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TERMS and CONDITIONS, PRIVACY POLICY AND COOKIES

I.- File and Website Owner

This website, the app and the data that may be collected are owned by KLIKIN DEALS SPAIN S.L. (herinafter “KLIKIN”), a Spanish company registered in the Commercial Registry of Sevilla in volume 6.153, page 116, section 8, sheet SE-108.791, Inscription 2st, with tax identification number B86468261 and domiciled in Sevilla, Calle Leonardo da Vinci 18, Edificio Tecnoincubadora Marie Curie, 5ª Planta, Módulo 3B, 41092 Sevilla.

II.- Protection of personal data

Personal data of KLIKIN Users will be entered into a file belonging to KLIKIN.

The User who provides personal data during the registration process or through the KLIKIN App installation is hereby informed of the incorporation of this data into the records of KLIKIN. It includes, among other things: identification data, contact data and geolocation in order to inform about KLIKIN’s merchants nearby.

The data will be processed by KLIKIN with the following purposes:

  • Management of KLIKIN loyalty program.
  • Surveys to improve our services.
  • Mailing about KLIKIN service
  • Mailing about KLIKIN’s promotions, commercial sector and new technologies by any means until the User exercises his right of opposition.
  • Mailing of promotions or congratulations related to special dates, such as festivities or birthdays by any means until the User exercises his right of opposition.
  • Mailing of information related to products, services and promotions of KLIKIN companies, mainly in the commercial sector and other related sectors (such as eatery, catering, gourmet products, beverages, tourism, beauty, fashion, textile, sports, health, gambling, telecommunications, technology, entertainment, video games, literature, press, etc.) provided by any means until the User exercises his right of opposition.

The User specifically and unequivocally consents that his personal data:

  • Is hosted by KLIKIN in the Amazon hosting services in the USA.
  • Is treated by KLIKIN by electronic communications companies like Mailchimp, located in the USA.

Users should know that the USA does not have a level of protection like the EU.

The User may exercise its rights of Access, Rectification, Cancelation and Objection on the terms legally provided for, for such purpose sending a communication by post to KLIKIN’s address provided in this document or sending an e-mail to the following address: lopd@KLIKIN.com from the account registered in KLIKIN and providing in any case a copy of the ID card.

IMPORTANT NOTE: The User guarantees that is at least fourteen (14) years old and will be responsible for this declaration.

The User guarantees, in any case, for the precision, validity and authenticity of the personal data provided, and undertake to keep them up to date or communicate any change to KLIKIN. The User is the sole responsible for the veracity and authenticity of the data provided and the damages that may cause to KLIKIN or third parties.

The User will be also responsible for communicating the loss of their login credentials to KLIKIN with immediate effect and to ask the rename of those credentials in case of loss or unauthorized access by third parties.

III.- Cookies Policy

3.1.- Use of cookies

In addition to those cookies that are essential to enable the User to navigate through the site, the names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

  • Google Analytics to monitor and analyze the Users’ interaction with the site. It collects anonymous information and report on website trends without identifying individual Users. The data obtained will be treated in accordance to the Privacy Policy for Google Analytics.
  • Cookies linked to social media, used with the sole purpose to facilitate the access to their services. The data obtained will be treated in accordance to their privacy policies: Facebook, Twitter and Google +.

3.2.- User consent

Cookies cannot be installed on your computer until you state your intention of surfing the web via one of the following actions:

  • Scroll vertically through the web
  • Click on any point or web link

3.3.- Blocking cookies

In any case, the User will be able to prevent the installation of cookies or to remove the ones that had already been installed. This will be carried out not only through the configuration of your browser but also through the use of specific applications.

  • Internet Explorer: Tools > Internet Options > Privacy > Settings.
  • Chrome: Settings > Advance Settings > Privacy.
  • Firefox: Tools > Options > Privacy > History.
  • Opera: Security > Privacy.

IV.-Terms and conditions

4.1.- Introduction and purpose:

These terms and conditions are intended to establish and regulate the general access to KLIKIN as well as other services provided by third parties or by KLIKIN (hereinafter, the “Services”).

Access to the Website and/or its use by the User necessarily and automatically means the User’s full, unreserved acceptance of and subjection to these Conditions of Use.

The User accepts these conditions in their current terms and in any terms that may supplement these, amend them or substitute them regarding the services and contents of the Website. KLIKIN reserves the right at any time to make any updates, amendments to and/or replacements of the services and contents of its Website, the Conditions of Use and, in general, any elements forming part of its Website.

