Spanish English

Privacy Policy and APP Conditions of Use

Privacy Policy

As defined by Ley Orgánica 15/1999, de Protección de Datos (LOPD) [Organic Law 15/5999 on Data Protection], personal data is deemed as “any information related to identified or identifiable individuals”.

The only personal data that MISTER WABI TECHNOLOGIES, S.L. [LLC] shall have access will be those willingly supplied through the SYNCARDS app.

In compliance with existing rules, SYNCARDS has taken all the technical and organizational measures required to maintain the safety level related to personal data. Additionally, it is equipped with the necessary mechanisms to avoid unauthorized access to the extent possible.

Additionally, you are given notice that in accordance with LOPD, data supplied through the SYNCARDS APP or any other means thereof shall be part of an ownership file of MISTER WABI TECHNOLOGIES, S.L. [LLC] (“Data Controller”), domiciled at Calle Alonso Heredia, 29 – 2ºD, Madrid, Spain. Management of these files shall be subjected to LOPD and its developing rules.

Personal data provided by you shall be part of a file that will be used to provide the SYNCARDS service, as well as solving any user search, and send information related to SYNCARDS activity.

Additionally, you are given notice that should you register as a public profile user, any individual registered or unregistered, may access said information. Likewise, any registered user may communicate public data in its network to third parties. SYNCARDS shall not be liable for said communication.

During the register process, you will be able to choose which data you wish to be public, considering the rest of the data private by default. However, in any moment you can access your account configuration and modify the related parameters, as well as activating or deactivating specific data you want to be public to users when accessing your profile. In addition, while configuring your account, you can modify your profile data, and choose whether you want your profile to be accessed by all users, only friends or only you.

Additionally, we inform you that your account is entitled to rights of access, rectification, and cancellation, as well as the possibility to revoke consent by sending an email to: contact@syncards.com. The request shall include name, last name, address, right that is being requested and content of the request.

The User agrees to keep all data supplied to Data Controller duly updated. Proprietor shall be liable for damages suffered by SYNCARDS or any third party as a result of misrepresentation, inaccuracy, lapse of term, and lack of authenticity of supplied data.

Should the user make use of SYNCARDS tools to contact unregistered users, SYNCARDS shall manage said data only for the purpose requested by the SYNCARDS user. Unregistered users are entitled to rights of access, rectification and cancellation that can be requested via email to contact@syncards.com.

App Conditions of Use

The General Conditions of Access and Use herein regulate access, navigation and use of the web www.syncards.com, henceforth the Web, held by MISTER WABI TECHNOLOGIES, S.L. (henceforth SYNCARDS), company established by virtue of Spaniard law, whose registered address is calle Alonso Heredia, 29, 2ºD, Madrid, CIF [Company Tax Code] B65688715 and registered at Registro Mercantil de Barcelona [Barcelona Commercial Registry], Volume 42879, Folio 65, Page: 417227.

In case you want to contact SYNCARDS, you can write to the address provided hereinbefore or to our P.O. Box or via email to contact@syncards.com.

Use and access of the APP implies the condition of User, which implies acceptance of the General Conditions of Access and Use herein published in the version accessed at the time. Should you disagree with said term, you shall refrain from accessing the page or using the services rendered through it.

The General Conditions of Access and Use of the APP herein are ruled by the principle of legality and of good faith. The User shall commit to use the APP, as well as any information or services provided in accordance with the law, ethical and moral standards and public policy. Unauthorized use of the information in this web, touting thereof, as well as damages to third parties shall give rise to liabilities laid down by law.

SYNCARDS reserves the right to modify at any time and without previous notice, the presentation and configuration of the APP, as well as the General Conditions of Access and Use. Herefrom, SYNCARDS advises the User to read the General Conditions each time the APP is used.

