TERMS OF USE AND PRIVACY POLICY FOR OUR MOBILE APPLICATIONS AND ACCESS FROM MOBILE DEVICES

1.  GENERAL TERMS OF USE

This document aims to establish the General Terms of Use for the mobile applications owned by GLOBAL PLEBERIO SL, with registered office at c/ Fuerteventura, 15 1ºD 28703 San Sebastián de los Reyes (Madrid) and C.I.F. number B88501267, registered in the Madrid Commercial Registry, Volume 39,749 – Book 0, Folio 102, Section 8, Sheet: M706219.

GLOBAL PLEBERIO SL reserves the right to modify these Terms of Use to adapt them to the applicable legislation in force at any given time. These Terms 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 Terms of Use, to their own specific conditions of use (hereinafter the “Specific Conditions”). GLOBAL PLEBERIO SL may, at any time and without prior notice, make changes and updates to these Terms of Use and the Privacy Policy. These changes will be published in the Application and will be effective from the moment of their publication. Consequently, the User should periodically review if there are changes in these Terms, and whether there is explicit consent or not, if the User continues using the Service after the publication, it implies acceptance and assumption of the same. If you disagree with the updates of the Terms of Use or the Privacy Policy, you may opt out by ceasing to use the Service. 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 confers 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, these Terms of Use, and the Specific Conditions that, where applicable, are also applicable. Additionally, they agree to make appropriate use of the services and/or contents of the mobile application and not to use them to conduct illegal or criminal activities, which infringe the rights of third parties and/or violate the regulations on intellectual and industrial property, or any other rules of the applicable legal system. Specifically, the User agrees not to transmit, introduce, disseminate, and make available to third parties any kind of material and information (data contents, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order, and these Terms of Use and, where applicable, to the Specific Conditions that apply to them. By way of example, and in no case limited or exclusive, the User agrees to:

– Not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in support of terrorism, or that violates human rights.

– Not introduce or disseminate in the network data programs (viruses and harmful software) that may cause damage to the access provider’s computer systems, its providers, or third-party users of the Internet network.

– Not disseminate, transmit, or make available to third parties any kind of information, element, or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.

– Not disseminate, transmit, or make available to third parties any kind of information, element, or content that constitutes illicit or unfair advertising.

– Not transmit unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.

– Not introduce or disseminate any false, ambiguous, or inaccurate information and content in a manner that deceives the recipients of the information.

– Not impersonate other users by using their registration keys for the various services and/or contents of the Portals.

– Not disseminate, transmit, or make available to third parties any kind of information, element, or content that violates intellectual and industrial property rights, patents, trademarks, or copyright belonging to the Portal owners or third parties.

– Not disseminate, transmit, or make available to third parties any kind of information, element, or content that violates the secrecy of communications and personal data legislation.

– Not disseminate, transmit, or make available to third parties any kind of information, element, or content of other users or third parties that they have accessed in their capacity as a user of the Application.

 INTELLECTUAL AND INDUSTRIAL PROPERTY

GLOBAL PLEBERIO SL reserves all rights to the trademarks, trade names, or other distinctive signs, patents, and intellectual property regarding the content and design of the application. All contents thereof, including but not limited to, texts, graphics, images, its design, and the intellectual property rights that may correspond to such contents, as well as the trademarks, trade names, or any other distinctive signs are the property of GLOBAL PLEBERIO SL, or in the case of an application made to a third party, of its owner, having authorized GLOBAL PLEBERIO SL to use such content even if protected by the client’s copyright, with all rights reserved. The trademarks, trade names, or distinctive signs are owned by GLOBAL PLEBERIO SL, and the download, access, and use of the application shall not be construed as conferring any rights over said trademarks, trade names, and/or distinctive signs.