The use of some services provided by KLIKIN, specially the registration and use as a merchant (hereinafter, “Merchant features”), is subjected to specific conditions that may substitute, complete and / or amend these terms and conditions.

4.2.- Access and User registration:

Access to the main page and the first information pages do not required a prior subscription or User registration.

However, the general access to the ‘transactional tool’ and the use of the Services are provided only after the User registration. KLIKIN may also provide different services requesting extra User information or payments. In any case, KLIKIN will inform the User about these specific conditions.

KLIKIN reserves the right to deny registration as a “merchant” to any company or person.

The companies or professionals registered as merchants will have an “administrator account”. Once the owner of the commerce will have the access to the administrator account, it will be able to register as many Users he/she wants. They will be able to have access to their clients’ profiles through the website.

Any personal data treatment by KLIKIN or by the merchants shall be carried in accordance with the applicable personal data legislation.

4.3.- Users’ obligations:

The Users shall be solely responsible, without prejudice to the new obligations that may arise, for:

  • The User is fully responsible for the content and veracity of all information that he or she sends during the registration process, as well as, for communicating any changes to KLIKIN. The User shall be the solely responsible for any false or inaccurate statements made and the damage caused to KLIKIN or others for the information provided.
  • Ensuring that the personal data related to the Users of each merchant is introduced into the system in accordance with the applicable laws, rules and regulations at all times.
  • Maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application.
  • Communicating KLIKIN with immediate effect in regards to any violation of KLIKIN security, inappropriate or prohibited use of services.
  • Ensuring that all posted information is appropriate in tone and is accurate and complying with all applicable laws, being responsible for:
    • Refrain from illegal, fraudulent or harmful practices of KLIKIN services
    • Refrain from any action that could disable or damage KLIKIN systems and equipment.
    • Respect the rights of intellectual property of KLIKIN and third parties in regards to the content, information and services provided through the website. It is forbidden the use, copy, distribution or communication of this content without the prior written authorization of KLIKIN or the holders of those rights.

It is forbidden the resale of any of the services or contents provided through KLIKIN.

V.- Intellectual and industrial property:

All software and KLIKIN content such as texts, animations, images, etc., as well as trademarks, trade names or logos are owned by KLIKIN or by third parties and are protected by national and international laws on intellectual and industrial property.

KLIKIN grants the User a license to use the system during the term of their agreement. Any termination of the agreement will automatically imply the revocation of this license.

VI.- No warranties:

Access to KLIKIN do not imply any warranty regarding the quality, reliability, accuracy, legality or validity,as well as the purpose of the Users that access to it. The access to KLIKIN and the use of its information are under the sole responsibility of the User.

KLIKIN is not responsible for any damaged or loss due to the use of the information or content of KLIKIN, as well as the content available through KLIKIN.

KLIKIN is not responsible for the quality, reliability, accuracy, legality or validity of KLIKIN’s content from the Users’ point of view.

KLIKIN may provide links to other contents owned by third parties. KLIKIN thus takes no liability for any results that may ensue from the User accessing third-party sites by links on the Website, or for any content, text, photographs and/or other posted Information, including any posted Information which may violate applicable law and/or a third party’s intellectual property rights.

VII.- Security:

KLIKIN uses extensive and sophisticated secure technology to protect the system and Users data from deliberate attacks, malicious software, etc.

The User understands and accepts the consequences and risks of providing services through internet.

Therefore KLIKIN cannot guarantee the impregnability of its security system and does not guarantee that the personal information you provide will not be intercepted by others  due to security problems.

VIII.- Interruption or Suspension of the system:

Generally, KLIKIN services are available 24x7on the Internet. However, the User is aware that the service can be interrupted due to the characteristics of Internet itself.

Some situations that can interrupt the system are:

  • Maintenance work on servers.
  • Breakdowns.
  • Attacks against the security and integrity of the system.
  • Computer viruses.

KLIKIN shall not be liable for any damages arising from any such interruption, suspension or termination of the website and/or application and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the website and/or application.

KLIKIN may at any time, in its sole discretion and without prior notice, suspend definitively its presence and the services provided through it. KLIKIN is exempted from any liability that may arise from the permanent cessation of those services.

IX.- Applicable legislation and jurisdiction:

These Terms and Conditions will be regulated by the provisions of Spanish legal regulations.

In case the User is legally considered as consumer, the competent court shall be that of the place where the defendant has his address.

In case the User is not legally considered as consumer, he agrees to subject himself to the courts and tribunals of the capital city of Madrid.

Platform Online Dispute Resolution: The European Commission provides online litigation resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/, in which will be possible to manage complaints regarding online contracts. Contact Email: info@klikin.com