1. Ownership of the WWW.KIDSANDUS.ES domain and the app
In compliance with Law 34/2002 of 11 July on Services of the Information Society and Electronic Commerce (LSSICE), Users are informed that the owner of the domain is as follows:
Owner: KIDS&US ENGLISH, S.L.
Registered address: C/ Cardenal Lluch, nº 5, despacho 1, edificio Catalònia, 08242, Manresa (Barcelona) (Spain)Tel: +34 93 875 33 45Email: email@example.com
REGISTERED in the Trade Register of Barcelona, Volume 39,900, Folio 16 and Sheet B-355982, with Tax ID number B-64622087.
Access to and use of the website and the app confers the status of user of the website and the app (hereinafter, “User”) and entails the acceptance of all the conditions included in this Legal Notice, as well as its modifications, given that KIDS&US ENGLISH, S.L. (hereinafter, KIDS&US) reserves the right to carry out, at any time and without the need for prior notice, modifications and updates to the information contained on the website and the app, the settings and presentation thereof and the access terms.
2. Intellectual and industrial property
All content on the website and app(s)—by way of example, but not limited to: texts, photographs, charts, videos, images, icons, technology, software, links and other audio-visual or sound contents, as well as their graphic design and source codes—is owned by KIDS&US, which, as applicable, has the right to use and exploit them; in this sense, they become works protected by the applicable legislation in matters of national and international intellectual and industrial property in force at any time, as a result of which none of the exploitation rights recognised by current intellectual property law concerning them may be regarded as have been assigned to the Users.
Therefore, upon the basis of intellectual property law and the provisions thereof in force at any time, the total or partial exploitation of any of the contents appearing on the website and the app(s) is strictly prohibited, as is the copying, reproduction, adaptation, modification or transformation of the contents of the website and app(s) and, when applicable, the distribution and public disclosure of the contents, including the modality of making all or part of them available for commercial purposes, in any format and by any technical means, without the express written authorization of KIDS&US.
The brands, commercial names and distinguishing signs are owned by KIDS&US, in the understanding that access to the website and the app(s) does not attribute any rights to said brands, commercial names and distinguishing signs.
Therefore, Users’ mere access to the website and app(s) implies their undertaking to respect the intellectual and industrial property rights owned by KIDS&US.
3. Hyperlinks and/or links
The content existing on the website may include links to other websites managed by third parties, in order to facilitate Users’ access to information exchangeable on the Internet.
KIDS&US cannot be held liable for the existence of links between third parties and other websites unrelated to KIDS&US and links that may be provided via the website having informative purposes for the website Users, but on no account shall they place KIDS&US in the position of guarantor and/or the party offering services and/or information which may be provided to third parties via the links. Therefore, KIDS&US is not liable for any damages caused by the wrongfulness, quality, outdatedness, lack of availability, inaccuracy or uselessness of the contents and/or services of the linked sites, or for any other damages.
Consequently, KIDS&US disclaims any liability for the services and/or information provided on other web pages linked to this website. We inform Users that, in the event that they consider that there exists a linked website with unlawful or inappropriate contents, they may inform KIDS&US by email.
Finally, it is prohibited to introduce hyperlinks for advertising, commercial or associative purposes to websites unrelated to KIDS&US which grant access to the KIDS&US website without its express consent and/or authorization. In the event of their authorization by KIDS&US, the conditions to introduce links from pages to the KIDS&US website will be established.
Users acknowledge and accept that access to and use of the website and app(s) is free and voluntary and is performed under their sole liability.
Therefore, Users undertake to use the website and app(s) in a proper and lawful manner in accordance with the Law, this Legal Notice and good faith and public order, refraining from using the website and app(s) in any manner which may prevent, damage or impair their normal functioning or the assets, rights and interests of KIDS&US, its suppliers, other Users or, in general, any third party, or which, in any way, may overload, damage or disable the networks, servers and other hardware and software products and applications of KIDS&US or third parties, as a result of which the Users will be liable to KIDS&US or third parties for any damages which may be caused as a result of a breach of said obligations.
During the use of the website and the app(s) by the User, the following actions—by way of example but not limited to—will also be prohibited and may be modified:
- Using computer viruses or any file or program designed to interrupt, damage or limit the functioning of the website or the app(s), any of the services or networks of KIDS&US or any software, hardware or telecommunications equipment, or damaging or gaining unauthorized access to data or other information belonging to KIDS&US or any third party.
- Usurping identities, interfering with or interrupting the service, servers or networks connected to the services or breaching any of the requirements or regulations of the networks connected to the services.
