Legal terms

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

 

1.       GENERAL CONDITIONS OF USE

 

The purpose of this document is to establish the General Conditions of Use of mobile applications owned by TEAM TRAINING CONSULTING SL (hereinafter TTC) with registered office c / Rosa Chacel 2, 4ºA 28702 San Sebastian de los Reyes (Madrid) and C.I.F. number B84638220 and registered in the Mercantile Register of Madrid, Volume 22,609, Folio 115, Page M-404283.

 

TTC reserves the right to modify these Conditions of Use in order to adapt them to the current legislation applicable at any time. The present Conditions of Use do not exclude the possibility that certain Services of the applications, due to their particular characteristics, are subject, in addition to the General Conditions of Use, to their own particular conditions of use (hereinafter the Particular Conditions). TTC 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 its publication. As a consequence of the foregoing, the User must periodically check if there are changes to these Conditions and, whether there is express consent or not, if the User continues to use the Service after publication, this implies the acceptance and assumption of the same. In case you do not agree with the updates of the Terms of Use or the Privacy Policy, you may resign by not using the Service. The access and download of the application is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive for our clients and their access is restricted. The download and use of the application attributes the condition of user of the same (hereinafter, the 'User') and implies the reading, understanding and acceptance of all the terms and conditions collected hereby.

 

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 his own risk and / or responsibility. The User agrees to use this mobile application and all its content and Services in accordance with the law, morality, public order and these Terms of Use, and the Particular Conditions that, where appropriate, are applicable. Likewise, it undertakes to make appropriate use of the services and / or contents of the mobile application and not to use them to carry out illicit or criminal activities that violate the rights of third parties and / or that infringe the regulation on intellectual and industrial property. , or any other norms of the applicable legal system. In particular, the User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (contained data, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morals, public order and these Conditions of Use and, where appropriate, to the Particular Conditions that apply to it. By way of example, and in no case limiting or excluding, the User agrees to:

 

• Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, that advocates terrorism or that violates human rights.

 

• Do not introduce or disseminate data programs (viruses and harmful software) on the network that could cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.

 

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

 

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

 

• Not transmit unsolicited or authorized advertising, advertising material, "junk mail", "chain letters", "pyramidal structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.

 

• Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

 

• Do not impersonate other users using their registration keys to the different services and / or contents of the Portals.

 

• Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Portals or to third parties.

 

• Not to spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of the communications and the legislation of personal data.

 

• Not to disseminate, transmit or make available to third parties any type of information, element or content of other users or third parties to whom you have had access as a user of the Application.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

 

TTC reserves all rights over trademarks, trade names or other distinctive signs, patents, and intellectual property, with respect to the content and design of the application. All the contents of the same, including without limitation, texts, graphics, images, their design and the intellectual property rights that may correspond to said contents, as well as the trademarks, trade names or any other distinctive sign are property of TTC or , in case it is an application made to a third party, of the property of this, having authorized TTC to use said content even though it is protected by the copyright of the client, being reserved all the rights over the same. The trademarks, trade names or distinctive signs are owned by TTC, without it being understood that the download, access and use of the application gives you any right over the aforementioned trademarks, trade names and / or distinctive signs.

 

EXCLUSION OF GUARANTEES. RESPONSIBILITY

 

TTC does not guarantee at all times the availability of access and continuity of the operation of this mobile application and its services, so that TTC will not be liable, with the limits established in the current Legal System, for the damages caused to the User. as a consequence of the unavailability, access failures and lack of continuity of the present mobile application and its Services. TTC will respond only and exclusively to the Services provided by itself and the contents directly originated by the company and identified with its copyright. Said responsibility shall be excluded in cases in which force majeure causes occur or in cases in which the configuration of the User's devices is not adequate to allow the correct use of the Internet services provided by TTC. The download, access and use of the application in mobile devices or similar, does not imply the obligation on the part of TTC to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

 

Likewise, TTC, as 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 capacities, limitations and constraints of physical devices generate in normal access. and operation of the application. Likewise, it will not be responsible for the potential damages, damages, problems or malfunctions that the continued use of the application could, in its case, produce in such devices, such as heating, battery consumption ...

 

CONDUCT OF THE USERS

 

TTC does not guarantee that Users of this mobile application use the contents and / or services thereof in accordance with the law, morals, public order, or these General Conditions and, where appropriate, the Particular Conditions that result from application. Likewise, it does not guarantee the veracity and accuracy, completeness and / or authenticity of the data provided by the Users. TTC will not be liable, indirectly or subsidiarily, for damages of any kind arising from the use of the Services and Contents of the application by Users or that may arise from the lack of veracity, accuracy and / or authenticity of the data or information provided by the Users, or the spoofing of the identity of a third party made by a User in any kind of action through the present mobile application. Therefore, the use of this application does not imply an obligation on the part of TTC to verify the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. TTC is not responsible for the decisions taken from the information provided through the application or for the damages caused to the User or third parties due to actions based solely on the information obtained in the application.

