Legal Terms and Conditions
TERMS AND CONDITIONS OF USE
Access to and use of the platform (hereinafter, the “Platform”) implies express and unreserved acceptance of these Terms and Conditions of Use (hereinafter, the “Conditions”). They must be observed and complied with by all those who use the Platform in any way.
For the purposes of these Conditions, the term “Client/s” refers to any organization or company using the Platform. Likewise, the term “User/s” refers to any natural or legal person who maintains a commercial and/or contractual relationship with the Client.
1.- Identification of the holder and general information
Owner: Identity Engagement, S.L. (hereinafter, “Idenge”).
Corporate address: Calle Quintana, 55, 08205 Sabadell, Barcelona.
Tax ID (NIF): B-67316026
Public Registry: Volume 46.640, Page 187, Sheet L526303, Entry 1.
Accessing, browsing and using the Idenge Platform implies the express, unreserved acceptance of all the terms of these Conditions, which will have the same validity and efficacy as any agreement entered into in writing and signed between the parties.
Any Client or person who accesses, visits or uses the Platform must observe and comply with them.
If you do not agree with the terms set forth herein, please refrain from accessing, visiting or using the Platform.
Notwithstanding the foregoing, access to certain contents and the use of certain services may be subject to specific conditions, which will in all cases be clearly indicated and must be expressly accepted by Clients and Users, as applicable.
Idenge reserves the right to change these Conditions in full or in part, publishing all changes in the same way as they appear in these Conditions or by means of any kind of notification addressed to the Clients.
Similarly, Clients are hereby informed of their rights and obligations in relation to the contents posted on the Platform, the logos and trademarks used and the liabilities that could arise in connection with using the service provided by Idenge.
To become a Client, the applicant must fill out the form hosted on the Idenge Platform and fulfil the obligations arising therefrom. Idenge will be free to reject the application at its sole discretion. In the event that Idenge accepts the application, it will issue express notification of its acceptance.
Any issue that has not been specifically provided for in these Conditions will be considered reserved for Idenge, notwithstanding the application of applicable legal measures.
The contractual procedure will be carried out in the Spanish and English languages, as requested by the potential Client. Notwithstanding the foregoing, in the event of any contradiction between that set out in the Spanish version of the Conditions and that expressed in any translation, the terms of the Spanish version shall prevail.
3.- Rules governing the use of the Platform
Access to or use of the Platform for illegal or unauthorised purposes, whether for profit or not, is forbidden, and the consequences thereof will be the exclusive responsibility of the Client. In particular, but not limited to the same, the following are prohibited:
(1) Using the Platform in any way that could cause damage, interruptions, inefficiencies or defects regarding its operation or that of computer equipment of third parties;
(2) Using the Platform to transmit, install or post viruses, malware or other harmful programs or files.
(3) Using the Platform in a manner that is illegal, contrary to good faith, ethics and public order or contrary to the spirit of the contractual conditions;
(4) Registering via the Platform under a false identity, supplanting third parties or performing any other action that could give rise to confusion among other users as to the identity of the user;
(5) Gaining unauthorised access to any area of the Platform, other systems or networks connected to the Platform, the servers used by Idenge or the servers provided through the Platform, by hacking or forgery, obtaining passwords or by any other illegitimate means;
(6) Breaching or attempting to breach the Platform’s security or authentication measures, or those of any network connected to the Platform, or the security or protection measures forming part of the contents offered through the Platform;
(7) Performing any action that causes disproportionate or unnecessary saturation of the Platform infrastructure or of Idenge’s systems or networks, and of the systems and networks connected to the Platform; or
(8) Preventing the normal development of an event, competition, promotion or any other activity made available through the Platform or any of its functionalities, whether by illegally or in any other way altering, or attempting to alter, access to, participation in or the operation of the former, or falsifying the result of the same and/or using fraudulent participation methods through any procedure, and/or through any practice that is contrary to or infringes these Conditions.
In the event of a breach of any of the above obligations by the Client, Idenge may take the opportune measures permitted by law, including deleting or blocking the account of the infringing user, without any possibility of compensation for damages caused.