 DISCLAIMER OF WARRANTIES. LIABILITY

GLOBAL PLEBERIO SL does not guarantee at all times the availability of access and continuity of the operation of this mobile application and its services, so GLOBAL PLEBERIO SL shall not be responsible, within the limits established by the current Legal System, for the damages caused to the User as a result of the unavailability, access failures, and lack of continuity of this mobile application and its Services. GLOBAL PLEBERIO SL will only be responsible for the Services provided by itself and for the contents directly originated by the company and identified with its copyright. Such responsibility will be excluded in cases of force majeure or in cases where the configuration of the User’s devices is not suitable to allow the correct use of the Internet services provided by GLOBAL PLEBERIO SL. The download, access, and use of the application on mobile or similar devices does not imply any obligation on the part of GLOBAL PLEBERIO SL to control the absence of viruses, worms, or any other harmful computer elements. It is the User’s responsibility, in any case, to have appropriate tools for the detection and disinfection of harmful computer programs.

Likewise, GLOBAL PLEBERIO SL, as the owner and developer of the application, is not responsible for the operation of the physical devices necessary for its access and use, nor for the consequences that the capabilities, limitations, and conditions of the physical devices may generate in the normal access and operation of the application. Likewise, it shall not be liable for potential damages, harm, problems, or malfunctions that the continued use of the application may, if applicable, produce on said devices, such as overheating, battery consumption…

 USERS’ CONDUCT

GLOBAL PLEBERIO SL does not guarantee that the Users of this mobile application use its contents and/or services in accordance with the law, morality, public order, or these General Conditions, and, where applicable, the Specific Conditions that may apply. Likewise, it does not guarantee the truthfulness and accuracy, completeness, and/or authenticity of the data provided by the Users. GLOBAL PLEBERIO SL shall not be responsible, indirectly or subsidiarily, for damages of any nature arising from the use of the Services and Contents of the application by the Users or that may arise from the lack of truthfulness, accuracy, and/or authenticity of the data or information provided by the Users, or from 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 any obligation on the part of GLOBAL PLEBERIO SL to verify the truthfulness, accuracy, suitability, adequacy, completeness, and timeliness of the information provided through it. GLOBAL PLEBERIO SL is not responsible for decisions made based on the information provided through the application or for damages caused to the User or third parties as a result of actions based solely on the information obtained in the application.

1. PRIVACY POLICY

 1. INFORMATION REGARDING GLOBAL PLEBERIO SL’S DATA PROCESSING CONTROLLER STATUS REGARDING THE PERSONAL DATA THAT AFFECTS THEM.

In relation to the personal data contained in the information stored by The Client, the latter declares to be responsible for its processing, in accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter, GDPR).

Likewise, the parties state that GLOBAL PLEBERIO SL, as a result of the services provided to The Client, may have access to information and personal data for which The Client is responsible, such as data of its employees. Such access to data will not be considered in any case as a transfer of data, but it is stated in this document that GLOBAL PLEBERIO SL will be considered as a Data Processor in any case, so that all data, information, and documentation owned by The Client to which GLOBAL PLEBERIO SL accesses for the execution of these Service Conditions will be processed in accordance with the current regulations on data protection.

In accordance with Article 32 of the GDPR, GLOBAL PLEBERIO SL undertakes to adopt the necessary technical and organizational measures according to the impact of the processing, in order to guarantee the security of the data and prevent its alteration, loss, unauthorized processing or access, taking into account the state of the technology, the nature of the data stored, and the risks they are exposed to, whether from human action or from the physical or natural environment.

GLOBAL PLEBERIO SL undertakes to process the personal data provided by The Client solely and exclusively for the purpose of providing the contracted services, maintaining the due professional secrecy regarding the data accessed, both during and after their execution, and demanding the same level of commitment from any person within GLOBAL PLEBERIO SL who participates in any phase of the data processing.

In compliance with the GDPR, GLOBAL PLEBERIO SL obliges to process the data in accordance with The Client’s instructions, not to use the personal data from treatments owned by The Client for purposes other than those agreed, and not to transfer them, not even for their retention, to other natural or legal persons except for expressly accepted transfers or expressly agreed in the future.

