Terms and Conditions

Terms and Conditions of the application

These Terms and Conditions govern the download, access and use of the software” (hereinafter, the «APPLICATION») that BLOCKCHAIN ADN SEC, SL makes available to CLIENTS and/or USERS. The Client acquires this status upon downloading and using it.

This version of the APPLICATION is available on the Google Chrome Web Store; the Client and/or User acknowledges and agrees to comply with all applicable terms and conditions regarding the obtaining, download and updating of the APPLICATION as respectively determined by that store.

Access to the APPLICATION implies that the Client and/or User acknowledges having accepted and consented, without reservation, to these terms of use.

PURPOSE

The purpose of the APPLICATION is for the User to manage their digital identity and to authorise or deny the access required by the applications and/or websites that have integrated Block-Auth.

Some of the groups that may benefit are natural and legal persons, who will be the clients.

Specialist professionals within the entity have taken part in the design and development of this APPLICATION.

The APPLICATION is made available to users for their personal use free of charge for natural persons acting on their own behalf.

It works on a mobile phone with an Android or IOS operating system and a rear camera.

FUNCTIONALITIES

For registered Users: access to the Block-Auth User panel with facilities for managing their digital identity.
The following permissions may be requested in order to provide users with the best service:
Notifications: permission to send notifications relating to the app. Notifications will be active both in the foreground and in the background
Camera: access to the camera in order to use app features: the app will only have access while the application is active, and not in the background.
User authentication: permission to access native operating system functions in order to sign in to the applications and/or browser on the device.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The intellectual and industrial property rights in the APPLICATION are owned by BLOCKCHAIN ADN SEC, SL, which holds the exclusive exercise of the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

The third-party owners of intellectual and industrial property rights in photographs, logos, and any other symbols or content included in the APPLICATION have granted the corresponding authorisations for their reproduction, distribution and making available to the public.

The user acknowledges that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or of any other means to obtain the source code, transformation or publication of the results of any unauthorised benchmark testing of any of the elements and utilities integrated within the development constitutes an infringement of the intellectual property rights of BLOCKCHAIN ADN SEC, SL, and the user therefore undertakes not to carry out any of the aforementioned actions.

PRIVACY POLICY

Who is the controller of your personal data?

BLOCKCHAIN ADN SEC, SL is the controller of the user’s personal data and informs the user that these data will be processed in accordance with the provisions of Reglamento (UE) 2016/679, de 27 de abril (Regulation (EU) 2016/679, of 27 April, GDPR), and Ley Orgánica 3/2018, de 5 de diciembre (Spanish LOPDGDD, Data Protection and Digital Rights Act), and therefore provides the following information on the processing:

For what purposes do we process your personal data?

We process your personal data for the purposes described in section
«1. PURPOSE» of these terms and conditions.
Some of the groups that may benefit are the entities or users of the service.
subject to the request for your consent. For these purposes, among others, the personal data necessary for your registration are requested.

On what grounds may we process your personal data?

The processing of your data is legitimised on the basis of:
it being necessary for the contractual relationship to which you are a party, which entails acceptance of these terms and conditions of use (art. 6.1.b GDPR).
your consent granted for one or more specific purposes (article 6.1.a GDPR) when completing any of the forms and/or contact methods that we make available to you in this APPLICATION and ticking the box provided for that purpose.
our legitimate interest in responding to your orders or requests made through any of the forms and/or contact methods that we make available to you in the APPLICATION (article 6.1.F) GDPR)

For how long will we keep your personal data?

We will keep your personal data for no longer than necessary to maintain the purpose of the processing, that is, for as long as the
contractual relationship arising from the use of the APPLICATION lasts (including the obligation to retain them for the applicable limitation periods), and when they are no longer necessary for that purpose they will be erased using appropriate security measures to guarantee their anonymisation or total destruction.

Where will we store your personal data?

Your data will be stored on the Controller’s servers located in Germany.

To whom do we disclose your personal data?

