CONDITIONS OF USE AND PRIVACY POLICE FOR MOBILE APPLICATIONS
GENERAL CONDITIONS OF USE
The purpose of this document is to establish the General Conditions of Use for the mobile applications owned by INGARTEK CONSULTING, S.L. (henceforth INGARTEK) with business address in Bilbao (48001 Biscay), C/ PLAZA VENEZUELA 1, 1D and Company Tax Number B95552899 and Registered in the Trade Registry of Biscay, in Volume 5,17 Folio 43, sheet BI-53855.
INGARTEK reserves the right to modify these Conditions of Use for the purpose of adapting them to the current legislation applicable at all times.
These Conditions of Use do not exclude the possibility that certain Services of the applications, due to their particular characteristics, are subjected, in addition to the General Conditions of Use, to their own particular conditions of use (henceforth the Particular Conditions).
Access to and downloading of the application if free, except in relation to the cost of the connection through the telecommunications network supplied by the access provider contracted by the users.
The downloading and use of the application confers the status of User of it (henceforth, the “User”) and implies reading, understanding and accepting all the terms and conditions outlined in this document.
USE OF THE MOBILE APPLICATION AND ITS SERVICES
The User acknowledges and accepts that the use of the content and/or services offered by this mobile application will be under their sole risk and/or responsibility. The User undertakes to use this mobile application and all of its content and Services in accordance with the law, morals, public order and these Conditions of Use, and the Particular Conditions, that apply, where applicable. Likewise, they undertake to properly use the services and/or content of the mobile application and not to use it to carry out illegal activities or activities that constitute a crime, that infringe the rights of third-parties and/or that breach the regulation on intellectual and industrial property, or any other rules of the applicable legal system. In particular, the User undertakes to not transmit, enter, disseminate and provide to third parties, any type of material and information (data contained, messages, drawings, sound and image files, photographs, software, etc.) that is against the law, morals, public order and these Conditions of Use, and where applicable, the Particular Conditions that apply to them. By way of example, including without limitation, the User undertakes:
- To not enter or disseminate content or propaganda of a racist, xenophobic or pornographic nature, that encourages terrorism or that infringes human rights.
- To not introduce or disseminate on the network data programs (viruses and harmful software) that could cause damage to the computer systems of the access provider, its providers or third party users of the Internet network.
- To not disseminate, transmit or provide third-parties with any kind of information, elements or content that infringes fundamental rights and public freedoms that are recognised constitutionally and in international treaties.
- To not disseminate, transmit or provide third-parties with any kind of information, elements or content that constitutes illegal or unfair advertising.
- To not transmit unsolicited or unauthorised advertising, advertising material, “spam mail”, “chain letters”, “pyramid structures”, or any other form of request, except in the areas (such as commercial spaces) that have been exclusively intended for that purpose.
- To not enter or disseminate any information and content that is false, ambiguous or inaccurate in a way that misleads the recipients of the information.
- To not impersonate other users by using their registry keys for the different services and/or content of the Portals.
- To not disseminate, transmit or provide to third parties any type of information, element or content that is a breach of the intellectual and industrial property rights, patents, trademarks or copyright corresponding to the owners of Portals or third parties.
- To not disseminate, transmit or provide to third parties any type of information, element or content that constitutes a violation of the communications and personal data legislation
INTELLECTUAL AND INDUSTRIAL PROPERTY
INGARTEK reserves all the rights to trademarks, trade names or other distinguishing marks, patents, and intellectual property, in relation to the content and design of the application. All of its content, including but not limited to, texts, graphics, images, its design and the intellectual property rights corresponding to such content, as well as the trademarks, trade names or any other distinguishing sign owned by INGARTEK, and all rights to the above are reserved. The trademarks, trade names and distinguishing signs are owned by INGARTEK and the downloading, access to and use of the application does not confer any rights to the aforementioned trademarks, trade names and/or distinguishing signs.
EXCLUSION OF WARRANTIES. LIABILITY
INGARTEK does not guarantee available access to and continued functioning of this mobile application and its services at all times, therefore INGARTEK will not be held responsible, with the limits established in the current Legal System, for the damage caused to the User as a consequence of the unavailability, access failures and lack of continuity of this mobile application and its Services.
INGARTEK will solely and exclusively be held responsible for the Services that it provides by itself and the content created directly by the company and identified with its copyright. It shall be exempted from this liability in cases of force majeure or in cases where the configuration of the devices of the User is not appropriate for enabling the current use of the Internet services provided by INGARTEK.
INGARTEK will not be held responsible for the damage or any kind of accident that the use of the application while the user is travelling with a vehicle may cause. INGARTEK recommends not using any kind of device that could cause any distraction when travelling on roads.
