Preliminary: For the purposes of these Terms and Conditions, the following expressions shall have the following meanings:
BasketIQ Software: SaaS (Software as a Service) cloud solution for the sports management of basketball teams with different functionalities.
BasketIQ or the Supplier (indistinctly): company that holds all the rights over the BasketIQ Software and whose details are set out below.
Client: natural or legal person who carries out an activity related to the sporting activity of basketball, and who contracts with BasketIQ for purposes related to his commercial activity, business, in accordance with the provisions of these contracting conditions.
Authorised user: physical person authorised by the Client to access the BasketIQ Software who must be, in any case, a member linked to the Client.
The provider of BasketIQ's services is the company BasketIQ Deporte Inteligente, S.L., with registered office at c/ Creta 67 - 28, Gran Alacant, 03130, Santa Pola (Alicante), with NIF: B10825560 and duly registered in the Mercantile Register of Alicante in volume 4.491, folio 12, section 8, page A-180797. Hereinafter, "BasketIQ".
BasketIQ can be contacted directly and effectively by sending an email to the following address: contact@basketiqapp.com.
If you contract BasketIQ's services, you will have the condition of User and with the acceptance of the present contracting conditions, you declare to have read and understood their content, to be of legal age, with capacity to bind yourself in accordance with what is established in these, in your own name and right or in the name and representation of any physical or legal person legally constituted and that you act with a purpose linked to a commercial, business activity, trade or profession.
We inform you that certain aspects of the service may be subject to certain special conditions, which, depending on the case, will replace, complete and/or modify the present terms and conditions. In the event of contradiction, these special conditions shall prevail over these terms and conditions.
BasketIQ and the User may be identified, hereinafter and jointly, as the Parties; and, individually any of them, as the Party.
The recruitment procedure is currently available in English, French, Spanish and Swedish.
BasketIQ will not keep a copy of these conditions linked to the contracting, so we recommend that the Client keeps a copy of them.
BasketIQ does not have the technical means to identify and correct errors in the introduction of data by the user, except that it detects if any field that is necessary to process the application is pending to be filled in.
In order to contract a licence for any of the BasketIQ Software plans, the Client must:
Client's details: name and surname or company name, NIF, email, telephone, address.
Data of the administrator of the Client's account in BasketIQ: name and surname and e-mail address.
Once the whole process has been completed satisfactorily, and the corresponding payment has been made, the system will send an e-mail confirming the registration in the system to the address provided by the Client.
The Client will be able to access the BasketIQ Software with his e-mail address and with the password provided at the time of registration.
2.2. Accuracy of the data provided:
The Client is solely responsible for ensuring that the data provided is up to date, complete, accurate and truthful.
The Client expressly declares that he/she is entitled to provide the personal data he/she provides when contracting the service.
BasketIQ declines any responsibility for the non-fulfilment of such requirements with respect to the data provided by the Client.
In the event that the Client detects any error in the data provided, he/she must correct it as soon as possible through the Client profile menu in BasketIQ.
2.3. Customer passwords:
The passwords/access credentials are confidential. Therefore, the Client must be diligent in their use and conservation, so that it is not possible for them to be used by third parties, as their transfer to third parties is not authorised. Consequently, the Client is obliged to communicate to BasketIQ immediately the loss of his/her access codes as well as any danger or damage to its confidentiality, being liable, otherwise, for any damage or prejudice caused by means of accesses verified through such access codes.
In case the Customer does not remember his/her password, he/she can enter his/her e-mail address to obtain a new password.
If the Client does not remember the e-mail address provided at the time of registration in the service, he/she must contact BasketIQ at the aforementioned e-mail address, communicating the incident. BasketIQ may request the provision of the appropriate documentation (DNI/NIF, passport, deeds of incorporation, power of attorney or documentation of any other nature) that allows the Client to be identified and, if necessary, to re-establish the use of BasketIQ, and all this, for the sake of security in the provision of the service.
2.4. Prohibition to hold more than one Customer account:
Only one single Client account may be created in BasketIQ for each natural or legal person. BasketIQ reserves the right to cancel the accounts that do not comply with the above.
3.1. Description of the BasketIQ software:
BasketIQ is the legitimate holder of the exploitation rights of the BasketIQ Software, being in a position to grant the licence of use by which the Client is granted authorisation for the access to a computer program, understood as any sequence of instructions or indications destined to be used, directly or indirectly, in a computer system to perform a function or a task or to obtain a determined result, under the description and characteristics specified in the present General Conditions, called Basketiq (hereinafter, the "Software" or the "BasketIQ Software", indistinctly).