Your personal data will be disclosed to:

Public Administrations and other private entities for compliance with the legal obligations to which BLOCKCHAIN ADN SEC, SL is subject by reason of its activities. Suppliers that need to access the user’s personal data in order to provide the services that BLOCKCHAIN ADN SEC, SL has contracted from them, or that, by the very operation of the electronic services (application, website and emails), may have access to certain personal data, or group companies. With all of them BLOCKCHAIN ADN SEC, SL has entered into the confidentiality agreements and personal data processing agreements necessary and required by the regulations in order to protect your privacy (article 28.3 GDPR).

You can use your Google, Apple and Facebook accounts to sign in to third-party applications and services. This way, you will not have to memorise the usernames or passwords for each of your accounts.

Facebook: Facebook Login allows for two scenarios: authentication and requesting permissions to access user data. You can use Facebook Login solely for authentication, or for authentication and data access.
Apple: To see a list of the apps you currently use with Sign in with Apple and to manage the preferences for each one, go to the Apple ID settings on your device or sign in to your Apple ID account page. In your Apple ID account settings you will see a list of apps you use with Sign in with Apple. To see the information you originally shared with an app, select any app from the list.
You can also see a link to the app’s privacy policy or terms and conditions.
Google: You can use your Google account to sign in to third-party applications and services. Manage your account and permissions from your account.
Data will not be shared unless you grant permission. You can remove access at any time. You may need to ask third-party applications or websites to delete the data they already hold.

The Sign in feature will help you sign in to third-party accounts with your accounts easily and securely.

What rights do you have as a user?

The right to withdraw your consent at any time.
The right of access, rectification, portability and erasure of your data, and to restriction of or objection to its processing.
The right to lodge a complaint with the supervisory authority, the AEPD (Spanish Data Protection Agency) (www.aepd.es), if you consider that the processing does not comply with the regulations in force.

Contact details for exercising your rights:
BLOCKCHAIN ADN SEC, SL. C/Velázquez, 27 1º Derecha – 28001 (Madrid). E-mail: [email protected]

MANDATORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE USER

By ticking the corresponding boxes and entering data in the fields marked with an asterisk (*) in the APPLICATION’s forms, users expressly, freely and unequivocally accept that their personal data are necessary for the provider to attend to their request, the inclusion of data in the remaining fields being voluntary. The user warrants that the personal data provided to BLOCKCHAIN ADN SEC, SL are truthful and is responsible for notifying any change thereto.
BLOCKCHAIN ADN SEC, SL informs users that all data requested through the APPLICATION are mandatory, since they are necessary in order to provide an optimal service to the user and to the client. Should not all of the data be provided, there is no guarantee that the information and services provided will be entirely suited to your needs.

SECURITY MEASURES

In accordance with the provisions of the personal data protection regulations in force, the CONTROLLER complies with all the provisions of the GDPR and LOPDGDD regulations for the processing of the personal data under its responsibility, and manifestly with the principles described in article 5 of the GDPR, whereby the data are processed lawfully, fairly and transparently in relation to the data subject and are
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

BLOCKCHAIN ADN SEC, SL warrants that it has implemented appropriate technical and organisational policies in order to apply the security measures established by the GDPR and the LOPDGDD so as to protect the rights and freedoms of users, and that it has provided them with the appropriate information so that they can exercise those rights.

Any transfer of information that the APPLICATION carries out with
cloud servers, whether its own or those of third parties, is performed in an encrypted and secure manner through a secure hypertext transfer protocol (HTTPS), which additionally ensures that the information cannot be intercepted.

For further information on the safeguards for your privacy, you may contact BLOCKCHAIN ADN SEC, SL by email at [email protected]

DISCLAIMER OF LIABILITY

BLOCKCHAIN ADN SEC, SL reserves the right to edit, update, modify, suspend, remove or terminate the services offered by the APPLICATION, including all or part of its content, without prior notice, as well as to modify the form or type of access to it.

Possible grounds for modification may arise for reasons such as its adaptation to potential legislative developments and changes in the APPLICATION itself, as well as those that may derive from the codes of conduct existing on the matter or for strategic or corporate reasons.