The downloading, access and use of the application in mobile devices or similar devices, does not entail an obligation by INGARTEK to control the absence of viruses, worms or any other harmful computer elements. In any case, the User should avail of suitable tools for the detection and disinfection of harmful computer programs.
BEHAVIOUR OF USERS
INGARTEK does not guarantee that the Users of this mobile application will use the content and/or services of it in accordance with the laws, morals, public order, or the General Conditions and, where applicable, the Particular conditions that apply. Likewise, it does not guarantee the veracity and accuracy, completeness and/or authenticity of the data provided by Users.
INGARTEK will not be held responsible, indirectly or subsidiarily, for any type of damage resulting from the use of the Services and Content of the application by Users or that may result from the lack of veracity, accuracy and/or authenticity of the data or information provided by Users, or the identity theft of a third party carried out by a User in any type of action via this mobile application. Therefore, the use of this application does not entail the obligation by INGARTEK to check the veracity, accuracy, adequacy, suitability, exhaustiveness and up-to-datedness of the information supplied through it.
INGARTEK does not take responsibility for the decisions taken based on the information supplied through the application or the damage caused to the User or third parties as a result of actions whose sole basis is the information obtained in the application.
INGARTEK wishes to inform users and clients of the application/s about the policy carried out in relation to the processing of all the personal data that is provided to the company as a result of the use of the features of the application/s.
IDENTIFICATION OF THE PARTY RESPONSIBLE FOR THE FILE
INGARTEK CONSULTING, S.L. (henceforth INGARTEK) with business address in Bilbao (48001 Biscay), C/ PLAZA VENEZUELA No.1, 1DD and Company Tax Number B95552899 and Registered in the Trade Registry of Biscay, in Volume 5,17 Folio 43, sheet BI-53855, informs users and clients of the application of the existence of an automated file of personal data held by INGARTEK.
PURPOSE OF THE FILE
All of the data requested from users and clients through the application for mobile applications will be needed to provide the service covered by the service whereby the download and installation of the application/s on the corresponding devices has been carried out.
The use of the application will result in the processing of personal data that INGARTEK, where applicable, will carry out in accordance with the internal rules and procedures established for that purpose, which are known by the clients and users and authorised by them.
INGARTEK, pursuant to the provisions of article 12 of Organic Law 15/1999, of 13 December, on Personal Data Protection, can outsource to other companies or professionals, the material implementation of all or some of the provisions of services. However, under no circumstances will this communication constitute a transfer of data, and the clients and users of the application are guaranteed that the data provided will not be applied or used for a purpose other than what has been established.
GUARANTEE AND DATA PROTECTION
When processing personal data, INGARTEK undertakes to guarantee and protect public freedoms and the fundamental rights of the individuals of the files and, especially, their honour and their family and personal privacy, and in this regard it is obliged to carry out the corresponding processing of data in accordance with the current legislation at all times and to maintain the strictest secrecy in relation to the information provided by clients and users.
The personal data covered by processing will not be used for other purposes that are not outlined here or, where applicable, by another document or contract linking both parties with particular conditions.
INGARTEK, unless express consent is provided by users and clients, will not carry out transfers or communications of data that are provided for in art. 11.2. Personal Data Protection Law
QUALITY OF DATA
Users and clients must ensure compliance with all the technical and organisational measures needed to guarantee the security of personal data, preventing its alteration, loss, unauthorised processing or access. The data provided through the application must be exact and up-to-date, and it is the exclusive responsibility of clients and users to update this data.
EXERCISE OF THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OBJECTION
INGARTEK informs users that they can exercise the rights of access, rectification, cancellation and objection by sending an email to firstname.lastname@example.org
INGARTEK informs users and clients that, in compliance with the provisions of the Personal Data Protection Law and the Regulation on Security Measures, it has adopted the necessary technical and organisational measures in order to guarantee the security of the personal data and prevent the alteration, loss, unauthorised processing or access, taking into account the state of the art, the nature of the data stored and the risks that it is exposed to. Likewise, INGARTEK guarantees the user that it complies with the duty of professional secrecy in relation to the personal data of users and the duty of storing it.
INGARTEK reserves the right to make the modifications that it deems appropriate, it can modify, delete and include new content and/or services, and change the way that the content is presented and laid out.
Generally speaking, in order to use the services of this mobile application, minors must have previously obtained the consent of their parents, guardians or legal representatives, who will be responsible for all the acts carried out via this mobile application by the minors in their care. For services where it is expressly outlined, access will be restricted solely and exclusively to people over the age of 18.
DURATION AND TERMINATION
The provision of the services and/or content of this mobile application has an indefinite duration. Without prejudice to the foregoing, INGARTEK is authorised to unilaterally terminate, suspend or interrupt, at any time and without prior notice, the provision of the service of this mobile application and/or any of the services, without prejudice to what may have been outlined on this matter in the corresponding particular conditions.
LAW AND JURISDICTION