Access to certain Contents offered via APP can be subjected to special conditions that in certain cases substitute complement and/or modify the General Conditions herein. Therefore, before accessing and/or using said Content, the User has to read carefully the corresponding special conditions. In case of disagreement between the General Conditions of Access and Use herein and the special conditions for each specific service, the latter shall prevail.

The User acknowledges and accepts that in order to ensure the correct functioning of the APP, or any of its functionalities, it might be necessary to access via www.syncards.com through the links included in the APP for this purpose, as well as granting access and synchronization between the APP and the data stored by the user in the device in which the APP is installed, such as agenda, images, calendar, etcetera.

The user shall be solely liable for the content and/or data added, sent and used through the APP and guarantees to have all necessary licenses, rights, consents and permissions to add, send and/or use said content and/or data through the APP. Likewise, the user acknowledges and accepts that all information and/or content accessed through the APP is solely for personal and non-transferrable use.

Complete or partial conveyance to third parties of any kind and means of information and/or content accessible by the user through the APP, as well as any incorrect, degrading or insulting comment against SYNCARDS, or to any user and/or third parties are banned. SYNCARDS reserves the right to withdraw comments, judgments, opinions or contents made by Users that violate rules in force and/or damage rights of third parties and/or add incorrect, degrading, libelous or insulting comments, as well as the cancellation of accounts whose users violate the APP use conditions herein.

The APP includes forums, blogs, chat rooms, sections and/or parts where you can add your observations and comments regarding specific subjects. SYNCARDS does not ensure that other members will not use the ideas and information shared by every user.

SYNCARDS takes no responsibility for wrongful use or misappropriation of contents or information published in forums, blogs, chat rooms, sections and/or parts nor for opinions made by users in said forums.

By accepting the APP Conditions of Use herein, the user grants SYNCARDS the right, non-exclusive, irrevocable, free of charge, without territorial or time limitation, with power to convey to third parties; to reproduce, to publicly communicate, as well as setting out, distributing and transforming all the information and/or content directly or indirectly supplied by the user to SYNCARDS or made available through the APP. Herefrom, SYNCARDS reserves the right to use, reproduce, modify, translate, convey or distribute any information, opinion, comment and/or content supplied by the user through the APP, for any possible use thereof, including commercial use, without need of any additional consent, notice or compensation to the user.

In compliance with provisions made by section 21 of the Ley de Servicios de la Sociedad de la Información [Act governing information society and electronic commerce services], SYNCARDS may send by email or any other analogue means advertising information related to SYNCARDS activity.

Registered Users

Services offered through the APP are reserved for registered users. Whoever wants to register to the APP must fill the register form through the APP and/or through the form found on the website, www.syncards.com.

SYNCARDS agrees to manage and process all data from registered users in compliance with the privacy policy mentioned hereinbefore.

The user agrees to supply truthful, exact and complete data, as well as to update all supplied data with aims to keep their truthfulness, exactness and completeness.

Once registered, you will be provided with a password to access the APP, the user commits to take care of it and use it diligently, as well as to communicate immediately to SYNCARDS any event, such as robbery, theft, unauthorized access that enables the wrongful use thereof, in order to immediately cancel it. SYNCARDS shall not be liable for any consequence arising from wrongful use of the access passwords.

Each user password is non-transferrable and must not be used by third parties in order to avoid identity theft.

The register process is deemed as a legalization of a legally binding contract between SYNCARDS and the user, in compliance with the terms of the Conditions of Use herein.

The registered user acknowledges having read and understood the terms and conditions of these register Conditions and accepts to comply with its provisions, and acknowledges having read and accepted the privacy policy.

Before formalizing the register, users must consider and decide the degree of exposure of public information towards the SYNCARDS community, without notifying to SYNCARDS or any other user information which disclosure might be harmful to other users.

Each user claims and ensures to be over 18 years and not a competitor of SYNCARDS.

Enterprise account Users

Enterprise accounts are accounts specifically designed for companies, and lets its administrator create group of users that belong to said company, granting each of its member a specific account to access and use the SYNCARDS webpage and APP.

