LEGAL NOTICE

Following article 10 of the Spanish Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (hereinafter LSSI), we hereby inform, with respect to the page www.bcnresol.com, www.b-resol.com and www.co-resol.com as well as apps "b-resol", "co-resol" and their back-ends (from now on, "b-resol tool", "co-resol tool" and, with the web, jointly called "the Platform "), the following data:

 

1. OWNER

Owner of the website: BCN RESOL ODR SOLUTIONS, S.L. (hereinafter, "BCN RESOL").

office: C / Casp 37, Principal 1ª, Barcelona (08010) SPAIN.

NIF: B-66682428.

Registered in the Mercantile Registry of Barcelona, Volume 45170, Folio 112, Page 479.092, 1st Inscription.

 

2. COMMUNICATIONS

All communication with BCN RESOL can be done through any of the following channels:

  • By telephone to the number: +34.935510688
  • By email to: info@bcnresol.com
  • By postal mail to: C / Casp, 37 Principal 1ª, Barcelona (08010) SPAIN.
  • Via web form.

 

3. DESCRIPTION OF THE PLATFORM AND OUR TOOLS B-RESOL AND CO-RESOL

Our website offers information about our products and services, news related to our activity and field of action, as well as online access to our b-resol and co-resol tools.

The b-resol and co-resol tools consist of a conflict notification management tool with two functionalities: (1) send conflict notification messages (called "clicks") and (2) manage these notifications ("clicks").

Our tools b-resol (designed for educational environments) and co-resol (designed for business environments) are contracted by our Affiliates, which are educational, sports, health, business or other organizations that acquire a license to use our tools to make available a tool for notification and conflict management to members of their communities (students, partners, athletes, coaches, workers, managers, suppliers and others). Our Affiliates manage this tool according to their own procedures and policies and they make the licensed tool available to their communities.

 

4. CONDITIONS OF USE

Access to the Platform makes you a User thereof and subjects you to the Terms of Use and the Privacy Policy that govern it and that are explained below.

BCN RESOL may modify, at any time, the presentation and configuration of the Platform and this Legal Notice together with its Conditions of Use and Privacy Policy, so we recommend you read them each time you access our Platform.

 

4.1 GENERAL CONDITIONS: CORRECT UTILIZATION OF THE PLATFORM

As a User you are obligated to make a correct, diligent and lawful use of the Platform, which means, among others:

  • That you will use the Platform for the purposes for which it is intended, that is, the previous information and the news consultation or access to the b-resol and co-resol tools offered by BCN RESOL, and you will refrain from any use of the Platform and / or its contents that is contrary to the law, the public order, the moral or generally accepted good practices, and to these Terms of Use.
  • That you will respect the intellectual and industrial property rights of the Platform and its contents.
  • That you will not reproduce, copy, transform, modify, distribute, communicate publicly or make available to the public the Platform or its contents by any means or mode of exploitation.

Therefore, as a User, you will be liable for any loss or damage of any nature that BCN RESOL may suffer, directly or indirectly, as a consequence of an incorrect use of the Platform, a breach of these Terms of Use or the law from your side.

 

4.2 ACCESS TO THE PLATFORM

4.2.1 As User who accesses the Platform to be informed of or use our services, you declare and guarantee:

  • That you are over 14 years old or, if not, you have the consent of your parents or legal guardians to access and / or use the Platform;
  • That you have read and understood these Terms of Use.
  • That all the personal information you provide us, if any, (personal data, contact information, etc.) is true, accurate, current and authentic, and that you will keep it duly updated and secret, if applicable.

