Terms and Conditions

Terms, conditions and Contract (hereinafter, the “Terms of Use”)

IDENTIFICATION DATA:

PLAYVISIT, S.L. (hereinafter PlayVisit) is a company established in Street Villar, 40, 08041 Barcelona (Spain), CIF B67400499 and registered in the Companies Registry of Barcelona in Volume 46834, Folio 19, Sheet 532450, Inscription 2nd. Telephone number 6 7 8 0 6 1 7 3 2 and the following email address: founders @ playvisit.com.

This privacy policy has been updated on 10/01/2020.

1. PURPOSE AND GENERAL

1.1.- PlayVisit is the owner of the website https://www.playvisit.com/ (hereinafter, the “Website”), through which it offers:

  • A software license for the creation and monetization of virtual tours with geolocation technologies (outdoor and indoor) and gamification for clients and users of any sector, especially Tourism, Culture, Education, Retail, among others.
  • Access by customers to integration software (SDK and API) of experiences in their own software products.
  • Access by users to digital virtual tours accessed through the Internet.

(hereinafter jointly the ‘PlayVisit Services)

1.2.- By accepting these Terms of Use, PlayVisit grants its users in a non-transferable and non-exclusive way and under the terms and conditions provided in these Terms of Use a right to use its web platform and its different functionalities (hereinafter, the ‘Platform’), without granting said user any right to exploit intellectual and industrial property over it.

For these purposes, it is expressly stated that the users of the Website and therefore of the PlayVisit Services will be companies (hereinafter the “Client”) and users (hereinafter the “User”) who contract these services to be used by them and by their users.

1.3.-The Terms of Use described below, regulate the conditions of use and access to the Website and the use of PlayVisit Services by the Client and all this without prejudice to the particular conditions that regulate the use, provision and / or contracting of the products or services of third parties that, where appropriate, may be offered through the Website.

2. USE OF THE WEBSITE

2.1.- The PlayVisit Client undertakes to make proper and lawful use of the Website, in accordance with the applicable legislation and with the provisions of these General Conditions.

2.2.- Misuse of the Website is prohibited. Consequently, the Client must abstain, among others, from:

  • Committing crimes, or encouraging others to do so.
  • Introducing or distributing computer viruses on the network, posting offensive or obscene material.
  • Hacking aspects of the Website service.
  • Corrupt the data displayed on the Website.
  • Sending unsolicited advertising or promotional materials (“spam”).

2.3.- The Website may also contain links to other websites that are not operated by PlayVisit (hereinafter ‘Other Websites’). PlayVisit does not exercise any control over Other Websites and is not responsible for their content or for any damage that may be caused by their use. PlayVisit reserves the right to eliminate said links if by any means it is known that any irregularity or illegality is committed on the linked site.

3. ACCEPTANCE, MODIFICATION OF THE TERMS OF USE

3.1.- The use and access to the Website by the Client implies the acceptance of these Terms of Use. Likewise, in order to contract the provision of PlayVisit Services, it is mandatory that Clients fill out a form with their identification data expressly accepting these Terms and Conditions and the Privacy and Cookies Policy. If the Client has any questions regarding the Terms of Use, they may contact the Company using the identification data mentioned in these General Conditions. These General Conditions and Privacy and Cookies Policy can be consulted on our Website.

3.2.- PlayVisit reserves the right to modify the content of the Terms of Use at any time. In any case, this will not affect the Client, who will be subject to the Terms of Use in force of the Website at the time of contracting the Services or at the moment of use and access to the Website.

3.3.- The contract may be formalized in any of the languages in which the Terms of Use are available on the Website.

4.SERVICES PROVIDED AND LIMITATION OF LIABILITY OF PLAYVISIT

4.1.- PlayVisit only provides directly through the Platform the services indicated in the previous section 1.

4.2.- PlayVisit, in no case will be responsible for:

  • The content hosted on the Platform by the Client;
  • The use and inappropriate treatment of personal data collected by the Clients of its users;
  • Possible damage to equipment due to improper use of the data collected;
  • Damage due to a virus infection of its computers;
  • The errors produced by the access providers;
  • Any illegitimate interference by a third party;
  • Defective configuration by the Client.

