App General Conditions

VISUALEO APP GENERAL CONDITIONS AND TERMS OF USE

Version 01 February 2021

  1. DEFINITIONS

In addition to any other definition provided in these General Conditions, the following capitalized terms shall have the meaning indicated below:

“Application”: refers to the “software” application for “smartphone“ devices named Visualeo, property of Visualeo Verifications, S. L, available on the platform owned by Apple Inc. with name ”AppStore“, and the platform belonging to Google Inc named ”Google Play Store”.

“Visualeo” or “Company”: refers to Visualeo Verifications, S. L., a company duly organized and existing under the laws of Spain, with registered office at Calle del Príncipe de Vergara, 43, 28001 Madrid and Tax ID (CIF) B87929154. The company provides its own customers with a remote visual verification service using mobile technology, by means of «crowdsourcing».

“Verifier”: refers to the user who, after completing the registration process included in the Application and accepting this Agreement, is hereby authorized to use the Application in accordance with this Agreement.

“Web”: refers to Visualeo web pages: www.visualeo.com.

  1. OBJECT

2.1 This Agreement governs the contractual relationship between Visualeo and the Verifier (hereinafter collectively referred to as the “Parties” and individually the “Party”) that takes place through use of the Application.

  1. REGISTRATION

3.1 Verifiers wishing to use the Application must complete the registration process available in the same Application, providing, among other things; Full name, mobile phone number, a valid e-mail address, ID, city of residence and date of birth.

The Verifier shall maintain their e-mail address and mobile phone number up-to-date. 

3.2 The Verifier is responsible for the accuracy of the information and personal data provided during the registration process. The Verifier should immediately inform Visualeo of any changes to the information or personal data provided during the registration process or update it immediately, if possible, so that such information and personal data is always current, complete, and true. In the event that false information or personal data has been provided, or Visualeo has reasonable suspicion of the same, Visualeo shall reserve the right to prevent the Verifier from using the Application.

3.3 Use of this Application is reserved for those subjects considered to be of legal age under the applicable laws, who do not act as consumers in accordance with current regulations, and is subject to full acceptance of the Terms and Conditions of this Agreement.

  1. ACCEPTANCE, DURATION, AND AMENDMENTS

4.1 The Verifier is obliged to:

(i) carefully read this Agreement, any modifications that Visualeo may make to the same or any special additional Terms and Conditions, the Information Notice on Data Protection and any other term or condition of the Agreement, as and when they are published on the Website and App, including those that are displayed on the “Smartphone” device itself during the registration process on a certain screen of the Application; and

(ii) accept these Terms and Conditions by selecting via “click” the box identified by the comment “I accept”.

4.2 This Agreement shall commence on the day the Verifier completes the registration process and shall remain in force until terminated by Visualeo or the Verifier in accordance with this Agreement.

4.3 The Controller expressly authorises Visualeo to send this Agreement to their own e-mail address (provided in the registration phase), including via links to the relevant pages of the Website, as well as the corresponding General Terms and Conditions, any special conditions, the Information Note regarding the Data Protection and all amendments implemented at any time and all communications relating to the execution of the Agreement.

4.4 Visualeo reserves the right to make, at its sole discretion and at any time, unilateral amendments to any term or condition, general or particular, of this Agreement (the “Amendments”), by notifying users on the Website or via e-mail, with a notice period of fifteen days or the maximum notice established by the legal provisions applicable at any time, and providing that the Amendments are necessary in order to adapt the Agreement to mandatory legal provisions, or to meet unexpected technical or organizational requirements by Visualeo or for implementation of protection measures carried out in order to grant greater guardianship to Visualeo or greater security to the Application in respect to misuse by the Verifier, customers, or third parties.

4.5 The Amendments will enter into force and will be effective for the Verifier as soon as they are published on the Website and App, after due notification from Visualeo to the Verifier has been sent to the e-mail address provided by the Verifier themselves, or by any other technical means available at any given time.

4.6 Use of the Application and related features at any time following the entry into force of the Amendments, in accordance with the above provisions of paragraph 5.5, shall constitute acceptance of the Amendments by the Verifier.

