Terms & conditions of use of the WAYRA NEXT TREND
IMPORTANT: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE CONTINUING WITH THE USE OF THIS SERVICE
© 2020 Wayra Investigación y Desarrollo, S.L.U., Ronda de la Comunicación SN, 28050, Madrid, Spain.
Registro Mercantil Madrid, Tomo 28.914, Folio: 73, Sección: 8, Hoja M-520642, Inscripción: 1, email@example.com
These Terms And Conditions Of Use (hereinafter, the “Terms & Conditions”) constitute an agreement between Wayra Investigación y Desarrollo, S.L.U., with Tax Identification Code B86230562 and with Registered Office In, Ronda de la Comunicación SN, 28050, Oeste 3, 28050, Madrid (also Called “Telefónica”) and You or User (whether as a natural or legal person) with respect to the use on your behalf of the different services to be offered by WAYRANEXTTREND business going forward, “WAYRANEXTTREND”).
Through the WAYRANEXTTREND Platform, the best Startups can have the opportunity to be anallized by the Telefónica´s Group entrepreneurial company, Wayra Investigación y Desarrollo, S.L.U. in oder to evaluate a collaboration or investment.
To respect the use of WAYRANEXTTREND, You:
- You may not accept these terms & conditions If You don´t have legal representation to act on behalf your Startup.
- Comply with the TELEFÓNICA instructions related to the use of WAYRANEXTTREND and all the actions related to it.
- Must not:
- Give access to any third party to the resources involved in the WAYRANEXTTREND.
- You may not assign these terms and conditions or transfer your rights or obligations in any way without the prior written consent of WAYRANEXTTREND.
- Use WAYRANEXTTREND in a manner that is inconsistent with the reasonable and good faith use of WAYRANEXTTREND.
- Use WAYRANEXTTREND in a manner that, in WAYRANEXTTREND’s judgment, affects or is likely to directly affect WAYRANEXTTREND or other WAYRANEXTTREND users.
- Make use of WAYRANEXTTREND in a manner that may disturb, interfere with, distort or damage the WAYRANEXTTREND systems.
- Make use of WAYRANEXTTREND fraudulently or in connection with a crime.
- Make use of WAYRANEXTTREND to send, receive, store or knowingly communicate any material that is illegal, unprotected, offensive, abusive, indecent, defamatory, obscene or threatening, is a nuisance or a deception or any other type of material likely to cause an offense;
- Use WAYRANEXTTREND to harass, spy on, annoy, cause unnecessary distress or anxiety to any person, or to pose as another person or act in a manner that can be reasonably considered unpleasant, or is otherwise harmful to others,
- Use of WAYRANEXTTREND in a manner that contravenes any license, code of practice, instructions or guidelines issued by a relevant regulatory authority,
- Make use of WAYRANEXTTREND to send spam or send unsolicited advertising or promotional material.
- Make use of WAYRANEXTTREND to send or transmit anything, content or software material that contains or contains viruses.
- Make use of WAYRANEXTTREND in a manner that may damage the reputation of WAYRANEXTTREND or any entity within the Telefónica Group, or otherwise lead to WAYRANEXTTREND discredit or the reputation of third parties.
- Make use of WAYRANEXTTREND in any way that violates copyright , trademarks, confidentiality, privacy or that is used to infringe the intellectual or industrial property rights of third parties.
- Own or continue to maintain the licenses, consents and / or notifications required under any applicable law, regulation and / or administrative order to receive and use WAYRANEXTTREND, if any.
- Will use WAYRANEXTTREND only:
- In accordance with all applicable laws and regulations.
- As provided in these Terms & Conditions and any documentation that is part of WAYRANEXTTREND;
- Will not use any documentation that is part of WAYRANEXTTREND except to support your authorized use.
- Except as expressly set forth in these Terms & Conditions, You will not (i) modify, adapt, translate, duplicate, disassemble, decompile, re-assemble, reverse compile or reverse engineer or take similar action with respect to WAYRANEXTTREND for any purpose, or (ii) will attempt to discover the source code or the underlying algorithms of WAYRANEXTTREND (unless prohibited by current law and then, only to the extent specifically permitted by applicable law, and only after providing WAYRANEXTTREND a reasonable written notice in advance and with the opportunity to respond).
