App Terms and Conditions – CEPSA
As a USER of the Program distributed by DoGood, you have accessed a training and awareness program applicable to your organization (THE CUSTOMER).
The Program is managed as a “Software as a Service” (SaaS) or in the cloud by Do Good People, S.L. and the SaaS service provider named AMAZON AWS, designated for this purpose (hereinafter AWS). This document regulates the conditions of use of the Platform and its express acceptance is necessary for access to the service by the USER.
FIRST.- GRANTING OF A LICENSE FOR THE USE OF THE PLATFORM
As the exclusive owner of all intellectual property rights of the Software, which includes the Software itself, the technical documentation of the Software and the user manuals, excluding, therefore, the related legal technical documentation, DoGood grants to the USER, through the CLIENT, a personal, revocable, non-transferable, non-exclusive and non-sublicensable license to use the Software, with the powers established under the contract signed between DoGood and the CLIENT.
The duration of this license shall be the one established in the contract between DoGood and THE CUSTOMER.
The Software is hosted on servers owned by AWS, DoGood’s service provider, located in its Data Center in Germany. DoGood and AWS will allow the USER to access the Program through the instructions that the USER will receive by e-mail, with the URL determined for this purpose, by means of a user name and a password that will be communicated in writing by DoGood to the USER.
The use of the Program must be made under the conditions and for the purposes established in the contract between DoGood and the CLIENT.
The USER may not alter or transform the program, its technical documentation or user manuals, nor apply reverse engineering techniques, decompile or disassemble the Program, or perform any other operation that tends to discover the source code.
The license of use is non-transferable and THE USER may not transfer, in any form, any right of exploitation of THE PROGRAM, nor may he/she lease it or allow its exploitation by any third party.
The Program is protected by the provisions of the applicable legislation on intellectual property. Accordingly, the USER must use the Software in accordance with the provisions of applicable law and these Terms. In case of violation of the aforementioned legislation, or any other violation that prevents or limits its legitimate rights, both DoGood and AWS may exercise any actions deemed appropriate in defense of its interests, as well as request the corresponding compensation for damages.
The USER may use the Program and the functionalities available through the Internet connection but may not make any copy of the same, not even a backup copy, without prejudice to the maintenance of the ownership of the information entered and processed by and the backup copies that may be made of the same.
SECOND.- ACCESS TO THE PLATFORM AND LIMITATION OF LIABILITY.
The access to the Program will be made by using an access key composed of a user code (login) and a password. An entity and user profiles will be created for the USER after successful completion of the registration process. The identification codes and passwords provided to the USER are personal and non-transferable, being the obligation of the USER to communicate to DoGood any changes or modifications that may occur in their data.
It is the responsibility of the USER to provide due diligence to prevent access or use by third parties who access or use the codes or identification keys on their behalf. Likewise, the USER is solely responsible for the choice, loss, theft or unauthorized use of any identification code or password and the consequences that may arise from it. THE USER agrees to:
- a) Diligently use the access codes.
- b) To maintain the secrecy and confidentiality of the same, not to transfer its use to third parties, whether temporary or permanent, nor to allow access to outsiders.
- c) Immediately notify DoGood of the loss, theft, misplacement, unauthorized access or breach of security of the passwords as soon as possible. As long as such facts are not communicated, DoGood will be exempted from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
- d) To answer for the activities carried out through the use of the password. In accordance with the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (hereinafter LSSI) and to the extent applicable to the contract between DoGood and THE CLIENT.
- e) The USER acknowledges and agrees that DoGood does not control the USER’s use of the Software and has no actual knowledge as to whether the activity or the data or information submitted by the USER for processing by the Software and storage on AWS’ servers located in its Data Center in France is unlawful or injurious to property or rights of a third party. For this purpose THE USER declares and warrants that the data and information are his property or that he has an authorization or license allowing him to process the data and information and to transmit them over the Internet.
Therefore, the responsibility for this information and the activities carried out are exclusively that of the USER, who exempts DoGood from any liability arising from this information or the activity related to its processing by the Program and the temporary and transitory storage on the servers of DoGood’s provider.
In accordance with the provisions of the LSSI, in relation to the liability of providers of data hosting or storage services, the providers of an intermediation service consisting of hosting data provided by the recipient of this service shall not be liable for the information stored at the request of the recipient, provided that:
- a) Do not have actual knowledge that the activity or information stored is unlawful or that it harms property or rights of a third party liable for compensation, or
- b) If they have it, they act diligently to remove the data or make access to them impossible. It shall be understood that the service provider has the effective knowledge referred to in paragraph a) when a competent body has declared the unlawfulness of the data, ordered their removal or that access to them is made impossible, or when the existence of the damage has been declared, and the provider is aware of the corresponding resolution, without prejudice to the procedures for detection and removal of content that the providers apply under voluntary agreements and other means of effective knowledge that may be established.
According to the provisions of Article 11 of the LSSI, DoGood has the obligation to cooperate with the competent authority, so DoGood will interrupt the provision of the service and the use of the Program when a competent body, by reason of the matter, orders it in the exercise of the functions legally attributed to it, in addition to providing the data that are required by the forces and law enforcement agencies by court order.