5. PLAYVISIT, CLIENTS AND USERS OBLIGATIONS

5.1.- Obligations and guarantees of PlayVisit:

  • Provide PlayVisit Services in accordance with the terms established in these Terms of Use.
  • PlayVisit undertakes to put sufficient means so that the Platform is available 24 hours a day, every day of the year, although it is not responsible for the lack of operation or punctual interruption of the PlayVisit web pages attributable to third parties or of any unforeseeable event on the part of a person outside the contract or unforeseeable event or force majeure.
  • Notwithstanding the foregoing, PlayVisit reserves the right to interrupt the Website and / or the Platform when necessary in order to carry out technical repairs, maintenance, make changes to the Platform (design, texts, technology, etc.) and / or to improve its services. To the extent possible, PlayVisit will notify in advance of interruptions that are due to foreseeable circumstances, such as maintenance and connectivity outages.

5.2.- Obligations of the Client:

  • Fill in the identification and registration forms according to the instructions indicated. The Client is responsible for ensuring that both the data provided in the registration and contracting processes are truthful and accurate, committing to notify PlayVisit of all changes in them that affect the contractual relationship.
  • Adopt any security measures that are convenient or necessary to preserve the confidentiality and secrecy of your User (Login) and Password (Password) for accessing the PlayVisit Platform, which will be, in any case, personal and non-transferable.
  • Not to use the Website or the Platform for activities contrary to the laws, morals, public order or for illegal, prohibited, or harmful to the rights and interests of third parties. PlayVisit is not responsible for the consequences and damages that may result from an inappropriate use of the Services provided through the Website and / or the Platform.

6. SERVICE CONTRACT

6.1.- In order to contract the PlayVisit Services, the Client and users must subscribe to these Terms of Use.

6.2.- Access to the Platform is done via the internet, requiring that the Client and User has been previously registered. To do this, the Client must enter the personal data required as mandatory on the main page of the Website and press the ‘Register’ button. If the Client already has an account, they can log in by clicking ‘Login’ and entering their email and password.

6.3.- When the Client registers to PlayVisit, we will send an email confirmation that the contract has been started (hereinafter, “Contract Confirmation”), always depending if the Client has provided us a valid email address. PlayVisit is not responsible for errors and non-operability of the email address provided by the Client.

6.4. When the User registers to PlayVisit, we will send an email that the contract has been started (hereinafter, “Contract Confirmation”), always depending if the Client has provided us a valid email address. PlayVisit is not responsible for errors and non-operability of the email address provided by the User.

6.5.- Once the Client and/or the User has started a valid session on the Platform, they will be able to select the PlayVisit Services they wish to contract.

7. DURATION OF THE CONTRACT AND RESOLUTION

7.1.- This Contract has a duration of one year from its signature unless there is a specific contract, and it will be tacitly renewed for equal periods if neither of the Parties, by means of written communication and with a minimum advance of 2 months before the expiration of the initial period of duration or any of its extensions, communicates your wish not to renew it.

7.2.- Either of the Parties, if it so decides, will have the right to terminate this Agreement freely and without penalty with a notice period of 2 months. In this case, the other Party must be notified, in writing, of the will to terminate the Contract by certified mail to the address specified in this Contract. PlayVisit will proceed to charge the proportional part for the time elapsed.

8. PRICE AND PAYMENT

8.1.- PlayVisit will issue an annual / monthly invoice to the Client based on the service that they have contracted. Free service has no cost to the Client. Details of the software prices consult in https://www.playvisit.com/pricing/.

8.2.- El Cliente se compromete a pagar dicha factura mediante tarjeta bancaria o cualquier otro método previsto en la Plataforma PlayVisit.

8.3.– PlayVisit will issue a receipt to the User based on the services they have contracted.

8.4.- A MAU is a unique user that starts the tour in a web browser each day. If this same user start it in a different browser or the next day it counts as a new MAU.

9. PROHIBICIÓN OF TRANSFER OR ASSIGNMENT

The total or partial transfer or assignment of this contract is prohibited without the prior consent of PlayVisit.

