas: traffic management, road operation support, rapid response to road emergencies, and adverse weather events.
Drone applied technology solutions that preferably address some of the following areas*:
*Any candidate with solutions from another unrelated field of application can participate by submitting their solution and describing the new field of action, if it is aligned with the use case and the challenge.
Traffic Management:
Detecting, providing real-time traffic status information, and managing road congestion and risk situations.
Road Operation Support:
High-capacity Road operations involve certain procedures that pose risks to workers in an open traffic environment. Some of these operations may include incident or work site signage, toll collection management, or additional lane management during special operations. Provide support for such operations to minimize the risk to workers.
Rapid Response to Road Emergencies:
Responding rapidly to road emergencies in line with the fundamental principle that prioritizes actions to be taken in response to road incidents: Protect-Notify-Assist (P.N.A.). Protecting the accident area is considered a priority and must be ensured as soon as possible. Once the accident area is protected, the emergency services must be notified and coordinated, and next immediate assistance should be provided to accident victims. This is particularly relevant in hard-to-reach areas, such as tunnels under certain circumstances.
Adverse Weather Events:
Conduct accurate assessments of the impact of adverse weather events (heavy rain, hail, heavy snowfall, landslides, etc.) on high-capacity roads. Sometimes these events can have serious consequences for users, such as being stranded in remote areas. Access to these users is crucial for providing the necessary assistance.
Use Case 02:
Technology solutions applied to drones for infrastructure maintenance
In this scenario, Abertis aims to leverage drone technology to address two critical areas:
Drone applied technology solutions that preferably address some of the following areas*:
*Any candidate with solutions from another unrelated field of application can participate by submitting their solution and describing the new field of action, if it is aligned with the use case and the challenge.
Comprehensive Management and Inspection System for Pavements and/or Structures:
Pavements:
Inspection module using automated pavement imaging to identify potential structural problems or material damage such as cracks or potholes at an early stage.
Estimation and determination of pathologies using acquired images, indicators and other external data.
Artificial Intelligence (AI)-based pathology evolution prediction models.
Create interactive and detailed digital maps of physical assets (3D-Digital Twins), facilitating the planning of maintenance work and the prioritization of repairs.
Structures:
Inspection module using automated imaging of structures on high-capacity roads (bridges, tunnels, viaducts, embankments, slopes, etc.) to identify possible structural problems or material damage in hard-to -reach areas at an early stage.
Estimation and determination of pathologies using acquired images, indicators and other external data.
Artificial Intelligence (AI)-based pathology evolution prediction models.
Create interactive and detailed digital maps of physical assets (3D-Digital Twins), facilitating the planning of maintenance work and the prioritization of repairs.
Rehabilitation of Pavements and/or Structures:
Execution of specific repairs using drone-mounted, remotely controlled or automated tools, on pavements and structures. (For example: repairing potholes and sealing cracks in pavements, sealing cracks and regenerating support devices in hard-to-reach areas in structures, etc.)
We are actively seeking duly incorporated and validly existing international startups and SMEs that are actively engaged in their business activities. In their applications, these companies must justify and explain why their solution could be the most suitable to address any of the use cases established by the 'Drone Challenge.'
The Technology Readiness Level (TRL) is subject to specific requirements that the solutions proposed by applicants must meet to qualify for the Drone Challenge. Specifically, the solutions submitted must reach or exceed a TRL level of 7. This requirement ensures that the solutions are at an advanced enough stage to be considered and, if applicable, effectively implemented.
TRL Levels:
TRL 7 - System Prototype Demonstration in an Operational Environment:
The solution must have a working prototype.
It must have undergone a demonstration in an operational environment replicating real-world conditions.
The functionality and performance of the solution must be demonstrated.
While full integration may not be required, it should represent a significant step toward mature operational technology.
The following criteria will be used to select the six (6) Drone Challenge finalists:
The solution provides a clear, direct, and effective response to the challenge presented.
It must address the challenge efficiently, optimizing resource utilization, improving results, reducing timelines, and achieving broad impact.
The proposed solution significantly outperforms other competitors aspiring to address the same challenge.
The solution has the capacity, whether current or potential, to implement not only the challenge pilot but also a scalable solution to encompass the entire market at a later stage.
