CONDITIONS OF USE OF THE PLATFORM

GENERAL “BIOCRYPTOLOGY” TERMS FOR COMPANIES

 These General Terms (hereinafter, the “General Terms“) that regulate the use and contracting of the Software Services offered by HANSCAN SPAIN S.A. (hereinafter, “BIOCRYPTOLOGY“) through the integration of the different biometric personal identification solutions owned by BIOCRYPTOLOGY (hereinafter, the “Services“) that are acquired by third-party companies (hereinafter, the “Client“) through the BIOCRYPTOLOGY mobile application and/or the
website https://biocryptology.es/ (hereinafter, jointly referred to as the “Platform“).

  1. INFORMATION AND ACCESS

In compliance with the duty to inform stipulated in article 10 of Law 34/2002 dated 11 July on Information Society Services and E-Commerce, the following data on the Platform’s owner is presented:

  • Owner: HANSCAN SPAIN S.A.
  • TAX ID (NIF): A-84902436
  • Registered address: Calle Casas de Miravete 24 2º Planta – 28031, Madrid (Spain)

In these General Terms, any legal persons registered or using BIOCRYPTOLOGY Services for individual and non-commercial purposes through the Client’s Websites and platforms will be considered Platform “Users“.

The General Terms, as well as the Privacy Policy and/or information on the Platform apply to all Platform Users and Clients from the moment they first enter. These General Terms are mandatory, binding, and apply to all activities carried out on the Platform.

The purpose of these General Terms is to establish the framework for BIOCRYPTOLOGY‘s Provision of Software Services for integration into the Client’s Website or platform.

 

Both parties acknowledge that they have sufficient legal capacity to ensure compliance with that stipulated in these General Terms.

  1. PURPOSE AND OPERATION

 

BIOCRYPTOLOGY services consist of a personal identification solution that uses the biometric data stored on a User’s smartphone or any other device linked to the BIOCRYPTOLOGY system.

The Platform has been developed by BIOCRYPTOLOGY in order to provide Clients with integrated Personal Identification Services through biometrics on the Client’s proprietary Websites or Platforms.

By means of the BIOCRYPTOLOGY Platform, the Client can integrate different identification solutions onto its website or platform so that its users can register, identify themselves, access, and/or carry out transactions quickly, safely, and directly, without having to manually enter their data and passwords.

 

  1. ACCEPTANCE OF GENERAL TERMS

By using BIOCRYPTOLOGY Services, the Client accepts these General Terms, which define the rights and obligations between BIOCRYPTOLOGY and the Client within the scope of providing Software Services. The Client agrees to act in accordance with these General Terms and applicable regulations at all times.

The service provided on this Platform is governed by: (i) these General Terms; (ii) the Specific Conditions that may be agreed upon between BIOCRYPTOLOGY and the Client, (iii) the information contained on the BIOCRYPTOLOGY Website, and (iv) current and applicable laws, sector regulations, and general criteria and practices.

BIOCRYPTOLOGY reserves the right to modify the presentation, configuration, and content of the Platform and Services, as well as the conditions required for their access and/or use. Accessing and using the Platform and Services after any modifications or changes made to the terms take affect implies full acceptance thereof.

  1. ACCEPTANCE OF THE SPECIAL CONDITIONS

Accessing and using certain Services may be subject to certain specific conditions, which, depending on the case, will replace, complete, and/or modify these General Terms. In the event of contradiction, the terms of the specific conditions will prevail over the General Terms.

Before using and/or requesting such specific services offered by BIOCRYPTOLOGY, Clients should carefully read the applicable special conditions. Using, reserving, and/or requesting said specific services implies full acceptance of the specific conditions by which they are regulated according to the version published by BIOCRYPTOLOGY at the time of such use and/or contracting.

  1. SERVICES

BIOCRYPTOLOGY offers its Services to the Client as Software Services (“Software as a Service” or “SaaS“) to be integrated into the Client’s Website and/or Platform for online and offline modalities as applicable to the Product.

These Services are subject to, governed by, and composed of their own applicable Service Specifications as described below. These Service Specifications can define processes and management as they apply to the Services, as well as technical and functional aspects, and others. The Client acknowledges that integrating and using the Services in a manner contrary to the Service Specifications may affect the performance and operation of the Services.

BIOCRYPTOLOGY ‘s services include:

  • Integrated Identification

 

The Integrated Identification service consists of User verification:

  • Time and attendance control.
  • Digital signature.
  • Payment methods.

When these General Terms are in effect, BIOCRYPTOLOGY‘s Service Specifications are as follows:

  1. Integrated multi-channel identification.

BIOCRYPTOLOGY‘s Integrated Multi-Channel Identification Service provides simplified User registration and access processes in both online and offline environments.

Integrating this service allows Users to use their identification and/or access data linked to their BIOCRYPTOLOGY User Account through the biometric data verification system as stored on the User’s device.

  1. e-Learning services.

BIOCRYPTOLOGY‘s e-Learning service offers a unique, exclusive, and secure integrated identification solution for training and educational platforms when it comes to access, identification, and participation in training activities, classes, and evaluations, both online and in person.

The biometric data verification process lets Users register and identify themselves in a single step, blocking simultaneous access to third-party training platforms with the same account.

  1. Event services.

BIOCRYPTOLOGY‘s Event service provides a dual Secure Identification and Secure Payment solution for efficient event management and control.

By using the biometric verification system, Users will be able to identify themselves in order to acquire tickets and/or verify credentials, as well as purchase goods and services provided by the event promoter in a way that is safely integrated into BIOCRYPTOLOGY‘s Event services.

 

  1. Hospitality services.

 

BIOCRYPTOLOGY‘s Hospitality services offer Users BIOCRYPTOLOGY‘s secure identification and verification solution for access control to hotel establishments and tourist accommodations. This integrated solution allows everything from identity management, identification, and registration actions, to time control, payment for accommodations, and more.

  1. Secure Payment Services.

Biosecure Pay is a payment system that is integrated into the BIOCRYPTOLOGY Platform.

It offers Users the possibility of managing a digital portfolio where they can register third-party payment methods for use on systems that integrate Biosecure Pay services.

Biosecure Pay uses the same user verification system by checking the biometric data stored on the User’s device, allowing the payment process to be carried out quickly and securely in accordance with PSD2 and SCA standards.

The services included with Biosecure Pay are not subject to additional charges such as service access, operation, registration, maintenance, or management fees.

  1. Digital Signature Services.

BIOCRYPTOLOGY‘s Digital Signature offers users a digital signature solution for electronic documents using the biometric data verification system stored on the user’s device as a trustworthy method of signature authentication according to the eIDAS Regulation.

This integrated service requires that Users link their account to documentation proving the User’s identity so that it can be used as documental basis for Digital Signature authentication.

BIOCRYPTOLOGY may make modifications or updates to the Services, including those reflecting changes in technology, industry practices, system usage patterns, and availability of Third-Party technologies or content. The Specifications of the Services are subject to change at BIOCRYPTOLOGY‘s discretion; however, changes that BIOCRYPTOLOGY makes to the Services will not result in a significant reduction in the level of performance or availability of the Services provided.

  1. REGISTRATION REQUIREMENT

These General Terms must be accepted in order to use the Platform Services. The Client may use the Platform services by registering as a Company on the Platform.

Company Account registration can be completed through BIOCRYPTOLOGY‘s own App, as well as on the website, by entering the identification data and documentation required to verify its accuracy and veracity. Clients guarantee that the Company’s data will be accurate, current, and truthful. BIOCRYPTOLOGY cannot guarantee the identity of the registered Clients’ business data and is not responsible for any improper or unauthorised use of a third-party registered Company Account. Likewise, the Client guarantees that they are supported by the specific conditions and authorisations required by the laws in effect to exercise the Platform’s offered service. BIOCRYPTOLOGY will not be held responsible in any way for the specific requirements and authorisations required to exercise the profession provided through the Platform.

