1. Ownership of the WWW.KIDSANDUS.ES domain and app
In compliance with Law 34/2002 of 11 July on Services of the Information Society and Electronic Commerce (LSSICE in its Spanish initials), Users are informed that the owner of the domain is as follows:
Owner: KIDS&US ENGLISH, S.L.
Av. Tudela, 12
08242, Manresa, Barcelona (Spain)
Tel: +34 93 875 33 45
REGISTERED in the Trade Register of Barcelona, Volume 39,900, Folio 16 and Sheet B-355982, with Tax ID number B-64622087.
Access to and use of the website and the app confer the status of user of the website and the app (hereinafter, “User”) and entails the acceptance of all the conditions included in this Legal Notice, as well as its modifications, given that KIDS&US ENGLISH, S.L. (hereinafter, KIDS&US) reserves the right to carry out, at any time and without the need for prior notice, modifications and updates to the information contained on the website and the app(s), the settings and presentation thereof and the access terms.
2. Intellectual and industrial property
All content on the website and app(s)—by way of example, but not limited to: texts, photographs, charts, videos, images, icons, technology, software, links and other audio-visual or sound contents, as well as their graphic design and source codes—is owned by KIDS&US, which, as applicable, has the right to use and exploit them; in this sense, they become works protected by the applicable legislation in force at any time on matters of national and international intellectual and industrial property, as a result of which none of the exploitation rights recognised by current intellectual property law concerning them may be regarded as have been assigned to the Users.
Therefore, upon the basis of intellectual property law and the provisions thereof in force at any time, the total or partial exploitation of any of the contents appearing on the website and the app(s) is strictly prohibited, as is the copying, reproduction, adaptation, modification or transformation of the contents of the website and app(s) and, when applicable, the distribution and public disclosure of the contents, including the modality of making all or part of them available for commercial purposes, in any format and by any technical means, without the express written authorization of KIDS&US.
The brands, commercial names and distinguishing signs are owned by KIDS&US, in the understanding that access to the website and the app(s) does not attribute any rights to said brands, commercial names and/or distinguishing signs.
Therefore, Users’ mere access to the website and app(s) implies their agreement to respect the intellectual and industrial property rights owned by KIDS&US.
3. Hyperlinks and/or links
The content existing on the website may include links to other websites managed by third parties, in order to facilitate Users’ access to information exchangeable on the Internet.
KIDS&US cannot be held liable for the existence of links between third parties and other websites unrelated to KIDS&US and links that may be provided via the website having informative purposes for the website Users, but on no account shall they place KIDS&US in the position of guarantor and/or the party offering services and/or information which may be provided to third parties via the links. Therefore, KIDS&US is not liable for any damages caused by the wrongfulness, quality, outdatedness, lack of availability, inaccuracy or uselessness of the contents and/or services of the linked sites, or for any other damages.
Consequently, KIDS&US disclaims any liability for the services and/or information provided on other web pages linked to this website. Users are informed that, in the event that they consider that there exists a linked website with unlawful or inappropriate contents, they may inform KIDS&US by email.
Finally, it is prohibited to introduce hyperlinks for advertising, commercial or associative purposes to websites unrelated to KIDS&US which grant access to the KIDS&US website without its express consent and/or authorization. In the event of their authorization by KIDS&US, the conditions to introduce links from pages to the KIDS&US website will be established.
Users acknowledge and accept that access to and use of the website and app(s) is free and voluntary and is performed under their sole liability.
Therefore, Users undertake to use the website and app(s) in a proper and lawful manner in accordance with the Law, this Legal Notice and good faith and public order, refraining from using the website and app(s) in any manner which may prevent, damage or impair their normal functioning or the assets, rights and interests of KIDS&US, its suppliers, other Users or, in general, any third party, or which, in any way, may overload, damage or disable the networks, servers and other hardware and software products and applications of KIDS&US or third parties, as a result of which the Users will be liable to KIDS&US or third parties for any damages which may be caused as a result of a breach of said obligations.
During the use of the website and the app(s) by the User, the following actions—by way of example but not limited to—will also be prohibited and may be modified:
- Using computer viruses or any file or program designed to interrupt, damage or limit the functioning of the website or the app(s), any of the services or networks of KIDS&US or any software, hardware or telecommunications equipment, or damaging or gaining unauthorized access to data or other information belonging to KIDS&US or any third party.
- Usurping identities, interfering with or interrupting the service, servers or networks connected to the services or breaching any of the requirements or regulations of the networks connected to the services.
- Using false identities and impersonating others in the use of the website or any of its services, as well as the use of passwords and access keys of third parties, or in any other manner.