The Client is configured as a company, entity or sports club dedicated to the activity of basketball.
For the purposes of the provisions of these contracting conditions, Authorised User shall be considered to be the person authorised to access the Software by the Client, who must be, in any case, a member linked to the Client or authorised by the Client.
The BasketIQ Software is a computer application or software in the cloud that is accessed through the website https://basketiqapp.com/ (or the one that may be decided in the future) and whose main function is to provide the Client with a tool that allows the sports management of basketball teams with the following functionalities:
- Dashboard or control panel: access to Client information and the creation of Authorised User profiles, with the possibility of establishing filters by User.
- Calendar: for the planning of the team(s), availability of playing/training fields.
- Training planner: for the creation of training drills and exercises.
- Exercise and content database: exercises classified and organised with whiteboard, descriptions and videos (hereafter referred to as the Content).
- Basic player profile: allows you to register and manage players (individual profile, status, evolution).
- Advanced Player Profile: additional player information to the Basic Profile.
- Season planning: for annual, monthly, weekly or daily planning of training sessions and matches.
- Playbook: playbook.
- Attendance report: possibility to create a report with the attendance of players at matches and training sessions.
- Content report: possibility of creating a report with data on the contents worked on.
- Weekly report: possibility to create weekly reports on attendance, content and workload.
- Match management: possibility to enter match data and create reports.
The access to the BasketIQ Software takes place by means of cloud computing through the web browser of the Authorised User, without downloading to his/her systems or installation of any executable file.
The Software is accessible by any type of computer terminal (computer, smartphone, tablet) that allows the execution of at least one compatible standard browser in its latest version, namely: Google Chrome, Mozilla Firefox, Microsoft Edge, Microsoft Internet Explorer, Safari and Opera.
By accepting these terms and conditions, the Client declares that he/she is fully and completely familiar with the various functionalities of the Software.
3.1. Purpose of the procurement:
By means of the acceptance of the present conditions, BasketIQ grants to the Client, who accepts, a licence of use consisting of the authorised access, by means of access codes provided by BasketIQ, to the BasketIQ Software in accordance with the provisions of the same, depending on the contracted plan.
During the contracting process, the Client may select any of the following plans with the functionalities indicated below:
| Functionalities | Plans | |||
| Coach Lite | Coach Pro | Club Lite | Pro Club | |
| Up to 3 teams and 6 Authorised User licences | Up to 10 teams and 25 Authorised User licences | |||
| Dashboard | INCLUDING | INCLUDING | INCLUDING | INCLUDING |
| Calendar | ||||
| Training planner | ||||
| Exercise and content database | ||||
| Basic Player Profile | ||||
| Advanced Player Profile | NOT INCLUDED | NOT INCLUDED | ||
| Season planning | ||||
| Playbook | ||||
| Attendance report | ||||
| Content report | ||||
| Weekly report | ||||
| Game management | ||||
For the contracting of plans that exceed the number of equipment and/or Authorised User licences, the Client must contact BasketIQ, as the contracting of such plans cannot be carried out electronically.
4.1. BasketIQ declares to be the legitimate owner of all the intellectual property exploitation rights that may apply to the Software; by way of example, but not limited to, the rights of reproduction, distribution, public communication and transformation.
4.2. In accordance with the regulations in force, the rights to the Software also apply to its preparatory documentation, technical documentation and user manuals, if any. The Customer declares that he/she is aware of this fact.
4.3. Each use licence granted by BasketIQ will consist of the Client's faculty to access in an authorised manner through a web browser to the Software, by means of the access keys provided by BasketIQ, in such a way as to allow the loading and execution of its functionalities in accordance with the plan contracted by the Client.
4.4. Each licence of use granted by the Supplier is non-exclusive and non-transferable and authorises access to the Software to the Authorised User(s) authorised by the Customer. The licence of use granted by the Supplier to each Customer is therefore non-transferable. The access keys are personal, so that they may not be used by more than one Authorised User at the same time, nor may they be shared for access by third parties.
4.5. The licence of use does not entitle either the Client or the Authorised User(s) to make translations, adaptations, arrangements or any other type of transformation of the Software or the Content, including the correction of errors. Neither the Client nor the Authorised User(s) are authorised to make subsequent versions of the Software or other computer programs derived therefrom, or of the Content.
This licence does not entitle either the Customer or the Authorised User to obtain copies of the Software.
This licence of use does not entitle either the Customer or the Authorised User to make any form of public distribution of the Software, including, but not limited to, rental, loan, sale or donation of the original, copies thereof, or any means of access to the Software.
