SCHEDULE II: LEGAL NOTICE
1.- LEGAL INFORMATION AND ACCEPTANCE
These general terms and conditions of use, together with the Privacy and Data Protection Policy, do govern the access to the website www.teameq.net (hereinafter, the Web Site) and the use of the platform TeamEQ by the User, as well as contracting services through it.
According to Article 10 of Spanish Organic Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we provide you with the following information:
This portal, http://www.teameq.net, is the Web Site in Internet of the company THE EQ PROJECT INTERNATIONAL, S.L. (hereinafter, TEAM EQ).
THE EQ PROJECT INTERNATIONAL, S.L is a Spanish company, with corporate domicile in c/ Valencia 359 2-1 08009 Barcelona, Spain, holder of Spanish Tax Identification Number (CIF) B66415977 and registered with the Commercial Register of Barcelona, in Volume 44577 , Sheet 188 , Page 460366 Inscription 1, email [email protected]
Users of this portal may contact with TEAM EQ by means of written communication addressed to its corporate domicile or email address, as stated above.
TeamEQ is a multiplatform software related to analysis and management of equipments that allow the User, upon its web registration, to introduce and store its data in a cloud environment * completely safe, allowing the access to them at any moment and from any place.
EQ Project International, S.L. is the sole owner and holder of exploitation rights of the TeamEQ software as well as of the websitewww.TeamEQ.net. The Web Site allows Users to get registered for free and to subscribe a license of use related to the TeamEQ software.
The access to the website is free unless the cost related to connection through the telecommunication network provided by the access supplier hired by the users. The access to platform TeamEQ and services offered are exclusive for our customers and its access is limited. Services rendered by the company through TeamEQ platform are priced according to what is stated in the proposal of services and shall be rendered through the Portal service.
The use of the Portal assigns the condition of user of the Portal (hereinafter, the ‘User’) and involves the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a duration limited to the moment in which the User is connected to the Portal or to any of the services provided through it. Consequently, the User must read carefully this Legal Notice every time he is using the Portal, given that it and the conditions of use set forth in this Legal Notice can be modified at any time.
Some Portal services that are available for Internet users or exclusive for company customers may be submitted to particular conditions, regulations and instructions that, if appropriate, may replace, complete and/or modify. This Legal Notice and that shall be accepted by the User before starting the corresponding provision of services.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All contents of the Portal, including but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as its graphic design and source code (hereinafter, the “Content”) are the intellectual property of TEAM EQ or third parties. No exploitation rights on them recognized by current legislation on intellectual property shall be deemed transferred to any User, except those which are strictly necessary for the use of the Portal.
All trademarks, trade names or distinguishing marks are owned by TEAM EQ or third parties and in no case it shall be construed that access to the Portal confers any rights on said trademarks, trade names and / or distinguishing marks.
3. CONDITIONS OF USE OF THE PORTAL and TEAM EQ PLATAFORM.
User undertakes to make a proper use of the Portal in accordance with the Law and this Legal Notice. User shall be liable before TEAM EQ or third parties for any damages that may be caused as a result of an infringement of this obligation.
The use of the Portal for injurious purposes to property or interests of TEAM EQ or third parties, or that in any other way may overload, damage or disable networks, servers and other computer equipment (hardware) or products and computer applications (software) of TEAM EQ or third parties, is expressly prohibited.
The data entered by the user must be truthful and accurate. If a password is assigned to the registered User, it shall be the only responsible at all times for its custody and the maintenance of its secrecy, thus being the User the only responsible for any damages that might arise from its misuse, as well as its transfer, disclosure or loss. To this end, access to restricted areas and/or use of services and/or contents performed under the password of a registered User shall be deemed executed by such registered User, who shall respond in every case for such access and use.
It is expressly prohibited to use another user’s password and have access to the account of another user. The attempt to entering into other Users’ accounts from within the platform shall be considered illegal and TEAM EQ shall inform about these facts to the competent judicial and police authorities.
3.2. LICENSE CONTRACTING
The process of obtaining the non-exclusive license of use on the Team EQ software by the User is as follows:
Upon completion of the license of use contracting between TEAM EQ and the User, the User shall receive a confirmation email in order to validate its e-mail address. Upon validation, the User shall be able to use the Software. User is the only responsible for the confidentiality of its password.
This agreement shall expire in the following cases: Mutual agreements between the User and TEAM EQ, which shall be manager by means of electronic mail to the address [email protected] or to the User’s email. User’s unilateral withdrawal, which shall notify TEAM EQ via email to the address [email protected] at least 15 days in advance. Completion of the term of duration. Default by any of the parties of its own obligations. In this case, the party in compliance shall notify the alleged default to the defaulting party in writing. The defaulting party shall have a period of 15 days to amend the reported default. Otherwise, the complaining party shall be entitled to declare this agreement void. Non-payment of the Services by the User. In this case, the Company shall send an email notifying said default in payment within the 15 days following the effective default. If during this period the situation is not amended, TEAM EQ shall send a second notice within the 15 days following the prior notice. TEAM EQ shall submit a third and final warning email within the 15 days following the second notice and shall be entitled to exercise all legal actions it deems appropriate.