4.2.2. As a User accessing the Platform to use the B-RESOL tool, you declare that:

  • You acknowledge that BCN RESOL is not responsible for the service offered by its Affiliates or for the management they make of the b-resol and co-resol tools. In this sense, the Affiliate is solely responsible for the management of the b-resol and co-resol tools and the establishment of the action protocols, service hours and response to the clicks received from each of our tools.
  • You confirm that you know that you use a tool that the Affiliate manages, a tool you access with the access codes provided by the Affiliate, and that you know that BCN RESOL does not have the ability to manage the tool in any case, given that it acts only as a provider of a communication system and as an intermediary.
  • You confirm that you know that the use you make of the tools and the data that you share are data that you are sharing with the Affiliate and never with BCN RESOL. Therefore, that it is the Affiliate’s Privacy Policy that rules such data and such communications and that you should always check that Privacy Policy on its website or directly contacting the Affiliate.

In the case of Affiliate staff: You are an Affiliate's staff if you are a member of an organization (educational, sports, health, company or other organization) that has licensed the b-resol and / or co-resol tool as its conflict notification channel within the framework of this organization and you have been designated to manage this tool on behalf of the Affiliate. When you access the space reserved for you, you declare:

  • That you have been informed and know the notification and / or conflict management procedures and policies that rule your organization and that these are the ones that you will use to manage clicks from the Platform.
  • That you will make a diligent management of the b-resol and / or co-resol tool, and of the clicks, in accordance with the procedures and policies of your organization.
  • That you will access the Platform with the user and password that your organization has provided you with and that you agree to keep such duly protected, without communicating them to any third party.

In the case of members of the Affiliate community: You are part of one of the centers that use the b-resol and / or co-resol tool, and you have downloaded the app to a mobile device with Android or IPhone system, or you access the Platform via web with the center’s or organization’s code as provided by the Affiliate. In this sense you declare:

  • That you know that with the tool you can notify the Affiliate of any conflict that you suffer or of which you are a witness, with a brief message.
  • That you know that you can do so anonymously (by default) or you can chose to identify yourself and that if you identify yourself you will always do it with real, true and current data.
  • That you know that it is the Affiliate who decides the identity of the people available to attend your clicks and who are normally members of the Affiliate or third parties hired by the latter for the specific purpose of managing clicks.
  • That you know that it is the Affiliate who determines the procedures and policies that apply to your click, that you know these procedures and policies and that you can contact the Affiliate in case of doubt.
  • That you know that the Affiliate is the one who decides if he activates a chat service to be able to communicate with you throughout the management of your click.
  • That you acquire the express commitment to use the tool b-resol and / or co-resol in a responsible manner and only for the purpose for which it is made available to you.
  • That you acquire the commitment to notify any misuse of the b-resol and / or co-resol tool that you may be aware of.
  • That you know that false allegations will be prosecuted.

 

4.3. RESPONSIBILITY OF BCN RESOL

In relation to the services offered through the Platform, the responsibility of BCN RESOL is limited to the one set forth in relevant applicable Spanish regulations as reflected in these Terms of Use. It has to be noted that BCN RESOL is a service supplier that acts as an intermediary, providing Affiliates with a communication and conflict management tool for their communities, but that it does not directly manage this tool.

BCN RESOL is not responsible for the contents published by individuals, companies or third parties, which may be accessed through links provided on the Platform. In cases where the Platform allows to share any of its content on social networks, these publications by Users are subject to the Terms of Use provided by the respective social networks.

As for the Platform, BCN RESOL reserves the right to temporarily interrupt access to it at any time and without prior notice, when necessary for technical, security, control or maintenance reasons.

BCN RESOL is not responsible for:

  • Interruptions, delays or malfunctions of the Platform, as well as any damage that may arise, due to causes beyond its control (including power failures, lack of access to communication networks, hacker attacks, viruses or other harmful elements), causes of force majeure, or culpable or malicious actions of the User.
  • Damages of any kind arising from the lack of veracity, accuracy, completeness and / or timeliness of the data provided by the User.
  • Errors or inaccuracies in the content of the services offered through the Platform.
  • Unauthorized access or use of our secure servers and / or any personal information and / or confidential information temporarily stored in them.
  • Errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the services. The limitation of liability shall be applied to the maximum extent permitted by law in the applicable jurisdiction

 

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All distinctive signs, logos and slogans published on the Platform are the creations of BCN RESOL, which exclusively holds all intellectual and / or industrial property rights granted by current legislation.