4.- Access and Registration
Access to the contents of the Platform is absolutely free, including the sending by the Client of the first five (5) electronic cards and passes, notwithstanding the existence of specific sections or services that require the payment of a certain amount for their use. In all cases, the Client will be duly informed of this and must give their express acceptance in order to be able to use them.
Under no circumstances will Idenge assume any liability for the truthfulness of the registration data provided by the Clients, and each Client will be solely responsible for any consequences, errors and malfunctions derived from poor quality data.
Similarly, the registered Client assumes that the account created with the Platform is personal and non-transferable, and that any legal entity may log into the Platform.
The password, which is personal and non-transferable, must be created by the Client, in accordance with the rules regarding robustness and complexity established by Idenge. The password created by the Client will be valid for an unlimited period of time.
Nonetheless, Idenge offers the necessary functionalities to enable the Client to change their password whenever they wish, for instance, because they suspect or know that the confidentiality of the password has been breached.
By virtue of the foregoing, the Client is obliged to inform Idenge immediately of any act that gives rise to the improper use of the identifiers and/or passwords, such as theft, loss or unauthorised access to them, so they can be cancelled immediately. Until such acts are reported, Idenge will be exonerated from all liability that could arise from the improper use of identifiers or passwords by unauthorised third parties.
If you do not wish to receive advertisements related to your interests from the Idenge advertising platform, enable restrict monitoring of advertisements, which will disable advertisements of this kind for your Idenge ID, regardless of the device you use. If you enable Restrict surveillance of advertising on your mobile device, third-party applications will not be able to use the advertising identifier, a non-personal identifier, to offer advertisements that are specifically designed for you. In third-party applications, you may possibly see advertisements based on a different type of information.
As occurs with most Internet services, certain data are compiled automatically and stored in log files. Such data include IP addresses, browser types and language, Internet provider (ISP), websites and reference and exit applications, operating system, date/time stamp and click monitoring data.
We use the above data to know and analyse trends, manage the website, obtain information about user behaviour on the website, improve our products and services and compile demographic data related to our users in general.
6. Idenge operation
6.1. General services
Idenge provides the Client with a Platform that can be used to design, distribute and centralise the use and management of the Client’s electronic cards and passes, while also allowing the Client to send notifications and text messages to its Users and to control their points and/or view and exchange them for prizes and/or promotions, informing them and keeping them posted about all the offers and promotions the Client can offer them.
Idenge only shows the details of the Client’s account, without changing them and without checking whether they are correct. In this respect, the Client assumes all liabilities derived from possible breaches caused to Users by the information in the electronic cards and passes.
For this reason, if the User requests specific information about the accounts associated with the different electronic cards and passes, they must contact the Client directly through the usual channels provided for this purpose.
Likewise, the Client expressly declares that they are the lawful owner of the access credentials provided through Idenge and assumes all liabilities arising from failure to comply with this obligation.
Idenge reserves the right to suspend, defer, cancel or change the services offered at any time, and in this regard, Idenge undertakes to inform the Client 24 hours before carrying out said actions, with no possibility of receiving compensation for damages caused.
6.2. Other services
In addition to providing the Client with a Platform for the design, distribution and centralization of the use and management of electronic cards and passes, Idenge also provides the following additional services:
A. Design and management services for cards and digital passes.
B. Hotline maintenance contracts via email, chat or phone.
C. Custom projects.
7.- Client promotions
Idenge assumes no liability for losses, damages, delays or any other circumstances that could affect the participation and implementation of the promotions organised by the Clients using the electronic cards and passes, insofar as the owners of these cards and passes are the parties responsible for organizing the promotions irrespective of whether they are subject to promotions and/or financial benefits.
The entities owning the electronic cards and passes (the Clients) reserve the right to suspend, defer, cancel or change the duration of the promotions at any time before they expire, under certain circumstances which will be posted on the websites of the owners of the electronic cards and passes, and via any other communications channels used to publicise the promotions. Likewise, the entities owning the electronic cards and passes (the Clients) reserve the right to take the measures they see fit in the event of detecting that any User has performed an action that could be considered fraudulent, abusive and/or harmful to the correct implementation of the promotion.
