This document sets forth the terms and conditions goverining the access to the services offered by KLASSDATA. KLASSDATA reserves the right to modify the services, as well as the conditions for access and /or use. Access to and use of the services imply acceptance of this Terms and Conditions and any modifications thereto. Access to certain content and use of certain services may be subject to special conditions that could complete, replace or amend these terms and conditions of use. In case of conflict, particular conditions prevail over general conditions. “User” means any person who accesses or uses the services or content generated by KLASSDATA.
To access to the services will require users to register and use personal and not transferable passwords. KLASSDATA establish the requirements considered necessary to ensure the strength of the passwords, but the user can change them.
The user agrees to keep the passwords confidential and not transmitting them to any third party, even to KLASSDATA. Consequently, users are responsible for the custody and confidentiality of any identification and / or passwords that have been selected as registered users.
User will be responsible for the unlawful use of the services or contents by any third party that uses the passwords for this purpose because of a careless use or loss by the user. The user is required to immediately notify KLASSDATA about any fact about the improper use of identifiers and/or passwords in order to proceed to immediate cancellation. While such facts are not disclosed, KLASSDATA be released from any liability that may arise from misuse of IDs or passwords by unauthorized third parties.
Users under 18 years old accessing to services or content implies express prior authorization of their parents, guardians or legal representatives, who are considered legally responsible under the applicable regulations.
While using KLASSDATA services, information exchange could happen. When the source of information is the user, the user represents, warrants and agrees that he is entitled to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret or any other third party right, such information not confidential and that such information is not harmful to others.
The user is solely responsible for any information provided to KLAP. KLAP has no obligation to monitor, and it does not in the normal course of business, the information provided through its service.
However, KLASSDATA reserves the right to review and remove any information that, under KLASSDATA sole discretion, could be considered unacceptable based on the provisions of these rules.
The User acknowledge and agree that all trademarks, trade names or logos, all rights of intellectual property, the contents and / or any other elements are property of KLASSDATA and/or third parties. In any case access to the services or contents implies any waiver, license or transfer all or part of such rights, unless otherwise expressly stated.
These terms and conditions do not give users any right to use, modify, use, reproduction, distribution or public communication of the contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by KLASSDATA or third owner of the rights.
In the event that any user or third party considers that any of the contents of KLASSDATA violates his rights of intellectual property, it shall be communicated to hello[@]klassdata.com
User’s Obligation to Abide By Applicable Law
In connection with the use of the services provided by KLASSDATA, the user shall abide by all applicable federal, state or local law (“Applicable law and jurisdiction”). By using the services, the user agrees with these general conditions, agreeing not to use them inappropriately, abusive, harmful, threatening, or in any other manner that could damage the public image or the privacy of third parties or that any reason or violate any law.
Specifically, the user agrees not to use data for advertising purposes and not to transmit, distribute or make available to third parties information, messages, graphics, sound or image files, photographs, recordings, software and generally any kind of material, data or content.
Responsibilities and guarantees
KLASSDATA do not guarantee access to or correct viewing, downloading or use of the items and information that can be prevented, hindered or interrupted by factors or circumstances that are beyond KLASSDATA control.
KLASSDATA neither guarantees nor is liable for: (i) the continuity of the contents; (ii) the absence of errors in the content or services; (iii) the absence of viruses and / or other harmful elements on websites or servers that supply; (iv) the invulnerability of the websites or the security measures; (v) lack of utility or performance of the content and services of the websites; (vi) the damages caused to himself or a third party, by any person who breaches the conditions, rules and instructions set by KLAP on websites or through breach of security systems.
Anyhow, KLASSDATA declares that it has taken all necessary measures, within its capabilities and state of the art to ensure the operation and avoid the existence and transmission of viruses and other harmful components to users.
Duration and modifications
KLASSDATA may modify the terms and conditions herein, in whole or in a part, publishing any change in the same way this legal notice appears or through any type of communication to users.
The validity of this disclaimer coincides, therefore, with the time of exposure until they are modified in whole or in a part, at which will be in effect the modified disclaimer. Applicable law and jurisdiction
The relationships established between the user and KLASSDATA will be governed by the provisions of existing rules concerning applicable law and jurisdiction.
However, for cases where the regulations provide the possibility to the parties to submit to an specific jurisdiction, KLASSDATA and the user, expressly waiving any other jurisdiction that may apply, will submit any dispute to the Courts and Tribunals of the city of Madrid, Spain.