  • Custody of account access codes or passwords

The registered Client will be responsible for the custody of their User account access password at all times, consequently assuming any damages that may arise from the improper use, transfer, disclosure, or loss thereof. Registered Clients must immediately inform BIOCRYPTOLOGY if they have reason to believe that their access code or password has been used in an unauthorised manner, or unauthorised use is likely.

In any case, access and/or use of the Platform by means of the registered Client’s access code or password will be considered as carried out by said Client, who will be responsible for said access and use in all cases.

  • Company Client Profile

The Client will have access to their profile from day one, where they will be able to complete Company Account data in accordance with the Platform’s provisions. Once the Client has created an access account to the Platform, they can select the Services that they want to integrate into their Website or Platform.

BIOCRYPTOLOGY has the right to request proof and/or additional data in order to corroborate Personal Data, as well as temporarily or permanently suspend Clients whose Company Account data could not be confirmed. If disabled, they will be removed from the Platform, without this giving rise to any right to compensation.

 BIOCRYPTOLOGY has the right to reject any registration request or to cancel a previously accepted registration, without being required to communicate or explain the reasons for its decision, and without this giving rise to any right to compensation and/or indemnification.

  1. SUBSCRIPTION METHODS AND PRICING POLICIES

 BIOCRYPTOLOGY offers the integration of its Multi-Channel Integrated Identification SaaS. Subscription methods as well as pricing policies will be set in the Special Conditions.

  1. USE OF THE SERVICES AND LICENSE OF USE

The Client is also required to refrain from using the Services for purposes or effects that are illicit or contrary to the provisions of the General Terms.

BIOCRYPTOLOGY offers the SaaS to the Client under a limited, non-exclusive, non-sub licensable, non-transferable and revocable license. The use of BIOCRYPTOLOGY Services will be in accordance with these General Terms at all times.

It is expressly forbidden to use the SaaS for purposes other than those listed in the General Terms. Therefore, BIOCRYPTOLOGY is not responsible for the improper use or handling of the SaaS.

BIOCRYPTOLOGY‘s SaaS can provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions, and information belonging to BIOCRYPTOLOGY or to third parties to which the Client may have access. The Client assumes responsibility for the use of the SaaS and agrees to make lawful, diligent, honest, and correct use of any information or content that the Client and Users access through the Platform, all of which according to the principles of good faith, while respecting the laws in effect and these General Terms at all times.

Clients agree not to use or permit the use of BIOCRYPTOLOGY‘s Services for any purpose whatsoever that:

  • Involves threatening or harassing any person, causing damage or injury to persons or property;
  • Violates the data protection rights of third parties;
  • Constitutes unsolicited bulk email, junk mail, spam, or chain letters.
  • Constitutes a violation of Intellectual Property rights or other user proprietary rights;
  • Modifies, disarms, decompiles, reverse engineers, copies, reproduces, or creates derivative works from BIOCRYPTOLOGY Software Services;
  • Violates any applicable laws, ordinances or regulations in any way.

Under these General Terms, BIOCRYPTOLOGY reserves the right to take corrective action if the use of the Services violates the aforementioned restrictions, including the withdrawal or deactivation of access to BIOCRYPTOLOGY‘s Services.

The Client will have exclusive responsibility in terms of the purpose and use of the technological solutions that BIOCRYPTOLOGY offers through its SaaS.

The Client must accept all bug fixes, updates, service, and maintenance packages (collectively, the “Patches“) required for the proper operation and security of the Services. With the exception of maintenance, emergency, or security-related activities, BIOCRYPTOLOGY will coordinate with the Client to schedule Patch installations whenever possible based on BIOCRYPTOLOGY‘s available standard maintenance schedules.

 When using BIOCRYPTOLOGY‘s contracted Software Services, the Client agrees to comply with the corresponding, current regulations, especially in terms of the provision of Information Society Services and Personal Data Protection. 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Software (including source and object code), as well as the operating manuals, preparatory documentation, and technical documentation, are the exclusive property of BIOCRYPTOLOGY.

BIOCRYPTOLOGY maintains exclusive ownership of all Intellectual Property rights of the SaaS and, in particular, the right of total or partial reproduction, by any means and in any form; the translation, adaptation, arrangement, or any other transformation of the SaaS and the reproduction of the results of such acts; the distribution in any form of those admitted by Law; the right of public communication in all kinds of analogue and digital media, online, and offline; and the right of use of the SaaS.

The Client may not modify the source code of the SaaS or market it to third parties.

The Client acknowledges that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques, or any other means to obtain the source code, transformation or publication of any unauthorised reference test result of any of the elements and utilities integrated within the Software Services constitutes an infringement of BIOCRYPTOLOGY‘s Intellectual Property rights, and the Client therefore agrees not to take any of the aforementioned actions.

All of the Software’s contents are duly registered and protected by Intellectual and Industrial Property regulations, and have been duly registered in the corresponding public registries as required. All cases of total or partial reproduction, use, exploitation, distribution, and commercialisation, regardless of the intended purpose, require prior, express written authorisation from BIOCRYPTOLOGY.

  1. THIRD-PARTY APPLICATIONS

BIOCRYPTOLOGY Services are integrated with third-party applications, websites, and services (Third-Party Applications) to make their services and contents available to Clients and Users. These Third-Party Applications may have their own Terms and Conditions of Use and Privacy Policies, with Users being bound thereto. Clients understand and accept that BIOCRYPTOLOGY is not responsible for the behaviour, characteristics, or content of the Third-Party Applications used on the Platform, or any transactions that may be carried out with the provider of such Third-Party Applications that are outside BIOCRYPTOLOGY‘s scope of activity.

The Client acknowledges that (i) the nature, type, quality, and availability of Third-Party Applications may change at any time during the term of the Service Period, and (ii) the features of Services interoperating with third parties are dependent on the continued availability of the respective Third-Party Application Programming Interfaces (“APIs”) for use with the Services. BIOCRYPTOLOGY may update, change, or modify the Services in accordance with these General Terms as a result of a modification or unavailability of such Third-Party Applications.

  1. LIABILITY AND GUARANTEES

 BIOCRYPTOLOGY does not provide any guarantee, nor in any case is it responsible for damages of any nature that may arise from accessing or using the Services. Among others, BIOCRYPTOLOGY is not responsible for circumstances that include but are not limited to the following: 

  1. Satisfying the needs, demands, or business expectations of the Client in terms of the services and resources provided by the SaaS.
  2. A lack of availability, maintenance, and effective operation of the Services and/or their services or content, excluding any liability for damages of any kind that may be caused by the Platform’s lack of availability or continuity of operation, to the maximum extent permitted by current laws.
  • A lack of usefulness of the SaaS.
  1. Incidents caused by a lack of due diligence on the part of the User or by using the Platform improperly.
  2. Direct or indirect and/or intangible damage, including personal injury suffered as a result of misusing the services.
  3. Cases of force majeure, understood as the failure, suspension, or interruption of the Services as a result of energy restrictions, blockage of telecommunications or the Internet network, third-party actions or omissions, telecommunications operators or service, supply, or transport companies, or any other causes or circumstances that prevent the normal use of the SaaS and are beyond BIOCRYPTOLOGY‘s control.
  4. Any SaaS operational defect, error, or problem.

Consequently, BIOCRYPTOLOGY does not guarantee that Client use of the SaaS will be in accordance with these General Terms, nor that Clients will do so in a diligent manner.

