These conditions (hereinafter, the "TERMS OF USE") regulate the use of this driver's APP (hereinafter, the "APP") and the services provided through it (hereinafter, the "Services").
The APP is owned and managed by ADN CONTEXT-AWARE MOBILE SOLUTIONS, S.L., with CIF B-33975269 and address at Calle Gloria Fuertes 2, BAJO, 33204 Gijón (Asturias). It is registered in the Commercial Registry of Asturias, Volume 3823, Folio 8, Page 40,535, Inscription I.
For the purposes of the provisions of current regulations on data protection, ADN will be the owner of the file to which all the personal data collected through the APP will be incorporated.
For any questions regarding these TERMS OF USE, USERS can contact ADN through the email address catedpeople@mycated.com, by calling +34 985331932 or by sending an ordinary email to ADN at the address indicated above.
The download and use of the APP attributes the condition of User of the same (hereinafter, the "User") and implies full acceptance, without reservations and in its entirety of these terms and TERMS OF USE of the APP (hereinafter , the "TERMS OF USE"). Therefore, ADN recommends that Users read these TERMS OF USE carefully before using the APP.
These TERMS OF USE regulate together with the Privacy Policy the use of the APP by the User and the relationship between the latter and ADN. The TERMS OF USE have been drafted in accordance with the provisions of current applicable regulations on the Internet, electronic commerce and data protection, among others. Access and download of the APP are totally free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
The download of the APP may be carried out within the framework of the contract signed by ADN and the company for which the USER provides services as a driver, as long as it maintains said condition and it remains in force, completely free of charge and through the Apple Store or Google Play, depending on the operating system used by the mobile device from which the User downloads the APP. To access and use the APP it is necessary for the User to register. By downloading the APP, the User declares that he is of legal age and has the necessary legal capacity to accept these TERMS OF USE, agreeing to use it in accordance with these conditions, good faith and applicable legislation.
The APP is part of the set of actions designed by ADN for the development of projects to improve efficient / safe driving and within the framework of the contract for this purpose signed with the company for which the USER provides services as a driver. In particular as a formula for the user driver to have access to news related to them, information, content and recommendations of a technical / training nature and also serve as a communication channel with the team of trainers and ADN technicians. Likewise, the APP offers the user driver the possibility of knowing his daily driving data, its evolution and the estimate of the CO2 emissions that he will have avoided with his driving, with reference to the trees that would have been needed to compensate the emission of said gases and share them with the rest of the users of the same company. All this based on the information managed by ADN of the company for which the USER provides services as a driver in relation to the routes on which they have driven in their vehicles. Likewise, the APP allows the driver to participate in competitions started through the “Community” or the “Play & Win” mode. Said competitions, called “Leagues”, are voluntary and are based on the game between teams created by the drivers themselves, as well as on the individual recognition of some players who stand out in the global game. These "Leagues" have a limited duration, as well as a list of awards associated with different categories that establish rewards and recognitions for both teams and individual drivers. The conditions, categories and awards assigned are established at the beginning of the aforementioned "League" and are publicly accessible both for active participants and for the rest of the users of the APP.
By virtue of the conclusion of this agreement and while it is in force, ADN grants and grants the USER the non-exclusive, revocable and non-transferable right to view and use the APP and the SERVICES in accordance with the TERMS OF USE stipulated herein.
To acquire the status of USER, it is necessary to register, using the form provided for this purpose within the APP, entering the employee and company code as identifiers and a free-choice password, which can be changed whenever the user wishes by entering their email and proceeding to reset it. Subsequently, the USER will receive an email to the indicated address with which it will be possible to change the password. The condition of USER implies having the right to participate in the "Community" and the "Play & Win" mode with the rest of USERS of the same company.
ADN reserves the right for validation to suspend or deny the USER registration at its own discretion.