BLOCKCHAIN ADN SEC, SL shall not be liable for the use of the APPLICATION by a minor, the download and use of the APPLICATION being the sole responsibility of the user.

The APPLICATION is provided «as is» and without any warranty of any kind. BLOCKCHAIN ADN SEC, SL is not liable for the final quality of the APPLICATION, nor for its serving and fulfilling all of its objectives. Notwithstanding the foregoing, BLOCKCHAIN ADN SEC, SL undertakes, as far as it is able, to contribute to improving the quality of the APPLICATION, but cannot guarantee the accuracy or the currency of its content.

Responsibility for the use of the APPLICATION lies solely with the user or client. Except as set out in these Terms and Conditions, BLOCKCHAIN ADN SEC, SL is not liable for any loss or damage arising in connection with the download or use of the APPLICATION, such as that resulting from failures, breakdowns or blockages in the operation of the APPLICATION (by way of example and without limitation: error in the communication lines, defects in the hardware or software of the APPLICATION or failures in the Internet network). Likewise, BLOCKCHAIN ADN SEC, SL shall not be liable for damage resulting from improper or inappropriate use of the APPLICATION by users.

GOVERNING LAW AND VENUE

The user accepts that the applicable legislation and the Courts and Tribunals competent to hear any disputes arising from the interpretation or application of these clauses are the Spanish ones, and the user
submits, expressly waiving any other venue, to the courts and tribunals nearest to the city of Madrid.

GENERAL TERMS AND CONDITIONS OF CONTRACT

Introduction

This contractual document shall govern the General Conditions for the download of the app and extension (hereinafter, the «Conditions») through the download of the app, owned by BLOCKCHAIN ADN SEC, SL under the trade mark BLOCK-AUTH , hereinafter the PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions shall remain published and available to the client so that they may be reproduced and saved as confirmation of the provision and download, and may be modified at any time by the PROVIDER. It is the client’s responsibility to read them periodically, since those in force at the time downloads are made shall be applicable.
Contracts shall not be subject to any formality except in the cases expressly set out in the Civil and Commercial Codes and in this or other special laws. Acceptance of this document entails that the client:

Has read, understands and comprehends what is set out herein.
Is a person with sufficient capacity to contract.
Assumes all the obligations set out herein.

These conditions shall have an indefinite period of validity and shall apply to all contracts entered into through the PROVIDER’s website.
The PROVIDER states that the business is responsible and is aware of the legislation in force, and reserves the right to modify the conditions unilaterally, without this affecting the terms and conditions that were implemented prior to the modification.

Identity of the contracting parties
On the one hand, the PROVIDER of the application contracted and downloaded by the USER is BLOCKCHAIN ADN SEC, SL, with registered office at C/Velázquez, 27 1º Derecha – 28001 (Madrid). E-mail: [email protected] and CIF B44826170

And on the other, the client, registered in the app by means of a username and mobile telephone number for which the client has full responsibility of use and safekeeping, is responsible for the truthfulness of the personal data provided to the PROVIDER. In some cases the user will not be the same person who manages the contracting and download of the service, and will therefore act on that person’s behalf (for example: companies, users, etc.).

Subject matter of the contract
The purpose of this contract is to govern the contractual download relationship arising between the PROVIDER and the client at the moment the latter accepts the corresponding box during the online contracting process. The contractual relationship entails the download of the app, in exchange for a specified price publicly displayed through the application, for the use thereof.

Intellectual property
The USER is not permitted in any way to transfer, change or exchange the licence rights and obligations affecting
this contract, save that the form and content may be altered on

condition that the changes are pre-agreed and made in writing by the PROVIDER. However, this contract -or general download conditions- expressly excludes any transfer of ownership from the PROVIDER to the USER.

Contracting procedure
In order to access the services offered by the PROVIDER, the client and the user must be over 16 years of age and must register through the app by creating a user account. To do so, they must freely and voluntarily provide the personal data requested from them, which will be processed in accordance with the provisions of Reglamento (UE) 2016/679, de 27 de abril de 2016 (Regulation (EU) 2016/679, of 27 April 2016, GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Ley Orgánica 3/2018, de 5 de diciembre (Spanish LOPDGDD, Data Protection and Digital Rights Act), on the protection of personal data, as detailed in the Legal Notice and the Privacy Policy of this website.