BIOCRYPTOLOGY reserves the right of admission to and exclusion from its Platform at its own discretion. In particular, any Client that does not comply with the rules contained in these terms and conditions, or any Client that uses the Platform inappropriately, may be excluded from its use.

BIOCRYPTOLOGY declares that it has adopted all necessary measures within its possibilities and the state of technology to guarantee that the Services function, and to avoid the existence and transmission of viruses and other harmful components to Clients.

  • Client legal responsibilities to BIOCRYPTOLOGY.
  1. The Client agrees to comply with these General Terms and the regulations applicable to the provision of its services. Specifically, the Client will be fully responsible for the use of User personal data and compliance with regulations on Data Protection and Information Society Services.
  2. Under no circumstances will BIOCRYPTOLOGY be responsible for damages and/or losses of any kind that Clients may suffer as a result of using third-party Services, nor will it be responsible for contract terms set between the Client and third parties.
  3. BIOCRYPTOLOGY only offers Software Services to integrate its User Identification verification solutions on the Client’s Website and/or Platform in order to facilitate the provision of services between the Client and the User in order to streamline and integrate identification and registration processes on the Client’s website and/or platforms for later association between the Parties. Likewise, by accepting BIOCRYPTOLOGY‘s service, the Client accepts and acknowledges that BIOCRYPTOLOGY is not responsible for any act or use of the services committed by Users and/or third parties.
  • Service suspension and cancellation

 BIOCRYPTOLOGY may temporarily suspend SaaS accessibility without prior notice for maintenance, repair, upgrades, or improvement operations.

In particular, BIOCRYPTOLOGY reserves the right to eliminate, limit, or prevent access to the SaaS when technical difficulties arise due to events or circumstances beyond BIOCRYPTOLOGY‘s control that, at its discretion, diminish or eliminate the standard security levels adopted for proper SaaS operations.

BIOCRYPTOLOGY is not responsible for the lack of availability, maintenance, and effective operation of the SaaS, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the SaaS operations.

Likewise, BIOCRYPTOLOGY does not assume any responsibility for the cancellation or suspension of Services for reasons not attributable thereto. In any case, BIOCRYPTOLOGY is committed to solving problems that may arise, and offering all necessary support to the Client in order to reach a quick and satisfactory solution to the incident.

  • Force majeure

 BIOCRYPTOLOGY is not responsible for cases of force majeure, understood as the failure, suspension, or interruption of SaaS services or use as a result of a blocked internet network, actions or omissions of third parties, or any other causes or circumstances that prevent normal SaaS use, and are beyond BIOCRYPTOLOGY‘s control.

  1. INDEMNITY

Clients will not hold BIOCRYPTOLOGY responsible for any damage, liability, or expenses that may arise as a result of third-party claims lodged against BIOCRYPTOLOGY and/or its directors and/or representative and/or employee, exonerating them from any charge, out-of-court claim, or lawsuit, including but not limited to legal expenses incurred resulting from any improper use of the services provided by BIOCRYPTOLOGY or in violation of these General Terms.

BIOCRYPTOLOGY will provide timely notice of any demand, action, or process through the data that they themselves have provided at the time of registration for the services that the BIOCRYPTOLOGY Platform offers. By accepting these General Terms, Users acknowledge and accept that BIOCRYPTOLOGY has no direct or indirect responsibility in terms of the services contracted between the User and third parties.

  1. DURATION, SAFEGUARDING, MODIFICATIONS, AND WARRANTY

The conditions published at the time the Client accesses the BIOCRYPTOLOGY Platform are understood to be in effect.

If any provision of these General Terms is declared inapplicable or invalid, said provision will be limited or eliminated to the minimum extent necessary so that the remaining conditions and obligations remain enforceable and in full force and effect.

BIOCRYPTOLOGY may delete, modify, or replace the contents of this document at any time by publishing or sending a notice through the Platform or by e-mail, with the Client having no ability to demand compensation of any kind.

The BIOCRYPTOLOGY Service is provided “AS IS”, “ACCORDING TO AVAILABILITY”, and with all faults and defects, without warranty of any kind. BIOCRYPTOLOGY expressly disclaims all  express, implied, statutory, or other guarantees regarding the Service, including any implied warranties of merchantability, fitness for a particular purpose, ownership and non-infringement, or those arising from their execution, use, handling, or commercial practice to the fullest extent permitted by applicable law on behalf of itself and its affiliates, licensors, and service providers. Notwithstanding the foregoing, BIOCRYPTOLOGY makes no guarantee, commitment, or representation that the Service will meet Client requirements or needs, achieve their intended results, be compatible or interoperable with any other software, application, system, or service, operate continuously, meet performance or reliability standards, be error-free, and/or that errors and bugs will be corrected.

  1. RESOLUTION

Failure to comply with the obligations assumed by each of the Parties will be cause for early termination of these General Terms.

These General Terms may also be terminated following the occurrence of any of the events listed below:

  1. By mutual agreement between the Parties.
  2. For any other legally established reason.

If any Party fails to comply with a material condition of these  General Terms, and said non-compliance is not resolved within thirty (30) days following the written notice of non-compliance, said Party will be deemed to be non-compliant, and the party affected may terminate the General Terms  under which the non-compliance occurred. With the exception of a failure to pay fees, the party affected by the breach may extend the thirty (30) day resolution period at its sole discretion, provided that the party in breach continues to make reasonable efforts to resolve the non-compliance.

The Client accepts that, in the event of non-compliance with these General Terms, they will not be able to use the requested Services.

If the non-compliance with the General Terms continues or the corresponding allegations are not presented after this period of time, the affected party may terminate these General Terms by means of a formal written communication to the non-compliant party. Justified early termination will not entitle the non-compliant party to any compensation or financial gain, notwithstanding the obligation to compensate the non-compliant party for damages arising from the breach.

In the event that these General Terms are terminated, the Parties will continue to carry out actions pending  compliance in good faith until their proper conclusion. 

  1. CESSATION

 The Client may not assign these General Terms, grant or transfer the Services or any rights therein to another natural or legal person. If the Client issues a lien on any part of the Services, the holder of such lien will not be entitled to use or transfer the Services.

  1. DATA PROTECTION

The Parties declare that they are aware of, and comply with Spanish and European laws on Personal Data Protection. For the purposes of that stipulated in Regulation (EU) 2016/679 of the European Parliament and Council dated 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 dated 5 December on Personal Data Protection and guarantee of digital rights (LOPD-GDD), in terms of the Client’s personal data to which BIOCRYPTOLOGY may have access during the provision of Service, the Client will be considered as the Data Controller and BIOCRYPTOLOGY as the Data Processor.

 In accordance with the aforementioned, BIOCRYPTOLOGY is committed to:

  • Using the personal data to which it may have access as a result of providing Services solely and exclusively to comply with its contractual obligations.
  • Processing the data to which it may have access in accordance with the instructions received by the Client, and refraining from applying them for any purpose other than the purpose of providing the Services which are the subject of these General Terms.
  • Maintaining absolute confidentiality regarding the personal data to which it may have access. To this end, only employees who require said data in order to carry out their contracted tasks will be allowed access to data, as long as these employees are subject to the same personal data protection and confidentiality obligations as here established.
  • Adopting the necessary technical and organisational measures established by applicable regulations, as well as any other implementing regulations that prevent alteration, loss, processing, or unauthorised access, taking into account the state of technology, the nature of the data being processed, and the risks to which they are exposed.
  • Not communicating data to third parties, unless expressly authorised to do so by the Client.
  • Communicating data to other data processors, according to the Client’s instructions. In this case, the Client will identify the entity to which the data must be communicated, the data to be communicated, and the security measures to be applied in order to proceed with the communication, in advance and in writing.
  • Making all information necessary to demonstrate compliance with the obligations set out in these General Terms available to the Client, as well as enabling and assisting with audits, including inspections, by the User or by another auditor authorised by the User.
  • BIOCRYPTOLOGY will not allow any Sub-Data Processor to process the Client’s personal data, without:

– The written authorisation from the Client (authorisation that will not be denied, conditioned, or unreasonably delayed) or;

– Lacking a contract that binds the Sub-Data Processor to conditions substantially similar to those governing BIOCRYPTOLOGY‘s processing of the Client’s personal data.