DoGood shall not be liable for any damages, expenses or losses, whether special, direct or indirect (including, but not limited to, loss of profits, interruption of business activities or loss of information) arising from the use or inability to use the Program for reasons attributable to DoGood, either for the maintenance of the level of service stipulated in the contract or for any other reason for which it is responsible.
In the event that the use of the Program (or portions of the program) within the scope of the license would be a cause of suit or legal action for alleged infringement of the rights of third parties and such use would result in such infringement, DoGood, at its own initiative and expense, may make such modifications or changes as are necessary to enable USER to continue to use the Software (or portions thereof), replace the Software with software of equivalent functionality and effectiveness that does not infringe the rights of such third parties, or pay a reasonable portion of the royalties paid in order to compensate USER for the termination of USER’s use of the Software (or portions of the program).
Furthermore, DoGood cannot guarantee the usefulness of the information and/or services of the Program.
DoGood does not warrant and shall not be liable for: (i) the absence of viruses and/or other harmful components in the Program or the server that provides it; (ii) the invulnerability of the Program and/or the impregnability of the security measures adopted; (iii) the lack of usefulness or performance of the Program; (iv) failures of the Program caused by any type of attack on the servers of DoGood and AWS’s third party service providers, as well as technical or system security failures of any such providers that prevent the operation of the Program; (v) any technical failure of any kind that hinders, delays or prevents the proper functioning of the Program; and (vi) any damage or harm caused to yourself or any third party by any person who violates the conditions, rules and instructions set forth in the Program or through the breach of the Program’s security systems.
However, DoGood declares that it has taken all necessary measures, within its means, to require the provider to ensure the operation of the Program and to prevent the existence and transmission of viruses and other harmful components to the computer systems of users.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual or industrial property rights, of the applicable regulations on the protection of personal data and/or any other right, he/she must immediately notify DoGood so that it can proceed to the adoption of the appropriate measures.
The use of the Program by the USER does not guarantee the USER’s compliance with all its obligations in terms of compliance that are attributed to it by the applicable regulations, and DoGood shall in no case be liable for the USER’s failure to comply with any of these obligations.
In any case, DoGood reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of the Program, with or without prior notice, to USERS who contravene any of the provisions detailed in these Conditions, without the possibility for the user to claim any compensation for this cause.
THIRD.- OWNERSHIP OF THE INFORMATION ENTERED IN THE PLATFORM.
DoGood acknowledges that the information USER enters into the Program is the exclusive property of the USER and, if applicable, the CLIENT.
DoGood may access the data and information owned by the USER and/or the CLIENT entered in the Program and stored in the Data Center only for the purpose of providing maintenance and support services.
DoGood undertakes to keep the utmost confidentiality and secrecy about the data entered by the USER in the Program. All information and data in the public domain or in DoGood’s possession prior to the start of its services and obtained by lawful means will not be considered confidential.
DoGood undertakes not to disclose, transfer, assign or otherwise communicate the files or the data contained therein, whether verbally, in writing, by electronic means, on paper or by computer access, even for storage purposes, to any third party. For this purpose, DoGood may only allow access to the data to those employees who have a need to know them for the provision of contracted services.
The confidentiality obligation shall be of an indefinite nature, remaining in force after the termination, for any reason, of the relationship between the parties.
Under these Terms and Conditions, and subject in any case to the USER’s compliance with the material obligations contemplated herein, and by virtue of the license to use the Program granted to the USER as set forth in clauses One and Six, the USER may use, access and view the Program, exclusively for its own use, within the framework of its usual business activities.
DoGood reserves in any case the right to review the use of the Program by the USER to verify its compliance with this license.
Access to or use of the Software for illegal or unauthorized purposes, with or without economic purpose, and more specifically and without the following list being absolute, is not permitted and its consequences shall be the sole responsibility of the USER:
- Use the Program in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party;
- Use the Program for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
- Use the Program to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, or obscene or threatening nature or that is likely to cause annoyance to any person;
- Use the Program in a manner that constitutes an infringement of the rights of DoGood or any third party;
- Use the Program in an unlawful manner, contrary to good faith, morals and public order;
- Use the Program to transmit material for advertising or promotional purposes, including spam, chain letters or equivalent;
- Use the Program to collect personal data of other users;
- Accessing the Program under a false identity, impersonating a third party or using a profile or performing any other action that may mislead other users as to the identity of the origin of a message;
- Unauthorized access to any section of the Program, other systems or networks connected to the Program, any DoGood server or services offered through the Program, by hacking or forgery, password mining or any other illegitimate means;
- Breach, or attempt to breach, the security or authentication measures of the Program or any network connected thereto, or the security or protection measures inherent in the content offered in the Program;
- Take any action that causes disproportionate or unnecessary saturation of the Program’s infrastructure or DoGood’s systems or networks, as well as systems and networks connected to the Program; or
- Prevent the normal development of an event, contest, promotion or any other activity available through the Program or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes in any way these Terms and Conditions.
If the USER fails to comply with any of the above obligations, DoGood may take the necessary measures, up to and including the deletion or blocking of the USER’s account.