This licence of use does not entitle either the Client or the Authorised User to make reproductions, distributions and/or communications to the public of the Content, beyond those strictly necessary for the correct use of the Software (for example, public exhibition of the Content to the players of the team(s) or distribution of printed material to them).
This licence of use does not contemplate any use of the Software or the Content contrary to its nature and purpose.
4.6. With the acceptance of the present conditions, the Client authorises BasketIQ to advertise the name, commercial brand or logo of the Client in the web site and other advertising media of BasketIQ, as a mention that he/she has authorised access to the Software.
Likewise, BasketIQ authorises the Client to advertise the name, commercial brand or logo of the Supplier in the web site and other advertising media of the Client, as a mention that the Software used belongs to the Supplier.
It is expressly forbidden for the Client to communicate and advertise the Software linked to trademarks or distinctive signs, registered or not, different from BasketIQ, unless expressly authorised in writing by BasketIQ; as well as by means of expressions that may reasonably give the public to understand that the Client has his/her own computer application with the same functionalities as the Software, or that such application belongs to a company different from BasketIQ.
5.1. The duration of the engagement is one (1) year from the date of confirmation that the engagement process has been successfully completed and payment has been verified, unless the Parties expressly agree on a different duration or early termination of the engagement.
Without prejudice to the above, BasketIQ reserves the right to carry out promotions by which it grants free use licences of any of the BasketIQ Software plans and whose duration will be the one indicated on the occasion of the contracting of the free licence. In such case, all the provisions of the present contracting conditions will be applicable, except for the obligation of payment during the free trial period. Once the free trial period has ended, if the Client wishes to continue using the BasketIQ Software, he/she must proceed to contract the licence and must pay the price of the corresponding plan.
5.2. The renewal of the right of use or licence for the Software shall be automatically renewed for successive periods of ONE YEAR, under the same conditions as the previous period and provided that neither of the Parties has notified the other at least 10 working days prior to the date of termination of the initial agreed period or any of its extensions, in a reliable manner and in writing, of its desire not to renew the contracting of the Software.
5.3. In the event of non-payment of any amount due under these terms and conditions, the Customer shall forfeit his/her right to use or license the Software.
5.4. Either Party may give notice to the other Party of early termination of the contract in the event of a breach of any of its obligations under the contract. Such termination shall entitle the Party that did not breach or cause the breach to indemnification by the other Party for any damages resulting from the termination.
5.5. The non-complying Party shall, prior to termination, give the non-complying Party a satisfactory notice of non-compliance to enable the non-complying Party to remedy the non-compliance as soon as possible.
6.1. The price of the licence for use of the Software is the price publicly displayed in Euros at https://basketiqapp.com/es/ for each of the available plans, for a 1-year contract cycle:
| Coach Lite 39,00.-€/year + VAT | Coach Pro 99,00.-€/year + VAT | Club Lite 349,00.-€/year + VAT | Pro Club 499,00.-€/year
|
VAT and any legally applicable indirect taxes shall be applied to the prices indicated.
The price of the user licence shall be paid by the Client at the time of contracting the service and in the first five days of the following year, in the event of extension, using the same means of payment as for the initial contract.
The service will not be activated until payment has been verified by the Client.
6.2. In the event that the Client wishes to change to a higher plan than the one he/she has contracted, he/she shall communicate it to BasketIQ, having to pay at the moment of contracting the higher plan, the amount of the corresponding contracting cycle, less the proportional part of the time not enjoyed of the lower plan.
6.3. If the Client wishes to change from a higher plan to a lower plan, he/she may do so through his/her client account and will continue to enjoy the higher plan until the end of the contracted 1-year contract cycle, with payment of the price of the lower plan corresponding to the start of the next contract cycle.
6.4. No refunds shall be made for ongoing annual billing cycles.
6.5. Payment may be made by credit or debit card. This means of payment shall be subject to checks and authorisations by the card issuer, but if the card issuer does not authorise the payment, the service subscription shall not be completed. The Customer guarantees that he/she has full authorisation for the use of this means of payment in question during the process of contracting the payment subscription.
6.6. BasketIQ will issue the corresponding invoice to the Client.
6.7. The price of the annual fee may be updated annually by BasketIQ in accordance with the CPI. After the first year of contracting, the prices indicated in the Particular Conditions shall be updated upwards, according to the percentage variation of the Consumer Price Index (CPI) published by the National Institute of Statistics (INE), considering the period between the month of the previous year and the month immediately following the indicated update date.