If these companies (which act as the “sub-data processor”) do not comply with their obligations as per their signed contract, BIOCRYPTOLOGY will be liable to the User for the actions and management of the sub-data processor.

The Sub-Data Processor is also required to comply with the obligations set out in  these General Terms by BIOCRYPTOLOGY and the instructions provided by the Client.

  • BIOCRYPTOLOGY is committed to assisting the Client and cooperating with them in the following areas:
  • Enabling the Client to fulfil its obligation to respond to requests to exercise data subject rights (access, rectification, erasure, objection, limitation of processing, data portability, and not to be the subject of automated individualised decisions, including the creation of profiles).

In this sense, when the affected persons exercise their aforementioned rights before BIOCRYPTOLOGY, they must notify the User of the request’s receipt by e-mail immediately, and in no case later than the following business day. This communication will be accompanied by any other information that may be relevant to the request’s resolution.

  • In order for the Client to be able to fulfil their duties of applying relevant data processing security measures.
  • Carrying out impact assessments relating to data protection, when appropriate.
  • Carrying out prior consultations with the supervisory authority, where appropriate.
  • BIOCRYPTOLOGY will send an e-mail without undue delay, and in any case before the maximum period of forty-eight (48) hours, notifying the Client of personal data security violations discovered regarding the personal data for which it is responsible. The communication will be accompanied by all information relevant to the incident’s documentation and communication.

If available, the following minimum information will be provided: (I) a description of the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned; (II) the name and contact details of the Data Protection Officer or other point of contact where further information can be obtained; (III) a description of the breach’s possible consequences in terms of personal data security; (IV) a description of the measures taken or proposed to resolve the personal data security breach, including, where appropriate, measures taken to mitigate any negative effects.

If it is not possible to provide the information at the same time, the information may be provided in phases in so much as possible, without further undue delay.

  • At the end of the contractual relationship, BIOCRYPTOLOGY will ask the Client in writing for instructions regarding final actions to be taken for the personal data processed. The User will notify BIOCRYPTOLOGY as to which data action among the following must be completed:
  • Returning all data to the Client and, if applicable, the media where said data is held, following completion of the services. Said return must constitute the complete erasure of all data stored on the computer equipment used by BIOCRYPTOLOGY.
  • Handing over the data to the other individual designated in writing by the Client and, if appropriate, the media where said data is held. Said return must constitute the complete erasure of all data stored on the computer equipment used by BIOCRYPTOLOGY.
  • Destroying the data, once the service is complete. BIOCRYPTOLOGY must certify the destruction in writing, and deliver the certificate to the User.

In all cases, BIOCRYPTOLOGY may keep a duly locked copy of the data when responsibilities may arise from executing the services provided.

If BIOCRYPTOLOGY becomes involved in any investigation or administrative procedure initiated by a supervisory authority, or in a complaint lodged by a third party, it will immediately inform the User, describing the alleged facts with which it is charged and the actions taken. Once proceedings have finished, a copy of the resolution must be provided.

Notwithstanding the foregoing, both parties agree by mutual accord to be liable for all damages incurred by the other party in all cases of negligence or culpability when performing the contractual obligations and regulations to which they are bound in accordance with the provisions of these General Terms.

 The Client agrees to comply with current data protection laws, and exonerates BIOCRYPTOLOGY from any claim lodged by third parties or the Spanish Data Protection Agency.

For more information about BIOCRYPTOLOGY‘s Privacy Policy, please visit the following link.

  1. CONFIDENTIALITY

In accordance with these General Terms, BIOCRYPTOLOGY may have access to the Client’s confidential information and vice versa (hereinafter, “Confidential Information“). Each party agrees to disclose only the information that is necessary in order to meet the obligations set forth in these  General Terms. Confidential Information will be limited to the terms and prices in accordance with these General Terms, the Content and Applications residing in the Service Environment, and any information clearly identified as confidential at the time of disclosure.

A Party’s Confidential Information will not include information that: (a) is or becomes publicly known due to causes other than the actions or omissions of the other party; (b) was in the lawful possession of the other party prior to its disclosure and was not obtained directly or indirectly by the other party from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction regarding such a disclosure; or (d) is independently developed by the other party.

The Parties agree not to disclose each other’s Confidential Information to any third party other than those mentioned below. The Parties may disclose Confidential Information only to those employees, representatives, or sub-contractors who are required to protect it against unauthorised disclosure in accordance with a level of protection no less than that established under these General Terms. BIOCRYPTOLOGY will protect the confidentiality of the Content or Applications residing in the Service Environment in accordance with BIOCRYPTOLOGY‘s security practices defined as part of the applicable Service Specifications under these General Terms. Personal data will also be processed in accordance with the terms of point 12 below. No provision will prevent the Parties from disclosing the terms or prices in accordance with these General Terms  in any legal action arising under or as a result of these General Terms or from disclosing Confidential Information to any government entity when required by law.

  1. SERVICE ANALYSIS

 BIOCRYPTOLOGY may (i) collect statistical and other information relating to the performance, operation, and use of the Services, and (ii) use the data from the Service Environment in aggregate form for operations and safety management, to create statistical analyses, and for research and development purposes (collectively, “Service Analysis“).

BIOCRYPTOLOGY may make Service Analyses public, however, Service Analyses will not include Confidential Information or Content in a way that could serve to identify the User or any individual. Likewise, Service Analyses do not constitute personal data. BIOCRYPTOLOGY retains all intellectual property rights to Service Analyses.

  1. LANGUAGE

BIOCRYPTOLOGY reserves the right to translate these General Terms or any other policy that may be published on the Platform into other languages. The Spanish version will prevail in case of conflict with other translations.

  1. INTERPRETATION OF THE GENERAL TERMS

All clauses or points of these General Terms must be interpreted independently and autonomously, with all other conditions not being affected if one of them is declared null and void by a firm Arbitral or Judicial Decision. In this case, the affected clause or clauses will be replaced by another or others that maintain the effects sought by the General Terms.

  1. LAW AND JURISDICTION

The parties agree to attempt to resolve any dispute regarding these General Terms in good faith.

BIOCRYPTOLOGY‘s General Terms will be governed by the substantive and procedural laws of Spain. The Client and BIOCRYPTOLOGY agree to subject themselves to the exclusive jurisdiction of the competent courts of the City of Madrid for any dispute related to these General Terms.

CONDITIONS OF USE OF THE PLATFORM

“BIOCRYPTOLOGY” TERMS AND CONDITIONS OF USE

 These Terms and Conditions regulate downloading, accessing, browsing, and using the BIOCRYPTOLOGY mobile application and website  https://biocryptology.es/ (hereinafter jointly referred to as the Platform).

These Terms and Conditions are intended exclusively for the Platform’s registered users.

  1. INFORMATION AND ACCESS

 In compliance with the duty to inform stipulated in article 10 of Law 34/2002 dated 11 July on Information Society Services and E-Commerce, the following data on the Platform’s owner is presented:

  • Owner: HANSCAN SPAIN S.A. (hereinafter, “BIOCRYPTOLOGY”).
  • TAX ID (NIF): A-84902436
  • Registered address: Calle Casas de Miravete 24 2º Planta – 28031, Madrid (Spain)

We consider Platform “Users” to be any person registered on or using the Platform. Anyone can register for or use the Platform provided that they accept the Terms and Conditions along with all other policies and principles governing the Platform as detailed below.