FIFTH.-PROTECTION OF PERSONAL DATA.
In the event that the data or information that THE USER enters in THE PROGRAMME is considered personal data in accordance with the provisions of data protection regulations and specifically in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter “GDPR”), it will be processed by DoGood People, S. L. as PROCESSOR OF THE PROCESSING, with registered office at Calle Diego de León, 57, 28006 Madrid, with the purpose of allowing the correct development of the present Conditions. The personal data that we will process are the identification data (e.g. name and surname, e-mail, postal address, telephone, IP address, etc.) and, where appropriate, the employment details (e.g. job position), which have been provided by the USER. The legal basis for the processing of your data is the maintenance of the contractual relationship between the CLIENT and DoGood and the maintenance of the contractual relationship arising from the acceptance of these Conditions.
The personal data will be kept for the duration of the contract with the CUSTOMER and, subsequently, duly blocked, for the period of limitation of the actions arising therefrom.
The USER has, under the terms established by the applicable legislation, the right to exercise the rights of access, rectification, cancellation, limitation, opposition or suppression, as well as the right to the portability of their personal data. You may exercise your rights by writing to the registered office of DoGood or by email to the email address firstname.lastname@example.org, including a photocopy of your ID card or other equivalent identification document. Finally, for further information, you can contact us by writing to email@example.com. We also inform you that you have the right to file a complaint with the Spanish Data Protection Agency.
SIXTH.-INTELLECTUAL AND INDUSTRIAL PROPERTY.
The USER acknowledges and accepts that DoGood is the exclusive owner and/or holder of the corresponding licenses on the Software and any other elements of its respective ownership to which the USER may have access within the framework of the contract. Said ownership includes all intellectual, industrial or any other property rights related to the Program, including, among others, the rights of reproduction, distribution, public communication, availability and transformation of the Program and any of its elements, including the source code, object code, technical documentation, user manual, etc., as well as any other element related to or derived from them.
By accepting these Conditions, it shall not be understood that any intellectual, industrial or any other type of property right related to the Program or any other element owned by DoGood has been assigned in favor of the USER, beyond the right to use the same under the terms set in this document.
In accordance with the foregoing, the USER agrees not to:
- Duplicate, reproduce, sell, rent, lease, license, distribute, or otherwise use the Program and/or any of its elements for any use other than that expressly authorized in these Terms.
- Decompile, modify, reformat, translate, reverse engineer, disassemble, or otherwise access the source code of the Program, notwithstanding that the applicable law expressly permits such activities regardless of the existence of an agreement to the contrary between the Parties.
- Divide or fragment the Program into different parts or modules for independent use.
- Alter or eliminate any notices related to intellectual, industrial or any other kind of property rights included in the Program.
- Infringe the intellectual, industrial or any other kind of property rights that DoGood holds on the Program and any other elements of its respective ownership.
- Develop computer programs, applications, or computer products of any other nature that fulfill a similar function to that of the Program.
- Register trademarks, commercial names, or any other distinctive sign associated or that could be associated to the Program.
- Develop inventions of any kind that integrate computer programs, applications, or computer products of any other kind, that fulfill a similar function to that of the Program.
In order to allow DoGood to effectively control and defend its intellectual property rights on the use of the Software by the USER, the USER expressly authorizes DoGood to collect information on the modules of the Software used by the USER, on the device on which the Platform is used, the connection times, the data of the connected devices, as well as any other data that may be relevant in order to verify the effective use of the Software.
In this sense, the USER expressly authorizes DoGood to use the information collected during the use of the Program as effective evidence of the use of the Program in any type of cause and proceeding, of any nature, whether against the USER or against any third party.
In case of modification, total or partial, of the terms and conditions of the service contracted by the USER, DoGood will communicate it to the USER with sufficient notice, so that the USER, where appropriate, confirms its acceptance and permanence. In addition, DoGood will publish any change in the same form in which these Conditions appear or through any type of communication addressed to the USER.
Regardless of the provisions of the contract signed between DoGood and the USER, DoGood may suspend or interrupt, at any time without prior notice, access to the contents of the Program, as well as revoke the license to use the same when any breach is detected, by the USER, of the terms and conditions stipulated in this document, without this entitling the USER to demand any compensation whatsoever. After such termination, the prohibitions of use of the contents set forth in these Terms and Conditions shall remain in force.
The headings of the various clauses are for information only, and shall not affect, qualify or extend the interpretation of these Conditions.
In the event that any provision or provisions of these Terms shall be held invalid or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such invalidity or unenforceability shall not affect the other provisions of these Terms.
The failure of DoGood to exercise or enforce any right or provision contained in these Terms shall not constitute a waiver of the same, unless acknowledged and agreed to in writing by DoGood.
EIGHTH – JURISDICTION
In case of controversy, the Parties will try to reach an agreement, previously exhausting the pacific way of resolution of the raised controversies. However, the parties, expressly waiving any other forum that may correspond to them, submit, to resolve any questions or disputes that may arise in connection with the interpretation, execution or enforcement of these Conditions, to Spanish law and the jurisdiction of the Courts and Tribunals of Madrid (Spain).