Until the indices to be applied to determine the amount of the revision are published, the Client will continue to pay the amount he/she was paying before the date of revision, but it will be understood that its delivery will be a payment on account of the increase or decrease that he/she will have to pay in accordance with this clause, whose application will have retroactive effects from the date agreed for the revision.
7.1. The Customer shall be entitled to 2 hours of free support and maintenance per month.
7.2. BasketIQ, by itself or through third parties, will provide the Client with the technical support and maintenance service via e-mail at the address contact@basketiqapp.com, at a price of 25 EUR/h, allowing the Client to communicate with BasketIQ's technicians to solve any incidence in the use of the Software.
Consultations due to technical incidents attributable to BasketIQ will be free of charge for the Client.
7.3. The support service will be available from Monday to Friday from 09:00 to 15:00 (Spanish peninsular time), except holidays.
7.4. BasketIQ may carry out updates of the Software for technical reasons, for aesthetic reasons of the interface, or derived from regulatory changes. The update service is included in the licence of use contracted by the Client.
8.1. The Supplier warrants to the Client that access to the Software is secure and free of any computer viruses or harmful components that could damage the Client's and Users' computer systems.
8.2. The Software and the data stored therein are hosted on the Provider's own servers and/or on servers subcontracted from third party hosting service providers in European territory.
8.3. The Supplier shall use commercially reasonable efforts to provide a service available 24 hours a day, 7 days a week, except in the event of:
(i) scheduled Software upgrades or maintenance operations;
(ii) any unavailability caused by force majeure or acts of God, including but not limited to, for example, acts of government, fire, flood, earthquake, civil disturbance, terrorism, strike, failure or delay of the internet service provider;
(iii) incidents with respect to third party services on which the Software works, over which the Supplier has no control.
8.3.1. For these purposes, and without prejudice to the foregoing, the Parties agree to accept the following service level agreement (SLA) in relation to liability for failures in the provision of the service that are not due to the causes set out in the preceding paragraph.
8.3.2. A Critical Failure (CF) shall be the inability to use the Software. A Major Failure (FI) shall be considered to be a reduction in the functionality or capacity of the service, following the operational service. A Minor Fault (FM) shall be any minor incident affecting individual functions that does not affect the quality of the service in a notable way.
8.3.3. The Supplier undertakes to rectify any incidents that arise within the following repair times from the date of communication of the incident by the Client:
- Critical Failure (CF): 8 working hours.
- Major Failure (FI): 12 working hours.
- Minor Failure (FM): 5 working days.
8.3.4. Working hours will be considered to be those between 09:00 and 15:00 hours from Monday to Friday (Spanish peninsular time) with the exception of public holidays at BasketIQ's registered office.
8.3.5. In the event of non-compliance with the aforementioned remedy times, and/or if the failures occur with the periodicity indicated below, the penalties detailed in the following table will be applied and deducted from the monthly licence fee for the use of the Software to be paid by the Client to the Supplier; being:
- t" means the time in hours in each month after the expiry of the repair time described in paragraph 4.3. of this clause;
- FI"/"FM"/"FC" the number of monthly faults.
| 30 min < t ≤ 1 hour / 2 FI or 5 FM | 5% |
| 1 hour < t ≤ 3 hours / >2 FI or >5 FM | 12% |
| 3 hours < t ≤ 8 hours / > 5 FI or >10 FM or 1 FC | 30% |
| 8 hours < t ≤ 24 hours / > 7 FI or > 14 FM or 2 FC | 50% |
8.3.6. For unavailabilities of longer duration than those contemplated in the table, the penalty for this concept will be proportional according to that indicated in the table indicated, which in any case will not exceed 100% of the monthly fee to be paid by the Client for the licence to use the Software.
8.4. The Supplier shall make the Software available to the Customer "as is" without any implied or implied warranties other than those expressly stated in these terms and conditions. The Customer relies on the Software and the results solely at his/her own risk, and the Supplier shall not be liable for any consequential damages and/or loss of profit resulting from the Customer's use of the Software, except for wilful misconduct or breach of contract on the part of the Supplier.
8.5. The Supplier shall not be liable for the configuration of the Software by the Customer, nor for any false, erroneous or inaccurate information provided in connection with the provision of the service.
8.6. The Supplier shall be excluded from any liability for damages of any kind that may arise from access to and/or use of the Software by the Customer contrary to the provisions of these terms and conditions.
8.7. The Client guarantees to the Supplier that he/she has computer systems with sufficient performance for access to the Software and for the execution of its functionalities.