The solution must have previously demonstrated successful cases related to the challenge and the problems presented.
Even if the solution has not addressed identical challenges in the past, it must have valid tools and capabilities to resolve them.
Consideration will be given to the time required to implement similar solutions in the past.
We will evaluate the team’s complementarity, its members’ capabilities, and the appropriate and sufficient size to successfully address the challenge.
We will consider the team leader's total dedication to the activity.
We will analyze knowledge about the challenge’s launch.
We will select the best team in terms of resilience, leadership, seniority, and team members’ experience in innovative projects.
The team must consist of at least 2 people, with a detailed description of the team’s members, roles and responsibilities, curriculum vitae, level of knowledge, and experience (if applicable) in the challenge's subject.
The proposed solution must be economically sustainable and viable.
We will consider whether the business model has been validated in the market.
We will evaluate the forecast of an acceptable, desirable, and assumable integration by the organization.
A win-win model between the startup or SME's activity and the organization will be sought.
The startup or SME must have financial solvency to effectively implement its solution.
The technology on which the proposed solution is based must reach a TRL level of 7 or higher.
The startup or SME will be required to complete all fields in full, providing as much information as possible. Any applications with incomplete or inadequately filled fields will be disqualified.
We will check whether the startup or SME possesses certifications supporting the safety of its technology, patents, and other quality certifications, among others.
We will assess the originality and uniqueness of the proposal or, if there are competitors, the strengths of this solution compared to other developed solutions.
We will assess the positive impact of the proposed solution on Abertis' Group sustainability values, including aspects of social, environmental, climate sustainability, and others.
We will also evaluate the level of detail, clarity, and completeness of the information provided, as well as the effectiveness, specificity, adequacy, and contextualization of the proposed solution. Incomplete or inadequately completed fields will result in the application being disqualified.
Any startups or SMEs interested in participating in the Drone Challenge must apply using the registration link at http://www.f6s.com/abertis-drone-challenge, which will take them to a specific section on the F6S platform. Participants will need to have a public profile on F6S platform and link it directly to the Drone Challenge initiative, and can do so by either creating a new profile or using an existing one.
All participants must also accept the terms and conditions, as well as the “F6S Network Limited” privacy policy at http://www.f6s.com/terms on the F6S platform. Abertis Foundation will publish its own privacy policy and all other detailed provisions at http://www.beyondroads.abertis.com/privacy-policy in order manage participation in the framework of the Drone Challenge.
*Note. Abertis Foundation may change and/or modify the dates and phases set out in these Challenge Terms and Conditions at any time and at its sole discretion. Any modifications will be duly published on the specific website located at http://www.beyondroads.abertis.com.
The Drone Challenge milestone is scheduled for the following dates:
6.1.1. Call launch date: 30 November 2023.
6.1.2. End of receipt of applications: 30 January 2024, at 23:59 (UTC+1), Spanish time zone*.
* Abertis Foundation will not consider any applications received after the deadline of 11:59 p.m. on 30 January 2024.
The six (6) Drone Challenge finalist start-ups and SMEs will be announced around these dates. Abertis Foundation reserves the right to declare one or more of these finalist positions vacant if it deems that the quality of the proposals received does not justify nominating all six (6) candidates, or to declare the Drone Challenge void and not select any finalists.
The selected start-ups and SMEs will be contacted via the email address provided during their registration on the F6S platform. This contact will provide each of the selected participants with the date, time, and details of the Connect & Build Sessions led and managed by Abertis.
The finalist start-ups and SMEs will be invited to participate in a program consisting of between four and six working sessions with the organizing team and external mentors. These sessions aim to level the knowledge, delve into pilot planning, and provide support, guidance, and practical insights to the start-ups and SMEs in collaboration with Abertis’ mentors.
The sessions will be scheduled from 18 March to 27 March 2024.
A private pitch session will be held on 9 April 2024, during which the finalist startups and SMEs will have the opportunity to present their solutions to the evaluation committee. Each participant will have a maximum of ten (10) minutes to make their presentation and an additional five (5) minutes to answer questions. Attendance at this session is mandatory, as failure to attend or an inability to make the pitch presentation will result in disqualification.
