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Privacy Policy

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY OF THE BIYIUD SYSTEM APP AND WEBSITE

Last update date: 01/06/2023

1. Information we collect

These Terms and Conditions of Use regulate the rules governing the use of the system from the BIYIUD APP (hereinafter, the APP) and from the website with domain www.biyiud.eco (hereinafter, the WEBSITE).

The use of the BIYIUD system, from downloading or using the APP and using the WEBSITE, attributes the condition of User (natural person and legal person) to whoever does so and implies acceptance of all conditions included in this document and in the Privacy Policy and Legal Notice of said APP and WEBSITE. The User should read these conditions each time they use the APP and WEBSITE, as they may be modified in the future.

2. Authorized users

Users may access the BIYIUD system by downloading the APP and using the WEBSITE. To access its contents, they must previously fill in the pre-registration and registration forms with the requested data, in order to create their profile.

3. Charges

As a User, you are responsible for payment of all costs or expenses incurred as a result of downloading and using the APP and using the WEBSITE, including any operator network or roaming charges. You should consult your service provider for details.

4. Anonymous statistics

BIYIUD, S.L. reserves the right to track your activity on the APP and WEBSITE and report this to our third-party statistical service providers. All anonymously.

5. Protection of your personal information

We want to help you take all necessary steps to protect your privacy and information. See BIYIUD's Privacy Policy at https://biyiud.eco/politica-de-privacidad to learn what type of information we collect and the measures we take to protect your personal information.

6. Content alterations

It is prohibited to alter or modify any part of the APP and WEBSITE, and their contents, circumvent, disable or otherwise manipulate (or attempt to circumvent, disable or manipulate) the security features or other program functions and use the APP and WEBSITE or its contents for commercial or advertising purposes. Use of the APP for the purpose of harming property, rights or interests of BIYIUD or third parties is prohibited. It is equally prohibited to make any other use that alters, damages or disables the networks, servers, equipment, products and software of BIYIUD or third parties.

7. Intellectual and industrial property

The APP and WEBSITE and their contents (texts, photographs, figures, graphics, images, technology, software, links, contents, graphic design, source code, etc.), as well as trademarks and other distinctive signs are property of BIYIUD, the User not acquiring any rights over them by mere use of the APP and WEBSITE. The User must refrain from:

  • a) Reproducing, copying, distributing, making available to third parties, publicly communicating, transforming or modifying the APP or WEBSITE or their contents, except in cases contemplated by law or expressly authorized by BIYIUD or by the holder of such rights.

  • b) Reproducing or copying for private use the APP or WEBSITE, or their contents, as well as publicly communicating them or making them available to third parties when this involves their reproduction.

  • c) Extracting or reusing all or a substantial part of the contents comprising the APP or WEBSITE.

    • 8. License of use

    Subject to the conditions established in the previous section, BIYIUD grants natural person Users a non-exclusive, free license to use the APP and WEBSITE, for personal use, limited to national territory and indefinitely. Said license is also granted on the same terms with respect to updates and improvements made to the APP and WEBSITE. Said use licenses may be revoked by BIYIUD unilaterally at any time, by mere notification to the natural person User.

    The provider is the sole owner of the software application (APP and WEBSITE). This license is only a non-exclusive transfer of use, which enables the use of the application without any territorial limitation, which has an indefinite duration, as long as neither party decides to revoke the rights and which only allows the use and execution of the application online and exclusively through the website (these conditions may vary depending on the specific characteristics of the online application).

    At no time does the provider grant ownership rights over the software, but rather assigns the right to use it under the conditions described in this license, not being understood in any case as enabling its reproduction and public dissemination, transfer, sale, rental or loan, committing not to transfer its partial or total use in any way, as well as not to disclose, publish, or otherwise make available to other parties.

    By way of example, but not limited to, all logos, trade names, audio, audiovisual content, signs and symbols included in the application are protected by the intellectual and industrial property rights of their respective owners, therefore it is strictly prohibited for the software user to decompile, reproduce, copy, modify or otherwise manipulate any of the application contents, in whole or in part, as well as modify it, whether in its external appearance or its operational functioning.

    9. Viruses and malware

    It is the User's responsibility, in any case, to have adequate tools for detecting and disinfecting malicious programs or any other harmful computer element. BIYIUD is not responsible for damage to computer equipment during use of the APP and WEBSITE. Likewise, BIYIUD will not be liable for damages caused to Users when such damages originate from failures or disconnections in telecommunications networks that interrupt the service.