8.8. The Parties, in the exercise of their respective activities, shall be directly responsible for the fulfilment of all obligations incumbent upon them by law.
8.9. The Customer shall be liable to the Supplier for the use of the Software and Content by Authorised Users.
9.1. In order to guarantee private and confidential access, the Supplier shall provide the Customer and/or each Authorised User with access keys to the Software (username and password). It is essential that the access keys are changed by each User to completely confidential ones after the first access. From the moment the Supplier provides the access codes, each User is responsible for keeping them with the utmost diligence and for keeping them secret for as long as the contract remains in force.
9.2. The Client shall be liable for all damages that may occur to him/herself, to third parties or to the Provider as a result of his/her lack of diligence in the custody of the access codes.
9.3. The Client expressly undertakes a duty of secrecy with regard to confidential information obtained from the Supplier or its employees for the purpose of the service (hereinafter referred to as "Confidential Information").
9.4. For the purposes of this clause, Confidential Information shall be considered to be any information or knowledge, including technological, scientific, industrial, commercial, organisational or financial, which may be disclosed orally, in writing or by any other means or support, tangible or intangible, currently known or which may be made possible by the state of the art in the future, which is provided by the Supplier to the Client as a consequence of the contracting of the service, provided that it meets the following conditions:
- being secret information, in the sense that, as a whole or in the precise configuration and assembly of its components, it is not generally known to, or readily accessible by, persons within the circles in which the type of information or knowledge in question is normally used.
- Have business value, either actual or potential, precisely because it is secret information.
- Have been subject to reasonable measures by the Supplier to keep it secret.
9.5. By way of example, but not limitation, shall be considered as Confidential Information in relation to the Software:
- Trade secrets, know-how, technical and other information relating to the Software and of natural and/or legal persons connected with the Software.
- Business methods.
- Information on customers or potential customers.
- The terms of contracts and budgets.
- Technology and product and service development strategies.
- Pricing policies.
- Methods of product and service delivery.
- Marketing and sales methods and strategies.
- The identity of the Supplier's employees, payroll, agents and representatives.
- Non-public financial information.
- Information on the internal organisation and business structure and work assignments of the Supplier's employees.
- Expansion plans, management policies and other business strategies and/or policies.
- Information on the configuration of the Software and on its computer code.
- The information obtained from the study or testing of the Software by the Client, expressly prohibiting the disassembly of the same and any type of reverse engineering, and the information obtained on the occasion of such unauthorised disassembly or reverse engineering shall be unlawful.
9.6. The Client expressly undertakes to adopt the appropriate measures to ensure the confidential and secret treatment of the Confidential Information, in order to avoid its publication, disclosure and/or access by unauthorised third parties. Such measures shall not be less than those applied by the Client to his/her own confidential information, and shall consist, at least, of:
- To use the Confidential Information solely for the purpose of enabling the performance of the contract, without allowing access, making public, disclosing or revealing such Confidential Information to persons other than the Parties, unless express written authorisation has been given by the Supplier in this respect. In the event of such express authorisation, the Client shall transfer to such natural or legal persons the obligations established in this agreement, obtaining their written commitment to comply with such obligations and adopting the necessary measures, both with regard to their employees and third parties, to ensure such compliance.
- To notify the Supplier of any leak, breach of security or incident of any nature that jeopardises or may have jeopardised the Confidential Information, caused by the breach of this agreement, by infidelity of the natural or legal persons who have accessed it within the framework of this agreement, or by any other cause. Such notice shall not relieve the Client from liability under this agreement, but the Client's failure to give such notice shall give rise to liability for that particular reason.
- The Client shall be liable for any use other than that set out in this agreement by him/her or by any natural or legal persons to whom he/she has granted access to the Confidential Information. In particular, the Client shall refrain from using the Confidential Information in any way for his/her own benefit or interest.
9.7. All obligations in this clause affect the Client and its employees, collaborators and third parties who have access to the Confidential Information through their relationship with any of the Parties.
9.8. Without prejudice to the obligations imposed by law and/or assumed by the Customer in these terms and conditions, the obligations contained in this agreement shall not apply to information in respect of which the Customer can demonstrate:
- Which was in the public domain at the time of disclosure.
- after disclosure to you, is published or otherwise enters the public domain, without breach of your obligation of confidentiality or any other obligation assumed by virtue of your acceptance of these terms and conditions.
- At the time of disclosure, the Client was already in possession of the information by lawful means or was legally entitled to access such information.