Once the registration is processed, the access codes generated (hereinafter, the "Access Codes") will authorize access to a personalized space in the APP. The USER may freely modify their information and their ACCESS KEYS, in addition to making use of the different SERVICES included in the APP, through the tools made available to them for this purpose.
The ACCESS KEYS provided during the registration process are personal and non-transferable. In case of loss, theft or unauthorized use of the ACCESS KEYS, ADN must be informed without undue delay, so that it can take the appropriate measures.
The ACCESS KEYS may be freely modified by the USER through the procedures that ADN has established for this purpose. The replaced ACCESS KEYS will be canceled as a means of identification at the same time the new ones are generated.
ADN will assume, except for loss, theft or improper use being communicated to ADN, that the accesses through the ACCESS KEYS are made by the USER to whom they correspond.
The USER guarantees the authenticity of all the data that he communicates as a result of completing the forms included in the APP. In the same way, it will be the responsibility of the USER to keep all the information provided permanently updated so that it responds, at all times, to their real situation. In any case, the USER will be solely responsible for any false or inaccurate statements made and the damages caused to ADN or third parties due to the information provided.
To proceed with the cancellation of the registration, the USER must send a cancellation request, without it being necessary to specify the reason, addressed to the contact information indicated in the APP.
Likewise, ADN may block and cancel access to a user driver if it considers that they have in any way violated these TERMS OF USE.
In any case, the registration and access to the APP will be canceled with the completion of the efficient / safe driving project within the framework of which its use, as a tool, is planned or with the termination of the contractual relationship between ADN and the company. for which the user driver provides his services.
ADN will be exempt from any responsibility derived from the access and use of the APP (failures in performance, interruptions, or delay in the operation of the SERVICES, failure of the system or the communications, etc.), even if there is a failure or bad operation that causes damage to third-party computer tools. In this sense, the USER accesses the APP under its sole responsibility.
However, ADN declares that it has diligently adopted the necessary measures, within its possibilities and the state of technology, to guarantee the correct functioning of the APP. In any case, it is the User's responsibility to protect their mobile device against possible viruses, malware, third-party attacks or any other harmful computer element that could affect their mobile device, enabling appropriate tools for the detection and disinfection of harmful computer programs. ADN will not assume any responsibility for damages, losses that could be suffered as a result of events that could not have been foreseen, or that foreseen were unavoidable, either by unforeseeable circumstances or force majeure.
The User will be solely responsible to ADN and/or third parties for the use they make of the APP and/or its contents. In no case will ADN assume any responsibility derived from the use of the APP by the User, especially in cases where such use is made in breach of the provisions of these TERMS OF USE and/or current applicable regulations.
SERVICES interruptions might be produced due to updates, maintenance of the APP or any of the technical means used to provide the SERVICES. The USER therefore accepts that SERVICE interruptions will occur for reasons of maintenance, repair, increase or extension of benefits or functionality, and ultimately all those activities that have an impact on an improvement of the SERVICES or their preservation.
Likewise, ADN reserves the right to temporarily or permanently interrupt the SERVICE when the USER is breaching any of the existing clauses in these TERMS OF USE and especially, when the USER is committing any type of illegal activity or when the USER is using the Service violating the provisions of these TERMS OF USE.
The interruptions of the SERVICE that refer to any of the causes of this clause will not give rise in any case to compensation to the USER.
The USER is informed and expressly consents that the personal data provided be processed by ADN, its purpose being the management and control of the USERS registered in the APP and the provision of the SERVICES. For the above purposes, the USER guarantees that the data provided is true, being expressly responsible for the possible consequences caused by the falsification of said information.
Additionally, and eventually, the App may capture and send anonymized usage data to analysis tools of the platform on which it runs (Android, iOS).
In the data capture form, it will be specified which data can be optionally included and which are the minimum mandatory data, which are strictly necessary to be able to fulfill the aforementioned purposes. The refusal to provide the data marked as mandatory will imply the impossibility of activating all the functionalities of the APP.