    10. Modification of terms of use

    IMPORTANT: We may, without this implying any obligation to you, modify these Terms of Use without notice at any time. If you continue to use the application after any modification to these Terms of Use is made, that continued use will constitute your acceptance of such modifications. If you do not accept these Terms of Use or agree to be bound by them, you should not use the application or download or use any related software. Your use of the application is at your sole risk. We have no liability for the deletion or inability to store or transmit any content or other information maintained or transmitted by the application. We are not responsible for the accuracy or reliability of any information or advice transmitted through the application. We may, at any time, limit or interrupt your use at our sole discretion. To the maximum extent permitted by law, in no event shall we be liable for any related loss or damage.

    11. Commitment

    The User agrees to make correct use of the APP and WEBSITE, in accordance with the Law, with these Terms and Conditions of Use and with other regulations and instructions that, where applicable, may be applicable. The User will be liable to BIYIUD and to third parties for any

    12. Jurisdiction

    These Terms and Conditions of Use are governed entirely by Spanish law. For the resolution of any conflict relating to its interpretation or application, the User expressly submits to the jurisdiction of the courts of Barcelona (Spain).

    PRIVACY POLICY OF THE BIYIUD SYSTEM APP AND WEBSITE

    Last update date: 01/06/2023

    In accordance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation - GDPR), Biyiud, S.L. informs users, natural persons and legal entities, of the BIYIUD system in the APP and WEBSITE (hereinafter, the BIYIUD system), about the processing of personal data, which they have voluntarily provided during the pre-registration and registration process, access and use of the service.

    1. Identification of the data controller

    Biyiud, S.L., with Tax ID B06930994 and address for notifications at: Plaza Cardona 4, 2-2 08006 Barcelona and registered in the Commercial Registry of Barcelona Volume 47883, Folio 220, Section a, Sheet B-565313 (hereinafter, the Data Controller), is the entity responsible for processing the data provided by the User(s) of the Application. These Users may be natural persons who wish to register in the BIYIUD system and create their profile to obtain a sustainability indicator (hereinafter, Biyiud EcoRating) and with this obtain Biyiud points or advantages by purchasing from legal entities registered in the BIYIUD system. Legal entities are also Users and will have their profile and Biyiud EcoRating sustainability indicator, and may offer, if they wish, to other Users of the BIYIUD system, benefits or advantages by offering them Biyiud points if they buy their products or services to increase their result in the Biyiud EcoRating sustainability indicator.

    2. Method of obtaining data and purpose of data processing

    To proceed with pre-registration, registration, access and subsequent use of the BIYIUD system in the APP and WEBSITE:

  • Natural person Users must provide - voluntarily - personal data (essentially identification and contact: name and surname, age, email, phone, Tax ID and postal code, which will be incorporated into automated systems owned by Biyiud, S.L. The collection, storage, modification, structuring and, where applicable, deletion of the data provided by Users, will constitute processing operations carried out by the Controller, for the purpose of ensuring the correct functioning of the Application, maintaining the service provision and/or commercial relationship with the User consisting of the preparation of a profile with the data provided by the User, and for the management, administration, information, provision and improvement of the service. If the User has so requested, the personal data provided by the User - especially email - may also be used to send newsletters, as well as commercial communications of promotions and/or advertising of the Application, provided that the User has previously given their express consent to receive these communications electronically.

  • Legal person Users must provide - voluntarily - data relating to the company name, economic activity sector, Tax ID, address, identification data of the contact person, telephone and postal code of the Organization's main headquarters. These will be incorporated into automated systems owned by Biyiud, S.L. The collection, storage, modification, structuring and, where applicable, deletion of the data provided by Organizations, will constitute processing operations carried out by the Controller, for the purpose of ensuring the correct functioning of the Application, maintaining the service provision and/or commercial relationship with the Organization consisting of the preparation of a profile with its data so that other Users can access it and obtain the benefits that the Organization provides, or evaluate its Biyiud EcoRating sustainability indicator through the BIYIUD system, in addition to the management, administration, information, provision and improvement of the service. If the Organization has so requested, the personal data provided by it - especially email - may also be used to send newsletters, as well as commercial communications of promotions and/or advertising of the Application, provided that it has previously given its express consent to receive these communications electronically.

    • 3. Legitimacy

    The processing of Users' data is carried out based on the free, specific, informed and unequivocal consent of Users, made available through this privacy policy, which must be accepted through a clear affirmative action, by checking the corresponding box. In case Users provide Biyiud, S.L. their data erroneously or incompletely, it will not be possible to proceed with the use of the BIYIUD system in the APP and WEBSITE. This legal basis legitimizes data processing. Prior to requesting information and/or contracting the services of the BIYIUD system in the APP and WEBSITE, the terms and conditions governing the BIYIUD system will be made available to Users.

    4. Conservation of personal data

    The personal data provided by the User will be kept in the systems and databases of the Data Controller, while they continue to use the BIYIUD system in the APP and WEBSITE, and provided they do not request its deletion. In order to clarify possible liabilities derived from processing, the data will be kept for a minimum period of five years.