- The prohibition to use false identities and impersonate others in the use of the website or any of its services, as well as the use of passwords and access keys of third parties, or in any other manner.
- Falsifying or altering any KIDS&US information.
- The prohibition to enter, store or disclose, on or via the website, any information contrary to the law, standards, customs and public order, as well as any material which may be defamatory, offensive, obscene, threatening, xenophobic, an incitement to violence, discriminatory on the basis of race, gender, ideology, religion or which, in any way, infringes upon morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties or, in general, the current legislation.
- Not conducting advertising or commercial exploitation activities via the website or using the contents and information to forward advertising or send messages for any other commercial purpose or to collect or store personal third-party data.
- Collaborating with a third party to perform any of the conducts indicated above.
4.2 Terms with regard to the contents and intellectual and industrial property other than those set out in the corresponding section:
- Not reproducing, in any way, even by means of a hyper-link, the website and apps of KIDS&US or any of their contents without the express written authorization of KIDS&US.
- Not suppressing, evading or manipulating the copyright and other identifying data of the rights of its owners incorporated into the contents, nor the technical protective devices, nor any of the information mechanisms contained in the contents.
- Not altering, reprogramming, modifying, adapting nor translating the source code of this website or the app(s).
- Any partial or total reproduction of the source code of the website or the app(s) in any format will be regarded as an unauthorized copy.
- It is also forbidden to reproduce or copy, for private use, any contents which may be regarded as software or a database, in accordance with the current legislation in matters of intellectual property, as well as their public disclosure or delivery to third parties, when such acts necessarily involve their reproduction by the User or a third party.
- Not introducing, storing or divulging, via the website, any content which infringes intellectual and industrial property rights, trade secrets of third parties or, in general, any content for which, in accordance with the law, there is no right to make it available to third parties.
- Collaborating with a third party to perform any of the conducts indicated above.
5. Disclaimer of liability
On no account may KIDS&US be held liable for circumstances including, but not limited to, those listed below, nor for any damages which may arise.
- KIDS&US assumes no liability for any delay, deletion, erroneous delivery or failure to save User correspondence or personal settings.
- Nor may KIDS&US be held liable for the decisions made upon the basis of the information provided on the website or the app(s) or the damages caused to the User or third parties as a result of actions based solely on the information obtained on the website and app(s).
- KIDS&US reserves the right to refuse to provide the service to any person for whatever reason, and/or to interrupt the service in whole or in part at any time, with or without prior notice.
- Use of the website and the app(s) is subject to all the applicable regulations and the Users will be solely liable for the content of their communication via the website.
- Access to the website and app(s) does not entail an obligation on the part of KIDS&US to control the absence of viruses, worms or any other harmful computer elements. The User is responsible, in any case, for the availability of suitable tools for the detection and disinfection of harmful software.
- KIDS&US cannot be held liable for damages caused by the computer equipment of Users or third parties during the provision of the service of the website or app(s).
- KIDS&US makes no guarantee nor accepts liability in any way for damages of any nature which may arise from access to or use of the content or the website or app(s).
Nor may KIDS&US be held liable for:
- Potential security errors which may occur due to the use of computers infected by computer viruses;
- Use by third parties of elements owned by KIDS&US which confuse its identity;
- Infringements of intellectual and industrial property rights by third parties;
- Third-party breaches which may affect Users of the KIDS&US website and apps;
- The lack of functioning of the website, the apps or any of the services for reasons beyond the control of KIDS&US;
- The consequences arising from the malfunctioning of the browser or use of non-updated versions thereof;
- The existence of viruses or malicious or harmful programs in the contents;
- Use which is unlawful, negligent, fraudulent, contrary to the terms of this Legal Notice or good faith and public order of the website or the apps or their contents by the Users;
- Damages of any kind caused to the User which bring about failures or disconnections in the telecommunications networks, failures of computers or other electronic systems which cause the suspension, cancellation or interruption of the service of the website or the app(s) during their provision or prior to it.
In reference to the contents and services linked via the website, we refer to the provisions of section 3 of this Legal Notice referring to hyper-links and/or links.
6. Queries, complaints and reporting of illegal and inappropriate activities
In the event of any suggestions, queries, complaints or claims, Users may contact KIDS&US via the current or future communication channels determined at any time, such as:
- Post: 08242 - Manresa
- Tel. +34 93 875 33 45
- Email: firstname.lastname@example.org
Such communication channels will also be valid for the contact between KIDS&US and any User who has knowledge that linked websites are providing references to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality.
