NFT Gift Terms

Purpose

Telefónica Open Innovation S.L.U., with registered office at Ronda de la Comunicacións/n, Edificio Oeste, 28050, Madrid, Spain, and with CIF B86230562 ("Telefónica") will provide you withthe possibility to obtain a non-fungible token ("NFT") as a gift for attending the event organized byTelefónica on 22^nd September 2022 (“Event”), subject to these terms ("Terms").

Relevant definitions

-         NFT refers to the acronym of non-fungible tokenand it is the result of tokenizing an immaterial asset through its digitalrepresentation on the Blockchain using a standard available for this purposewhich includes a series of metadata with encoded information of said asset,along with a copy of the digital version of the underlying asset that istokenized.

-         Blockchain refers to Distributed LedgerTechnology or TRD, being this a type of technology that supports thedecentralized registry of encrypted data. The DLT records, among others,information related to the transactions and ownership of the NFT.

Agreement

By filling the NFT application form, you fullyagree to these Terms and accept that Telefónica will create an image usingOpenAI technology (“OpenAI, L.L.C.” - https://openai.com/about/) to create a NFT via Crossmint (“PaellaInc” - https://www.crossmint.io/) that will be assigned to you.

You acknowledge that third-party terms (“Termsand Conditions”) may apply if you choose to receive the NFT. Telefónica is nota party to these Terms and Conditions and is not responsible for theirprovision or enforceability.

This action is carried out by Telefónica freeof charge for you, as a thank you gift for attending the Event. The NFT has nocommercial value and Telefónica does not assume any commitment of quality orconsideration in addition to what is established in these Terms. Youacknowledge that third parties may set additional charges depending on theservices they provide to the user.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLESTEXTENT PERMITTED BY LAW, TELEFÓNICA AND ITS AFFILIATES DISCLAIM ANY AND ALL LIABILITYFOR DAMAGES, WHETHER PHYSICAL OR OF ANY OTHER NATURE, DAMAGES OR LOSSES OF ANYKIND THAT MAY BE AS A RESULT OF THIS ACTION AND, IN PARTICULAR, ANY ACTIONSTAKEN BY THIRD PARTIES.

Steps to obtain the NFT

1.      Afterfilling the NFT application form and accept these Terms, Telefónica will createthe NFT in Crossmint and link it to the email address you have provided Telefónicain the form.

2.      Thenyou will receive an email from Crossmint containing the instructions to befollowed to create a Crossmit account with email address to which the NFT hasbeen assigned.

3.      Duringthe registration process, you will need to provide the same email address youhave informed us, read and accept Crossmit Terms and Conditions, which are notresponsibility of Telefónica.

4.      Onceyou have created your Crossmint account, you will be able to find your NFT, ownit and do whatever you want, including transferring it to the wallet of yourchoice. Please, read the Crossmint FAQs for more information on how thisservice works.

Privacy

In compliance with the provisions of the applicable data protectionregulations, Telefónica informs you that Telefónica will be responsible for theprocessing of the information and personal data you provide through this form.

Specifically, Telefónica will process the information that you haveshared through the form for the purpose of establishing and managing theprovision of the NFT in accordance with the provisions of these Terms and basedon the performance of such Terms.

The aforementioned information will not be transferred to third parties’data controllers, unless to Crossmint as necessary to the performance of theseTerms (we will transfer to Crossmint your email address). This transfer involvesan international transfer of data outside the European Economic Area to acountry without an adequate level of protection for your personal data (USA).This transfer will take place on an exceptional, one-off basis, and on thebasis that it is necessary for the performance of a contract between the datasubject and the controller, or the implementation of pre-contractual measurestaken at the data subject's request.

The aforementioned information will be kept confidential for the periodstrictly necessary to allow and manage the provision of the NFT and the term ofpotential claims, in accordance with the provisions of these Terms. Once thisperiod has passed, the information that has been collected by Telefónicathrough the form will be duly blocked during the limitation period of theactions that are derived and, once this has been exceeded, finally deleted.

On the other hand, you should be aware that transactions with cryptoassets are of a public nature on the public Blockchain network and, therefore,any third party with access to the public Blockchain network will be able toexplore the transactions made on the NFT and access the content of itsmetadata. Likewise, the information and metadata associated with the NFTtransaction will be kept perpetually in the public Blockchain network.

As applicable, you may exercise your rights of access, rectification,object to processing, erasure, restriction of processing and portability ofdata, by writing to Telefónica by email at the contact address [email protected] indicating the right to exercise and putting assubject "NFT ". Likewise, you can contact the Data Protection Officerof Telefónica by writing to [email protected].  Finally, Telefónica informs youof the possibility of filling a claim with the Spanish Agency for DataProtection (www.aepd.es) in the event thatyour data protection rights have been violated.

Law and jurisdiction

These Terms are subject to Spanish law.  Any divergence that may arise from theinterpretation or application thereof shall be submitted to the jurisdictionand competence of the courts and tribunals of Madrid capital, Spain, waivingany other jurisdiction