 

2.       PRIVACY POLICY

 1.- INFORMATION RELATING TO THE CONDITION OF THE MANAGEMENT OF TREATMENT OF TEAM TRAINING CONSULTING, S.L. REGARDING THE PERSONAL DATA THAT AFFECTS THEM.

 

In relation to the personal data contained in the information stored by The Client, he claims to be the person in charge of its treatment, in relation to the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27 of 2016 concerning the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46 / EC (hereinafter, RGPD). Likewise, the parties declare that Team Training Consulting, S.L., as a consequence of the rendering of services to The Client, could have access to information and personal data, responsibility of The Client, as data of its employees. Said access to data will not be considered in any case a transfer of data, but it is manifested in this document that Team Training Consulting, S.L. will be considered as Treatment Manager in any case, so that all data, information and documentation owned by The Client to which Team Training Consulting, S.L. access to the execution of these Service Conditions will be treated in accordance with the provisions of current regulations on data protection.

 

In accordance with article 32 of the RGPD, Team Training Consulting, S.L. undertakes to adopt the necessary technical and organizational measures based on the impact of the treatment, in order to guarantee the security of the data and to prevent its alteration, loss, treatment or unauthorized access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment.

 

Team Training Consulting, S.L. undertakes to process personal data from The Client with the sole and exclusive purpose of providing the services ordered, maintaining due professional secrecy with respect to the data accessed, both during and after its completion, and to demand the same level of commitment to any person that within Team Training Consulting, SL participate in any phase of data processing.

 

In compliance with the provisions of the RGPD, Team Training Consulting, S.L. is obliged to treat the data in accordance with the instructions of the Client, not to use the personal data that comes from the treatments owned by the Client for purposes other than the agreed one, and not to transfer them, not even for its conservation to other natural or legal persons Except for expressly accepted assignments or that are expressly agreed in the future.

 

Additionally, if you, as interested, are a student participating in our training courses, your data will be processed, as well as the data resulting from the course carried out, through the generation of a report with the referred results, which will be sent to you both to you, as to the entity where you work, under the agreement that unites it, with TEAM TRAINING CONSULTING, SL. Likewise, the presentations that the student attaches to the platform in Pdf format will be temporarily stored, being the only student who can freely upload, modify and / or delete these presentations, at any time, given that Team Training Consulting, SL, he will not have access to said presentations, nor will he decide in any way on the use or content thereof, which in any case, will only be used for the exclusive use of the student, whenever he so requires.

 

Likewise, the data provided will also be processed to send operational communications with news about new practices available within the training course hired, in addition to enabling the provision of the contracted service.

Team Training Consulting, S.L. must contract with third parties the provision of part of the service object of these Conditions, as possible external collaborators if they were required to give the contracted training. Team Training Consulting, S.L. guarantees that the relationship with these subcontracted companies will be regulated in contracts analogous to the one regulated in this clause on the processing of personal data under the provisions of the RGPD, when accessing the personal data owned by the Client. Team Training Consulting, S.L. undertakes to sign a contract for the provision of services and confidentiality with each of the subcontracted companies that regulate the services entrusted and that collect the data protection obligations described in this clause.

 

The Client shall have the right, upon request, to know the sub-charges for services that may have occurred. In the event that the Client has any incompatibility with any of the providers that appears in this relationship, he / she may notify Team Training Consulting, S.L. to try to find an alternative solution.

In this sense, the Client is suitably 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 hosted in Europe, an entity with which the corresponding contract for access to personal data on behalf of third parties.

 

Team Training Consulting, S.L. is obliged to destroy or return, at the Client's direction, the data held by Team Training Consulting, S.L. both on computer support and on paper owned by The Client, once the contracted services have been rendered, keeping only in their power those data or information necessary to face possible liabilities that may be required by administrative or judicial means.

 

In case of being provided by the Client as contact data for the development and execution of these Conditions, personal data of third parties, such as, for example, The Client's employees, the latter undertakes to inform the holders of said data of this clause, informing them, prior to said communication to Team Training Consulting, SL, of all the aspects included in it, especially the existence of the treatment, the purposes of the treatment and the possibility of exercising rights at the address included in the following paragraph . In case of not being communicated, the Client undertakes to indemnify Team Training Consulting, SL, for any damage, loss, expense or sanction of any jurisdictional order that could cause the lack of communication of this clause to the holders of The data provided by The Client.