BIOCRYPTOLOGY only provides the Platform to offer Users a personal identification solution that uses the User’s biometric data stored in their smartphone or on any other device linked to the BIOCRYPTOLOGY system (hereinafter, the “Services“).

The User’s registration on the Platform is free of charge according to the conditions stipulated in the “Services” and “Use Policies” sections of these Terms and Conditions. Once registered on the Platform, they will be considered Users thereof.

Users recognise and accept that, when carrying out operations with third parties, they do so at their own risk, and that they will evaluate the risks they incur when contracting services offered by third parties, ensuring an appropriate risk ratio with the selected means.

Agreement and association between Users does not create any partnership, mandate, franchise, or employment relationship between BIOCRYPTOLOGY and the Users. Users acknowledge and accept that BIOCRYPTOLOGY is not a party to any transaction, nor does it have any control over the quality, safety, or legality of third-party services, the veracity or accuracy of third-party content, advertisements, and/or third-party ability to provide such services.

The Terms and Conditions, as well as the Privacy Policy and/or information on the Platform apply to all Platform Users from the moment they first enter. These Terms and Conditions are mandatory, binding, and apply to all activities carried out on the Platform. If Users do not fully accept these Terms and Conditions and the Privacy Policy, they should not use the Platform.

Users are responsible for ensuring that all persons accessing the Platform through their Internet connection are aware of and comply with the Terms and Conditions.

  1. PURPOSE AND OPERATION

 BIOCRYPTOLOGY services consist of a personal identification solution that uses the biometric data stored on a User’s smartphone or any other device linked to the BIOCRYPTOLOGY system.

The Platform has been developed by  BIOCRYPTOLOGY in order to provide Users with a technological solution that uses the user’s biometric data stored on their smartphone or other device as a method of verifying the user’s identification data that is linked to their BIOCRYPTOLOGY User Account.

By completing the registration process for BIOCRYPTOLOGY‘s Service, Users can link each of BIOCRYPTOLOGY‘s Services to their specific personal data for use with BIOCRYPTOLOGY‘s integrated business solutions.

The technological solution offered by the BIOCRYPTOLOGY Platform lets Users quickly and directly identify themselves on and interact with third-party websites and platforms that subscribe to BIOCRYPTOLOGY Business without having to manually enter their identification data or personal passwords.

It is expressly established that, through the Platform, BIOCRYPTOLOGY only makes a virtual User identification and authentication service available to all its Users on the platforms and websites of third-party affiliates that have integrated BIOCRYPTOLOGY‘s Business technology (hereinafter, the “Service“). In the event that one or more Users or any third party initiates any type of claim or legal action against any User, each and every one of those involved in said claims or actions exempt BIOCRYPTOLOGY and its directors, managers, employees, agents, operators, representatives, and attorneys-in-fact from all liability.

  1. ACCEPTANCE OF TERMS AND CONDITIONS

By accepting the Terms and Conditions, Users agree to act in accordance with the provisions stipulated in the clauses of this legal text at all times. If Users do not agree with all or part of these Terms and Conditions, they must refrain from installing and using the Platform and its Services.

The Service provided on this Platform is governed by: (i) these Terms and Conditions; (ii) Particular Conditions that may be published on the Platform; (iii) current and applicable laws, sectorial regulations, and general criteria and practices.

By accepting these Terms and Conditions, Users hereby declare that they are 18 years of age or older and have full capacity to understand and accept the contents of these Terms and Conditions.

  1. ACCEPTANCE OF THE SPECIAL CONDITIONS

Accessing and using certain contents and services may be subject to certain specific conditions, which, depending on the case, will replace, complete, and/or modify these Terms and Conditions. In the event of contradiction, the terms of the specific conditions will prevail over the General Terms.

Before using and/or requesting such specific services offered through BIOCRYPTOLOGY‘s Platform, Users must carefully read the particular conditions created by BIOCRYPTOLOGY for that purpose, if any. Using, reserving, and/or requesting said specific services implies full acceptance of the specific conditions by which they are regulated according to the version published by BIOCRYPTOLOGY at the time of such use, reservation, and/or contracting through the Platform.

  1. SERVICES

Users will be able to access all necessary information on the Platform. From there, Users will be able to browse and investigate further about how it works.

BIOCRYPTOLOGY provides Users with the following technological solutions by integrating its Services through the BIOCRYPTOLOGY Platform on websites and third-party platforms.

As of when these Terms and Conditions came into effect, the Services offered through BIOCRYPTOLOGY‘s technological solutions are the following:

  1. Integrated Multi-Channel Identification Service.

BIOCRYPTOLOGY‘s Multi-Channel solution offers a service to simplify the User registration and login processes.

This solution lets users employ their registration identification data linked to their User account through the use-verification system backed by the biometric data stored on the User’s device.

The Integrated Multi-Channel Identification service allows data to be registered on online and offline environments using a reinforced triple-verification system.

  1. e-Learning services.

BIOCRYPTOLOGY’s e-Learning service offers a unique, exclusive, and secure integrated identification solution for training and educational platforms when it comes to access, identification, and participation in training activities, classes, and evaluations, both online and in person.

The biometric data verification process lets Users register and identify themselves in a single step, blocking simultaneous access to third-party training platforms with the same account.

  1. Event Services.

BIOCRYPTOLOGY’s Event service provides a Secure Identification and Secure Payment solution for event management and control. By using the biometric verification system, Users will be able to identify themselves in order to acquire tickets and/or verify credentials, as well as purchase goods and services provided by the event promoter in a way that is safely integrated into BIOCRYPTOLOGY’s Event services.

  1. Hospitality Services.

BIOCRYPTOLOGY’s Hospitality services offer Users BIOCRYPTOLOGY’s secure identification and verification solution for access control to hotel establishments and tourist accommodations. This integrated solution allows everything from identity management, identification, and registration actions, to time control, payment for accommodations, and more.

  1. Secure Payment Services.

Biosecure Pay is a payment system that is integrated into the BIOCRYPTOLOGY Platform.  It offers Users the possibility of managing a digital portfolio where they can register third-party payment methods for use on systems that integrate Biosecure Pay services.

Biosecure Pay uses the same user verification system by checking the biometric data stored on the User’s device, allowing the payment process to be carried out quickly and securely in accordance with PSD2 and SCA standards.

The services included with Biosecure Pay are not subject to additional charges such as service access, operation, registration, maintenance, or management fees.

  1. Digital Signature Services.

BIOCRYPTOLOGY’s Digital Signature offers users a digital signature solution for electronic documents using the biometric data verification system stored on the user’s device as a trustworthy method of signature authentication according to the eIDAS Regulation.

This integrated service requires that Users link their account to documentation proving the User’s identity so that it can be used as documental basis for Digital Signature authentication.

BIOCRYPTOLOGY may make modifications or updates to the Services, including those reflecting changes in technology, industry practices, system usage patterns, and availability of Third-Party technologies or content. The Specifications of the Services are subject to change at BIOCRYPTOLOGY’s discretion; however, changes that BIOCRYPTOLOGY makes to the Services will not result in a significant reduction in the level of performance or availability of the Services provided.

  1. REGISTRATION REQUIREMENT

Users must create a personal account through an online form that must be filled in with the form’s required data. Through this account, Users will be able to start using BIOCRYPTOLOGY Services by linking their personal data and the biometric verification on their smartphone or device.

These Terms and Conditions must be accepted in order to use the Platform’s services.