10. PROPIEDAD INTELECTUAL E INDUSTRIAL

10.1.- PlayVisit, as the owner of all the rights of the Platform, holds all its intellectual and industrial property rights, except for the license granted through this Agreement. PlayVisit expressly reserves the rights of exploitation that it owns on the Platform under license, expressly including the rights of reproduction, transformation, public communication and distribution in all possible forms of exploitation.

10.2.- The Website https://www.playvisit.com/ and all the URLs where PlayVisit offers its services are domains registered by PlayVisit. Likewise, the Intellectual Property rights relating to the software and the contents of the Website belong to PlayVisit or its licensors.

10.3.- Consequently, the total or partial reproduction of the Website is expressly prohibited. It is also not allowed to publish, manipulate or distribute the content of the Website without the express authorization of PlayVisit or the legitimate owner, where appropriate.

11. CONFIDENCIALITY

All Parties undertake to keep reserved and confidential the existence and content of all documentation and information supplied, transmitted or revealed by signing this Contract, regardless of the medium, form or support used (hereinafter, “Confidential Information”), committing not to make any disclosure to third parties or public communication without the prior written authorization of the other party.

As an example but not limiting, Confidential Information will be understood as all that related to customer data, its very existence, its structure, promotion and sales plans, source codes and object of computer programs, systems, techniques, inventions, processes, patents, trademarks, registered designs, copyrights, Know-how, trade names, technical and non-technical data, drawings, sketches, financial data, plans relating to new products, data relating to customers or potential customers as well as any other information used in the business environment of PlayVisit.

The obligation of Confidentiality will subsist even after the termination, for any reason, of the contractual relationship between the Parties without generating any type of compensation.

The breach of the confidentiality obligation assumed in this agreement or the return of the Confidential Information established above, will empower any of the Parties to claim the full amount of the damages that such breach would have generated.

12. PRIVACY POLICY AND PROTECTION OF PERSONAL DATA

PlayVisit takes the privacy of our clients very seriously and complies with the General Data Protection Regulation (RGPD) 2016/679 of the European Parliament and of the Council as data controller.

PLAYVISIT, S.L. (hereinafter PlayVisit) is a company established in Street Villar, 40, 08041 Barcelona (Spain), CIF B67400499 and registered in the Companies Registry of Barcelona in Volume 46834, Folio 19, Sheet 532450, Inscription 2nd. Telephone number 6 7 8 0 6 1 7 3 2 and the following email address: founders @ playvisit.com.

We process the information provided by Clients and Users in order to provide the requested Service and bill for it. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with legal obligations.

The Client and Users consents that the personal data collected by PlayVisit may be transferred, for the same purpose as the Responsible, as well as in cases where there is a legal obligation.

You have the right to obtain confirmation on whether PLAYVISIT S.L. We are treating your personal data, therefore you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.

12.1.- PURPOSE OF THIS PRIVACY POLICY

We apply this policy to the treatment of the data provided by the clients of the different web pages under the PlayVisit brand, the exclusive property of PLAYVISIT S.L. or its affiliates. We also extend this policy to Clients and Users subscribed to our newsletter or other promotions or commercial communications and to large accounts that contact us directly for large volume orders.

12.2.- WHAT TYPES OF DATA DO WE PROCESS?

PlayVisit may process information on:

  • Data provided in the forms Clients and Users fill out when using our services or when creating an account;
  • Data on the use that the Client or User make of our services and the resources they access from our services.
  • Position and direction. This information can be added, anonymously, to similar information from other users (collectively referred to as “probe data”). This probe data may be used by PlayVisit.
  • Your interactions with us on our social media channels; and
  • Information we collect with cookies as set out below.

All these data are necessary for the provision of the Platform service to our Clients and Users.

12.3.- Cookies Policy

12.3.1. We use cookies and other similar technologies. Cookies are small files that store certain data on Clients and Users computer or mobile device.

12.3.2. We use cookies and other similar technologies to:

  • Identify the Client and the User and its device, for example, by identifying their IP address;
  • Enable the interaction of our services with third party platforms or social networks (provided that the client has authorized it);
  • Allow our payment processors to process Client and User payment instructions;
  • Offer our Clients and Users more personalized services.
  • Obtain data with to analyze how our services are used in order to improve them.