In the event of any conflict between the provisions of this legal notice in different languages, the Spanish version shall prevail.
In the event that any provision or provisions of this legal notice was considered invalid or unenforceable, in whole or in part by any court, tribunal or administrative body, such invalidity or inapplicability shall not affect the other provisions of the legal notice.
Failure to exercise or enforcement any right or provision of this legal notice by KLASSDATA shall not constitute a waiver, unless expressly stated in writing.
In any case, we want to emphasize that KLASSDATA NEVER SELLS OR RENTS PERSONAL INFORMATION PROVIDED THROUGH ITS SERVICES TO THIRD PARTIES.
To access KLASSDATA services is necessary to create a user account. The information in the user profile becomes part of an automated file owned by KLAP Soluciones de Tecnología SL, duly registered with the Spanish Data Protection Agency under the Organic Law 15/1999 that regulates the Protection of Data Personal (LOPD) and the Royal Decree 1720/2007 implementing the Act.
By creating an account the user agrees to receive from KLASSDATA the necessary communications for the management, operation or improvement of the services, as well as any other information KLASSDATA could consider of interest.
At any time, the users could opt out of receiving these communications by indicating this to KLASSDATA through any communication channel and in any event, through hello[@]klassdata.com.
KLASSDATA uses “cookies” when a user browses their services. “Cookies” are small data files that a web server sends to your browser and you are then returned on each new connection. These files are stored on the user’s device and allow the system to recall characteristics or preferences from previous sessions.
The “cookies” used by the KLASSDATA are not invasive or harmful. They can be themselves and third parties. The user can disable cookies by following the instructions in the browser, or through third parties, as directed by the browser. The user can also permanently remove those that are currently stored on the computer by accessing the corresponding directory and deleting them permanently. It must be remembered that sometimes, non-acceptance of “cookies” could make unavailable some services.
All information transmitted during the use of the services and contents of KLASSDATA is confidential. Users agree to keep this information as such, taking all appropriate measures.
All information hosted on KLASSDATA servers is considered confidential and will not be disclosed to third parties unless expressly authorized request for judicial and administrative bodies.
Confidential information not owned by the user will not be disclosed to third parties, without the express permission of KLASSDATA, neither as long as the user has access to KLASSDATA services, nor until two years after this access ends.
To provide its services, KLASSDATA can use multiple data supplied by the user through the established connections. Such information may contain personal data, which will apply the following treatment:
1. The user acknowledges that access to KLASSDATA services implies the possibility of access to data files from his responsibility by KLASSDATA. In any case, these accesses will be considered communication or data transfer, and shall be governed by the provisions of Article 12 of the Organic Law 15/1999 of Data Protection and Articles 20, 21 and 22 of Royal Decree 1720/2007 and consequently KLASSDATA undertakes to:
- a. Comply with all obligations under the Data Protection Act and Royal Decree 1720/2007.
- b. Processing personal data only in accordance with the purpose of the service and in accordance with the instructions of those responsible for the files, and during the term of the relevant agreement.
- c. Not to apply or use personal data supplied purpose other than that agreed with the owner of the file, not disclose, even for preservation, to others, except for the outsourcing thereof with providers of Data Center or your computer case. All other outsourcing permission must be sought.
- d. Take appropriate technical and organizational measures as are appropriate to ensure the security of the personal data. This will apply all security measures basic level required by Royal Decree 1720/2007.
2. All personal data supplied including those arising from the business relationship are treated confidentially and only granted in cases provided for by law and by court or administrative order.
3. KLASSDATA disclaims any liability arising from the breach by the users on the Spanish legislation on protection of personal data related to the performance of the services.
4. If the data supplied by the user correspond to high levels of security, the user must explicitly inform KLASSDATA via email, so that KLASSDATA analyze the feasibility of the adoption of appropriate security measures. KLASSDATA reserves the right to refuse the provision of data above the basic level.
5. Once the user has finished using KLASSDATA services, personal data will be destroyed.
6. All the personal data are considered confidential. KLAP must communicate and enforce obligations to its employees relating to the duty of confidentiality and security.
7. KLASSDATA shall notify the user responsible for the files any request for access, rectification, cancellation and opposition received in the time and manner provided by law.
8. In the event that the responsible for the data treatment violates any of the requirements and stipulations agreed and uses the data for other purposes, shall be considered responsible for any infringements which it has incurred personally.
The electronic acceptance of this document has full legal validity for purposes of compliance with the requirement of Article 12 of the Data Protection Act.