However, reception by KIDS&US of any correspondence will not imply, in accordance with the provisions of Law 34/2002, effective knowledge of the activities and/or contents indicated by the User as the communicator.
7. Legislation and competent jurisdiction
Each and every clause of this Legal Notice is governed by the national legislation in force at any time for the resolution of any controversy concerning this Legal Notice or the relationship between the parties.
In the event that any conflict or discrepancy arises in the interpretation or application of these legal terms, the courts or tribunals, as applicable, examining the matter shall be those indicated by the applicable legal regulation in matters of competent jurisdiction but, in the event that the User has his or her domicile outside Spain, the two parties submit, expressly waiving any other jurisdiction which may correspond to them, to the Courts and Tribunals of Manresa (Barcelona) or, failing them, those of Barcelona.
In accordance with the current legislation on Personal Data Protection, the term “personal data” means “any information concerning identified or identifiable natural persons”.
KIDS&US ENGLISH, S.L., with its registered address at C/ Cardenal Lluch, nº 5, despacho 1, edificio Catalònia, 08242, Manresa (hereinafter, KIDS&US) complies with the requirements established in the current legislation on Personal Data Protection and the implementing legislation.
Which personal data are collected
On the other hand, there is an education content management app intended for parents in which personal data are collected on student examination results and general student monitoring reports, as well as, by way of example, data concerning the behaviour, learning, motivation and performance of the student; invitations for tutorials; minutes; the age, name and surnames of the student; name and surname data and telephone numbers of the student’s parents/guardians; the course or group; timetables; class attendance register; student photos and announcements of events; administrative data for invoicing management and course-related activities, in order to process the data and maintain an active communication channel between the school and the parents/guardians of the students with regard to everything related to the school and educational management of their children, as well as a digital agenda in which the teachers will proceed to record the student’s monitoring.
Moreover, the application requires you to hold an account in Android’s Google Play Store Android in order to download the applications. In addition, the application can automatically collect other kinds of information, such as the type of mobile device, the user’s country, IP addresses, the operating system of the mobile device and information on how the application is used.
This data will not be transferred to third parties and may only be accessed for the purposes of providing the Google Play Store service.
Kids&Us will safeguard the data provided on any of the apps by the Users, as well as any automatically obtained for an indefinite period of time for the proper use of the application.
Furthermore, you are informed that all the fields which appear on the forms must obligatorily be completed, in such a way that the omission of any of them may mean we are unable to attend to your request, unless there are data to be voluntarily completed on the form.
Similarly, when Users provide personal data using the email address(es) of contact(s) which may appear on the website, they expressly authorize KIDS&US to process their personal data in order to meet their requests for services.
In terms of security and protection, we inform you that your data will be processed with the technical means, level of security and degree of protection legally required to prevent the loss, improper use, alteration, unauthorized access and theft of the data provided by Users via the website, which will be processed with due confidentiality and the duty of secrecy.
Users’ acceptance of the processing of their data by KIDS&US, as well as reception of commercial correspondence in electronic format in the manner established in this section, will always be revocable, without retroactive effects and in accordance with the provisions of the current legislation.
The personal data provided will be safeguarded for as long as the business relationship is maintained and, as appropriate, as long as their deletion is not requested by the User.
Finally, you are informed that you can exercise your rights of access, rectification, cancellation and opposition in the terms indicated in the data protection regulations by contacting KIDS&US via the following email address: email@example.com, or by writing to C/ Canonge Montanyà, 1-5 baixos, 08242, Manresa. Tel: +34 93 875 33 45 and, in the event that you have suffered any kind of interference in the exercise of your rights, you have the option of submitting a complaint to the competent authority, namely the Spanish Data Protection Agency.
KIDS&US will not collect or process personal data on children under fourteen (14) years of age via the website.
Notwithstanding the above, due to its content, the website may be attractive to said minors. In this regard, KIDS&US encourages parents to monitor their children’s electronic activities, for example by means of the use of the parental control tools provided by several electronic services and software manufacturers, helping to provide a secure electronic environment for minors.
Said tools may also prevent children under fourteen (14) years of age from electronically communicating their names, addresses and other personal data without their parents’ consent.
KIDS&US reserves the right to verify, by the means it deems most appropriate, the actual age of any User who has disclosed data via the website and, if appropriate, to deny said User access to the services on offer, and proceed to his or her cancellation and elimination. However, as it is extremely difficult to determine the actual age of the persons who disclose data via the website, if you discover that one of your children has performed such a disclosure, please contact KIDS&US at the following email address: firstname.lastname@example.org