- In order to design, modify or develop software or similar services in purpose, scope or function to WAYRANEXTTREND, will not participate in competitive analysis, benchmarking, use, evaluation or visualization of WAYRANEXTTREND or create any derivative based on WAYRANEXTTREND , whether for internal use, licensing or resale;
- Must comply with the laws in force and will not allow any party, either directly or on its behalf, to fail or violate any of these restrictions.
- Regarding the maintenance of copyright notices, will not remove or alter any copyright notice in any of the copies of “WAYRANEXTTREND”.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All copyrights, names, trademarks, trade names, service marks or any other identifying feature in WAYRANEXTTREND and its copies, as well as any other distinctive signs, patents, licenses or copyrights are intellectual property or WAYRANEXTTREND industrial pertaining to WAYRANEXTTREND.
These Terms & Conditions grant You the limited right to use WAYRANEXTTREND under the Terms & Conditions and restrictions specified here or in any futher legal obligation that you should accept.
WAYRANEXTTREND may use your name and/or logo on a list of customers used in market materials provided You consent to WAYRANEXTTREND by email at WAYRANEXTTREND´s relevant request.
At any time of signing these Terms & Conditions, any Telefónica´s Group Companies may post a press release announcing your participation in this WAYRANEXTTREND.
Telefónica assumes no responsibility whatsoever in respect of connection to or the content of third party links contained on the web site, nor does it guarantee the absence of viruses or other elements in the said links which may cause alterations to the user’s computer system (hardware and software), documents or files, including responsibility for any damages of any kind caused to the user for this reason.
Telefónica may restrict, suspend or terminate the account or the use of any member who abuses or wrongly use the Platform. misuse of a Platform invite other users who do not know to connect with you will be considered; create multiple profiles or false; use the platform for commercial purposes without authorization of Telefónica; infringe any industrial or intellectual or any property of the items listed in the list of what you can and can not do in paragraph or any other behavior thatTelefónica, in its sole discretion, considers contrary to its purpose.
ASSIGNMENT OF IMAGE RIGHTS
You declare and agree, on behalf of You:
(I) That You have given your consent to upload any content in the context of the WAYRANEXTTREND, (hereinafter, the “Recording”) made by you and granted to TELEFÓNICA.
(II) You give its express consent to TELEFÓNICA, with the scope of attribution and of a non-exclusive nature, without any time or territorial limitation and with the power to assign to third parties, for the use of the rights to its own image, voice, name and, in general, everything related to the right to its own image, with no lime limit, so that TELEFÓNICA and/or third parties may promote and exploit the Recording, with any Telefónica Group Companies, with no entitlement to any remuneration in regard..
(III) That, in respect of any materials used by You as part of the Recording and which are subject to intellectual or industrial property rights, You have sufficient rights. In addition, You state that your image rights and name are not currently assigned to other companies that could in any way prevent or limit this assignment.
(IV) The consent granted by this Agreement may be revoked at any time in accordance with the provisions of Organic Law 1/1982 on the civil protection of the right to honor, personal and family privacy and image, and You shall compensate TELEFÓNICA for any damages caused at the latter’s discretion.
(V) You authorize Telefónica to use names an tittles of your projects for mention on the website social media or any other acts or events to related to the Telefónica WAYRANEXTTREND
Who is the data controller for the processing of your data as a user of the website?
The data controller for the processing of your data is:
• Name: Wayra Investigación y Desarrollo, S.L.U.,
• CIF: B86230562, Ronda de la Comunicación SN, 28050, Madrid, Spain. Registro Mercantil Madrid, Tomo 28.914, Folio: 73, Sección: 8, Hoja M-520642, Inscripción: 1.