8.- Intellectual and Industrial Property Rights
The use of references to registered trademarks, commercial names or other distinctive symbols, whether owned by Idenge or by third party companies, is strictly prohibited without the consent of Idenge or their lawful owners. At no time does accessing, browsing or using the Platform and/or its contents grant the Client any right over the distinctive symbols contained therein, unless specified to the contrary.
Under no circumstances will it be understood that access, browsing and use of the Platform by the Client implies a waiver, transfer, licence or the total or partial assignment of intellectual, industrial and any other rights by Idenge. The Client holds the right of use over the contents and/or services of the Platform for the sole and exclusive purpose of enjoying the benefits of the services pursuant to these Conditions.
The Client expressly agrees that after adding an electronic card or pass, they will associate the image and logos of the trademark owned by the Client to the card that is added, and in this case, they agree that they hold the necessary permits and that they assume all liabilities that could arise from such an action.
All intellectual and industrial property rights over the contents and/or services of the Platform are reserved and, in particular, any modification, imitation, reproduction, public communication, transformation or distribution of all or any part of the contents included in the Platform for public or commercial purposes, by any means and in any way, is forbidden without the prior, written, express consent of Idenge or the owner of the corresponding rights, as the case may be.
Likewise, any elimination or manipulation of the copyright indications or other credits of the Platform, and the protective devices, fingerprints or any protective or information mechanism incorporated into the contents offered by the Platform, is forbidden.
In the event that the Client sends any type of information to Idenge through any of the channels created for this purpose, they declare, warrant and agree that they are entitled to do this with no restrictions, that such information does not infringe any data protection, intellectual, industrial, trade secret rights or any other third-party rights and that said information is not confidential or harmful to third parties.
The Client declares that they assume liability, and relieve Idenge from liability, for any communication made personally or on their behalf, with such liability including, without restriction, the accuracy, legality, originality and ownership of the same.
If the Client, the User or any third party becomes aware of the existence of any content that is illicit, illegal, contrary to law or that could entail an infringement of intellectual and/or industrial property rights, they will immediately inform Idenge by sending an email to firstname.lastname@example.org in order for Idenge to take the opportune measures.
- Identification data and method for contacting the claimant or their legal representative.
- Documentation accrediting status as the owner of the rights that have allegedly been infringed.
- Detailed list of the rights that have allegedly been infringed by Idenge, and their exact location in the Platform.
- Express declaration by the claimant that the contents were used without the consent of the owner of the allegedly infringed rights.
In the event of a breach of any of the above obligations by the Client, Idenge may take the opportune measures permitted by law, including the elimination or blocking of the account of the infringing user, without any possibility of compensation for damages caused.
9.- Links to other websites
Idenge declines all liability for any matter related to platforms or websites to which links may be established from the Platform, and in particular, for illustrative purposes and not limited to the same, their operation, access, data, information, files, quality and the reliability of their products and services, their own links and/or any of their contents in general.
In this respect, if it is effectively brought to the attention of the Clients that the activities carried out through these third-party websites are illegal or contrary to ethics and/or public order, they will immediately inform Idenge in order for the latter to disable the link providing access to the same, and this action shall be taken as quickly as possible. In all cases, the establishment of any link from the Platform to another website does not imply the existence of any relationship, cooperation or dependence between Idenge and the party responsible for that other website.
10.- Links to Idenge in other platforms and social networks
The activation and use of these applications may entail the identification and authentication of the Client (login/password) in the respective platforms, which are completely external to the Platform and beyond the control of Idenge. In accessing such external networks, the Client is entering an environment that is not controlled by Idenge, and therefore Idenge declines all liability for the security settings of said environments.
Since Idenge has no control over the content hosted in those channels, the Client acknowledges and agrees that Idenge assumes no liability whatsoever for the content or for the services that can be accessed by the Client through those sites, or for any content, product, service, publicity or any other material available on those sites. For this reason, the Client must take every precaution in evaluating and using the information, contents and services of the linked channels and their own information or that of the third parties that they wish to share in those channels.