4.7 The Verifier shall have the right to terminate this Agreement by means of notification sent to Visualeo, in accordance with the provisions of this Agreement, within fifteen days of the entry into force of the Amendments. In the event that Visualeo requires Amendments to be accepted by the Verifier (whether in writing, by any other equipollent form in accordance with the law, or via any other mode), if the Validator does not accept such Amendments, as required prior to the entry into force of the Amendments or within a different time frame indicated by Visualeo, this Agreement shall be deemed resolved from the date of entry into force of the Amendments. Following the entry into force of the Amendments, the Verifier shall have the power to verify the current text of this Agreement on the corresponding Website.

  1. IMPLEMENTATION OF THE APPLICATION

5.1 Visualeo makes the Application and all related features available according to the terms established in this Agreement.

5.2 Visualeo may, without assuming any responsibility towards the Verifier or towards third parties:

  1. a) modify the characteristics of the Application, after having previously notified the Verifier;
  2. b) suspend the Application for technical reasons such as repairs, maintenance, updates, or for reasons of urgency;
  3. c) give the Verifier the instructions it deems necessary for reasons of integrity, security, or quality of the Application offered by Visualeo to the Verifier or to third parties.

5.3 The Verifier must be equipped with a ”smartphone” suitable for using the Application, with suitability referring to a device running the latest operating system, without prejudice to the provisions of paragraph 10.4 (d). The “Smartphone” device must be connected to the internet and be used in accordance with the instructions and security procedures specific to those devices. The Verifier is aware that the use of some features of the Application require a connection to mobile broadband. Therefore, if the Verifier wishes to use mobile broadband via the transmission of data from their own telephone operator, this will incur the costs foreseen by their telephone contract, without being able to hold any credit against the Company.

5.4 The Verifier is responsible for their own actions and omissions and for any breach of the Terms and Conditions of this Agreement, including any instructions given by Visualeo pursuant to paragraph 6.2. letter c).

5.5 Visualeo reserves the right to make frequent changes to the Application, adding, cancelling, or modifying one or more parts of it as it deems appropriate and does not guarantee that one element or more of the Application will be or will remain available and accessible at all times. Unless expressly provided otherwise, the introduction of any variation to the Application that transforms its use from its current form, as well as the offer of new services, will be governed by this Agreement and by its possible Amendments or integrations, communicated on a case-by-case basis to the Verifier.

5.6 The Verifier acknowledges and agrees that the Application and related features are granted “as is” and “as available” at that time (“as is”). Therefore, Visualeo does not assume any responsibility in relation to the punctuality, permanence, cancellation, lack of delivery, or storage of contents, or regarding any communication or personalization made by the Verifier or the malfunction of the same.

5.7 Visualeo reserves the right to suspend, modify, disconnect, or cancel, at its unquestionable judgment, any function of the Application, in whole or in part, without any notice or further notice established by the legal provisions that are of application, by means of notification via the Web and/or in the Application, all this without prejudice to the right of the Verifier to terminate the Agreement in accordance with the provisions of the following art.12.

The Verifier agrees that Visualeo cannot, under any circumstances, be held liable to the Verifier or to third parties for any modification, suspension, disconnection, or cancellation, in accordance with the provisions of the preceding paragraph.

  1. SECURITY

6.1 The Verifier is responsible for any activity carried out through its Verifier account and will be liable for damages caused by improper use of their access credentials by third parties.

6.2 The Verifier must immediately inform Visualeo when there are reasons to believe that third parties have had access to their Verifier account

6.3 Visualeo reserves the right to suspend the Verifier’s account when it considers that there has been, or there is likely to be, an unauthorized use thereof. Similarly, Visualeo may suspend the Verifier’s account in the event of violation by the Verifier of the provisions contained in the Agreement.

  1. USE OF THE APPLICATION

7.1 The Verifier must not exploit or use the Application, or any content derived from it, to cause damage or prejudice to the interests, including those of Visualeo or third parties.

7.2 Visualeo does not guarantee that the Application will meet the requirements, quality, or results expected by the Verifier or that it will operate without interruption, according to the indicated characteristics, or without errors.

7.3 Visualeo assumes no responsibility in relation to personal data, information, or other content sent through the Application. The Verifier shall be solely and exclusively responsible for any content you upload or submit through the Application.

7.4 The Verifier acknowledges and agrees that all content transmitted privately through the Application is within the sphere of responsibility of the persons from whom such content originates. The Verifier is therefore obliged to evaluate and bear all risks associated with the use of such content.

