1. CORPORATE INFORMATION

1.1. IDEABLE SOLUTIONS, S.L. (hereinafter IDEABLE) is a Spanish company whose registered address for management and administration purposes is Edificio Boluetabarri, Carretera Bilbao-Galdakao no. 10, 2º Módulo 10, Bilbao (Bizkaia), with Tax ID (CIF) B-95660338, duly registered in the Companies’ Registry of Bizkaia (Volume 5248, Book 0, Folio 1, Page BI-59243, Entry 1). The company is the owner of the domain kwido.com and its email address for electronic messages from users and third parties is support@kwido.com

2. REQUESTED AND STORED DATA

2.1. IDEABLE requests, gathers or simply stores a series of data and information which the User enters on the Kwido Website or Application (hereinafter known as the App) by any electronic form or data collection sheet, either during the user’s registration process on the Website or during everyday use of the App. In this respect, IDEABLE gathers and/or stores, amongst others, the following data:

2.2 During the registration process of the User, personal information on each user of the App, including:

  1. a) Name and surnames
  1. b) Email address.
  1. c) Home address.
  1. d) Postal address.
  1. e) Telephone number.

f) Credit card and other bank or billing information.

  1. g) Age.
  1. h) Gender.
  1. i) Nationality.
  1. j) Personal details (age, gender and others detailed in letters a) to i) relating to the Senior – in the terms defined in the Terms and Conditions of the Service – and his/her Caregiver/s.

2.3. While navigating the Website, IDEABLE may gather and store information on your device, such as:

  1. a) its software.
  1. b) the Internet Protocol (IP) of the device.
  1. c) the type of browser.
  1. d) the Website visited before reaching the Kwido Website.
  1. e) the identification numbers corresponding to your devices.
  1. f) the time and date markers of transactions.

2.4. During use of the App, IDEABLE may access, gather, import or store the following:

  1. a) at the User’s request, the User’s contacts in another app or software, whether the user’s own or that of third parties (e.g. their email address).
  1. b) information from the social networks of the User provided that the User gives access to his/her social network service account/s.

 

  1. c) medical and physical data of the User of the App or his/her Senior, such as measurements, weights, medication which may be prescribed, blood pressure figures and any other health data.
  1. d) personal details of the Senior and/or his/her Caregiver/s as per this Clause 2.4 and Clause 2.3 preceding it.
  1. e) files which are uploaded, downloaded or played via the App such as photos, videos and documents with any content.
3. CONSENT TO THE INCLUSION OF PERSONAL DATA

3.1. IDEABLE informs Users that it is compliant with current legislation on the protection of personal data, most notably Organic Law 15/1999 of 13 December 1999 on the Protection of Personal Data (LOPD), Law 34/2002 on Information Society Services and Electronic Commerce, and Royal Decree 1720/2007 of 21 December implementing the LOPD. In accordance with the provisions of the above legislation, IDEABLE confirms that it only gathers the data that are strictly necessary to offer the services deriving from its activities and other services according to the provisions of the Terms and Conditions of the Service and the services and activities attributed to the company by Law, while reserving the right to use the data in its databases to conduct statistical surveys of registered users and their use of the Website.

3.2. For this purpose, by means of these conditions and through the introduction of any personal data on any electronic form or data collection sheet on the Website or the App, whether during the registration process or during use of the App in accordance with the terms and conditions described in Clause 2 above, the User is informed and gives his/her consent to the addition of his/her personal data to be added to the automated databases belonging to IDEABLE, duly registered in the General Registry for the Protection of Personal Data.

3.3. Likewise, the User gives his/her express consent to IDEABLE to process the data resulting from a query, a request or the contracting of any service or other transaction in order to access the information and services provided by IDEABLE via its Website and its App and, where applicable, to maintain the contractual relationship with the User and to send special offers or advertising and promotional messages by any means, including electronically.

3.4. Finally, by accepting the terms and conditions of this Clause, the User undertakes to comply with the obligations in this Privacy Policy whenever browsing and/or using the Website and/or App and to accept the scope of the guarantees granted by IDEABLE through this Clause or any other which may be in effect at any time.

3.5. IDEABLE undertakes and guarantees to process the personal data in accordance with the provisions of the relevant law mentioned above and any others that may be in force at any given time, as well as guaranteeing the utmost confidentiality in respect of the personal data provided on behalf of both IDEABLE and the company’s employees who have or may have access to these data.

3.6. IDEABLE also guarantees that we comply with generally-accepted security standards to protect the information provided by Users both during transmission and reception of data and its storage. These methods are detailed in the mandatory Security Document in accordance with Organic Law 15/1999 of 13 December 1999 on the Protection of Personal Data. However, it is hereby stated, and the User accepts and understands, that no method of transmitting or storing data electronically can ever be completely (100%) secure. Consequently, IDEABLE cannot guarantee their complete security but only the maximum diligence in this regard and it shall be liable only to the extent of this limit.