The Client shall select a service plan and must provide a telephone number and/or email address in order to verify that account, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately. Once the client account has been created, please note that, as required by article 27 of Ley 34/2002, de Servicios de la Sociedad de la Información y del Comercio Electrónico (Spanish LSSICE, Information Society Services and Electronic Commerce Act), the contracting procedure will follow the steps below:

-General contracting clauses.
-Activation of services.
-Right of withdrawal.
-Complaints and online dispute resolution.
-Force majeure.
-Competence.
-General terms of the offer.
-Price and period of validity of the offer.
-Methods of payment, charges and discounts.
-Download process.
-Severability and suspension or termination of the contract.
-Warranties and returns.
-Applicable law and jurisdiction.

GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, carrying out the download from the PROVIDER shall entail the client’s acceptance of these legal conditions. No stipulation made by the client may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

ACTIVATION OF SERVICES

The PROVIDER will not activate any service until it has verified that payment has been made.

Since the enjoyment or use of the service does not involve the physical delivery of any product, the contracted services being downloaded or activated directly, the PROVIDER will inform the client in advance of the procedure to be followed in order to carry out this download or activation.

Failure to perform the distance contract

In the case of the provision and download of the app, it will be available from the very moment the client registration is completed. The PROVIDER shall assume no liability where the download or activation is not completed because the data provided by the client are false, inaccurate or incomplete.

The provision of the service shall be deemed to have been performed at the moment the client has downloaded or activated the app.

RIGHT OF WITHDRAWAL

The client has the exclusive right to make a return and/or a claim in respect of any deficiencies or defects in the service.

The right of withdrawal may not be applied in the following cases:

Once the app has been fully executed, where performance has begun with the prior express consent of the PROVIDER and the client and with the client’s acknowledgement of being aware that, once the contract has been fully performed by the PROVIDER, the client will have lost the right of withdrawal.

COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint the client deems appropriate will be dealt with as promptly as possible, and may be submitted to the following contact addresses:

Postal: BLOCKCHAIN ADN SEC, SL, with registered office at C/ Velazquez, 27 1º Derecha – 28001 (Madrid). E-mail: [email protected]

Online Dispute Resolution

In accordance with Art. 14.1 of Reglamento (UE) 524/2013 (Regulation (EU) 524/2013), the European Commission provides a free-access platform for the online resolution of disputes between the client and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will engage in dialogue with both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

FORCE MAJEURE

The parties shall incur no liability for any failure due to force majeure. Performance of the obligation shall be deferred until the event of force majeure ceases.

COMPETENCE

The client may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale. If any stipulation of these conditions were held to be void or impossible to perform, the validity, legality and performance of the remainder shall not be affected in any way, nor shall they be modified in any manner. The client declares having read, being aware of and accepting these Conditions in their entirety, as well as the app.

GENERAL TERMS OF THE OFFER

All downloads carried out through the PROVIDER shall be deemed to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of BLOCKCHAIN ADN SEC, SL or to what is stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case such particular agreements shall prevail.

Given the continuous technical advances and improvements to the services, the PROVIDER reserves the right to modify their specifications with respect to the information provided in its advertising, insofar as this does not affect the value of the services offered. These modifications shall likewise be valid where, for any reason, the ability to supply the services offered is affected.

Continuity, consistency and quality of the service The PROVIDER expressly agrees to devote all of its resources to the download, availability and provision of services in general and, in this document, undertakes to fulfil its obligation as a service provider as far as it is able.

The PROVIDER undertakes to act with the greatest possible diligence and care and to proceed so as to supply a quality service in accordance with generally recognised practices. Consequently, the PROVIDER shall be contractually obliged to offer access (24/24 hours) and weekly (7/7 days), conditional upon being able to guarantee its services given the supply conditions (consequent network performance).