12.3.3. By accessing our websites or using our services, the user authorizes us to use cookies in accordance with the provisions of this Privacy Policy. Although cookies can be disabled in your browser settings, if you do, not all the functions of our services may be available.

12.3.4. We advertise our services on mobile devices. Ad identifiers are temporary, non-personal device identifiers, such as Android and / or Apple ad identifiers or IDFA. When we advertise our services on mobile devices, we may use your device’s ad identifier and other related information, which we may retain ourselves or which may be provided to us by our ad network partners, so that we can serve ads tailored to your interests and enhance and quantify the effectiveness of advertising campaigns.

12.3.5. You can choose not to have your device identifier used for advertising purposes, or reset your device’s ad identifier, by changing your device settings. The settings may vary depending on the device, but if you use an Apple device with iOS 11 or later you can find them in Settings – Privacy – Advertising, and if you use a Google Android device with Android 2.3 or later in Settings – Google – Ads.

12.4.- MANAGER OF THE TREATMENT

The information that our Clients and Users provide us is processed at the PlayVisit central offices at calle Marie Curie 8-14, A-128. 08042 Barcelona (Spain). This information is stored in its own computer systems or in technology providers. Our data protection officer is PLAYVISIT S.L. As a PlayVisit Client or User, you can directly contact our data protection officer at founders@playvisit.com, indicating in the subject ‘Data protection officer’.

12.5.- WHO CAN PROVIDE US WITH DATA?

People under 18 are not allowed to buy any service or product on the PlayVisit web pages. Nor to subscribe to promotions or commercial communications of our products. The user is always responsible for the veracity, accuracy, authenticity and validity of the data that has provided us and PlayVisit reserves the right to exclude any Client and/or Userwho has provided false information.

12.6.- HOW DO YOU PROVIDE US WITH YOUR DATA?

In the registration process, each Client and User can voluntarily give their express consent for the processing of their data, attached to this policy. Also when browsing the PlayVisit web pages, the user can include their data in the PlayVisit subscribers file. The purpose of this file is to communicate news in the application, offers and also information that may be useful for the Client and User to create their own personalized services. In both cases, the user can always exercise their rights over the processing of their data.

12.7.- DO WE SHARE OR TRANSFER YOUR DATA?

No. PlayVisit will not transfer your personal data to any company, whether affiliated or not, or will use your data differently from that indicated in this privacy and personal data protection policy. We commit to inform you of any corporate change that implies a new ownership of the data that you have entrusted to us, then giving you the option to exercise your rights.

12.8.- HOW DO WE PROTECT YOUR DATA

PlayVisit guarantees the confidentiality of the data provided by its Users and Clients protected through the use of personal passwords. Each user is responsible for its inappropriate use. PlayVisit does not use or contract any technological service with providers that do not guarantee this privacy policy. Nor do we contract services that cannot respond to the security of our users’ data. We are also committed to communicating to our users any security violation that could pose a risk to their individual rights.

12.9.- HOW LONG DO WE KEEP YOUR INFORMATION?

We will save your personal information to be able to offer PlayVisit services (invoices, card number, etc.) at least during the established legal terms.

As a User of the subscription service, we will keep your data as long as the information that is sent to your e-mail does not indicate any error in the sending and up to a maximum of ten years from its inclusion in the file. In any case, you can always exercise your rights over any of your data by contacting us by e-mail at: founders@playvisit.com.

12.10.- WHAT ARE MY RIGHTS AS USER?

The rights that we guarantee are:

  • Access
  • Rectification
  • Suppression
  • Opposition
  • Limitation of processing
  • Portability

13. NOTIFICATIONS

Any notification and communication that can or should be made in relation to this Contract, will be made in writing and must be sent by email to the addresses that appear in these Terms and Conditions.

14. JURISDICTION AND APPLCABLE LAW

This Contract is governed by Spanish Law. In the event that a part of this Contract is invalid or void for any reason, this will not affect the remaining stipulations of this Contract, which will remain valid.

To resolve any doubt or dispute that may arise between the parties regarding the fulfillment or interpretation of the clauses of this Contract, both parties, by mutual agreement, submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona, renouncing his own jurisdiction if it is different.