Likewise, the design of the entire Platform, all of its contents (text, graphics, logos, drawings, images, software, source code and others) as well as the Know-how that can be derived from these, are the exclusive property of BCN RESOL, to whom all intellectual and / or industrial property rights over these contents correspond, in all their extension (that is, for the entire legal duration of these rights, for a global territorial scope and for all and any exploitation modalities) or, alternatively, they have been licensed by their legitimate owners, authorizing their exploitation.

Therefore, any kind of exploitation (reproduction, distribution, public communication and / or transformation, including translation), by any means, of any and all of the Platform protected contents made without the prior written authorization of BCN RESOL, is strictly prohibited. In this sense, BCN RESOL does not allow the presentation of the contents of the Platform by third parties in a foreign window (framing or frame), except that it has expressly consented. All this, under the civil and penal sanctions provided by current legislation.

 

6. EUROPEAN ODR PLATFORM

According to the provisions of Regulation 524/2013 of the European Union BCN RESOL reports the existence of the online dispute resolution platform provided by the European Commission, accessible at the following link: http://ec.europa.eu/consumers/odr/

 

7. LEGISLATION AND JURISDICTION

The Platform and all its legal texts are subject to the Spanish relevant applicable legislation.

Except for those matters in which, by legal imperative, a specific jurisdiction is established for the resolution of conflicts (such as, for example, consumers and users issues Article 29 LSSI) for any other in which the selection of jurisdiction is allowed, the parties submit, with express resignation of any other that could correspond to them, to the Courts and Tribunals of the city of Barcelona, Spain.

 

8. PRIVACY POLICY

BCN RESOL respects and applies the current legislation on data protection: our tools have been designed to guarantee the confidentiality, secrecy and security of the data they treat. The information on data protection is as follows:

SOCIAL DENOMINATION:

  • Identity: BCN RESOL ODR SOLUTIONS, S.L.
  • Postal address: C / Casp 37, Principal 1ª, Barcelona (08010) SPAIN.
  • e-mail: info@bcnresol.com

PURPOSE:

  1. We use the data we collect through the website or in the course of the development of our business activities for the following purposes:
    1. To inform about the services we provide;
    2. In the case of hiring our services, managing our business relationship (customer registration, procedures, billing, etc.)
    3. Address the requests made to us.
  2. We do not manage any click: personal data related to the use of our tools are the sole responsibility of our Affiliates, with whom we sign the relevant data-processing contract for the sole purpose of providing the service and guaranteeing the operation of our tools. We can obtain anonymized and objective data on the use of our tools.
  3. We host our platform in third parties secure servers, located within the territory of the European Union, with the sole purpose of getting hosting services that fulfill all the appropriate security measures for all the data stored and / or managed through the tools b-resol, co-resol and our website. These platforms can be hosted in other jurisdictions, and by accepting this policy or downloading our app, you accept that we use them.
  4. We will only treat data for promotional purposes if the User has given us express consent to do so. If the User contracts our services, we understand that they authorize us to send commercial communications. Users can always revoke this consent.

LEGITIMATION:

  • User Consent.

DATA CONSERVATION:

  • The data is kept only for the time necessary for the management of our business relationship and, subsequently, for the time necessary to comply with the legally established obligations.
  • In the case of sending commercial communications, we will keep the data of the Users active until they revoke their consent.

DATA ASSIGNMENT:

  • We do not give personal data to third parties without the express consent of the Users, unless the law obliges us.

RIGHTS:

  • The User can always:
    • Access personal data.
    • Rectify personal data.
    • Delete personal data.
    • Submit complaints or rights protection writs before the Spanish Agency for Data Protection.
    • Be informed of any security incident that may affect its rights.

If you have any questions or comments about the way we treat your data, you can write to info@bcnresol.com.

Publication date: February 2019