User agrees to use the Content in accordance with the Law and this Legal Notice, as well as pursuant to the other conditions, regulations and instructions that, if appropriate, might be applied in accordance with the provisions of clause 1. Including but not limited to, User in accordance with current legislation shall refrain from:
a) Reproducing, copying, distributing, making available, publicising, transforming or modifying the Content, except as permitted by law or expressly allowed by TEAM EQ or by who may hold the ownership of the rights of exploitation, if appropriate. b) Reproducing or copying for private use the Content that may be deemed as Software or Database according to current legislation on intellectual property matters, as well as public communication or availability to third parties when such acts necessarily may involve the reproduction by the User or by a third party. c) Extracting and / or reusing all or a substantial part of the Content of the Portal as well as the databases that TEAM EQ may make available to Users.
3.3 DATA COLLECTION FORM
Notwithstanding the provisions of clause 5 of this Legal Notice, as well as the privacy policies being available from the Portal and that may be applicable at every time, the use of certain services or requests addressed to TEAM EQ are subject to prior completion of the corresponding User registration.
All the information provided by the User through Portal forms to the above effects or any other shall be true. For this purpose, the User guarantees the authenticity of all data provided and shall keep the information provided to TEAM EQ perfectly updated so that it shall respond to the actual situation of the User at every time. In any event, the User shall be the only responsible for any false or inaccurate statements made and for the damage caused to TEAM EQ or to third parties for the information it has provided.
3.4 INTRODUCING LINKS INTO THE PORTAL
The Internet user who wants to introduce links from its own websites to the Portal shall comply with the requirements listed below and in any events the ignorance of said requirements shall not avoid any liabilities under the Law:
a) The link shall only connect to the home page or the Portal home page but shall not reproduce it in any way (inline links, copying texts, graphics, etc). b) In all cases it shall be prohibited, in accordance with applicable law and law in force at any time, to establish frames of any kind that may involve the Portal or may allow the display of the Content via Internet addresses other than the one of the Portal and, in any case, when they are viewed together with content external to the Portal so that: (I) it produces, or may produce, error, confusion or misleading in users about the true origin of the service or Contents; (II) it involves an act of comparison or unfair imitation; (III) it serves to exploit the brand reputation and prestige of TEAM EQ; or (IV) otherwise it may be prohibited by current legislation. c) From the page that introduces the link it shall not be made any false, inaccurate or incorrect statement on TEAM EQ, its partners, employees, customers or about the quality of the services provided. d) In no event it shall be expressed in the page where the link is located, that EQ TEAM has agreed the inclusion of the link or that otherwise it sponsors, collaborates, verifies or supervises the services of the sender. e) The use of any word, graphic or mixed mark or any other distinguishing mark of TEAM EQ within the page of the sender is strictly forbidden, except for the cases permitted by law or expressly authorized by TEAM EQ and, in these cases, insofar as a direct link to the Portal in the manner prescribed in this clause is allowed. f) The page containing the link shall comply with the law and shall not i any case provide with or link to own or third parties content that: (i) may be unlawful or contrary to moral standards and good practice (pornographic, violent, racist, etc.); (II) induces or may induce the User to the false impression that TEAM EQ subscribes, supports, adheres or in any other way supports the ideas, statements or expressions, lawful or unlawful, of the sender; (III) is inappropriate or irrelevant to the activity of TEAM EQ regarding the place, content and subject of the sender’s website.
4. DISCLAIMER OF LIABILITY
4.1 FOR INFORMATION
The access to the Portal does not entails the obligation by TEAM EQ to verify the truthfulness, accuracy, suitability, completeness and updating of information provided through it.
TEAM EQ is not liable for the decisions taken from the information provided in the Portal or for the damages caused to the User or third parties for actions that are only based on information obtained on the Portal.
4.2 FOR THE SERVICE QUALITY
The access to the Portal does not involve the obligation by TEAM EQ to control the absence of any viruses, worms or any other malicious software. It is up to the User, in any case, the availability of adequate tools to detect and disinfect harmful computer programs. TEAM EQ is not liable for any damages caused to the computers of Users or third parties during the provision of service of the Portal.
4.3 FOR THE SERVICE AVAILABILITY
The access to the Portal requires services and supplies from third parties, including transmission through telecommunication networks whose reliability, quality, continuity and operation does not correspond to TEAM EQ. Accordingly, services provided through the Portal may be suspended, cancelled or made inaccessible, previously or simultaneously to the provision of service of the Portal.
TEAM EQ is not liable for any damages of any kind that may be caused to the User resulting from failures or disconnections in telecommunication networks that may produce the suspension, cancellation or interruption of the Portal service at the moment of its provision or previously.