- Falsifying or altering any KIDS&US information.
- Entering, storing or disclosing, on or via the website, any information contrary to the law, standards, customs and public order, as well as any material which may be defamatory, offensive, obscene, threatening, xenophobic, an incitement to violence, discriminatory on the basis of race, gender, ideology, religion or which, in any way, infringes upon morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties or, in general, the current legislation.
- Conducting advertising or commercial activities via the website or using the contents and information to forward advertising or send messages for any other commercial purpose or to collect or store personal third-party data.
- Collaborating with a third party to perform any of the conducts indicated above.
4.2 With regard to the contents and the intellectual and industrial property, in addition to those set out in the corresponding section, the following actions will be prohibited:
- Reproducing, in any way, even by means of a hyper-link, the website and app(s) of KIDS&US or any of their contents without the express written authorization of KIDS&US.
- Suppressing, evading or manipulating the copyright and other identifying data of the rights of its owners incorporated into the contents, nor the technical protective devices, nor any of the information mechanisms contained in the contents.
- Altering, reprogramming, modifying, adapting nor translating the source code of this website or the app(s).
- Any partial or total reproduction of the source code of the website or the app(s) in any format will be regarded as an unauthorized copy.
- Reproducing or copying, for private use, any contents which may be regarded as software or a database, in accordance with the current legislation in matters of intellectual property, as well as their public disclosure or delivery to third parties, when such acts necessarily involve their reproduction by the User or a third party.
- Introducing, storing or divulging, via the website, any content which infringes intellectual and industrial property rights, trade secrets of third parties or, in general, any content for which, in accordance with the law, there is no right to make it available to third parties.
- Collaborating with a third party to perform any of the conducts indicated above.
5. Disclaimer of liability
On no account may KIDS&US be held liable for circumstances including, but not limited to, those listed below, nor for any damages which may arise.
KIDS&US assumes no liability for any delay, deletion, erroneous delivery or failure to save User correspondence or personal settings.
Nor may KIDS&US be held liable for the decisions made upon the basis of the information provided on the website or the app(s) or the damages caused to the User or third parties as a result of actions based solely on the information obtained on the website and app(s)
KIDS&US reserves the right to refuse to provide the service to any person for whatever reason, and/or to interrupt the service in whole or in part at any time, with or without prior notice.
Use of the website and the app(s) is subject to all the applicable regulations and the Users will be solely liable for the content of their communication via the website.
Access to the website and app(s) does not entail an obligation on the part of KIDS&US to control the absence of viruses, worms or any other harmful computer elements. The User is responsible, in any case, for the availability of suitable tools for the detection and disinfection of harmful software.
KIDS&US cannot be held liable for damages caused by the computer equipment of Users or third parties during the provision of the service of the website or app(s).
KIDS&US makes no guarantee nor accepts liability in any way for damages of any nature which may arise from access to or use of the content or the website or app(s).
Nor may KIDS&US be held liable for:
- Potential security errors which may occur due to the use of computers infected by computer viruses;
- Use by third parties of elements owned by KIDS&US which confuse its identity;
- Infringements of intellectual and industrial property rights by third parties;
- Third-party breaches which may affect Users of the KIDS&US website and app(s);
- The lack of functioning of the website, the app(s) or any of the services for reasons beyond the control of KIDS&US;
- The consequences arising from the malfunctioning of the browser or use of non-updated versions thereof;
- The existence of viruses or malicious or harmful programs in the contents;
- Use which is unlawful, negligent, fraudulent, contrary to the terms of this Legal Notice or good faith and public order of the website or the app(s) or their contents by the Users;
- Damages of any kind caused to the User which bring about failures or disconnections in the telecommunications networks, failures of computers or other electronic systems which cause the suspension, cancellation or interruption of the service of the website or the app(s) during their provision or prior to it.
In reference to the contents and services linked via the website, we refer to the provisions of section 3 of this Legal Notice referring to hyper-links and/or links.
6. Queries, complaints and reporting of illegal and inappropriate activities
In the event of any suggestions, queries, complaints or claims, Users may contact KIDS&US at any time via the following communication channels or those determined at a future date:
Post: Avinguda Tudela, 12, 08242 - Manresa
Tel: +34 93 875 33 45
Such communication channels will also be valid for the contact between KIDS&US and any User who has knowledge that linked websites are providing references to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality.
However, reception by KIDS&US of any correspondence will not imply, in accordance with the provisions of Law 34/2002, effective knowledge of the activities and/or contents indicated by the User as the communicator.
7. Legislation and competent jurisdiction
Each and every clause of this Legal Notice is governed by the national legislation in force at any time for the resolution of any controversy concerning this Legal Notice or the relationship between the parties.