• E-mail: firstname.lastname@example.org
Personal data we collect from You:
|Categories of personal data||Description of category|
|User data or company data||This is the personal data that is provided by You or collected by us to enable You to sign up for and use of this web. Depending on the type of the information You send us, this may include the main legal information of your company, it VAT , it Bylaws, email address, phone number, street address, and country. Some of the personal data we will ask You to provide is required in order to create your account and to verify the status of your company. You also have the option to provide us with additional personal data in order to make your account more personalized.|
The data You provide, either by completing the registration form or by browsing the website:
Name and surname
• Prefix and Phone number
Web Site Browsing:
• User’s IP address
• Date and time of connection
• Identification data of the device used for navigation
• Web Site Browsing behavior
• If applicable, Image
Company complete address
How do we obtain and where do your data come from?
Directly from You, either by completing the registration form or by browsing the Web site.
What we use your personal data for?
In order to enable your participation in the WAYRANEXTTREND.
When You use or interact with the WAYRANEXTTREND, we use a variety of technologies to process the personal data we collect from You for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data for these purposes:
|Description of why Wayra Investigación y Desarrollo, S.L.U., processes your personal data (‘processing purpose’)||Legal Basis for the processing purpose||Categories of personal data used by Wayra Investigación y Desarrollo, S.L.U., for the processing purpose|
|To provide the service of this web.||Performance of a Contract Legitimate Interest Consent||User Data Usage Data|
|To communicate and be in contact with You with the commercial proposal of informing You about the products and services that are relevant to You through various channels, for example receiving our newsletter or news editions of WAYRANEXTTREND.||Legitimate Interest Consent||User Data|
|To understand, diagnose, troubleshoot, and fix issues.||Performance of a Contract Legitimate Interest||User Data Usage Data|
|To evaluate and develop new features, technologies, and improvements.||Legitimate Interest Consent||User Data Usage Data|
|To comply with legal obligations and law enforcement requests.||Compliance with legal obligations Legitimate interest||User Data Usage Data Contests, Surveys and Sweepstakes Data|
|To fulfill contractual obligations with third parties, for example licensing agreements and to take appropriate action with respect to reports of intellectual property infringement and inappropriate content.||Legitimate interest||User Data Usage Data|
|To establish, exercise, or defend legal claims.||Legitimate interest||User Data Usage Data Contests, Surveys|
|To conduct business planning, reporting, and forecasting.||Legitimate interest||User Data Usage Data|
|To conduct research, contests, surveys, and sweepstakes.||Performance of a Contract Legitimate Interest Consent||User Data Usage Data Contests, Surveys|
How long do we keep your data?
We’ll store your data two years since the end of your participation.
Who has access to your data?
In addition to Wayra Investigación y Desarrollo, S.L.U., You have access to your personal data:
|Categories of Recipients||Reason for sharing|
|Providers||We work with service providers that work on our behalf which may need access to certain personal data in order to provide their services to us. These companies include those we’ve hired to provide customer service support, operate the technical infrastructure, grant your Access to some features that we need to provide the WAYRANEXTTREND, assist in protecting and securing our systems and services, and help market Wayra Investigación y Desarrollo, S.L.U.,’s own products and services as well as partner products, services, events, and co-branded promotions in which Wayra Investigación y Desarrollo, S.L.U., is involved.|
|Wayra Investigación y Desarrollo, S.L.U., partners||We may also share personal data with that third party about your use of the the web, such as whether and to what extent You have used the offer, activated a Wayra Investigación y Desarrollo, S.L.U.|
|Other Wayra Investigación y Desarrollo, S.L.U., group companies||We will share your personal data with other Wayra Investigación y Desarrollo, S.L.U., group companies to carry out our daily business operations and to enable us to maintain and provide the service of the web to You.|
|Law enforcement and data protection authorities||We share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena. We also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.|
Wayra Investigación y Desarrollo, S.L.U., may share your personal data globally with Telefónica group companies in order to carry out the activities specified in this Policy. Wayra Investigación y Desarrollo, S.L.U., may also subcontract processing to, or share your personal data with, third parties located in countries other than your country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country.
Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances Wayra Investigación y Desarrollo, S.L.U., shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
What are your rights and how can You control your data?
Accessing, rectifying and deleting or carrying your data, limiting the processing, as well as other rights and management options available.
You can exercise all these rights (at any time and for free) by sending an email to the following address along with your ID Card or digitized passport: email@example.com
Finally, You have the right to complain to the national control authority. For these purposes You must contact the Spanish Data Protection Agency, at the following information:
Spanish Data Protection Agency
C/Jorge Juan, 6 – 28001 Madrid
Phones: 901 100 099/91 266 35 17
How do we protect your data?