7.5 The Verifier accepts that Visualeo has the right to memorize the content originating from the Verifier and to disclose this content to third parties in order to comply with legal obligations, to respect orders coming from public authorities (including the judicial authority), to defend itself against appeals of infringement of third party rights related to its contents, as well as to safeguard the rights of Visualeo, of the Customer, or the other Verifiers, in accordance with the law and this Agreement.

7.6 External Clients may provide “links” to other web pages or other web resources. The Verifier acknowledges and agrees that Visualeo may, in no case, be held responsible, directly or indirectly, for the content of such web pages or web resources and, therefore, for any damage suffered by the Verifier in relation to them.

7.7 The Verifier must not use the App and the Website in a manner that may infringe upon:

  1. a) the terms of any legislation, instruction, directive, legal or regulatory provision issued by any competent authority which is applicable to the Verifier or,
  2. b) any instruction given by Visualeo in accordance with the provisions of paragraph 6.2, letter. c).

7.8 The verifier undertakes to use the Application and the site, its contents, and services, in accordance with current legislation on the subject, good practice and public order, as well as the provisions established in the legal notice, Privacy Policy and these Terms of Use.

Because of the above, they cannot be used by the Verifier for:

  1. collecting information or other content without having the right to do so in accordance with the law or an agreement (for example, classified information according to the law or at the will of the parties);
  2. causing disturbance, discomfort, or nuisance in the place where a Task is carried out or for spreading false and/or insulting news and/or information;
  3. sending, disseminating, uploading, downloading, or in any other way, disseminating or exchanging, with intent or fault, any material that contains viruses or other codes, files, or programs designed to destroy, interrupt, or limit operation of the Application or Website;
  4. exercising “spamming”, “phishing”, or other similar activities against the Web;
  5. falsifying their identity or making third parties believe facts that do not conform to reality, for example, presenting themselves to third parties as a representative of Visualeo or lying about their relationship with third parties;
  6. collecting, storing, or processing personal data from third parties in violation of legal regulations;
  7. carrying out “reverse engineering” practices, including decompilation, decryption, or any other activity, or attempting to modify or, in any case, intervene in the graphics, internal logic, structure, operation (including algorithms and source codes) of the Application and any other software or element provided by Visualeo that is functional to the use of the Application;
  8. attempting to obtain unauthorized access to the Web or resources associated with the Web, or to obtain services or information that Visualeo, unintentionally, has not made available on the Web or through it;
  9. accessing, acquiring, copying, or monitoring any part of the Web or the Application, through techniques such as “deep-linking” and “data scraping” (except in cases previously consented to or established by Visualeo and provided that said activities are carried out in accordance with this Agreement and via “spider” or other devices, programs, methodologies, or automatic algorithms), or using similar or equivalent manual processes;

Therefore, the Verifier is obliged to make proper use of the website in accordance with law 34/2002, on services pertaining to the information society and electronic commerce and will be liable for any damage that may be caused as a result of the breach of said obligation.

  1. committing acts prohibited under any applicable law;

7.9 Visualeo does not exercise any preventive control or, subsequently, any surveillance activity in relation to the Task Requests made by External Clients. Without prejudice to the foregoing, Visualeo reserves the right to remove from the Website and App, without prior notice, Task Requests, Task Information and any other published content, when it has knowledge that they violate or may violate the provisions of this Agreement, mandatory legal rules, or the rights of third parties, or when Visualeo considers, in good faith and under its unquestionable judgment, that such information or content violates the provisions of this Agreement or the legal ones, or when the disapproval or removal of such information or content is, in any case, necessary for:

(i) complying with legal provisions or public authorities in accordance with provisions of law;

(ii) preventing or stopping any violation of this Agreement or the law or to enforce your own rights under this Agreement or to protect against third party claims that your rights have been violated;

(iii) protect the rights of Visualeo or the rights of third parties.

By virtue of the foregoing, Visualeo will not be held responsible in any way in the event that the contents are illegal or violate, in any way, the mandatory rules of law or the rights of third parties.

7.10 Visualeo will also have the right to include, at its sole discretion, its own brand, commercial name, logo, ideogram, or other distinctive feature whose subject matter is Visualeo, as well as advertising “banners”, “hyperlinks” or other forms of advertising, either within each web page, on the Web, or within the contents derived from the use of the Application.

7.11 The Verifier shall hold Visualeo harmless from any claim or legal action brought or threatened against Visualeo by third parties as a result of a violation of this Article 8 or a violation of any other provision of this Agreement. Visualeo shall inform the Verifier of any such claims or actions and shall keep the Verifier informed of the progress of such claims or actions.