The administrator is authorized to create as many accounts as the subscription provides, as well as to access all information and/or content directly or indirectly created or obtained by each of the users belonging to said Enterprise account.

The administrator of the Enterprise account shall be solely and exclusively responsible of notifying the users dependent of the account about said facts, as well as obtaining their consent to access and manage all information and/or content supplied and/or obtained through said user accounts.

In any case, SYNCARD shall notify users of an Enterprise account that their data might be used by the administrators of the Enterprise account. Under no circumstance shall SYNCARD be liable for the possible use of the information made by the administrators of the Enterprise account.

SYNCARDS shall notify the administrator of an Enterprise account of any incident related to the accounts, such as cancellation by a user or data modification.

SYNCARDS shall manage data, both from the administrator of the Enterprise account as well as from the users of said account, in accordance with the Privacy Policy.

Intellectual and Industrial Property Rights:

SYNCARDS is sole and exclusive proprietor of intellectual property rights, trademarks, images, texts, designs, animations, programming and web design or any other content or element of the APP, or in any case, has the necessary permissions or licenses for its use. Any act of reproduction, distribution, public communication, transformation, as well as any other kind of exploitation of the whole or part of the contents or elements, carried out under any form or way, shall require previous and written consent of SYNCARDS, or its proprietor.

Additionally, all distinctive features on the APP are property of SYNCARDS or have corresponding licenses and are duly registered. Its reproduction or distribution without previous and written consent of the proprietor is forbidden.

Access and navigation through the APP shall not be construed as waiver, conveyance, license nor complete or partial cession of rights mentioned hereinbefore by SYNCARDS or the proprietor of the corresponding rights.

Links:

SYNCARDS might include links in this APP to other webpages or resources managed by third parties other than SYNCARDS, including the advertisers. SYNCARDS has not checked all webpages linked to this APP and is not liable for the content or truthfulness of said external webpages neither for the availability of said external webpages or resources; and does not accept or takes responsibility, directly or indirectly, for the privacy policies or content of these pages, including (unrestrictedly) any advertisement, product or other material or service of the webpage or available in said pages or resources, nor for damages, loss or infringement caused, or allegedly caused, for using, or related to the usage or depending on said content, goods or services available in the external webpages or resources mentioned herein.

Limitation of liability:

SYNCARDS has taken necessary measures to ensure the correct functioning of the APP. However, SYNCARDS shall not be responsible for webpage unavailability at any given time, whether for technical causes, system maintenance, interference, internet service provider interruptions or any other cause or flaw produced regarding access, functioning and effectiveness of the APP or its services, as well as interruptions, suspension or malfunctioning external to SYNCARDS.

SYNCARDS does not ensure that the content of the APP is updated, complete or exact or that the content is free of flaws, mistakes and/or virus. Under no circumstance shall SYNCARDS be liable for any damage caused by users or third parties when using the APP.

Under no circumstance shall SYNCARDS be liable for any direct or indirect damage arising as a result of using the APP, by way of illustration and not limitation, infringement of rights of third parties, incidental damages, loss of benefits, or damages caused by loss of data or malfunctioning.

SYNCARDS shall not be liable for the truthfulness of the information input by its collaborators, clients and/or users of the APP of said information, whether while using the APP as well as once use has ceased or users have been deleted. SYNCARDS shall not be liable for contributions, opinions, judgments, commentaries or content supplied by collaborators, clients and/or users through any of the available mechanisms that infringe rules in force and/or damage rights of third parties; and does not necessarily agree with supplied opinions and content. Collaborators, clients and/or users who infringe these rules shall be liable for.

The user shall hold free and harmless SYNCARDS from any liability arising of third parties’ claims regarding infringement of rights caused by using the APP.