    5. Recipients

    The personal data of Users (natural persons) provided by them both in pre-registration and registration, as well as of organizations (legal entities) registered in the Biyiud system and therefore having a result in the "Biyiud EcoRating" sustainability indicator, will not be sent to third parties outside the European Union, nor stored on servers outside the European Union. For proper functioning of the BIYIUD system and service provision, the data, upon prior request for User consent, will be communicated:

  • To the bulk email service company MARKETING MANAGER SERVICIOS DE MARKETING, S.L.U., belonging to the ISPD Group, with Tax ID B-84459791, based in Madrid, Spain, only within the framework of using the bulk email service of the MDIRECTOR platform (https://www.mdirector.com/).

  • To the DATADIS C.B Platform, Tax ID E01668102, so that it gives Biyiud, S.L access to the User's electrical consumption data.

  • To law enforcement under court order or by obligation of a legal norm, without prejudice to being able to block or cancel your account if there may be indications of the commission of any crime by the User. The information provided will only be what Biyiud, S.L. has at that time.

  • To organizations registered in the Biyiud system characterized with the Biyiud EcoRating sustainability indicator, from which data will also be received, for updating the Biyiud EcoRating in users and other registered companies, only transferring in the case of natural persons the identification code in the BIYIUD system, Name, Surname, email, Tax ID, postal code and last result in the Biyiud EcoRating, and in the case of legal entities the indication code in the BIYIUD system, Brand, Tax ID and last result in the Biyiud EcoRating.

    • The information provided by natural and legal persons through the APP and WEBSITE will be hosted on servers contracted within the European Union by Biyiud, S.L., to:

  • GOOGLE CLOUD EMEA LIMITED (IE3668997OH) based at 70 Sir John Rogerson's Quay, Dublin 2, Ireland, Firebase and Google Cloud Platform services with database located in europe-west3 (Frankfurt, Germany).

  • NOMINALIA INTERNET S.L. (B61553327) based at C/ d'Ulldecona 21, 1º, 08038, Barcelona, which provides web hosting service. The entity's data processing is regulated by a data processing agreement between the provider and this company.

  • MARKETING MANAGER SERVICIOS DE MARKETING, S.L.U., belonging to the ISPD Group, with Tax ID B-84459791, based at Calle Apolonio Morales, 13 - C, 28036, Madrid, Spain, only within the framework of using the bulk email service of the MDIRECTOR platform (https://www.mdirector.com/).

  • BREVO (SENDINBLUE), FR80498019298, 7 Rue de Madrid, 75008 Paris, France, only within the framework of using the bulk email service (https://www.brevo.com/).

    • 6. Data retention

    BIYIUD, S.L. informs the User that, as a data hosting service provider and pursuant to Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI), it retains for a maximum period of 12 months the essential information to identify the origin of hosted data and the time when service provision began. The retention of this data does not affect communication secrecy and may only be used in the context of a criminal investigation or for safeguarding public security, being made available to judges and/or courts or the Ministry that so requires. Communication of data to State Security Forces and Bodies will be made pursuant to personal data protection regulations, and with maximum respect for them.

    7. Information protection

    The Data Controller adopts the necessary measures to guarantee the security, integrity and confidentiality of data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement thereof. Although the Controller makes backup copies of content hosted on its servers, it is not responsible for loss or accidental deletion of data by Users. Likewise, it does not guarantee full restoration of data deleted by Users/Organization, since said data could have been deleted and/or modified during the time elapsed since the last backup. Services provided through the BIYIUD APP and WEBSITE, except specific backup services, do not include restoration of content kept in backups made by the Data Controller, when this loss is attributable to the User; in this case, a fee will be determined according to the complexity and volume of recovery, always subject to User acceptance. Restoration of deleted data is only included in the service price when content loss is due to causes attributable to the Controller.

    8. User rights

    Biyiud, S.L. informs the User/Organization that they have available the rights of access, rectification, limitation, deletion, opposition and portability, which may be exercised by request sent to email: contact@biyiud.eco. Likewise, the User has the right to revoke the consent initially given, and to file rights claims with the Spanish Data Protection Agency (www.aepd.es).

    9. Commercial communications by electronic means

    In application of the LSSI (Information Society Services Law), Biyiud, S.L. will not send advertising or promotional communications by email or other equivalent electronic communication means that have not been previously requested or expressly authorized by their recipients. In the case of Users with whom there is a prior contractual, legal or service relationship, the Data Controller is authorized to send commercial communications regarding Controller services similar to those initially contracted with the customer. In case the User/Company wishes to unsubscribe from receiving said communications, they may do so by sending their request by email to: contact@biyiud.eco.