Additionally, if you, as an interested party, are a participant student in our training courses, your data, as well as the data resulting from the course completed, will be processed by generating a report with the referred results, which will be sent to you and to the entity where you work, under the agreement that binds it to GLOBAL PLEBERIO SL.

Likewise, the presentations that the student attaches to the platform in Pdf format will be temporarily stored, being the student the only one who can freely upload, modify, and/or delete these presentations at any time, since GLOBAL PLEBERIO SL will not have access to such presentations, nor will it decide in any way on their use or content, which in any case will only have the purpose of being used exclusively by the student, whenever the student so requires.

Furthermore, the provided data will also be processed to send you operational communications with updates about new practices available within the contracted training course, as well as to enable the provision of the contracted service.

GLOBAL PLEBERIO SL must subcontract with third parties the provision of part of the service object of these Conditions, such as possible external collaborators if required to provide the contracted training. GLOBAL PLEBERIO SL guarantees that the relationship with such subcontracted companies will be regulated in contracts similar to that regulated in this clause on the processing of personal data in accordance with the GDPR, when they access the personal data owned by The Client. GLOBAL PLEBERIO SL undertakes to enter into a service provision and confidentiality contract with each of the subcontracted companies regulating the entrusted services and containing the obligations regarding data protection described in this clause.

The Client shall have the right, upon request, to know the subcontractors of services that may have occurred. In the event that The Client has any incompatibility with any of the providers listed in this relationship, it may communicate it to GLOBAL PLEBERIO SL to try to find an alternative solution.

In this regard, The Client is adequately informed that the hosting of the audios derived from the use of the application has been contracted to Amazon Web Services, Inc, whose servers are located in Europe, with which the corresponding contract for access to personal data on behalf of third parties has been signed.

GLOBAL PLEBERIO SL undertakes to destroy or return, upon The Client’s instruction, the data in the possession of GLOBAL PLEBERIO SL, both in electronic format and on paper owned by The Client, once the contracted services have been provided, retaining only those data or information necessary to meet any potential liabilities that may be demanded, either administratively or judicially.

In the event that The Client provides personal contact data of third parties, such as, for example, employees of The Client, for the development and execution of these Conditions, The Client undertakes to communicate to the owners of such data this clause, informing them, prior to such communication to GLOBAL PLEBERIO SL, of all aspects included therein, especially the existence of the processing, the purposes of the processing, and the possibility of exercising rights at the address indicated in the following paragraph. If not communicated, The Client undertakes to indemnify GLOBAL PLEBERIO SL for any damages, losses, expenses, or penalties of any jurisdictional order that may result from the lack of communication of this clause to the owners of the data provided by The Client.

The parties undertake to maintain the utmost confidentiality and secrecy regarding the information classified as confidential to which they have access from the other party. Any information to which the parties have access under this contract will be considered confidential. The obligation of confidentiality set forth in these conditions shall be indefinite, remaining in force after the termination, for any reason, of the relationship between the parties. The parties shall be responsible for ensuring that their personnel, collaborators, and in general, all persons under their responsibility who have access to confidential information, respect the confidentiality of the information, even after the relationship between the parties has ended, for which they will make any warnings and sign any documents necessary with said persons.

In cases where The Client is not a Spanish party, and if, in accordance with Spanish legislation on the protection of personal data, GLOBAL PLEBERIO SL processes personal data as data controller or data processor, The Client undertakes.

2- COMPLIANCE WITH THE INFORMATION DUTY FOR DIRECT CLIENTS, AND WEB USERS, IN WHICH CASE GLOBAL PLEBERIO HOLDS THE RESPONSIBLE FOR TREATMENT OF THE PERSONAL DATA THAT AFFECT THEM

Identity of the Data Controller

– Identity: GLOBAL PLEBERIO SL
– Address: Calle Fuerteventura 15, 1D, 28703, Madrid
– Phone: 915713433
– Email: [email protected]

Purpose:

When you are a direct client, why do we use your data?