  1. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual and industrial property rights pertaining to the content of this website, its graphic design, its source code, graphic design, logos, texts, graphics, illustrations, photographs, and other elements that appear, are owned by the company Visualeo and are subject to intellectual and industrial property rights protected by national and international legislation in force at all times.

8.2 It is strictly forbidden to use any elements subject to industrial and intellectual property for commercial purposes as well as their reproduction, distribution, modification, alteration, or decompilation beyond what the content syndication formulas allow. The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable in accordance with articles 270 et seq. of the Penal Code.

8.3 However, Visualeo grants the Verifier a free, revocable at any time, non-exclusive, personal and non-transferable license for the use of the Application and all related functions.

8.4 The Verifier is expressly prohibited from copying, modifying, creating work or tasks derived from, or based on, the content of the Application and all related functions.

  1. LIMITATION OF LIABILITY

9.1 Visualeo is not liable to the Verifier, neither as a contractual liability in the cases provided for in clause 10, nor for wrongful acts (even if it is the result of minor negligence). Cases in which Visualeo is liable for intent and gross negligence are excluded, within the limits in which such liability cannot be excluded in accordance with applicable laws.

9.2 Visualeo assumes no responsibility of any kind in relation to the accuracy, completeness, or suitability for any purpose of any content on the Website or the Application.

9.3 Visualeo is not liable to the Verifier, neither contractually nor for wrongful acts (including negligence but excluding cases of intent and gross negligence) or otherwise, for Tasks belonging to other telecommunications providers or Internet service providers or for defects or faults attributable to their facilities (e.g. loss of connection).

9.4 Visualeo shall not be liable to the Verifier for any loss or damage that the Verifier itself may suffer, directly or indirectly, as a result of:

  1. a) any amendment that Visualeo may make to the Application or the Website due to technical, commercial, or organizational requirements or for any interruption (temporarily or permanently) of the availability of the Application or the Website;
  2. b) failure by the Verifier to send true and correct personal information and data during the registration phase, including information relevant for tax purposes;
  3. c) failure by the Verifier to fulfil their obligations under art. 7 of the Contract;
  4. d) updates made to the operating system of the “Smartphone” used by the Verifier when Visualeo has not yet updated the Application to be compatible with that operating system;
  5. e) the temporary interruption of services provided by third parties that are necessary for the use of the Application (indicative and not exhaustive, any malfunction of the Visualeo server).
  1. FORCE MAJEURE

If one of the Parties is not able to respect its obligations under this Agreement due to events that are outside of their control or that are not their own fault (such as – without limitation – lightning, floods, exceptional weather circumstances, fire, explosion, war, civil unrest, strikes -even when they do not involve employees – or acts by the local or central government or other competent authorities or events that go beyond the control of the same suppliers), such Party shall not be liable to the other Party for breach of contract.

  1.       TERMINATION

11.1 Either Party may terminate the Contract at any time, by notifying the other Party, with five day’s notice, to be made in accordance with the provisions of art. 17.

11.2 The termination provided for in this art. 12, does not affect the previously acquired rights and does not exclude any liabilities assumed under the Agreement.

  1. NON-COMPLIANCE

12.1 Visualeo may terminate this Agreement and suspend access to the Application by the Verifier, when the latter:

  1. a) commits a breach of this Agreement that could have been avoided or when not remedied within the period indicated in the written request;
  2. b) commits a material breach of this Agreement that cannot be remedied;
  3. (c) commits repeated violations of the provisions of this Agreement;

12.2 If the Verifier (or whoever has their login credentials) fails to comply with the obligations assumed under the articles and paragraphs 4.1, 4.2, 4.3, 4.5, 7, 8., Visualeo may declare the Agreement terminated automatically, which will be concluded when Visualeo declares to the Verifier the application of this termination clause due to the breach of the Verifier.

12.3 The Verifier agrees that Visualeo shall have the right to suspend, in whole or in part, access to the Application, in addition to in the case provided for in the previous paragraph 13.1. and without prejudice to their right to terminate the Agreement, in those cases in which such suspension is, in any case, necessary to:

(i) adapt to legal provisions or public authorities in accordance with legal provisions,

(ii) prevent or terminate any violation of this Agreement or the law, enforce their own rights under this Agreement or defend themselves against third-party claims that their own rights are violated;

(iii) protect the rights of Visualeo or the rights of third parties.