Wayra Investigación y Desarrollo, S.L.U., guarantees the security, secrecy and confidentiality of its data, communications and personal information adopted by the most stringent and robust security measures and, in its case, putting at your disposal tools and functions that allow You to control the processing of your personal information.
The existence of automated decisions that produce legal effects for You.
You are informed that the processing of your data for the purposes indicated will not imply by Telefónica the application of automated decisions that produce legal effects for You, unless expressly consented by You.
Processing compatible with the informed purposes.
WAYRANEXTTREND expressly waives the right to grant any guarantee on WAYRANEXTTREND.
You understand and expressly accept that the use of WAYRANEXTTRENDs is at your own risk. WAYRANEXTTREND is supplied as is and according to availability. TELEFONICA does not guarantee or assume responsibility for the accuracy or completeness of any information, documentation, text, graphics, links or other elements contained in WAYRANEXTTREND.
TELEFONICA does not give guarantees regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other computer of this type. TELEFONICA also expressly disclaims any warranty or representation to End Users or third parties.
You agree to hold harmless and indemnify Telefónica´s Group Companies and its partners, officers, agents, employees, advertisers or partners from and against (i) any third party claim that arises or is related to its use.
LIMITATION OF LIABILITY
In no event shall any of the Telefónica´s Group Companies be liable for any damages (including, without limitation, loss of profits, loss of business, business interruption or loss of information, tax impact…) arising out of your use or inability to use WAYRANEXTTREND (including your end users), The cost of the acquisition or goods and services of substitutes, the declaration or conduct of third party services or products, even if WAYRANEXTTREND has been advised of the possibility of such damages.
In no event shall TELEFONICA be liable for loss of data or for indirect, special, or incidental damages (including loss or loss of business, whether direct or indirect, loss or corruption of data), or for any other indirect loss or consequential or for damages based on these Terms & Conditions.
Telefónica´s Group Companies shall have no liability with respect to the content of WAYRANEXTTREND or any part of the service, including, but not limited to, errors or omissions contained, slanders, infringements of advertising rights, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or disclosure of confidential information.
You will be directly responsible for any damages suffered by Telefónica arising out of any breach of these Terms & Conditions. This obligations are not subject to the liability limitations. You agree to indemnify and save Telefónica harmless from all claims, or for damage to property or of any other third party (including costs and expenses of defending against such claims) from or by whomsoever caused. You agrees to use the Telefónica assets at its own risk and hereby releases Telefónica, its agents and employees, from all claims for any damage or injury to persons (including death) or property to the full extent permitted by law. You agrees that Telefónica shall not be responsible or liable to You, its agents, employees, customers or invitees, for damage or injury to persons or property occasioned by the acts or omission of any other tenant or such tenant’s agents, employees, customers or any other person related to these Terms & Conditions.
- The information of your Company, your deck, the uploaded video and any information uploaded by you, the Discloser, other non-public information which should reasonably be considered to be confidential. All such information shall be “Confidential Information” for Telefónica, the TELEFÓNICA.
- TELEFÓNICA may only use Confidential Information for the WAYRANEXTTREND Purpose and will not disclose, publish or otherwise disseminate Confidential Information to any person or other party whatsoever, except where expressly allowed by this terms and conditions. Each party agrees to keep the existence of this Agreement confidential unless otherwise agreed by both parties.
- TELEFÓNICA shall be entitled to disclose Confidential Information to its employees, contractors, agents, advisors, any Company of the Telefónica Group provided TELEFÓNICA ensures any such person has a legal obligation to keep the Confidential Information confidential (in the case of employees, contractors or advisor, both during and after their current employment or engagement), on terms no less strict than this terms and conditions. Any disclosure of such Confidential Information by any such employee, contractor, agents, advisor or affiliate will be deemed to be a breach of this terms and conditions by the TELEFÓNICA.