Users will be entirely responsible for the use of their User account. Consequently, Users are responsible for the adequate custody and confidentiality of their User name and/or passwords that grant access to their account, and agree not to assign their use to third parties, either temporarily or permanently, nor to allow third-party access thereto.

Users can register using BIOCRYPTOLOGY‘s own App, as well as on the website, by entering their basic identification/alias data. Users guarantee that their data will be accurate, current, and truthful. BIOCRYPTOLOGY cannot guarantee the identity of the registered Users, and is not responsible for any improper or unauthorised third-party use of a registered User account. Likewise, the User guarantees that they are supported by the specific conditions and authorisations required by the laws in effect to exercise the Platform’s offered service. BIOCRYPTOLOGY will not be held responsible in any way for the specific requirements and authorisations required to exercise the profession provided through the Platform.

In accordance with the foregoing, Users must immediately notify BIOCRYPTOLOGYby writing to  [email protected] regarding any improper use of their User name and/or password as a result of circumstances such as theft, loss, or unauthorised access thereto so that BIOCRYPTOLOGY may proceed to the cancellation and blocking and/or disabling of the account as soon as improper use of a User Account is reported. If such events are not communicated, BIOCRYPTOLOGY will be exempted from any liability that may arise from the improper use of User names or passwords by unauthorised third parties.

  • Custody of account access codes or passwords

Registered Users will be responsible for the custody of their User account access password at all times, consequently assuming any damages that may arise from the improper use, as well as the transfer, disclosure, or loss thereof. Registered Users must immediately inform BIOCRYPTOLOGY if they have reason to believe that their access code or password has been used in an unauthorised manner, or unauthorised use is likely.

In any case, access and/or use of the Platform by means of the registered User’s access code or password will be considered as carried out by said User, who will be responsible for said access and use in all cases.

  • User profile

Once Users have created a Platform access account, they will have access to a profile where they can complete their personal data in accordance with the Platform’s provisions.

BIOCRYPTOLOGY has the right to request proof and/or additional data in order to corroborate Personal Data, as well as to temporarily or permanently suspend Users whose data could not be confirmed. If disabled, they will be removed from the Platform, without this giving rise to any right to compensation.

 BIOCRYPTOLOGY has the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision, and without this giving rise to any right to compensation and/or indemnification.

  1. USER BEHAVIOUR ON THE PLATFORM

 Users agree to make lawful, diligent, honest, and correct use of any information or content that they access through the Platform, all of which according to the principles of good faith while respecting the laws in effect and these Terms and Conditions at all times.

In particular, but without limitation, Users will not:

  1. Register or communicate data that is not true, accurate, complete, and/or updated, nor will they access the Platform using the name, identification data, or password of another User or impersonate any person or identity.
  2. Use the Platform for fraudulent purposes, or those associated with criminal offences or illegal activities of any kind.

BIOCRYPTOLOGY reserves the right to deny any attempt to access the Platform, cancel accounts, remove or modify contents, or cancel the provision of Services in cases where the Platform is used improperly. 

  1. COMPLETING PAYMENTS AND/OR TRANSACTIONS

 In order to complete payments and/or transactions for the acquisition of any product or service available through the Platform, Users may link or unlink a payment method such as a debit card, credit card, bank account, or other third-party payment methods that are accepted and integrated into the Service to their User account as a way of completing payments and/or transactions.

By linking any of these methods as a way of completing payments and/or transactions, Users grant BIOCRYPTOLOGY permanent authorisation to automatically charge said card for the amount necessary to acquire a sufficient e-money balance to cover a Payment Order when the card is the applicable source of funds for such Payment Order according to these Terms and Conditions. You may cancel this permanent authorisation for any card by removing the card as a source of funds from your Account profile.

Likewise, by providing this information, Users grant BIOCRYPTOLOGY the right to provide means of payment information to third parties in order to complete the acquisition and purchase process.

  1. PLATFORM USE AND LICENSE OF USE

Users also agree to refrain from using the Platform for purposes or effects that are illicit or contrary to the provisions of the Terms and Conditions.

BIOCRYPTOLOGY grants Users a limited, non-exclusive, non-sub licensable, non-transferable and revocable license to download, install, and use the Services solely for personal, non-commercial purposes. The use of BIOCRYPTOLOGY will be individual and in accordance with these Terms and Conditions at all times.

It is expressly forbidden to use the Platform for purposes other than those listed in these Terms and Conditions. Therefore, BIOCRYPTOLOGY is not responsible for the improper use or handling of the Platform.

The Platform can provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions, and information belonging to BIOCRYPTOLOGY or to third parties to which Users may have access. Users assume responsibility for the use of the Platform and agree to make lawful, diligent, honest, and correct use of any information or content that they can access through the Platform, all of which according to the principles of good faith while respecting the laws in effect and these Terms and Conditions at all times.

By way of illustration, but not limitation, Users will not:

  1. Register or communicate data that is not true, accurate, complete, and/or updated, nor will they access the Platform using the name, identification data, or access keys of another User or impersonate any person or identity. Likewise, Users are responsible for communicating to BIOCRYPTOLOGY regarding any modification and/or variation to any of the data provided to BIOCRYPTOLOGY.
  2. Maliciously or intentionally cause damage or harm that may undermine or alter the Platform, nor introduce or spread computer viruses that may cause unauthorised alterations to the contents or systems of which the Platform is comprised. Users will not scan or test the vulnerability of any BIOCRYPTOLOGY system or network, infringe on any security or authentication measure, or try to decrypt or disassemble the software used by BIOCRYPTOLOGY to offer services through the Platform.

iii.           Use the Platform for fraudulent purposes, or those associated with criminal offences or illegal activities of any kind.

  1. Reproduce, copy, distribute, transform or modify, make derivative works, dissect, decrypt, decompile, or reverse engineer any part of the BIOCRYPTOLOGY Services, Software, or technology supporting it, including the information and contents hosted on the Platform.
  2. License, sell, rent, assign, distribute, transmit, host, outsource, distribute, and commercially exploit BIOCRYPTOLOGY‘s Services or make them available to Third Parties.
  3. Copy or use BIOCRYPTOLOGY‘s Services for any purpose other than those set forth in this section.

Use the Platform to send, use, or reuse material that contains information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene, or threatening in any way; involving a violation of copyright, trademarks, or confidentiality, privacy, or any other right; is otherwise injurious or objectionable to third parties; materials whose content contains computer viruses, political propaganda, advertising content, and, in general, any type of unnecessary annoyance or inconvenience.

vii.         Download, send, or otherwise distribute content or applications that may violate any law in effect or infringe on any right of any party.

viii.        Remove, alter, or obscure any Legal Notice, Copyright Notice, or Trademark belonging to BIOCRYPTOLOGY or its affiliates, partners, suppliers, or licensors.

  1. Promote or encourage third parties to carry out any of the aforementioned practices or contribute thereto.
  2. Send and/or upload:
  • Any material that is defamatory to anyone.
  • Any obscene, offensive, or defamatory material
  • Any sexually explicit material.
  • Any material that promotes violence.
  • Any material that promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age.
  • Any copyright, database right, or trademark of any other person.
  • The privacy rights of any other person.
  • The personal data of another person, unless it is ensured that said person has consented to be bound by these Terms and Conditions.
  • Any material that promotes any illegal activity.
  • Threats, abuse, or invasion of another person’s privacy.
  • Content that causes annoyance, inconvenience, or unnecessary anxiety.
  • Harassment, annoyance, or content that embarrasses, alarms, or troubles any other person.
  • Content by which the identity of another person is impersonated.

Any content that the User uploads and/or sends through the Platform will be considered non-confidential, and BIOCRYPTOLOGY has the right to use, copy, and disclose such content to third parties for the purposes intended. BIOCRYPTOLOGY has the right to disclose the identity in question to any third party claiming that any content submitted constitutes a violation of their intellectual property rights, or their right to privacy.