  1. PROCESSING OF PERSONAL DATA AND PRIVACY POLICY

In compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that VISUALEO VERIFICATIONS, SL. with registered office at Calle del Príncipe de Vergara, 43, 28001 Madrid with Tax ID (CIF) B87929154 and registered in the Mercantile Registry of Madrid in volume 37285, folio 74, page M 664933, inscription 1ª, is the owner of this website.

PURPOSE OF THE PROCESSING OF PERSONAL DATA

In accordance with the provisions of the Personal Data Protection Law and EU Regulation 2016/679, in the event that anyone were to send our company an email with the address indicated in it, or fill in a data collection form, we inform users that the personal data you provide will be included in an activities processing register under the responsibility of VISUALEO VERIFICATIONS, SL., in order to manage a query, offer our products and services, maintain a commercial relationship, as well as to send advertising or promotional information via any method (including via email or any other equivalent electronic means of communication) about the Company’s products or services, having previously requested your consent.

VISUALEO VERIFICATIONS, S. L. declares to have adopted all the security measures necessary and appropriate to what is established in the Regulation (EU) 2016/679 and the Royal Decree 1720/2007, of 21 December, which approves the development Regulation of the LOPD, and has established all the technical means at its disposal with the intention to prevent the loss, misuse, alteration, non-authorized access or theft of the data you provide

PERSONAL DATA STORAGE PERIOD

Data will be kept for a period of time that will not exceed the period necessary for the purposes for which said data was collected.

Data conservation criteria: data will be kept for the period established by the Law, while there is a mutual interest to maintain the purpose for its processing and when it is no longer needed for this purpose, while maintaining the contractual relationship, until its suppression is requested by the interested party and should not be deleted due to it being necessary for the fulfilment of a legal obligation or for the formulation, exercise, and defence of claims. This data shall be deleted with appropriate security measures to ensure the pseudonymization of the data or the total destruction of the same.

If the User revokes their consent or exercises their rights of cancellation or deletion, their personal data will be stored and blocked at the disposal of the Administration of Justice during the legally established periods to attend to the possible responsibilities arising from the treatment of the same. Subsequently, it will be deleted with appropriate security measures to ensure the pseudonymization of the data or the total destruction of the same.

LEGITIMATION FOR THE PROCESSING OF PERSONAL DATA

VISUALEO VERIFICATIONS, S. L. is entitled to carry out the processing of personal data on the basis that:

The customer has provided their personal data for pre-contractual or contractual relationships. The User or client has given their informed consent for the sending of commercial communications, for the installation of tracking systems that inform about browsing habits according to the Cookies Policy, or for the sending of required information through contact forms.

There are legal obligations that require the processing of personal data, in accordance with the services provided.

TRANSFERS AND RECIPIENTS OF PERSONAL DATA

All the transfers indicated below are necessary for the fulfilment of the aforementioned purposes, or are carried out in compliance with a legal obligation. Personal data may be transferred to:

Group companies and direct collaborators.

Public Administrations and the Justice Administration.

Providers of computer services, including “cloud computing” services.

RIGHTS OF THE INTERESTED PARTIES

Users/clients can exercise before VISUALEO VERIFICATIONS, SL. their rights to access, rectification or deletion, limitation of its treatment, opposition, portability, and their right to oppose automated individual decisions. Likewise, they may revoke their consent in the event that they have granted it for a specific purpose, being able to modify their preferences at any time.

Users can exercise this right by sending an email to hola@visualeo.com, or writing to the following address: Calle del Príncipe de Vergara, 43, 28001 Madrid. The User is informed that they can direct any kind of claim regarding the protection of personal data to the Spanish Agency for Data Protection www.agpd.es, the Control Authority of the Spanish State.

DATA BELONGING TO MINORS

Our company will not collect or process personal data of minors under 16 years of age without fully complying with the requirements established in the applicable Data Protection Regulations and EU Regulation 679/2016.

Processing of personal data of a child shall only be considered lawful when the child is at least 16 years of age. If the child is under the age of 16, such treatment shall be considered lawful only if the consent was given or authorized by the holder of parental authority or guardianship over the child, and only to the extent to which it was given or authorized.

THIRD PARTY PERSONAL DATA

In the event that the personal data provided belonged to a third party, the User guarantees that they have informed said third party of this Privacy Policy and has obtained their authorization to provide their data to VISUALEO VERIFICATIONS, SL. for the stated purposes. They also guarantee that the data provided is accurate and up-to-date, being responsible for any loss or damage, direct or indirect, that may be caused as a result of the breach of such obligation.