- It had the express, prior written consent of the Supplier to release or disclose the Confidential Information, or to give access to it to a specified third party.
- That it has been requested by the competent administrative or judicial authorities that must rule on total or partial aspects related to the Software, in which case the Customer must inform the Supplier prior to submitting any information to these authorities.
9.9. In the event that the Client fails to comply with his/her obligations described in this clause, the Supplier shall be entitled to exercise the actions listed in Law 1/2019, of 20 February, on Business Secrets and other concordant regulations, including the right of the Supplier to receive compensation for damages.
9.10. Compensation for damages shall be adequate in respect of the injury actually suffered by the Supplier as a result of the Client's breach, taking into account all relevant factors, such as economic damages, including the loss of profit suffered by the Supplier, the unjust enrichment obtained by the Client and, where appropriate, other elements that are not of an economic nature, such as the moral damage caused to the Supplier as a result of the Client's breach. Compensation shall include, where applicable, the investigation costs incurred by the Supplier in order to obtain reasonable evidence of the Client's non-fulfilment, as well as the costs derived from lawyers and legal assistance.
10.1. The Client expressly undertakes not to participate, directly or indirectly, by him/herself or through any third party linked in any way to him/her, in any other project that may involve direct or indirect competition with the Software during the term of the contract and for a period of 2 years from the termination thereof, regardless of the cause of termination.
10.2. For the purposes of the preceding paragraph, direct or indirect competition shall be understood to mean the offer, advertising, marketing, making available under licence or without licence, preparatory acts, acts of computer development, and any other form of exploitation, whether for payment or free of charge, of any computer application that offers the same, similar, related or complementary functionalities as those of the Software.
10.3. All the obligations of this clause affect the Client and his/her employees, collaborators, third parties and any other company or individual linked to the Client who may have had access to or knowledge of the functionalities of the Software through the will, fault or negligence of the Client; without prejudice, where applicable, to other possible breaches of the obligations set out in these conditions.
10.4. In the event that the Client fails to comply with his/her obligations described in this clause, the Supplier shall be entitled to exercise the corresponding legal actions, including the right of the Supplier to receive compensation for damages.
10.5. Compensation for damages in the event of non-fulfilment shall be adequate in respect of the injury actually suffered by the Supplier as a result of the Client's non-fulfilment, taking into account all relevant factors, such as the economic damage suffered, including the loss of profit suffered by the Supplier, the unjust enrichment obtained by the Client and, where appropriate, other elements that are not of an economic nature, such as the moral damage caused to the Supplier as a result of the Client's non-fulfilment. The indemnity shall include, where applicable, the investigation costs incurred by the Supplier in order to obtain reasonable evidence of the Client's non-fulfilment, as well as the costs arising from lawyers and legal assistance.
11.1. Responsible party, timeframe and purposes:
The Client is informed that the personal data, if any, provided will be processed by the Supplier, as the party responsible for the processing of such data, which will be kept for as long as the commercial relationship is maintained or their deletion is not requested by the interested party, for the purpose of:
11.2. Legitimation:
The processing of the data is carried out on the legal basis of the contracting of the services, as well as the legitimate interest of the data controller for direct marketing purposes.
11.3. Data retention:
The data will be kept for the life of the contractual relationship, and thereafter for the mandatory period established by commercial, accounting and tax regulations or other current legislation that establishes a mandatory retention period longer than the above, being processed only by the Parties and those third parties to whom they are legally or contractually obliged to communicate them (such as third party service providers to whom a service related to the management or execution of the contracted service has been entrusted).
11.4. Addressees:
The data shall not be communicated to third parties outside the Supplier or to companies subcontracted for the execution of the contracted services.
11.5. Rights:
The rights of access, rectification, erasure and objection, limitation of processing, data portability and the right not to be subject to automated individualised decisions (including profiling) may be exercised by sending a signed request by post with the subject "Data Protection" to the postal or e-mail addresses indicated in the Specific Conditions. Likewise, if either of the Parties considers that their data protection rights have been violated, they shall have the right to file a complaint with the Spanish Data Protection Agency (C/ Jorge Juan, 6. 28001 - Madrid www.aepd.es).
In the performance of the services covered by these terms and conditions of contract, the Supplier shall process personal data under the responsibility of the Client, in its capacity as Data Processor.
12.1. Object, nature and purpose of the assignment:
The processing of data shall consist of providing the service consisting of the licence to use the Software which is the subject of these conditions.
The authorised processing operations shall be those strictly necessary to achieve the purpose of the assignment, including, where necessary, the collection, recording, structuring, modification, storage, retrieval, retrieval, consultation, communication by transmission, dissemination, interlinking, alignment, restriction, erasure and destruction of data.