11.- Storage of electronic cards and passes
The electronic cards and passes designed by the Client will be stored in Wallet and Pass Wallet or Google Pay. These virtual portfolios can be organized on the User’s devices, whether iPhone (Wallet) or Android (PassWallet and Google Pay).
In this respect, Idenge declines all liability for the selection, performance or use of these third-party websites, platforms, applications, virtual portfolios and/or products, with no possibility of compensation for damages caused. Idenge issues no warranty regarding the exactitude or reliability of the aforesaid virtual portfolio.
Therefore, if the Client and/or the User should require any information and/or support in relation to the virtual portfolio, among other actions, they must contact the virtual portfolio provider.
Additionally, the Client and the User will be solely responsible for the use of the third-party websites, platforms, applications, virtual portfolios and/or products (downloads, updates and deletions, among others).
The Client is advised to moderate the use of notifications and text messages, in each case.
12. Responsibilities and warranties
Idenge cannot guarantee the reliability, usefulness or veracity of the all the information and/or services on the Platform, or the usefulness or veracity of the documentation made available through it.
Consequently, Idenge is unable to guarantee or assume any liability for the following, among others: (i) the continuity of the Platform contents; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Platform or its server; (iv) the invulnerability of the Platform and/or the impossibility of breach of the security measures implemented on the Platform; (v) the lack of usefulness or performance of the Platform contents; and (vi) damages caused to them or to third parties by any person who infringes the conditions, rules and instructions established by Idenge in the Platform, or due to a breach of the Platform security systems.
Nonetheless, Idenge declares that it has taken all the necessary measures, within its possibilities and the state of technology, to ensure the operation of the Platform and reduce system errors to a minimum, from both the technical standpoint and from the standpoint of the contents published on the Platform.
Idenge is unable to guarantee the legality, reliability and usefulness of the contents provided by third parties through the Platform. If the Client becomes aware of the existence of any content that is illicit, illegal, contrary to law or could entail an infringement of intellectual and/or industrial property rights, they will immediately notify Idenge by sending an email to email@example.com so that Idenge can proceed to take the opportune measures.
Idenge will not be held liable for the truthfulness, integrity or updating of the information posted on the Platform from sources other than the Platform itself, or for the content of other platforms to which links are established from the Platform. Idenge assumes no liability for any damages that could arise from the use of such information.
Under all circumstances, Idenge reserves the right to suspend, modify, restrict or interrupt access, browsing, use, hosting and/or downloading of the content and/or the use of the Platform services, either temporarily or permanently, with or without prior notification, by Clients who breach any of the provisions set out in these Conditions, and the user shall have right to claim compensation due to this cause.
Idenge will not be held liable for any other damage, whether direct or indirect, suffered by the Client, the User or any other person, including loss of profits, that arises due to actions, errors or negligence on the part of Idenge.
13.- Platform suspension
Idenge reserves the right to suspend, modify, restrict or interrupt access, browsing, use, hosting and/or downloading of the content and/or the use of the Platform services, either temporarily or permanently, with or without prior notification, by Clients who breach any of the provisions set out in these Terms and Conditions, without the possibility of the user seeking compensation due to this cause.
Idenge is the owner of the confidential information and trade secrets related to its products and activities.
The confidentiality obligation is extended to all confidential information and processes, documents, business, clients, operations, installations, accounts, finance, transaction, know-how or any other aspect related to the activity of Idenge, to the collaboration, and to any other information disclosed on occasion of providing the services covered by this Agreement or by any other means. Likewise, you undertake not to disclose such information to any other person or entity, and not to reproduce, use, sell, licence, disclose, publish or reveal it in any way without the express consent of Idenge.
You acknowledge and agree that such confidential information will at all times remain the property of Idenge and that insofar as you are granted access to use the confidential information within the scope of the performance and execution of this Agreement, you will only use the confidential information to the extent strictly necessary and solely for the purposes authorised in the Agreement itself.
You will not transmit or reveal Confidential Information to any third party without the prior, written consent of Idenge, unless you are authorised to do so by any specific provision of this Agreement.