CURRICULUM VITAE PROCESSING

As indicated in EU Regulation 2016/679, for any candidates who provide us with their data, we clearly request their consent at the point of collection of their personal data and for the uses that we will give this data. For this reason, we provide them with the information in a clear and concise way, indicating to the candidate how they can request a copy of their data, which will be offered in a structured format.

Regarding the conservation of this data, we will only store updated data. Therefore, in the event of CVs that have not been updated for over 24 months, they will be deleted or blocked to prevent their reading.

For years, our company has maintained a rigorous Privacy Policy concerning the data of those people who have established relationships with us by sending us their Curriculum Vitae. The purpose of processing your data is to process your job application and manage the possible selection process, which may include participation in various selection tests.

Therefore, we inform you that your data has been included in a file and may be transferred to temporary work agencies or other personnel selection companies, so that you can participate in subsequent personnel selection processes. If your data has been modified, please inform us in writing. If you do not express your opposition in writing within 30 days, we understand that you give your consent for the processing indicated above.

CONTENT

All content included on the Website, and in particular referring to trademarks, trade names, industrial designs, designs, texts, photographs, graphics, logos, icons, software or any other references susceptible to industrial and commercial use are protected by VISUALEO VERIFICATIONS, SL. industrial and intellectual property rights. Therefore, any use, and/or reproduction thereof without the express consent of the Company is strictly prohibited.

VISUALEO VERIFICATIONS, S. L. will not be held responsible for the infringement of the intellectual or industrial property rights of third parties that may arise from the inclusion on the Website of trademarks, trade names, industrial designs, patents, designs, texts, photographs, graphics, logos, icons or software belonging to third parties who have declared themselves to be their owners when they are included on the Website.

The User undertakes to use the contents of the Website in a diligent, correct, and lawful manner and undertakes to refrain from:

  1. a) using the contents for purposes or effects contrary to the law, morality, and good practices or public order.
  2. b) reproducing, copying, distributing, allow public access through any form of public communication, transforming or modifying the contents, unless the corresponding authorization has been granted by the owner.
  3. c) using the contents of the Website to send publicity, communications for the purpose of direct sales or for any other commercial purpose, unsolicited messages addressed to multiple people regardless of its purpose, as well as to abstain from marketing or divulging such information in any way.

In the event of a conflict of any kind, both parties shall endeavour to reach a peaceful settlement. Not being possible, the courts of MADRID will have jurisdiction to hear the case, without the possibility to resort to another jurisdiction to exercise the action.

USERS WHO DO NOT AGREE WITH THIS POLICY SHOULD NOT ENTER ANY DATA VIA THIS WEBSITE, NOR ACCESS THE CONTENT OF THIS WEBSITE.

  1. PROHIBITION OF ASSIGNMENT

The Verifier may not assign or transfer, in whole or in part, any rights or obligations under this Contract.

  1. COMMUNICATIONS

All notices and communications under this Agreement must be made in writing and via e-mail as per the following details:

  1. a) to Visualeo: to the e-mail address hola@visualeo.com or to any other address that Visualeo has communicated to the Verifier;
  2. b) to the Verifier: to the e-mail address provided to Visualeo at the time of registration.
  3. AUTONOMY OF THE PARTIES

Visualeo and the Verifier act in full autonomy and independence. The provisions of this Agreement may not give rise to any employment relationship or those related to an agency, association, coordinated and continuous collaboration, intermediation or subordinate work relationship.

  1. TECHNOLOGY COOKIES

Visualeo informs you, and in order to comply with the prescriptions established in art. 22 of the LSSI, that our web environment uses cookies to provide technological support to our platform.

* This information has been prepared according to the Guide on the use of cookies, published by the Spanish Data Protection Agency.

Cookies are small files that are downloaded to your computer when you access certain web pages. Cookies allow for storage and retrieval of information, among other things, in order to facilitate user recognition and to guarantee an ideal browsing and above all, fast browsing experience.

At Visualeo, we use analysis cookies, which allow us, either through our own channels or those of third parties, to quantify the number of users and thus carry out statistical analysis and measurement about how users make use of the services offered in our web environment. All this is done in order to improve our services and products.

You can prevent cookies from being generated in your browser by simply configuring it in such a way that you disable the use of cookies. However, we must inform you that if you do so, browsing may be somewhat slower.