12.2. Obligations and rights of the Data Controller:
The Client, as Data Controller, guarantees that the data provided to the Supplier have been obtained in a lawful manner and that they are adequate, relevant and limited to the purposes of the processing.
The Client shall make available to the Supplier all information necessary for the execution of the contracted services.
The Client advises the Supplier that, if he/she determines the purposes and means of the processing on his/her own, he/she will be considered the data controller and will be subject to compliance with the provisions of the applicable regulations in force as such.
12.3. Obligations and rights of the person in charge:
The Supplier, in its capacity as Processor, undertakes to comply with all the obligations that may correspond to it as such in accordance with the provisions of current legislation and any other provision or regulation that may also be applicable to it.
The Data Processor shall not use, apply or make use of the data to which it has access for any purpose other than the purpose for which it was commissioned or in breach of these terms and conditions.
The Processor shall make available to the Controller the information necessary to demonstrate compliance with its obligations, allowing for inspections and audits necessary to assess the processing.
12.4. Personnel authorised to carry out the processing:
The Provider guarantees that the personnel authorised to carry out the processing have expressly undertaken in writing to respect the confidentiality of the data or that they are subject to a legal obligation of confidentiality of a statutory nature.
The Supplier shall take steps to ensure that any person acting under its authority who has access to personal data may only process such data on the instructions of the Customer or is required to do so under applicable law.
The Supplier guarantees that the personnel authorised to carry out the processing have received the necessary training to ensure that the protection of personal data will not be compromised.
12.5. Security measures:
The Supplier declares that it is up to date with its obligations under data protection regulations, in particular with regard to the implementation of the security measures for the different categories of data and processing set out in article 32 of the GDPR, where applicable.
The Supplier warrants that such security measures will be properly implemented and will co-operate with the Customer to ensure compliance.
The Client shall carry out an analysis of the possible risks arising from the processing in order to determine the appropriate security measures to guarantee the security of the processed information and the rights of the data subjects and, if it determines that risks exist, it shall send the Supplier a report with the impact assessment so that it can proceed with the implementation of appropriate measures to prevent or mitigate them.
The Supplier, for its part, shall analyse the possible risks and other circumstances that may have an impact on security that may be attributable to it, and shall inform the Client, if any, in order to assess their impact.
12.6. Security breach:
Security breaches of which the Supplier becomes aware shall, without undue delay and within a maximum of 24 hours, be notified to the Client for his/her knowledge and implementation of measures to remedy and mitigate the effects caused. Notification shall not be required where it is unlikely to pose a risk to the rights and freedoms of natural persons.
The notification of a security breach shall contain, as a minimum, the following information:
- Description of the nature of the security breach.
- Categories and the approximate number of stakeholders concerned.
- Categories and the approximate number of data records affected.
- Possible consequences.
- Measures taken or proposed to remedy or mitigate the effects.
- Contact details where further information can be obtained (Data Protection Officer, security officer, etc.).
Where the breach of security has occurred under the responsibility of the Supplier, the Client may oblige the Supplier to notify the Supervisory Authority and, if necessary, to communicate it to the parties concerned.
12.7. Disclosure of data to third parties:
The Supplier may not disclose the data to other recipients, unless it has obtained prior written permission or through the Software to share such data with other users of the Software with whom it cooperates.
The transmission of data to Public Authorities in the exercise of their public functions is not considered data communications, and therefore the Client's authorisation is not required if such transmissions are necessary to achieve the purpose of the assignment.
12.8. International data transfers:
The Client expressly authorises the Provider to transfer data to third countries or international organisations not established in the EU, but exclusively for the provision of the contracted services and only to territories that have an adequate level of data protection, by means of the corresponding Adequacy Decision issued by the European Commission.
12.9. Outsourcing of data processing:
The Client expressly and generally authorises the Supplier to subcontract to a third party (sub-processor) the performance of any data processing entrusted to it by reason of the services contracted. The Supplier, in the event of using a sub-processor to carry out certain processing activities on behalf of the Client, shall impose on the sub-processor, by signing the relevant processing contract, the same obligations as those stipulated herein, and in particular, the provision of sufficient guarantees of the implementation of appropriate technical and organisational measures so that the processing is in compliance with the provisions of the GDPR. Should the sub-processor fail to comply with its data protection obligations, the Supplier shall remain fully liable to the Customer for the processing in respect of the sub-processor's compliance with its obligations.