15.- Privacy and Data Protection Policy
These Conditions will be regulated by Organic Act 3/2018 of 5 December, on Personal Data Protection and guarantee of digital rights (hereinafter, the “LOPD”), Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and revoking Directive 95/46/EC (hereinafter, the “Regulation”) and any other provision on data protection of the Union or its Member States.
15.1. Concerning the Client
As the Client’s data controller, at the time of determining the processing methods and during the processing itself, and considering the state of technology, the cost of the application and the nature, scope and purposes of the processing and the risks of diverse probability and seriousness that the processing entails for the rights and freedoms of natural persons, Idenge will apply the appropriate technical and organisational measures, such as anonymisation, designed to effectively apply such data protection principles as the minimisation of data and incorporate the necessary guarantees into the processing in order to comply with the requirements of the LOPD and the Regulation, and protect the rights of all interested parties.
Furthermore, Idenge will apply the appropriate technical and organizational measures in order to guarantee that, by default, only the personal data necessary for each of the specific purposes of the processing are processed. This obligation shall apply to all personal data collected, to the extent of the processing, to the storage period and to the accessibility of the data. Such measures will guarantee, in particular, that the personal data cannot, in principle, be accessed by an indeterminate number of natural persons without human intervention.
15.2. Concerning the User
Idenge will not use the User’s personal data for any of the following purposes: (a) to exercise its functions by virtue of these Conditions; (b) to supply information to users by electronic means about marketing opportunities related to Idenge's services and products; (c) to comply with legal, financial, accounting and administrative functions; and (d) to protect the legal and contractual rights of Idenge.
The processing of the personal data of the Users for the above purposes and for any other purpose is carried out by the Clients of Idenge. In this regard, the Client will be responsible for ensuring the confidentiality of the data and information provided and for restricting access to their computer and access codes to prevent any unauthorised use.
In the event that the User has reason to believe that their data have been made disclosed to a third party, or if the data have been or could be used without authorisation, they must report this to the Client immediately.
Likewise, the Client, as the User’s data controller, declares that it complies with all the provisions of the LOPD and the Regulation, and declares that it will be solely responsible for access, use and processing, among other actions, of the Users’ personal data.
16.- Modifications to the Terms and Conditions
The headings of the different clauses are for information purposes only and will not affect, describe or extend the interpretation of these Conditions. Idenge reserves the right to change these Conditions in full or in part, posting all changes in the same way as they appear in these Conditions or by means of notifications addressed to the Clients.
The duration of these Conditions therefore coincides with the time they are posted, until they are modified in full or in part, at which time the modified Conditions will take effect.
Regardless of the provisions of the specific conditions that may be established, Idenge may terminate, suspend or interrupt access to the Platform contents at any time, and without the need for prior notice.
After such termination, the prohibitions on use of the contents set out above in these Conditions will continue to apply.
Likewise, if the Client breaches these Conditions, Idenge may automatically suspend or cancel their profiles, without prior notice, and said suspension or cancellation will not entitle the Client to any compensation whatsoever. To that end, Idenge informs you that you may report to and cooperate with the police authorities and competent judicial authorities regarding any breach of the law, or if you suspect that a crime has been committed.
The purchase of any product and/or paid service offered by Idenge will be regulated by the general and/or specific conditions of each particular service that are posted for that purpose.
In the event of discrepancy between the provisions of these Conditions and the specific conditions of each particular service of the Platform, the provisions of the latter will prevail.
In the event that any of the provisions of these Conditions is deemed void or non-enforceable, in full or in part, by any competent court or administrative entity, said nullity or non-enforceability will not affect the other provisions of these Conditions. Failure by Idenge to exercise or execute any right or provision set out in these Conditions will not constitute a waiver thereof unless this is acknowledged and agreed to in writing by Idenge.
17.- Applicable law and jurisdiction
All litigations arising from or related to this relationship will be governed by Spanish law, and the parties expressly and voluntarily agree to be submitted to the courts of the city of Barcelona, provided that current legal provisions allow for the possibility of the parties submitting themselves to a specific jurisdiction.