 

The parties undertake to keep the maximum confidentiality and secrecy on the information classified as confidential to which they have access from the other party. Any information that the parties agree to under this contract will be considered confidential information. All information and data that were public domain or that were in the possession of the other party prior to initiating the provision of their services and obtained by lawful means in accordance with applicable law shall not be considered confidential. The obligation of confidentiality contained in these conditions will be indefinite, remaining in force subsequent to the termination, for any reason, of the relationship between the parties. The parties will be responsible for their personnel, collaborators, and in general, all the persons of their responsibility who have access to confidential information, respect the confidentiality of the information, even after the relationship between the parties is finalized, for which they will carry out how many warnings and subscribe as many documents as necessary with these people.

In cases in which the Client is not a Spanish party, and if in application of the Spanish regulations for the protection of personal data, Team Training Consulting, S.L. will treat personal data as the person in charge of the treatment or in charge of treatment, The Client is obliged to transfer to Team Training Consulting, S.L. the obligations that may correspond to it by virtue of the application of the specific regulations of the country of origin of the Client in matters of protection of personal data, exonerating Team Training Consulting, S.L. of any responsibility as a result of the lack of such information.

 

The servers of Team Training Consulting, S.L. They are located in Europe. As a result of the international nature of Team Training Consulting, S.L., the use of software could imply access to information from other countries outside the European Union (EU). Therefore, the Client located in another country not belonging to the EU, expressly authorizes the possible international transfer of data that may occur, depending on its place of origin, and in any case is committed to apply its own current regulations on data protection and to communicate to Team Training Consulting, SL the obligations that may correspond to him as indicated in the previous paragraph, exonerating Team Training Consulting, S.L. of all responsibility.

 

The inclusion of personal data in the tool is the sole responsibility of the users of the same, not being able to hold Team Training Consulting, S.L. of the introduction of special categories of data (sensitive data) in the different modules of the tool or other functionalities, without prejudice to compliance with their obligations as treatment manager, described above. Team Training Consulting, S.L. has applied security measures according to the analyzed risk to the data processing carried out under the indicated premises and any exception to them, will be the responsibility of the final user of Team Training Consulting, S.L., without being responsible to Team Training Consulting, S.L. in any way.

 

2- COMPLIANCE WITH THE DUTY OF INFORMATION FOR DIRECT CUSTOMERS, AND WEB USERS, IN WHICH CASE TEAM TRAINING CONSULTING, S.L. THE STATUS OF PERSON RESPONSIBLE FOR THE PROCESSING OF THE PERSONAL DATA THAT AFFECTS HIM

 

Identity of the Treatment Responsible

- Identity: Team Training Consulting, S.L.

- Address: Calle Fuerteventura 15, 1D, 28703, Madrid

- Telephone: 915713433

- Email: info@teamtraining.es

 

Purpose:

 

Why we use your data when you are a direct customer?

In compliance with the duty of information, this privacy policy will apply to the signatories of The Client, with whose entity there is a contractual relationship, and whose personal data we are responsible for, having contracted that entity the provision of the service agreed with TEAM TRAINING CONSULTING, SL

This privacy policy will also apply to those web users, and / or direct customers who have hired personally, and directly, the training services that TEAM TRAINING CONSULTING, S.L offers.

 

In that case, we treat your personal data in order to carry out, correctly, the commercial, contractual, and professional relationship established between the parties. The Client acknowledges having been informed by Team Training Consulting, S.L. and expressly accepts that your personal data (those required for the proper functioning of the contractual relationship herein) are processed in order to perform the maintenance and proper management of the contracted services and the work of information, training and marketing of the services offered by Team Training Consulting, SL, as well as the sending of information via conventional or electronic means that may be of interest to you within the services provided by Team Training Consulting, SL It also acknowledges having been informed that its Refusal to provide the necessary data for the purpose of providing the service and / or billing and collection may imply the impossibility of providing such service.

 

Additionally, if you, as interested, are a student participating in our training courses, your data will be processed, as well as the data resulting from the course carried out, through the generation of a report with the referred results, which will be sent to you in virtue of the agreement that unites with TEAM TRAINING CONSULTING, SL In addition, you will proceed to store the generated audio through the completion of the training course, in order to analyze the presentations you make, as a result of the training program, in order to train that skill in particular.

 

The Client is informed of the use of their data for sending commercial communications that may be of interest to them, by electronic means, on services and related products with which they have been hired, and may revoke the purpose described at any time to through the electronic address info@teamtraining.es.

 

 

Why we use your data when you are a web user, with whom we are not bound by any contractual relationship?