In compliance with the duty of information, this privacy policy will apply to the signatories of The Client, with whom there is a contractual relationship, and whose personal data we are responsible for, as said entity has contracted the provision of the service agreed with GLOBAL PLEBERIO SL.

This privacy policy will also apply to those users of the website, and/or direct clients who have personally and directly contracted the training services offered by GLOBAL PLEBERIO SL.

In that case, we process your personal data for the purpose of properly carrying out the commercial, contractual, and professional relationship established between the parties. The Client acknowledges having been informed by GLOBAL PLEBERIO SL and expressly accepts that their personal data (those necessary for the correct functioning of the contractual relationship described here) are processed for the purpose of performing the appropriate maintenance and management of the contracted services and the tasks of information, training, and commercialization of the services offered by GLOBAL PLEBERIO SL, as well as the sending of information by conventional or electronic means that may be of interest within the services provided by GLOBAL PLEBERIO SL. Likewise, it acknowledges having been informed that their refusal to provide the necessary data for the provision of the service and/or billing and collection may imply the impossibility of providing said service.

Additionally, if you, as an interested party, are a participant student in our training courses, your data, as well as the data resulting from the course completed, will be processed by generating a report with the referred results, which will be sent to you under the agreement that binds you to GLOBAL PLEBERIO SL. In addition, the audios generated through the completion of the training course will be stored for the purpose of analyzing the presentations you make, as a result of the training program, in order to train that specific skill. As well as the presentations that the student uploads in pdf, which will be temporarily stored, being the student the only one who can upload, modify, and delete them at any time.

The Client is informed of the use of their data for sending commercial communications that may be of interest to them, by electronic means, about services and products related to those that have been contracted, being able to revoke the purpose described at any time through the email address [email protected].

When you are a web user, with whom we have no contractual relationship, why do we use your data?

On the other hand, and in those cases where there is no previous contractual relationship between the user and GLOBAL PLEBERIO SL, S.L., the purpose of the processing will be to manage the request made through the website, either through a contact form or any other type of online form, or through a request by email. Such request may be, without limitation, the management of a request, the response to a commercial information request, the job application, or, where appropriate, the subscription to company newsletters, as well as any other interaction between the website user and GLOBAL PLEBERIO SL that aims to satisfy the user’s needs. All requested data is necessary to be able to attend to the request.

Likewise, the data provided will also be processed to send you commercial information about news regarding our products and services that may be of interest to you, by postal mail, email, SMS, or any other equivalent electronic communication means.

In case the interested party does not wish this latter treatment, they will have the opportunity to oppose the receipt of commercial communications by not checking the corresponding box in the information or contact form itself, or even by exercising their right to oppose at the aforementioned address.

Retention Period:

The personal data provided will be kept for as long as the contractual or commercial relationship is maintained and during the periods legally established for accounting and tax purposes, or during the validity of the interest for which you are reading this policy (for example, if you have sent a CV, or have subscribed to a newsletter). Throughout this period, the data may be made available to the public administration with competence in the matter, upon request for justified cause.

The personal data provided for the purpose of sending commercial communications will continue to be retained until you revoke your consent, without prejudice to your right to deletion or opposition.

Legitimation:

What is the legitimacy for the processing of your data when you are a direct client?

The legal basis for the processing of your data is your express consent, given once these service conditions have been accepted at your first access to the tool.

Likewise, the processing of your data will be necessary for the execution of the contract established between the parties and under the corresponding legal framework according to the current regulations in tax and accounting matters, conditions that grant, in accordance with the GDPR, the lawfulness of the treatment.

Finally, the sending of commercial communications through electronic means to The Client, about products/services related to those that are the object of the contract, is legitimized in Law 34/2002, of July 11, on information society services and electronic commerce.

What is the legitimacy for the processing of your data when you are a web user, with whom we have no contractual relationship?

On the other hand, and in those cases where there is no previous contractual relationship, the legal basis for the processing of your data is the execution of the commercial relationship in which you are part, so that we can manage, develop, and control your request, and the corresponding commercial relationship.