The PROVIDER reserves the right to interrupt the use of the app through its server in order to carry out essential maintenance, to improve network performance, or for any other operational reason relating to maintenance.

The PROVIDER, without prejudice to any of its rights and responsibilities, shall inform the client, within a reasonable period of time, of the date on which it proposes to carry out the maintenance.

The USER acknowledges that the download or use may be unavailable where the USER cannot or is unable to access the Internet. The PROVIDER shall not be liable for the client’s inability to gain access under these circumstances.

In particular, it is the client who must maintain their own protection against viruses, as well as keep their browser version up to date. The PROVIDER shall not be liable for any virus transmitted through its website.

Likewise, the PROVIDER disclaims any liability for unauthorised access to computer systems, or for the plundering of any data as a result thereof. Nevertheless, the PROVIDER applies appropriate means to prevent unlawful intrusions. The PROVIDER shall in no case be liable for the damages related thereto, such as loss of business, loss of profit, loss of value, damage or expenses.

The PROVIDER undertakes to act with due diligence and care, supplying a quality service in accordance with the normal practices of the sector, subject to the interruption of services explicitly requested at the request of the administrative authorities. The Parties agree that the PROVIDER has the right to modify the services without prior notice.

After-sales services

The PROVIDER undertakes to provide the client with the assistance necessary in relation to the information contained and acquired. The client may contact the PROVIDER with any request relating to the app.

User obligations and liability

The client expressly accepts having verified the compatibility between its requirements and the offer of services and fully acknowledges receipt of all the information and advice necessary from the PROVIDER, so that this agreement may enter into force with binding knowledge and certainty.

The client warrants that it acts under its sole responsibility if, as a consequence of the access, such access is not carried out in accordance with what may be considered reasonable acts of use by the client, who holds the access credentials and password and who fails to comply with the general guide and instructions for correct use initially supplied by the PROVIDER. The client shall be solely responsible for the consequences of any breach of these rules and of these Terms.

PRICE AND PERIOD OF VALIDITY OF THE PURCHASE

The prices indicated for each service or download do not include Value Added Tax (VAT) or other taxes that may be applicable. Unless expressly stated otherwise, these prices do not include additional services ancillary to the service purchased.

The prices applicable to each service are those published and will be expressed in the EURO currency. The USER accepts that the economic valuation of some of the services may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily for as long as the purchase is not completed.

Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the company name that the USER provided at the time of making the purchase. Should you wish to receive it by email, you must request this by any of the means that the PROVIDER makes available to you, and you are hereby informed that you may revoke that decision at any time.

METHODS OF PAYMENT, CHARGES AND TRIAL PERIODS, SERVICE CANCELLATION
The PROVIDER is responsible for the financial transactions and enables the following methods for paying for an order:

– Credit card: the bank details are provided to our service provider Stripe, which the PROVIDER uses.
– Cryptocurrencies: eurocoinpay.io

Service renewals are carried out automatically on a monthly basis.
The USER shall have a trial period of 15 calendar days, with no need to register an account or provide bank details.
Cancellation of the service by the client must be notified to the PROVIDER up to 24 hours before the renewal of the service.

Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to the data. In order to achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to permit any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, that may or has the potential to harm their goodwill or to affect them negatively.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

Service activation procedure (access to the application)
The client will receive its access credentials (username/password). Access to the application, granted by the PROVIDER, is strictly private. The transmission of the access credentials (username/seed phrase) to a third party is strictly prohibited. The client agrees not to give access to third parties under any circumstances, whether free of charge or for a fee, in any form whatsoever.

SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions were held to be unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the client’s access to its services and to the application, in whole or in part, for any valid reason, including, without limitation, where the client fails to comply with or observe any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

WARRANTIES AND RETURNS
Warranties shall be governed by the provisions of the Title on “Garantías y servicios posventa” (Warranties and after-sales services) of Real Decreto Legislativo 1/2007, de 16 de noviembre, approving the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios (Spanish General Act for the Protection of Consumers and Users) and other complementary laws.

APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly established herein. The PROVIDER and the client agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the PROVIDER’s domicile.