In the event that any conflict or discrepancy arises in the interpretation or application of these legal terms, the courts or tribunals, as applicable, examining the matter shall be those indicated by the applicable legal regulation in matters of competent jurisdiction but, in the event that the User has his or her domicile outside Spain, the two parties submit, expressly waiving any other jurisdiction which may correspond to them, to the Courts and Tribunals of Manresa (Barcelona) or, failing them, those of Barcelona.
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we hereby inform you that the body responsible for the processing of the personal data is KIDS&US ENGLISH, S.L., with its registered address at C/ Cardenal Lluch, nº 5, despacho 1, edificio Catalònia, 08242, Manresa (hereinafter, “KIDS&US”).
The basis for legitimizing the processing of your data is your consent, which will be deemed granted upon your access to and use of the KIDS&US website and/or app. Therefore, upon access to and use of the KIDS&US website and/or app, the User accepts their content and grants his/her consent to the processing of his/her personal data.
The data gathered will be processed in order to improve and develop the activity of KIDS&US, including the provision of the requested services and information, the conducting of surveys and the publication of information which may be of interest to you.
The data will be conserved for a period of up to 5 years following: (i) the fulfilment of the purpose for which the data were gathered or processed or (ii) the termination of the mercantile and/or commercial relationship, whichever is the later.
You have the right, at any time, to access, rectify and/or delete the information you provide, as well as to request its portability. You also have the right to request that its processing be limited, or to oppose the same. This information may also be circulated on the network of KIDS&US ENGLISH, S.L. franchises and companies providing services to KIDS&US ENGLISH S.L. and/or its franchises, based either within the State or abroad. If you require additional or more detailed information on Data Protection, you may request and view it by sending an email to email@example.com, by asking for a written copy from Carrer Canonge Montanyà, 1-5, 08242, Manresa or by writing to Kids&Us School of English, Carrer Canonge Montanyà, 1-5, 08242, Manresa.
In the event that you have suffered any kind of interference in the exercise of your rights, you have the option of submitting a complaint to the competent authority, namely the Spanish Data Protection Agency.
Which personal data are collected?
The only personal data to which KIDS&US will have access are those voluntarily provided by the User. In this sense, it is necessary for Users to understand that in order to access some of the services offered via the website, personal data will be requested. If you do not provide them, you will not be able to access or use said services and contents. You are informed that all the fields which appear on the forms must be completed, in such a way that the omission of any of them may mean we are unable to attend to your request, unless there are data to be voluntarily completed on the form.
In addition, there are accesses to apps on the Google Play Store (via link/hyperlink) with educational content to facilitate the development and learning of the proposed language (learning tools, games, etc.), but KIDS&US does not processing any personal data on them.
On the other hand, there is an education content management app intended for parents in which KIDS&US gathers personal data on student examination results and general student monitoring reports, as well as, by way of example, data concerning the behaviour, learning, motivation and performance of the student; invitations for tutorials; minutes; the age, name and surnames of the student; name and surname data and telephone numbers of the student’s parents/guardians; the course or group; timetables; class attendance register; student photos and announcements of events; administrative data for invoicing management and course-related activities, in order to process the data and maintain an active communication channel between the school and the parents/guardians of the students with regard to everything related to the school and educational management of their children, as well as a digital agenda in which the teachers will proceed to record the student’s monitoring. This application requires the user to have an account with the Google Play Store on Android to download the applications. In addition, the application may automatically collect other kinds of information, such as the type of mobile device, the user’s country, IP addresses, the operating system of the mobile device and information on how the application is used. This data will not be transferred by KIDS&US to third parties and may only be accessed for the purposes of providing the Google Play Store service.
By means of the website, KIDS&US will not gather or process the personal data of minors under fourteen (14) years of age.
Notwithstanding the above, due to its content, the website may be attractive to said minors. In this regard, KIDS&US encourages parents to monitor their children’s electronic activities, for example by means of the use of the parental control tools provided by several electronic services and software manufacturers, helping to provide a secure electronic environment for minors.
Said tools may also prevent children under fourteen (14) years of age from electronically communicating their names, addresses and other personal data without their parents’ consent.
KIDS&US reserves the right to verify, by the means it deems most appropriate, the actual age of any User who has disclosed data via the website and, if appropriate, to deny said User access to the services on offer, and proceed to his or her cancellation and elimination. However, as it is extremely difficult to determine the actual age of the persons who disclose data via the website, if you discover that one of your children has performed such a disclosure, please contact KIDS&US at the following email address: firstname.lastname@example.org