4.4 FOR THE CONTENTS AND SERVICES LINKED TRHOUGH THE PORTAL
The access service to the Portal includes technical linking devices, directories and even searching tools that allow the User to have access to other pages and Internet portals (hereinafter, ‘Linked Sites’). In these cases, TEAM EQ acts as a provider of brokerage services in accordance with Article 17 of Law 34/2002 of July 12, on Information Society Services and Electronic Commerce (“LSSI ‘) and shall only be responsible for the contents and services provided on the Linked Sites to the extent it becomes aware of the illegality and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content it may inform TEAM EQ according to the procedure and the purposes specified in clause 6, but in any case this notification shall entail the obligation to remove said link.
In no case, the existence of Linked Sites involves the existence of agreements with the holders or owners thereof, or the recommendation, promotion or identification of TEAM EQ with declarations, content or services provided.
TEAM EQ does not know the content and services of the Linked Sites and, therefore, it not liable for any damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services of the Linked Sites or any other damages that are not directly attributable to TEAM EQ.
5. PERSONAL DATA PROTECTION
5.1. PERSONAL DATA TREATMENT
In compliance with the provisions of Law 15/1999, of December 13, on Personal Data Protection (“LOPD”), we inform you that the personal data and information you provide us when filling in any electronic form available at Portal (‘Data’) shall be included in a personal data file owned by TEAM EQ. The collection of personal data of the User is executed with the purpose of managing the relationship between the User and TeamEQ, that is to say, the contracting by the User of a non-exclusive, revocable and non-assignable license of use granted by TeamEQ on the TeamEQ software, which is available via website www.TeamEQ.net, as well as reporting and communicating advertising, including by electronic means, on services, products, notices, offers and, in general, commercial information of TeamEQ and its group of companies.
Files owned by TeamEQ where personal data of the User shall be stored and processed are properly registered with the Spanish Data Protection Agency.
Pursuant to provisions of Article 15 and following of the LOPD, the User, as owner of the personal data, may at any time be addressed to TEAM EQ and exercise its rights of access, rectification, cancellation or opposition either by sending and email to email address [email protected] either by sending written communication to the following postal address: the EQ Project International, SL, calle Valencia 359 2-1 08009 Barcelona, Spain.
5.2. COMMERCIAL COMMUNICATION
In any of the electronic forms you will be asked for your express consent so that we can send commercial communications by any means, including e-mail or equivalent means of electronic communication, in accordance with Article 21 LSSI.
5.3. SECURITY MEASURES
TEAM EQ adopts the security levels required by Royal Decree 1720/2007, of December 21, approving the Regulations implementing the Data Protection Law, which are appropriate to the nature of the data being processed at any time. Notwithstanding the foregoing, technical security in an environment like Internet is not impregnable and misconduct by third parties may occur, although TEAM EQ may make all its best efforts through its available means to prevent such actions.
In compliance with Article 22.2 LSSI, TEAM EQ shall only use storage and data recovery devices (‘Cookies’) when the user has given prior consent to do so according to what indicated in the pop-up of the user’s browser when it has access to the portal for the first time and other terms and conditions outlined in the TEAM EQ Policy of Cookies that every user should know.
5.5. “ARCO” RIGHTS
Users may exercise their rights of Access, Rectification, Cancellation and Opposition (‘Rights ARCO’) in the terms provided by law, by sending a communication by postal mail to The EQ Project International, SL, with corporate domicile at calle Valencia 359 2- 1 08009 Barcelona, Spain or by sending an email to the following address: [email protected], indicating in both cases their full name.
6. NOTIFICATION OF ILLEGAL OR INAPPROPRIATE ACTIVITIES
In the event that the User or any other Internet user becomes aware that Linked Sites refer to web pages whose content or services are unlawful, harmful, degrading, and violent or contrary to morality, it may contact TEAM EQ and indicate the following data:
a) Personal data of the informant: name, address, phone number and email address; b) Description of the facts that disclose the illegal or inappropriate nature of the Linked Site; c) In the event of infringement of rights, such as intellectual property rights, personal data of the holder of the rights infringed when it is someone different than the informant. Likewise, it shall also provide with the title that certifies the holder’s legitimate rights and, if applicable, the powers of representation to act on behalf of the owner when it is someone different that the informant; d) Express declaration stating that the information contained in the complaint is accurate.
Likewise, it shall also provide with the title that certifies the holder’s legitimate rights and, if applicable, the powers of representation to act on behalf of the owner when it is someone different than the informant; Express declaration stating that the information contained in the complaint is accurate.
The reception by TEAM EQ of the notification under this clause shall not suppose in any case and in accordance with LSSI, the effective knowledge of the activities and / or contents indicated by the communicating party.
In the event that any provision contained in these Terms and Conditions is declared invalid, the remaining provisions shall remain in full force, and shall be jointly construed according to the will of the parties.
8. NOTICES AND CONTACT
TEAM EQ offers the User the address [email protected] to notification or contact effects for any questions or clarifications related to these General Terms and Conditions, together with the corresponding provisions of section “Contact” available at the Web Site.