  1. APPLICABLE LAW AND JURISDICTION

All disputes or claims arising from the interpretation or execution of these Terms of Use shall be governed by Spanish law. The parties submit to the corresponding Spanish Courts and Tribunals for the resolution of any disputes that may arise from its execution or interpretation.

  1. MINIMUM CONDITIONS GOVERNING THE RELATIONSHIP WITH APPLE INC AND GOOGLE INC

19.1 This Agreement is exclusively stipulated by Visualeo and the Verifier, and thus, Apple Inc (hereafter, “Apple”) and Google Inc (hereafter, “Google”), are not bound by its contents, as their relationship is limited to making the Application available on the AppStore and Google Play platforms.

19.2 The Verifier acknowledges and accepts that Apple and Google are under no obligation to provide support or maintenance services with regards to the Application.

19.3 The Verifier acknowledges and accepts that, in the event of non-conformity of the Application, Apple and Google will assume no warranty obligation nor obligation to compensate as a result of any loss, responsibility, harm, cost, or expense that may derive from such non-conformity of the Application.

19.4 Visualeo and the Verifier acknowledge that, in the event that a third party were to allege that the Application or the possession and use of the same by the Verifier, were to infringe upon intellectual and industrial property rights, Apple and Google shall not assume any responsibility.

19.5 In accordance with the provisions for “legal compliance” established by Apple and Google, the Verifier declares and guarantees that: (i) they are not located in a country that is subject to embargo by the US government or that they have not been included in the list of countries that support terrorism; and (ii) are not among the subjects to whom entry to the United States of America is limited or prohibited.

* * *

ANNEX 1

PRIVACY POLICY IN ACCORDANCE WITH THE DATA PROTECTION LAW, ORGANIC LAW 15/1999, OF DECEMBER 13, ON DATA PROTECTION

Dear Verifier,

During the registration process for the Visualeo application (“Application”), created by Visualeo Verifications, SL, a company duly organized and existing under the laws of Spain, with registered office in Calle del Príncipe de Vergara, 43, 28001 Madrid, with Tax ID (CIF) 02894840Z (“Visualeo”), certain personal information will be required, such as for example, your full name, address, and date of birth (“Data”).

In accordance with Article 5 of the ORGANIC LAW 15/1999, OF DECEMBER 13, ON DATA PROTECTION, please note that Visualeo and Group (as appropriate), will control and process the data in accordance with the applicable legislation in force on data protection and under the following terms and conditions.

1) Data processing objectives.

Data processing will be carried out for the following purposes:

  1. a) management and sign up to the Application and fulfilment of the activities related to using the application and its features, as specified in more details in the Terms and Conditions of the General Agreement;
  2. b) fulfilment of the contractual obligations laid out in the terms and conditions of the General Agreement;
  3. c) compliance with all the legal obligations related to activities associated with use of the Application and/or the regulations by the competent authorities;
  4. d) statistical analysis;
  5. e) sending regular emails about the Task carried out and/or for carrying out the task («Task»);
  6. f) sending information via email for new Task proposals;
  7. g) sending regular messages via email for payment management purposes;
  8. h) identification of your geo location for check-ins at the address where the Task should be carried out;
  9. i) to manage the registration process for completed Tasks and evaluations pertaining to the quality of the same;
  10. l) analysis and assessment of Tasks that require more information than that available in their profile;

2) Data Processing Methods.

Visualeo will process data with utmost care and in accordance with the security measures established in the Privacy Code and Law.

Data processing will be performed manually and/or telematically and/or electronically, using procedures and tools that guarantee the maximum level of security and confidentiality in accordance with the Privacy Code and the Law.

This process may involve collecting, processing, recording and/or storing data.

Given that data handling can come solely from information obtained via geo-location, in accordance with letter (h) of article 1 above and the profiles in accordance with letter i) of the above article 1, Visualeo, in its role as Data Owner, has notified the Spanish Data Protection Authority about the previously mentioned data processing methods, such as in article 37, paragraph 1, subsections (a) and (d) of the Privacy Code.

The Data, gathered in specific data bases, is stored in services that use the services of the American company Google Cloud Platform (GCP), a subsidiary owned by Google, Inc., with headquarters in Mountain View, California (United States), with whom Visualeo has signed a specific data storage agreement.