ADN has adopted the technical and organizational measures necessary to guarantee the confidentiality, security and integrity of the personal data provided, as well as to avoid its alteration, loss, treatment or unauthorized access.
ADN will not use the personal data of Users for any other purpose other than those expressly provided for in this Privacy Policy unless it is a purpose expressly permitted or required by current applicable regulations or that ADN has previously collected. the due consent of the Users.
Likewise, ADN will not share or transfer any personal data of Users to third parties without the prior consent of the latter, except when such communication is required by current legislation, by court order, or by a competent authority or responds to an interest. legitimate ADN that does not endanger the rights and freedoms of Users.
All the data provided by the User will be treated by ADN according to the current regulations on personal data protection, and in any case will have the character of confidential information for the ADN staff that manages said information.
The USER is informed that they may exercise their rights of access, portability, rectification, deletion, limitation and opposition. To exercise the aforementioned rights, you must present a letter, which will be accompanied by a photocopy of your ID or equivalent identification document, addressed to C / Gloria Fuertes 2, Gijón CP; 33204, or by email to info@adnmobilesolutions.com indicating in the Subject “ Data Protection". You can request additional and detailed information on data protection by requesting it at info@adnmobilesolutions.com
The personal data provided by the user will be kept as long as the relationship with the Responsible is maintained. At the end of the same, the personal data processed will be kept during the legally established periods or during the period that a judge or court may require them, taking into account the statute of limitations for legal actions. The processed data will be kept as long as the aforementioned legal periods do not expire, if there is a legal obligation to maintain it, or if there is no such legal period, until the interested party requests its deletion or revokes the consent granted.
The App, its source code and all its content (text, software, graphics, etc.) are subject to protection in application of current regulations on Intellectual and / or Industrial Property. ADN is the owner or has duly licensed all the Intellectual and Industrial Property rights on the App and its contents.
Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other use and/or act of exploitation of the App and/or its contents, whether or not it has commercial purposes, without prior notice Prior and express consent of DNA. By downloading the App, ADN grants the User a non-exclusive temporary license to use the App and its personal and non-transferable content for the sole purpose that the User can use the App and its contents under the terms and conditions contained in these CONDITIONS OF USE.
ADN reserves all Intellectual and Industrial Property rights over the App and its contents. In no case and under no circumstances does the download and/or access constitute or imply an assignment of any kind by the Company of the Intellectual or Industrial Property rights of the App or its contents.
Access to this APP does not grant USERS any right or ownership of intellectual or industrial property rights, or of the CONTENTS it houses.
The alteration of the CONTENT or structure of this APP by the USER is strictly prohibited.
These TERMS OF USE may be modified due to changes in the characteristics of the SERVICE or to comply with the provisions of the applicable regulations in force at any time.
The SERVICES made available to the USER may be varied by THE COMPANY without the need for prior notice. In the event that any of the SERVICES offered has particular conditions, these will be duly informed to the USER, and must be accepted prior to their provision.
USERS of the SERVICE may at any time unsubscribe through the indicated cancellation method, which will be considered the resolution of this agreement.
ADN in turn reserves the right to terminate this agreement at any time, for breach of its obligations by the USER or for any other reason, without being obliged to compensate them for it.
In the event that one or more of the stipulations of these TERMS OF USE is declared null or void of content, it will be considered as not put and will not affect the rest of the stipulations, which in any case will be complemented and interpreted with each other to complete, where appropriate, the regulatory gaps left by the stipulations that have been declared void.
The use of the APP will be governed and interpreted according to the content of these TERMS OF USE and, both these and everything that is not expressly regulated therein, will be governed and interpreted in accordance with Spanish legislation.
Any controversy that may arise from the access or use of the APP and its content is subject to the exclusive jurisdiction and competence of the Courts of Gijón (Asturias-SPAIN), without prejudice to the application of any mandatory legal provision to the contrary, in whose case will be to the content of the same.