Applicable Law and Jurisdiction:

The General Conditions of Access and Use herein are ruled by Spaniard Law. To hear on any facts in issue or dispute, the Courts and Tribunals of Madrid shall be competent, and the parties expressly waive any other jurisdiction to which they may be entitled.

App Use License

SYNCARDS Use License

The License agreement herein, made between you (henceforth licensee) and MISTER WABI TECHNOLOGIES, S.L. [LLC] (henceforth SYNCARDS), is applicable to the use of the app SYNCARDS and any documentation attached thereto (henceforth SYNCARDS).

Before installing SYNCARDS, read carefully the agreement herein, since installing entails complete acceptance without reserves of each and every term gathered in the agreement herein. If you do not agree with these terms, do not install the application. At any rate, acceptance of these terms ascribes the condition of licensee, although it does not grant any right over SYNCARDS that is not listed herein.

IDENTIFICATION OF THE PARTIES

Party of the first part, MISTER WABI TECHNOLOGIES, S.L. [LLC], sole and exclusive proprietor of existing rights over SYNCARDS, company established by virtue of Spaniard law whose registered address is calle Alonso Heredia, 29, 2ºD, Madrid, CIF [Company Tax Code] B65688715 and registered at Registro Mercantil de Barcelona [Barcelona Commercial Registry], Volume 42879, Folio 65, Page: 417227.

Party of the second part, the LICENSEE, whose information has been supplied by himself in the register and clearance forms. All data of said forms have been directly input by him, herefrom, rendering him directly and exclusively liable for the truthfulness thereof.

GRANT OF LICENSE

SYNCARDS hereby grants the Licensee a non-exclusive, non-transferrable and limited license to use SYNCARDS, during the term of its copyright and according to the term and conditions detailed herein.

The licensee might use SYNCARDS in as many devices as he deems convenient. However, the Licensee acknowledges and accepts that said use cannot be carried out simultaneously in more than one device.

The License herein does not grant any right to obtain future versions, updates or complements of SYNCARDS. However, if updates, new versions or complements of SYNCARDS were obtained, usage of said new versions or updates shall be ruled by the agreement herein and any modification thereof, unless there were other conditions for new versions, updates or complements, in which case said conditions shall apply.

INTELLECTUAL PROPERTY

The Licensee acknowledges that all intellectual property rights of SYNCARDS, including software and all documentation hereto, images, text, drawings, as well as any other product or work that might be included, are exclusively and solely property of SYNCARDS, or suppliers who have granted SYNCARDS its right to exploit.

The Agreement herein does not grant the Licensee any right over SYNCARDS, beyond that of use, subject to revocation in accordance to the provisions herein made.

The Licensee might use SYNCARDS like any other product protected by copyright, and might make a back-up copy of SYNCARDS, to the extent necessary for its use, provided said copy includes notice to SYNCARDS and, where relevant, its suppliers.

Loss, by any cause, of SYNCARDS or its back-up copy shall not entitle the licensee to reclaim its restitution neither any other kind of compensation.

In case of infringement of rules in force on intellectual and industrial property, SYNCARDS can resort to any remedy deemed convenient to safeguard its interests.

Under no circumstance shall SYNCARDS be liable for third parties copyright infringement arising from the use of SYNCARDS by the licensee opposite to provisions or instructions by SYNCARDS.

RESTRICTIONS

It is hereby forbidden any partial or complete reproduction, even for personal use, of SYNCARDS and of all the documentation attached thereto, through any means or in any form, whether it be permanent or transitory that is not necessary to use SYNCARDS by the licensee according to the provisions herein.

It is also forbidden to translate, adapt, arrange or transform SYNCARDS or any other of its components and/or copies. Particularly, the Licensee shall not be able to modify and/or manipulate completely or partially the software that constitutes SYNCARDS, as well as any other documentation or material attached; it is also forbidden to use completely or partially SYNCARDS to create their own product, versions and/or any other kind of work derived from SYNCARDS, neither to license, sub-license or convey in any form, by way of illustration but not limitation, sale, let, loan or any other kind of distribution complete or partial of SYNCARDS without written consent of SYNCARDS.