12.10. Rights of interested parties:
The Provider shall, where possible and taking into account the nature of the processing, create the necessary technical and organisational conditions to assist the Client in his/her obligation to respond to the data subject's rights requests.
In the event that the Supplier receives a request for the exercise of such rights, it shall notify the Client immediately and in no case later than the working day following receipt of the request, together with any other information that may be relevant to the resolution of the request.
When the data are processed exclusively with the Supplier's systems, it shall resolve, on behalf of the Client, and within the established period, the requests received for the exercise of the data subject's rights in relation to the data that are the object of the order, without prejudice to informing the Client in accordance with the provisions of the previous paragraph; namely, the rights of access, rectification, erasure and portability of data and those of limitation or opposition to the processing, and if applicable, not to be subject to automated individualised decisions.
12.11. Liability:
Pursuant to article 82 of the GDPR, the Supplier shall be liable to the Client for any damages caused to interested parties or third parties, including administrative sanctions, arising from judicial or extrajudicial claims or sanctioning procedures by the Supervisory Authority, which are a consequence of the non-observance of the instructions assumed in these terms and conditions.
12.12. End of service provision:
Upon termination of the contracted services, the Supplier shall certify the deletion of all personal data and existing copies.
The deletion of data shall not proceed when its conservation is required by a legal obligation, in which case the Supplier shall proceed to the custody of the same, blocking the data and limiting its processing insofar as liabilities may arise from its relationship with the Client.
The Supplier shall maintain the duty of secrecy and confidentiality of the data even after the end of the contractual relationship.
the Parties designate as e-mail addresses for the purposes of communications those specified by the User during the registration process and the e-mail address previously indicated by the Provider. Communications shall be understood to have been made in an irrefutable manner if the party receiving the e-mail acknowledges receipt of the same. Otherwise, all communications must be made by bureaufax, registered letter, or any other legally accepted means that provides proof of receipt by the addressee, at the addresses communicated by each Party.
14.1. In the event that any of the clauses of the present contracting conditions, or part of any of them, should be considered or declared null and void or invalid by judicial decision or by legal imperative, the Parties agree that the nullity or invalidity of this/these clause/s shall not affect the validity of the rest of the contracting conditions, insofar as their applicability may still be possible, and the clause/s declared null or invalid shall be replaced by the clause/s that are closest to the spirit of what has been agreed by the Parties.
14.2. In the event of any discrepancy in interpretation between the provisions of these terms and conditions and any specific agreements reached by the Parties, the provisions of these terms and conditions shall prevail.
15.1. Proper use of BasketIQ:
The Client undertakes at all times to make an adequate use of the resources that BasketIQ places at his/her disposal, in accordance with the provisions herein and respecting at all times the morality, public order, good customs and the law in force, without causing damage to the physical and logical systems of BasketIQ or of third parties.
The Client will use BasketIQ under his/her exclusive responsibility for the purposes foreseen by BasketIQ and through the functionalities made available by BasketIQ. Any other use of the BasketIQ Software will entitle BasketIQ to suspend the access and/or the use of the same.
The Customer shall also be responsible for the use of the Software by Authorised Users of the Software.
15.2. Express prohibition of screen scraping techniques:
It is expressly forbidden the use of screen scraping techniques, web scraping or any other programming technique (or of any other nature) that allows the extraction of information or data hosted, stored or accessible in the Web Site or Enel Software BasketIQ without BasketIQ's express and written authorisation.
15.3. Participation of the Client or the Authorised User(s):
In the event that through the Web Site or the BasketIQ Software the participation of the Client or the Authorised User/s is allowed by means of the publication of comments or the generation of contents, it is absolutely forbidden to spread contents or propaganda of an illicit nature, such as racist, xenophobic, terrorist apology content, content that violates human rights, or content that incites hatred, violates the dignity of the person, or content that is offensive, slanderous or against public order or security, or content that infringes intellectual or industrial property rights.
BasketIQ reserves the right to remove any comments and/or contents that do not comply with the above or that are not suitable for publication.
In any case, BasketIQ will not be responsible for the opinions expressed or for the contents published by the users through the forums, chats, blogs or other participation tools that, if applicable, may be created, except as expressly provided by the applicable regulations.
16.1. These terms and conditions are subject to Spanish substantive and procedural law.
16.2. The Parties, expressly waiving their own jurisdiction or any other that may correspond to them, submit to the jurisdiction and competence of the courts and tribunals of Alicante, Spain, in any questions or disputes that may arise in relation to the interpretation, application or fulfilment of these contracting conditions.