- The restrictions in this terms and conditions shall not apply to Confidential Information which is:
- already known to TELEFÓNICA without restriction before receipt from Discloser;
- publicly available through no fault of TELEFÓNICA;
- rightfully received by TELEFÓNICA from a third party which has the right to disclose it to TELEFÓNICA without disclosure;
- independently developed by TELEFÓNICA without the use of any Confidential Information;
- approved for release by written authorisation of the Discloser; or
- required to be disclosed by any law or order of a court of competent jurisdiction, recognised stock exchange, regulatory authority, governmental department or agency, providing that prior to such disclosure the TELEFÓNICA shall, to the extent permitted by applicable law, consult with the Discloser as to the proposed nature and WAYRANEXTTREND Purpose of the disclosure.
- TELEFÓNICA shall protect the Discloser’s Confidential Information using at least the same degree of care that it uses to protect its own confidential and proprietary information of similar importance, but no less than a reasonable degree of care.
- Discloser warrants that it has the right to disclose Confidential Information to TELEFÓNICA, but all such information is provided on an “as is” basis with no other warranty, express or implied regarding its accuracy or performance.
LAW AND JURISDICTION
These terms and conditions will be governed by Spanish law. In the event of a disagreement in the interpretation and execution of these Terms & Conditions You and WAYRANEXTTREND agree to submit to the courts and tribunals of the city of Madrid.
TERM AND TERMINATION
This Agreement shall commence when You apply to the WAYRANEXTTREND, which means to accept these Terms & Conditions by clicking the acceptance button of the registration form at the end of the registration process, as part of the first phase and once You have been communicated that You are elected to participate in the WAYRANEXTTREND (“Effective Date”) and continue in force for up to a period of eighteen (18) months.
Notwithstanding the foregoing, Telefónica may, at its sole discretion and without prior notice, terminate these Terms & Conditions, suspend or terminate your access to the WAYRANEXTTREND Platform or cancel your participation in WAYRANEXTTREND. Telefónica reserves the right to terminate the WAYRANEXTTREND at any time.
In addition, Telefónica may terminate this relationship immediately in the event that (i) Telefónica determines, in its sole discretion, that the provision of the web offered to You is prohibited by applicable law or rendered impracticable or unfeasible for any legal or regulatory reason, (ii) Telefónica determines, in its sole discretion, that You breach any of the Terms & Conditions of this document or that You are using WAYRANEXTTREND, or are acting, in such a way that the use of WAYRANEXTTREND granted to other clients or on any infrastructure related to Telefónica WAYRANEXTTREND Platform may be adversely affected or (iii) Telefónica determines, in its sole discretion, that your use of WAYRANEXTTREND Platform (or by its End Users) poses a risk of security or service that may involve the responsibility of Telefónica or third parties. Upon termination or expiration of these Terms & Conditions, You shall immediately cease and desist from all use and manner of Telefónica WAYRANEXTTREND Platform;
Forced Suspension. If Telefónica is required to suspend the WAYRANEXTTREND to comply with an order, instruction or request of government, an emergency services organization, or other competent administrative authority, Telefónica, if possible under the requirement, will use its commercially reasonable efforts to notify You of the requirement to suspend WAYRANEXTTREND prior to such suspension, Telefónica shall have the right to suspend WAYRANEXTTREND with immediate effect and without any other formalities and without liability.
The Parties declare that they comply with the laws and regulations that apply to them in the fight against corruption, as well as that they have internal policies and procedures to ensure that they are complied with. Each Party shall forthwith communicate to the other the eventual breach of any of these obligations; In such a case, the party receiving the communication shall have the right to request the immediate application of corrective actions.
CONSERVATION AND INTEGRITY OF THESE TERMS AND CONDITIONS AND NO WAIVER
The declaration of nullity or invalidity of any clause of these Terms & Conditions, unless they are essential in nature, will not affect the validity and effectiveness of the other clauses.
Failure or delay of any party involved in these Terms & Conditions to exercise or enforce any right, power or remedy under these Terms & Conditions shall not be deemed to be a waiver of such right, power or remedy.
In conformity sign in duplicate, to a single effect, the present Terms & Conditions.
The requests for Support Services will be answered by WAYRANEXTTREND as soon as possible by email addressed to firstname.lastname@example.org