 

On the other hand, and in those cases in which there is no prior contractual relationship between the user and TEAM TRAINING CONSULTING, SL, the purpose of the processing will be to manage the request made through the web either through the form of contact or any other type of online form, or through a request by email. Such request may be, without limitation, the management of a petition, the response to a request for commercial information, the application for employment or, where appropriate, the registration in company newsletters, as well as any other interaction between the company. user of the web and TEAM TRAINING CONSULTING, SL that tend to satisfy the user's need. All the information requested is necessary to be able to meet the request.

 

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

If the interested party does not wish this last treatment, he will have the opportunity to oppose the receipt of commercial communications, not by marking the corresponding box on the information or contact form itself, or even by exercising his right of opposition at the aforementioned address.

 

Term of conservation:

 

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

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

 

Legitimation:

 

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

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

Likewise, the processing of your data will be necessary for the execution of the contract that was established between the parties and with the corresponding legal protection according to the current regulations in fiscal and accounting matters, conditions that grant, in accordance with the RGPD, the legality of the treatment .

 

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

 

What is the legitimacy for the processing of your data when you are a web user, with whom we are not bound by any contractual relationship?

 

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

 

In this regard, 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 address the entity - the legal basis is the consent that You are requested at the time and You freely grant. If you do not obtain your consent, TEAM TRAINING CONSULTING, S.L. You agree not to treat your data for advertising purposes.

 

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

 

Recipients:

 

Your personal data will not be communicated to third parties, unless the law so requires.

There may also be third parties, responsible for treatment, which, as a result of the services provided to Team Training Consulting, S.L., can access your personal data, making such access with all the guarantees of security and confidentiality provided.

We do not make international transfers of your data.

 

Rights:

 

Any person has the right to obtain confirmation of whether personal data concerning him or her is treated, and in such a case, the right of access to their personal data, for the purposes of processing, and to the categories of personal data in question.

 

Likewise, you will have the right to request the rectification of the inaccurate data or, where appropriate, request its deletion when, the data are no longer necessary for the purposes that were collected; the consent on which the treatment is based or against the treatment has been withdrawn; Personal data have been treated unlawfully; or they must be abolished for the fulfillment of a legal obligation established in the law of the European Union or of the Member States.

You can request the limitation of the processing of your data when, challenge the accuracy of the personal data during the period that allows the responsible to verify the accuracy of the same; the treatment is unlawful and the interested party opposes the deletion of personal data and requests instead the limitation of its use; the person in charge no longer needs the personal data for the purposes of the treatment, but the interested party needs them for the formulation, the exercise or the defense of claims; or the interested party has opposed the treatment, while verifying if the legitimate reasons of the person in charge prevail over those of the interested party. In such cases, we will only keep the data for the exercise or defense of claims.

 

In certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. Team Training Consulting, S.L. will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.

                                                                                                

In the event that personal data are provided by persons who do not own them, the user must, prior to their inclusion, inform said persons of the points contained in the preceding paragraphs. In these cases, the user guarantees that the information reported is over 14 years old and that the information is accurate and truthful. TEAM TRAINING CONSULTING, S.L. will be exempt from any responsibility for the breach by the user of these requirements.

 

TEAM TRAINING CONSULTING, S.L. has adopted the security levels of protection of the Personal Data legally required, and has installed all the means and technical measures available according to the state of the technology to avoid the loss, misuse, alteration, unauthorized access and theft of the Data Personal facilitated.

 

The user has the confidentiality and duty of secrecy of the employees of TEAM TRAINING CONSULTING, S.L. and of all those who treat the data in the name and on behalf of the same. Notwithstanding the foregoing, the user is aware of the possibility that the security of communications over the network is not invulnerable.

3.       VARIOUS

 

MODIFICATIONS

 

TTC reserves the right to make the modifications it deems appropriate, may modify, delete and include new content and / or services, as well as how they are presented and located.

 

UNDER AGE

 

In general, to use the services of this mobile application minors must have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts performed through this mobile application by minors under their care. In those Services in which it is expressly indicated, access will be restricted only and exclusively to those over 18 years of age.

 

DURATION AND TERMINATION

 

The provision of services and / or contents of this mobile application has an indefinite duration. Notwithstanding the foregoing, TTC is entitled to terminate, suspend or interrupt unilaterally, at any time and without notice, the provision of the service and this mobile application and / or any of the services, without prejudice to what would have been arranged in this respect in the corresponding particular conditions.

 

LAW AND JURISDICTION    

 

The issues related to the Terms of Use and Privacy Policy, as well as all issues that are and are related in part or in full to the services provided through the application, are governed in each and every one of its ends by the Spanish law, expressly renouncing the parties to the jurisdiction that corresponds to them, and submitting to the Courts and Tribunals of Madrid capital.

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