The winning participant will be announced starting from 25 April 2024, onwards. The winning participant will be notified by email and subsequently will be announced via the Abertis Foundation and Abertis communication channels, to ensure the news is announced widely and transparently.
Abertis Foundation will award cash prizes to the five (5) finalist solutions of the Connect & Build Sessions, and the winning participant will receive an additional cash reward. The specific amounts are as follows:
The six (6) finalist solutions will each receive a prize of four thousand euros (€4,000), sponsored by Abertis Foundation for participating in the Drone Challenge.
Abertis undertakes to fund the winning participant up to a maximum amount of forty thousand euros (€40,000) * to carry out a pilot project. In addition to the cash reward, the winning participant will enter into a commercial relationship with Abertis.
(*) Abertis reserves the right to determine at its sole discretion the amount of the pilot project funding, depending on the specific needs of such project.
The disbursement of this amount is conditional upon the winning participant effectively fulfilling its commitment to the challenge and the execution of the pilot. Failure to provide periodic reports on the pilot's progress, its results, data obtained during its execution, or failure to attend follow-up meetings may result in the termination of the relationship and, consequently, the withholding of committed funds. In addition, the Abertis Foundation reserves the right to demand the return of these funds in the event of bad faith or fraudulent behavior on the part of the winning participant, such as falsification of data, concealment of relevant information, or failure to fulfill obligations in pilot execution.
The winning participant undertakes to formalize its relationship with Abertis by means of a specific contract, the execution of which will be required in order to carry out the pilot. This contract will regulate the aspects mentioned in these terms, as well as other related aspects (without excluding others), such as the proper dedication to purpose of the pilot, potential scaling if investment is received, among others.
If the start of the pilot is delayed for any reason, the payment deadline for each milestone abovementioned will be postponed by the same amount of time as the delay in the pilot. The winning participant must maintain the strictest confidentiality throughout the development of the pilot and may not disclose or share any information in connection with it without the express written consent of Abertis Foundation or Abertis.
For a period of one (1) year from the end of the pilot, both Abertis and Abertis Foundation will have the right to advertise and disseminate the pilot among its customers and relevant stakeholders, and will have a pre-emptive right to purchase the rights to the pilot in the event the winning participant decides to sell or assign its rights to a third party.
Each participant represents and warrants (where applicable) that it:
a) will comply with all applicable laws in performing under these Challenge Terms and Conditions;
b) has full capacity, authority and legal right to agree to these Challenge Terms and Conditions;
c) has provided complete, truthful and accurate information and/or data during the registration process, profile creation and/or subsequent communication with Abertis Foundation and/or Abertis, where applicable;
d) will not attempt to undermine the legitimate operation of the Drone Challenge by providing false information;
e) will not threaten, harass or display any threatening and/or harassing behaviour towards other participants, Abertis Foundation and/or Abertis (including its employees, directors, officers, advisors, and representatives);
f) will, from time to time, provide further information as required by Abertis Foundation and/or Abertis within the specified timeframe;
g) shall comply with any health, safety, and security procedures communicated by Abertis Foundation, Abertis and/or their employees, directors, officers, agents, advisors, or representatives while inside any Abertis Foundation, Abertis or Abertis Group company’s premises or any Abertis Foundation-sponsored event venue;
h) shall not copy, modify, reproduce, license, sublicense, distribute, transmit, republish, exhibit, or display Abertis Foundation or Abertis’ information and/or any other materials/content provided by Abertis Foundation or Abertis in connection with this Drone Challenge (except to the extent copying, modifying, reproducing or displaying is necessary and directly related to its participation in the Drone Challenge);
i) shall not mention the Abertis or Abertis Foundation’s name, marks, trademarks, logos, symbols, designations, emblems, or designs of Abertis or Abertis Foundation, unless expressly authorized by Abertis and/or Abertis Foundation (as the case may be) in writing.
10.1 Nothing in these Challenge Terms and Conditions shall be construed as granting participants any right to use any intellectual property owned by or in the possession of Abertis Foundation, Abertis, or a company within the Abertis Group, except as provided in these Challenge Terms and Conditions.
10.2 Abertis Foundation, Abertis and the companies within the Abertis Group (as the case may be) shall retain any intellectual, industrial and other property rights to the software, software development tools, know-how, methodologies, processes, technologies, intangible assets, creations, trademarks, patents, etc., that it owns or licenses.