This company, who for Visualeo is limited to providing data storage services, guarantees compliance with all security measures required by the Privacy Code, the Law, and other European laws pertaining to the handling of personal information. It is registered under the “Safe Harbor” program developed by the U.S. Department of Commerce, hereby confirming that it complies with standards equivalent to those set forth in the Privacy Code and the Law.

The servers made available to Visualeo for data storage are located within the European Union.

The Google Cloud Platform (GCP) Privacy Policy can be found at the following address: https://cloud.google.com/security/?hl=es

Visualeo also subcontracts the automatic sending and management of e-mails to Verifiers, including those related to the work carried out and/or pending to be carried out and new Task proposals.

The companies with which Visualeo has signed agreements for these services to be carried out are:

MailChimp.com, a U.S. company wholly owned by Rocket Science Group, LLC d / b / a MailChimp, a limited liability company in the State of Georgia (USA) headquartered in Atlanta (USA);

Mandrill.com, A U.S. company wholly owned by Rocket Science Group, LLC d / b / a MailChimp, a limited liability company in the State of Georgia (USA), headquartered in Atlanta, (USA).

The companies mentioned above guarantee full compliance with all security measures deemed necessary within the framework of the Privacy Code and the European standards regarding the protection of personal data, since it also belongs to the “Safe Harbor” Program of the United States Department of Commerce.

The privacy policy of the companies mentioned above can be found at the following addresses:

http://mailchimp.com/legal/privacy/

https://mandrill.com/privacy/

All data collected and used by Visualeo for statistical analysis will be processed anonymously. Data will only be used for the period strictly necessary in order to achieve the objectives indicated in this document and may not exceed the period required by the applicable Verifiers in force. In accordance with the applicable legislation, specific security measures will be observed to prevent the loss of data, illicit use and/or inappropriate use and/or unauthorized access to the databases.

3) Communication and Dissemination.

The data will not be disseminated. However, Visualeo may, on its behalf, communicate data to third parties for the fulfilment of the intended objectives, who, in turn, must accredit the instrumental or other services necessary for carrying out the activities related to the use of the Application and to perform the Tasks.

4) Nature of Data Provision.

The provision of data is optional. However, any refusal to provide the data, or part of it, for the purposes indicated above in paragraph 1 will mean that Visualeo is unable to provide and carry out the activities required to use the Application, and for carrying out the tasks.

5) Rights of the Verifier

The Verifier, as the owner of their data, has the right to exercise all the rights contemplated in the Data Protection Law by contacting Visualeo through the channel indicated in point 6.

In accordance with the applicable legislation, the Subject has the right to obtain confirmation of the existence or lack of data, regardless of that which they have provided themselves, as well as information pertaining to the communications of such data.

The data subject shall have the right to be informed of: a) the source of personal data and information; b) the purposes and methods of treatment; c) the logic applied to its processing, if the latter is carried out via electronic means; d) identification details of the holder, the responsible parties and of

other representatives; e) the subjects or subject categories to whom the personal data may be communicated or to whom it may be made available in their capacity as a representative designated in the territory of the State, data processors, or persons in charge of your treatment.

Likewise, the Verifier has the right to obtain: a) updates, rectification or, where interested therein, integration of your data; b) the cancellation, disassociation, or blocking of data that has been processed unlawfully, including data whose preservation is unnecessary for the purposes for which they have been collected or are not included in the Privacy Policy or the Law; c) certification to show that the operations corresponding to sections (a) and (b) have been made.

The subject has the right to object, in whole or in part: a) to the processing of personal data concerning him/her for legitimate reasons, even if necessary for the purpose of the Task; b) to the processing of their personal data for the purpose of sending advertising material.

6) Owner and other personnel involved in and responsible parties in the data process.

The owner responsible for the file is Visualeo Verifications, S.L., a company duly organized and existing under the laws of Spain, with registered office at Príncipe de Vergara, 43, 28001 Madrid and registration number B87929154.

The data controller is Mr. Pedro Martín Díaz.

The data will be processed for the purposes set out in Article 1, by Visualeo employees (developers, technicians, etc.) specially designated as persons in charge of the process.

The updated list of Processors and persons designated by Visualeo for the processing of the data, is available through the data controller at the following address.

The data and information required for registration in the Application will be included in specific databases and stored on the servers managed by Google Cloud Platform (GCP).

For any request or information and/or clarifications or questions about the processing of information, please send a request to Visualeo at the following address: hola@visualeo.com . 

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