1. GENERAL CONDITIONS OF USE
The purpose of this document is to establish the General Conditions of Use of the mobile applications owned by NEWEYES TECH (hereinafter NEWEYES) with registered office in BARCELONA (BARCELONA), TUSET, 23-25 ENTLO and C.I.F. number B67266148.
NEWEYES reserves the right to modify these Conditions of Use in order to adapt 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 subject, in addition to the General Conditions of Use, to their own particular conditions of use (hereinafter the Particular Conditions).
The access and download of the application is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our clients and their access is restricted.
The download and use of the application attributes the condition of user of the same (hereinafter, the ‘User’) and implies the reading, understanding and acceptance of all the terms and conditions contained herein.
USE OF THE MOBILE APPLICATION AND ITS SERVICES
The User acknowledges and accepts that the use of the contents and/or services offered by this mobile application will be at their sole risk and/or responsibility. The User agrees to use this mobile application and all its content and Services in accordance with the law, morality, public order and these Conditions of Use, and the Particular Conditions that, where appropriate, are applicable. Likewise, it undertakes to make appropriate use of the services and/or contents of the mobile application and not to use them to carry out illicit or criminal activities that violate the rights of third parties and/or that violate the regulation on intellectual and industrial property. , or any other rules of the applicable legal system. In particular, the User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (content data, messages, drawings, sound and image files, photographs, software, etc.) that are Contrary to the law, morality, public order and these Conditions of Use and, where appropriate, to the Particular Conditions that apply to it. By way of example, and in no case limiting or excluding, the User undertakes to:
– Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, advocating terrorism or that violate human rights.
– Do not introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers or third-party users of the Internet network.
– Do not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
– Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
– Do not transmit unsolicited or authorized advertising, publicity material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
– Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
– Do not impersonate other users using their registration keys to the different services and/or contents of the Portals.
– Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Portals or to third parties.
– Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and the legislation of personal data.
INTELLECTUAL AND INDUSTRIAL PROPERTY
NEWEYES reserves all rights to trademarks, trade names or other distinctive signs, patents, and intellectual property, with respect to the content and design of the application. All its contents, including without limitation, texts, graphics, images, its design and the intellectual property rights that may correspond to said contents, as well as trademarks, trade names or any other distinctive sign are the property of EYES INNOVA , all rights to them being reserved. The trademarks, trade names or distinctive signs are the property of EYES INNOVA, without being able to
It is understood that the download, access and use of the application attributes any right to the aforementioned trademarks, trade names and/or distinctive signs.
EXCLUSION OF WARRANTIES. RESPONSIBILITY
NEWEYES does not guarantee at all times the availability of access and continuity of the
operation of this mobile application and its services, for which NEWEYES will not be responsible, within the limits established in the current Legal System, for damages caused to the User as a result of unavailability, access failures and lack of continuity of this mobile application and its Services.
NEWEYES will be solely and exclusively responsible for the Services it provides itself and for the content directly originating from the company and identified with its copyright. Said responsibility will be excluded in the cases in which there are causes of force majeure or in the cases in which the configuration of the User’s devices is not adequate to allow the correct use of the Internet services provided by NEWEYES.
The download, access and use of the application on mobile or similar devices does not imply an obligation on the part of NEWEYES to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs.
CONDUCT OF USERS
NEWEYES does not guarantee that the Users of this mobile application use the
contents and/or services of the same in accordance with the law, morality, public order, or these General Conditions and, where appropriate, the Particular conditions that result from application. Likewise, it does not guarantee the veracity and accuracy, exhaustiveness and/or authenticity of the data provided by the Users.
NEWEYES will not be responsible, indirectly or subsidiarily, for damages of any nature arising from the use of the Services and Contents of the application by Users or that may arise from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by the Users, or the impersonation of the identity of a third party carried out by a User in any kind of action through this mobile application. Therefore, the use of this application does not imply an obligation on the part of NEWEYES to verify the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it.
NEWEYES is not responsible for the decisions made from the information
provided through the application or for damages caused to the User or third parties due to actions based solely on the information obtained in the application.
NEWEYES wishes to inform the users and clients of the application(s), of the policy carried out regarding the processing of all personal data that is provided to the user through the use of the functions of the application(s). the company.
IDENTIFICATION OF THE FILE RESPONSIBLE
NEWEYES informs users and clients of the application of the existence of an automated personal data file for which NEWEYES is responsible.
PURPOSE OF THE FILE
All the data requested from users and customers through the application for mobile devices will be necessary to provide the service object of the service by virtue of which the application(s) have been downloaded and installed in the corresponding devices.
The use of the application will give rise to the processing of personal data that NEWEYES, where appropriate, will carry out in accordance with the internal rules and procedures established for this purpose, which are known by customers and users and authorized by them.
NEWEYES, under the provisions of article 12 of Organic Law 15/1999, of December 13, on the Protection of Personal Data, may subcontract with other companies or professionals the material execution of all or any of the services of services without in any case such communication constituting a transfer of data, guaranteeing customers and users of the application that the data provided will not be applied or used for a purpose other than that established.
WARRANTY AND DATA PROTECTION
In the treatment of personal data, NEWEYES is committed to guaranteeing and protecting the public liberties and fundamental rights of the natural persons in the files and, especially, their honor and their family and personal privacy, forcing themselves in this sense, to Carry out the corresponding data processing in accordance with the regulations in force at all times and keep the most absolute secrecy in relation to the information provided by customers and users.
The personal data subject to treatment will not be used for other purposes that are not collected here or, where appropriate, by another document or contract that binds both parties with particular conditions.
NEWEYES, except with the express consent of users and customers, will not transfer or communicate data that are not provided for in art. 11.2. LOPD.
Users and clients must ensure compliance with all necessary technical and organizational measures in order to guarantee the security of personal data, avoiding its alteration, loss, treatment or unauthorized access. The data communicated through the application will have to be exact and up-to-date, being the exclusive responsibility of the clients and users to update this data.
EXERCISE OF THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND
NEWEYES informs that users may exercise their rights of access, rectification, cancellation and opposition by sending an email to firstname.lastname@example.org
NEWEYES informs users and customers that, in accordance with the provisions of the LOPD and the Security Measures Regulation, it has adopted the necessary technical and organizational measures to guarantee the security of personal data and avoid alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed. Likewise, NEWEYES guarantees the user compliance with the duty of professional secrecy regarding the personal data of users and the duty to keep them.
NEWEYES reserves the right to make the modifications it deems appropriate,
being able to modify, delete and include new contents and/or services, as well as the way in which they appear presented and located.
In general, to make use of the Services of this mobile application, minors must have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts carried out through this mobile application by minors in their care. In those Services in which it is expressly indicated, access will be restricted solely and exclusively to people over 18 years of age.
DURATION AND TERMINATION
The provision of the services and/or contents of this mobile application has an indefinite duration. Notwithstanding the foregoing, NEWEYES is empowered to unilaterally terminate, suspend or interrupt, at any time and without prior notice, the provision of the service and this mobile application and/or any of the services, without prejudice to what would have been arranged in this regard in the corresponding particular conditions.
LAW AND JURISDICTION