10.3 Each participant represents and warrants that:
its solution is an original work and does not infringe any industrial or intellectual property rights. This means that all industrial and intellectual property rights, as well as all the information provided by the participant (images, trademarks, graphic designs, databases, and any other content) are the exclusive property of the participant or, where applicable, duly licensed to the participant by the owner.
it owns or is a licensed user of all algorithms, code and/or data used in the solution.
11.1. Participants shall fully indemnify and hold Abertis Foundation and Abertis harmless from and against any and all claims, actions, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses arising directly or indirectly from or in connection with (a) any breach by the participant of these Challenge Terms and Conditions; (b) any failure of participant to perform its obligations under these Challenge Terms and Conditions in compliance with all applicable laws; (c) any violation of any rights of any third party; and (d) participant’s fraud, negligence or wilful misconduct.
11.2. To the extent permitted by law, in no event shall Abertis Foundation nor Abertis be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages, nor shall it be liable (whether under contract, tort or otherwise) for any losses arising from a participant startup’s participation to the Drone Challenge.
Abertis Foundation reserves the right to suspend or terminate the Drone Challenge at its sole discretion and at any time. The exercise by Abertis Foundation of its right to suspend or terminate the Drone Challenge shall not entitle the participant to any fees, damages, claims for expenses or lost profits, or any other recourse in law or in equity in respect of such suspension or termination.
Abertis Foundation and Abertis shall not be liable to participants or be deemed to be in breach of these Challenge Terms and Conditions by reason of any delay in performing or failure to perform any of its obligations, if such delay or failure was due to any event or circumstances beyond Abertis Foundation or Abertis’ reasonable contro
14.1 “Confidential Information" means any information provided to the participant by Abertis Foundation and Abertis, their employees, directors, officers, advisors, and representatives, or any company of the Abertis Group, whether orally or in writing (in electronic format or otherwise), regardless of whether or not it is marked as confidential. The term Confidential Information shall include all information, including, but not limited to, all trade and industrial secrets, data, digital content, know-how, computer programs and software, patents, designs, specifications, technical processes and formulas, applications, tools, DRM requirements, or any other technical, manufacturing, business, financial, operational, administrative, commercial or economic information, whether or not disclosed in oral, written, electronic, visual or other form and, all documents, notes, analyses, studies, reports or other information, based on or derived from the Confidential Information.
14.2 Participants will:
Not disclose the Confidential Information to any third party without the express written consent of Abertis Foundation or Abertis.
Not use the Confidential Information except in connection with the Drone Challenge and in accordance with these Challenge Terms and Conditions.
Use the same degree of care for the Confidential Information as it would use for its own confidential information of similar importance but no less than reasonable care, including without limitation, ensuring proper and secure storage of all written, tangible and/or intangible Confidential Information which is in its possession.
Comply with all applicable data protection laws in respect of the processing of any personal data contained in such Information, including without limitation implementing such minimum security measures as may be required by law to protect such data against unauthorized access, alteration, loss or destruction.
The processing of personal data by Abertis Foundation associated with the celebration and development of this Drone Challenge will be carried out in accordance with the provisions set out in the Drone Challenge Privacy Policy.
a) Participants acknowledge that:
their participation is voluntary;
no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between them and Abertis Foundation, Abertis and/or the companies within the Abertis Group, and that no such relationship is established by its application to the Drone Challenge; and
understand and agree that nothing in these Challenge Terms and Conditions may be construed as an offer or contract of employment with either Abertis Foundation, Abertis and/or any Abertis Group company.
Abertis Foundation reserves the right to amend these Challenge Terms and Conditions from time to time at its sole discretion, as well as the configuration and, in general, any other content related to the Drone Challenge.
A failure by Abertis Foundation to exercise or enforce any rights conferred upon it by these Challenge Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times. Any express statement of a right of Abertis Foundation herein is without prejudice to any other right of Abertis Foundation expressly stated herein or arising at law.
If at any time any provision of these Challenge Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Challenge Terms and Conditions shall not be affected or impaired hereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Challenge Terms and Conditions.
These Challenge Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, and each participant submit to the jurisdiction of the courts of Madrid.