Under no circumstance shall the Licensee be able to carry out reverse engineering, break down, disassemble or translate the software or any other component of SYNCARDS.

OPERATING SYSTEM

SYNCARDS is conceived and prepared to work in devices with Android OS, and shall work for iOS devices that have internet access and meet the following technical specifications:

- Internet connection, whether Wi-Fi (wireless) or data plans.

-6mb storage capacity in the phone/device in case it runs on Android®.

-Has Google Play Store® installed and/or browser that grants access to it to download the app.

SYNCARDS shall not be liable for malfunctioning of SYNCARDS in case these required configurations are not met or are completely or partially modified.

WARRANTY AND LIABILITY

SYNCARDS warrants the correct functioning in accordance to specifications detailed herein and, especially, that it meets all necessary functionalities to manage and exchange visiting cards between SYNCARDS users. SYNCARDS does not warrant the APP is free of errors neither its uninterrupted functioning.

The Licensee User acknowledges and accepts that in order to ensure the correct functioning of the APP, or any of its functionalities, it might be necessary to previously register on www.syncards.com or on the APP, as well as granting access and synchronization between SYNCARDS and all the information and other content included in the device in which the APP is installed.

The Licensee shall be solely and exclusively liable for said register. Similarly, the Licensee shall be solely liable for the content and/or data added, sent or used via SYNCARDS and asserts to have necessary licenses, rights, consents and permissions of use to add, send and/or use said content and/or data via SYNCARDS.

Under no circumstance shall SYNCARDS be liable for any direct or indirect damage arising as a result of using the APP, by way of illustration and not limitation, infringement of rights of third parties, incidental damages, loss of benefits, or damages caused by loss of data or malfunctioning.

The user shall hold free and harmless SYNCARDS from any liability arising of third parties claims regarding infringement of rights caused by using the APP.

SYNCARDS shall not be liable for functioning errors or damages caused by noncompliance of typical duties of every user, such as: making back-up copies of files generated by continuous use, correct installation of SYNCARDS and of the device, good condition of the device, controlling the access to SYNCARDS in order to avoid handling by unauthorized or inexperienced individuals, virus and faulty programs prevention, as well as any other reasonable measure.

SYNCARDS shall not be liable for flaws that might cause malfunctioning, neither be bound by commitments or promises made by individuals external to the company, nor by wrong expectations regarding the functioning of the program.

In any case, the licensee accepts that SYNCARDS constitutes a work tool meant to complement but not substitute human labor, herefrom liability of SYNCARDS for damages directly chargeable to the program shall limit to the price thereof.

LENGTH OF CONTRACT

The License herein shall take effect once the Licensee finishes installing SYNCARDS and shall extend through the duration of the copyright of SYNCARDS, that is, until it becomes of public domain.

SYNCARDS reserves the right to terminate the Agreement herein, should the Licensee breach any of the terms gathered herein, by way of illustration but no limitation, wrongful or fraudulent use of SYNCARDS, in which case the Licensee agrees to delete every copy of SYNCARDS and the corresponding documentation he might have, without entitling the Licensee to any right.

JURISDICTION AND APPLICABLE LAW

The Agreement herein shall be ruled in accordance to Spaniard law and applicable European rules.

Should any provision of the license herein were illegal, it shall be deemed null without rendering the license completely null.

In case doubts and/or divergence arose regarding interpretation and/or effects, parties agree to settle any disagreement or dispute before the Courts of the city of Madrid. The parties expressly waive any other jurisdiction to which they may be entitled.

Failure to claim by any part to exercise any of their rights herein granted or failing to file an action against the opposite party in case of breach of provisions herein established shall not constitute a waiver of said party regarding future claims to exercise their rights or filing an action in case of future breaches.

© Misterwabi Technologies S.L. 2015 Misterwabi