In this sense, the relationship with the sending of commercial communications by any means, including electronic means – regardless of any contractual relationship, but based on a legitimate interest since you are addressing the entity – the legal basis is the consent requested at the time and freely granted by you. In case of not obtaining your consent, GLOBAL PLEBERIO SL undertakes not to process your data for advertising purposes.

The data can only be used for the purposes set out in the previous section, in accordance with the principles of transparency and purpose limitation.

 RECIPIENTS:

Your personal data will not be disclosed to third parties unless required by law.

There may also be third parties, data processors, who, as a result of the services provided to GLOBAL PLEBERIO SL, S.L., may access your personal data, accessing such data with all the security and confidentiality guarantees provided.

We do not carry out international transfers of your data.

Rights:

Any person has the right to obtain confirmation as to whether personal data concerning them is being processed, and if so, the right of access to their personal data, the purposes of the processing, and the categories of personal data concerned.

Likewise, you will have the right to request the rectification of inaccurate data or, where appropriate, request their deletion when the data is no longer necessary for the purposes for which it was collected; consent has been withdrawn, or you object to the processing; personal data have been unlawfully processed; or they must be erased for compliance with a legal obligation established in European Union law or the law of the Member States.

You may request the restriction of the processing of your data when you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the data; the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but you need them for the establishment, exercise, or defense of legal claims; or you have objected to processing, pending the verification of whether the legitimate grounds of the controller override yours. In such cases, we will only keep the data for the exercise or defense of legal claims.

Under certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. GLOBAL PLEBERIO SL will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.

You have the right to receive the personal data concerning you, which you have provided, in a structured, commonly used, and machine-readable format, and to transmit them to another controller without hindrance from the controller to which the personal data have been provided when the processing is based on consent, or the processing is carried out by automated means.

When data subjects exercise their rights of access, rectification, erasure, and objection, restriction of processing, data portability, and not to be subject to automated individual decision-making, they must notify it by email to the address [email protected].

If you believe that your personal data have not been processed in accordance with the regulations, you can contact [email protected]. Likewise, you may lodge a complaint with the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights, through the electronic headquarters at www.aepd.es.

Source:

The personal data processed at GLOBAL PLEBERIO SL come from the data subject themselves or from interested third parties as stated above.

Additional Information:

Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, authenticity of the Personal Data provided, and undertake to keep it duly updated. Likewise, users guarantee that they are over 14 years of age.

In case personal data are provided by individuals who are not the owners of said data, the user must, prior to their inclusion, inform said individuals of the aspects contained in the preceding paragraphs. In these cases, the user guarantees that the data provided are of individuals over 14 years of age and that the information is accurate and truthful. GLOBAL PLEBERIO SL will be exempt from any liability for the user’s failure to comply with these requirements.

GLOBAL PLEBERIO SL has adopted the levels of security for the protection of Personal Data legally required, and has installed all the technical means and measures at its disposal according to the state of the technology to prevent the loss, misuse, alteration, unauthorized access, and theft of the Personal Data provided.

The user has the confidentiality and duty of secrecy of the employees of GLOBAL PLEBERIO SL and of all those who process the data on behalf and on behalf of the same. Notwithstanding the foregoing, the user is aware of the possibility that the security of communications over the network may not be invulnerable.

3- MISCELLANEOUS

MODIFICATIONS

GLOBAL PLEBERIO SL reserves the right to make modifications it deems appropriate, being able to modify, delete, and include new content and/or services, as well as the way in which they are presented and located.

MINORS

As a general rule, to use the Services of this mobile application, minors must have obtained the prior authorization of their parents, guardians, or legal representatives, who will be responsible for all acts performed through this mobile application by the minors in their care. In those Services expressly indicated, access will be restricted solely and exclusively to individuals over 18 years of age.

DURATION AND TERMINATION

The provision of the services and/or contents of this mobile application has an indefinite duration. Without prejudice to the foregoing, GLOBAL PLEBERIO SL is empowered to terminate, suspend, or interrupt unilaterally, at any time and without prior notice,