BIOCRYPTOLOGY will not be liable to third parties for the content or accuracy of any content submitted. BIOCRYPTOLOGY has the right to remove any content or advertisement submitted through the Platform at its sole discretion.

BIOCRYPTOLOGY will have the right to investigate and denounce any of the mentioned conducts according to the Law, as well as collaborate with the authorities in the investigation of such actions. 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Platform (Website and App) including, but not limited to, its programming, editing, compilation, and other elements necessary for its operation, the designs, logos, text, and/or graphics are the property of BIOCRYPTOLOGY.

 Users acknowledge that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques, or any other means to obtain the source code, transformation or publication of any unauthorised reference test result of any of the elements and utilities integrated within the development constitutes an infringement of BIOCRYPTOLOGY’s intellectual property rights, and Users therefore agree not to take any of the aforementioned actions.

All of the Platform’s contents are duly registered and protected by Intellectual and Industrial Property regulations, and have been duly registered in the corresponding public registries as required. All cases of total or partial reproduction, use, exploitation, distribution, and commercialisation, regardless of the intended purpose, require prior, express written authorisation from BIOCRYPTOLOGY.

The designs, logos, texts, and/or graphics that do not belong to BIOCRYPTOLOGY and may appear on the website or in the application belong to their respective owners, being themselves responsible for any possible controversy that may arise with regards thereto.

Third-party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or content included on the Platform have granted the corresponding authorisations for their reproduction, distribution, and disclosure to the public.

Any suggestion, comment, idea, improvement, or evaluation (hereinafter, “Suggestions“) made to BIOCRYPTOLOGY on the Platform will be the sole and exclusive property of BIOCRYPTOLOGY, and may be used, copied, modified, published, or redistributed by BIOCRYPTOLOGY for any purpose and in any way without any compensation to Users.

  1. UPDATES

 BIOCRYPTOLOGY reserves the right to modify, suspend, and/or temporarily or permanently interrupt the Services offered through the Platform, or any integrated and/or connected Service, with or without prior notice and without any liability to Users.

BIOCRYPTOLOGY reserves the right to make updates and improvements to the functionalities or features of BIOCRYPTOLOGY Services and the Platform, including security patches, bug fixes, upgrades, and other modifications (“Updates“). Updates may modify, add, or remove features or functionalities of BIOCRYPTOLOGY Services.

By accepting these Terms and Conditions, Users agree that BIOCRYPTOLOGY has no obligation to (i) provide any Updates, (ii) continue to provide or enable specific Service features or functionalities. Furthermore, Users accept that all Updates (i) are deemed to be an integral part of the Services and the Platform and (ii) will be subject to these Terms and Conditions.

  1. THIRD-PARTY APPLICATIONS

BIOCRYPTOLOGY services are integrated with third-party applications, websites, and services (Third-Party Applications) to make their products, services, and contents available to Users. These Third-Party Applications may have their own Terms and Conditions of Use and Privacy Policies, with Users being bound thereto. Users understand and accept that BIOCRYPTOLOGY is not responsible for any third-party service, application, or content, including but not limited to the behaviour, integrity, characteristics, timeliness, validity, copyright compliance, legality, quality, or any other aspect contained on the Third-Party Applications used on the Platform, as well as any transaction outside BIOCRYPTOLOGY‘s scope of activity with the provider of such Third-Party Applications.

BIOCRYPTOLOGY makes Third-Party Applications available to Users for the sole purpose of the services’ convenience and integrity. Users will access and use these Third-Party Applications at their own risk, subject to the terms and conditions of said third parties.

  1. LIABILITY AND GUARANTEES

 BIOCRYPTOLOGY does not provide any guarantee, nor in any case is it responsible for damages of any nature that may arise from accessing or using the Platform’s contents. Among others, BIOCRYPTOLOGY is not responsible for circumstances that include but are not limited to the following: 

  1. Satisfying the needs or personal expectations of Users in terms of the services and resources provided by the Platform.
  2. A lack of availability, maintenance, and effective operation of the Platform, and/or their services or content, excluding any liability for damages of any kind that may be caused by the Platform’s lack of availability or continuity of operation, to the maximum extent permitted by current laws.
  • A lack of usefulness of the Platform or the contents for any service.
  1. The content of other Internet sites to which links placed on the Platform may be directed.
  2. The responsibility to Users or any other person due to a lack of availability, maintenance, satisfaction, or personal requirements of Users in terms of the services and resources provided by Third-Party Applications.
  3. Incidents caused by a lack of due diligence on the part of the User or by using the Platform improperly.
  4. Direct or indirect and/or intangible damage, including personal injury suffered as a result of misusing the Platform. In no event will BIOCRYPTOLOGY be liable for any special, direct, indirect, incidental, or consequential damages, or any damages whatsoever, whether due to contractual actions, negligence, or other malicious action arising from, or in connection with, the use of the Platform or the contents thereof.
  5. Cases of force majeure, understood as the failure, suspension, or interruption of the services or use of the Website as a result of energy restrictions, blockage of telecommunications or the Internet network, third-party actions or omissions, telecommunications operators or service, supply, or transport companies, or any other causes or circumstances that prevent the normal use of the SaaS and are beyond BIOCRYPTOLOGY’s control.
  6. The information provided on the Platform is presented for informational purposes only, and BIOCRYPTOLOGY assumes no liability for any errors or omissions in the Service’s contents. BIOCRYPTOLOGY reserves the right to update, delete, or modify the Service’s contents at any time without notice.
  7. Any Platform operational defect, error, or problem.

Consequently, BIOCRYPTOLOGY does not guarantee that Users’ interactions with the contents and services included in the Platform will comply with these Terms and Conditions, nor that they will do so in a diligent manner.

BIOCRYPTOLOGY reserves the right of admission to and exclusion from its Platform at its own discretion. In particular, any User that does not comply with the rules contained in these terms and conditions, or any Client that uses the Platform inappropriately, may be excluded from its use.

BIOCRYPTOLOGY reserves the right to remove, suspend, edit, or modify the Platform’s contents at its sole discretion, at any time, without notice, and for any reason.

BIOCRYPTOLOGY also reserves the right to read, preserve, disclose, and access any information that it reasonably considers necessary to (i) comply with applicable law or any judicial or governmental request or inquiry; (ii) enforce these Terms and Conditions, including the investigation of potential violations thereof; (iii) detect, prevent, or manage fraud, security, or technical problems; (iv) respond to requests for User assistance; or (v) protect the rights, property, or safety of BIOCRYPTOLOGY and its Users.

Nevertheless, BIOCRYPTOLOGY declares that it has adopted all necessary measures within its possibilities and the state of technology to guarantee that the Platform functions, and to avoid the existence and transmission of viruses and other harmful components to Users. BIOCRYPTOLOGY does not guarantee that the Service is free of viruses or other harmful components.

  • User legal responsibilities to BIOCRYPTOLOGY.
  1. Under no circumstances will BIOCRYPTOLOGY be responsible for damages and/or losses of any kind that Users may suffer as a result of contracting third parties, nor will it be responsible for service usage or contract terms set between Users and third parties.
  2. BIOCRYPTOLOGY consists solely of offering a Platform that facilitates the User identification and authentication process with third-party providers of goods and services that are unrelated to BIOCRYPTOLOGY.  Likewise, by accepting the service provided by BIOCRYPTOLOGY, Users accept and acknowledge that BIOCRYPTOLOGY is not responsible for any act committed by Users and/or third parties, including but not limited to withdrawals of contracts for the services provided by third parties, or the cancellation of such services, delays, losses, a lack of the corresponding authorisation to exercise a profession, and others. Users accept that they must be aware of and agree to assuming all responsibility for the risks involved when using the services offered by the Platform.
  • Service suspension and cancellation

 BIOCRYPTOLOGY may temporarily suspend Platform accessibility without prior notice for maintenance, repair, upgrades, or improvement operations.

In particular, BIOCRYPTOLOGY reserves the right to eliminate, limit, or prevent access to the Platform when technical difficulties arise due to events or circumstances beyond BIOCRYPTOLOGY’s control that, at its discretion, diminish or eliminate the standard security levels adopted for proper Platform operations.

BIOCRYPTOLOGY is not responsible for the lack of availability, maintenance, and effective operation of the Platform, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of Platform operations.

Likewise, BIOCRYPTOLOGY does not assume any responsibility for the cancellation or suspension of Platform services for reasons not attributable thereto. In any case, BIOCRYPTOLOGY is committed to solving problems that may arise, and to offer all necessary support to Users in order to reach a quick and satisfactory solution to the incident.

  • Force majeure

 BIOCRYPTOLOGY is not responsible for cases of force majeure, understood as the failure, suspension, or interruption of SaaS services or use as a result of a blocked internet network, actions or omissions of third parties, or any other causes or circumstances that prevent normal Platform use, and are beyond BIOCRYPTOLOGY’s control.

  • Hyperlinks

The Platform may contain hyperlinks that allow Users to access third-party platforms or websites. BIOCRYPTOLOGY does not assume any responsibility for the content, information, or services that may appear on those platforms, which will be understood as offered exclusively by BIOCRYPTOLOGY for information purposes, and which in no case imply any relationship, acceptance, or support between BIOCRYPTOLOGY and the persons or entities owning such contents, or owners of the sites where said contents are located.

In such cases, BIOCRYPTOLOGY will not be responsible for establishing the specific and General Terms to be taken into account when using, providing, or contracting these services from third parties and, therefore, it cannot be considered responsible for them.  Some of the links on the Platform may be “affiliate links”, i.e. links with a special tracking code. Therefore, if you click on such a link and purchase a product, BIOCRYPTOLOGY will receive a commission. The price of the product will always be the same regardless of whether or not an affiliate link is used. In any case, BIOCRYPTOLOGY only recommends products or services that it believes provide value to its users.

BIOCRYPTOLOGY has no power or human or technical means to understand, control, or approve all of the information, contents, products, or services provided by other websites to which links can be established from the Platform. Consequently, BIOCRYPTOLOGY cannot assume any kind of responsibility for any aspect related to the websites that may be linked to the Platform, specifically, but not limited to, their operation, access, data, information, files, quality and reliability of their products and services, their own links, and/or any of their contents in general.

However, if BIOCRYPTOLOGY becomes aware that the activity or information associated with such links is illegal, constitutes a crime, or may damage the property or rights of a third party, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.

  1. INDEMNITY

Users will not hold BIOCRYPTOLOGY responsible for any damage, liability, or expenses that may arise as a result of third-party claims lodged against BIOCRYPTOLOGY and/or its directors and/or representative and/or employee, exonerating them from any charge, out-of-court claim, or lawsuit, including but not limited to legal expenses incurred resulting from any improper use of the services provided by BIOCRYPTOLOGY or in violation of these Terms and Conditions.

BIOCRYPTOLOGY will provide timely notice of any demand, action, or process through the data that they themselves have provided at the time of registration for the services that the BIOCRYPTOLOGY Platform offers. By accepting these Terms and Conditions, Users acknowledge and accept that BIOCRYPTOLOGY has no direct or indirect responsibility in terms of the services contracted between the User and third parties.

  1. DURATION, TERMINATION, SAFEGUARDING, MODIFICATIONS, AND GUARANTEE

The Terms and Conditions published at the time Users access the BIOCRYPTOLOGY Platform are understood to be in effect. These Terms and Conditions will remain in effect, and will be binding for Users and BIOCRYPTOLOGY until terminated by the parties.

If any provision of these Terms and Conditions is declared inapplicable or invalid, said provision will be limited or eliminated to the minimum extent necessary so that the remaining conditions and obligations remain enforceable and in full force and effect.

BIOCRYPTOLOGY may delete, modify, or replace the contents of this document at any time by publishing or sending a notice through the Platform or by e-mail, with the User having no ability to demand compensation of any kind.

BIOCRYPTOLOGY may suspend or terminate these Terms and Conditions with the User at its sole discretion, at any time, and for any reason.  Similarly,

BIOCRYPTOLOGY will suspend access to, and use of the Services in the event that Users infringe on, violate, or fail to comply with these Terms and Conditions. In no way will the suspension and/or termination of BIOCRYPTOLOGY Services limit the legal obligations and rights to retain data or information if so required by the competent Authority.

If Users cease to use or subscribe to BIOCRYPTOLOGY Services, they agree to stop using the Platform and remove all copies of the Software from their mobile devices and/or computer.

The Platform is provided “AS IS”, “ACCORDING TO AVAILABILITY”, and with all faults and defects, without warranty of any kind. BIOCRYPTOLOGY expressly disclaims all express, implied, statutory, or other guarantees regarding the Platform, including any implied warranties of merchantability, fitness for a particular purpose, ownership and non-infringement, or those arising from their execution, use, handling, or commercial practice to the fullest extent permitted by applicable law on behalf of itself and its affiliates, licensors, and service providers. Notwithstanding the foregoing, BIOCRYPTOLOGY makes no guarantee, commitment, or representation that the Platform will meet Client requirements or needs, achieve their intended results, be compatible or interoperable with any other software, application, system, or service, operate continuously, meet performance or reliability standards, be error-free, and/or that errors and bugs will be corrected.

Furthermore, neither BIOCRYPTOLOGY nor its suppliers issue any express or implied representation or guarantee for: (i) the operation or availability of the Platform, its information, content, or materials and products included therein; (ii) that the Platform will operate uninterruptedly and be error-free; (iii) the accuracy, reliability, or validity of any information or content provided through the Platform; or (iv) that the Platform, its servers, content, or e-mails sent from or on behalf of BIOCRYPTOLOGY are free of viruses, scripts, Trojans, computer worms, malware, or malicious software, time bombs, and other harmful components.

Some jurisdictions do not allow the exclusion or limitation of implied guarantees or limitations for the consumer’s statutory rights, in which case some or all of the above exclusions and limitations may not apply to certain Users.

  1. DATA PROTECTION

BIOCRYPTOLOGY respects the privacy of its Users and will ensure that personal data is processed in accordance with current laws.

For more information about BIOCRYPTOLOGY‘s privacy policy, please visit the following  link: https://biocryptology.es/politica-de-privacidad/

  1. LANGUAGE

BIOCRYPTOLOGY may translate these Terms and Conditions or any other policy that may be published on the Platform. The Spanish version will prevail in case of conflict with other translations.

  1. OUT-OF-COURT SETTLEMENT OF DISPUTES

For the resolution of any discrepancy, question, or claim derived directly or indirectly from the interpretation or execution of these Terms and Conditions, the parties waive their own jurisdiction and subject themselves to the jurisdiction of the Courts and Tribunals of the User’s resident city.

In accordance with the provisions of Regulation (EU) No. 524/2013 from the European Parliament and Council dated 21 May 2013, on the resolution of online consumer disputes, BIOCRYPTOLOGY would like to inform Users that, in case of dispute, users residing in the European Union may use the “Online Dispute Resolution Platform” developed by the European Commission in order to attempt to resolve any dispute arising from BIOCRYPTOLOGY‘s provision of services out of court.

The User can access the “Online Conflict Resolution Platform” through the following link: http://ec.europa.eu/consumers/odr/