4. DATA ACCURACY

4.1. The User declares that all the data provided by him/her during the registration process are true and accurate and undertakes to notify IDEABLE of any changes to these details.

4.2. In the event that the User provides details of third parties during the registration process or use of the App, IDEABLE cannot take responsibility for complying with the principles of information and consent, and therefore the User must guarantee that he/she has previously informed the owner of those data and obtained his/her consent for the data to be used.

4.3. Furthermore, the provision of data is completely voluntary on the part of the User, although the failure to provide certain data or answers to questions that might be made in the registration process or on electronic forms for completion by the User may result in the impossibility of accessing the services for whose provision the personal data have been requested, although in all cases IDEABLE will notify the User that it is mandatory and/or essential for these data to be provided in order for the service to operate properly.

5. CONSENT TO THE TRANSFER OF PERSONAL DATA

5.1. The user understands, acknowledges and accepts that IDEABLE, in the scope of the provisions of Article 21 of Royal Decree 1720/2007 of 21 December 2007 implementing the LOPD, outsources the storage of the contents and information uploaded and/or shared via the App and consequently the personal data contained therein, resulting in the transfer of these data to the company GIGAS HOSTING, S.L. whose registered address and ownership of the servers on which these contents are hosted is in Spanish territory, and in accordance with the contract signed between this company and IDEABLE it shall process the documents exclusively for the purpose of providing the abovementioned hosting service and in accordance with the express instructions given by IDEABLE and, by extension, the User as the File Manager. This outsourcing shall consist solely and exclusively of the storage of data; i.e. a Hosting service, and consequently for this purpose the data are transferring without any additional processing by the subcontractor.

5.2. This transfer shall at all times be regulated by a contract between IDEABLE and the subcontractor which clearly differentiates the purpose for which the data are to be transferred.

5.3. With the exception of the provisions of Clauses 4.1 and 4.2 above, IDEABLE shall not under any circumstances reveal the personal information in its databases to third parties without the express permission of the User, and shall only use the data in its databases for the purpose of providing the User with access to the service and, when the User has provided his/her consent, to send commercial messages and information on products and services and/or special offers and promotions.

5.4. Likewise, IDEABLE guarantees that it shall not sell, rent or transfer for any kind of profit the personal data of Users nor their instruments or addresses to communicate with them apart from those cases where it is absolutely necessary for the provision of the service.

6. USERS’ RIGHTS

6.1. Users have the right to oppose the processing of any of their data that are not essential for the execution of the Contract and to their use for any purpose other than the maintenance of their contractual relationship, such as their processing for advertising purposes. If the User does not agree with any of the data treatments indicated in this policy, he/she may contact IDEABLE in order to express his/her opposition to this data processing.

6.2. In order for Users to exercise their right to access, rectify, cancel or oppose the use of their data and other content of Heading III of Organic Law 15/1999 of 13 December on the Protection of Personal Data, they may send an email to the following email address: support@kwido.com, or write to: Edificio Boluetabarri, Carretera Bilbao‐ Galdácano, no. 10, 2º Módulo 10. 48004 Bilbao (Bizkaia)

7. ACCESS TO PROGRAMMES OR SOFTWARE UNCONNECTED WITH IDEABLE

7.1. To support the correct use of the App and the optimization of its resources, IDEABLE may recommend access to other Websites or third party supports, or even suggest the downloading and configuration of third party software over which IDEABLE has no form of control. This Privacy Policy does not apply to the abovementioned Websites, supports or software. Consequently, any activity in which the User engages in relation to websites or products unconnected with IDEABLE must be governed by the terms, conditions, legal notices and privacy policy of those sites, for which IDEABLE cannot be held responsible.

8. SENDING OFFERS AND/OR COMMUNICATIONS

8.1. In compliance with Law 34/2002 on Information Society Services and Electronic Commerce, IDEABLE will only send offers or advertising and promotional messages by email to your email address or by other equivalent electronic means to those Users who have given their express consent to receive these kinds of messages. Notwithstanding the above, by accepting these Terms and Conditions for the Website and this Privacy Policy, Users expressly agree and authorize IDEABLE to send them offers and advertising messages which are associated with the App.

8.2. Users may at any time refuse to accept these kinds of messages by notifying IDEABLE in the way described in Clause 6.2 above, or by following the deregistration instructions that appear at the end of our emails.

9. USE OF COOKIES

9.1. A cookie is a small text file which is stored on the User’s computer or mobile device and recovered on future visits. There are two kinds of cookies: permanent and temporary (session cookies). Permanent cookies are stored like a file in the computer or mobile device for a period not exceeding 12 months. Session cookies are stored temporarily and disappear when you close the browser.

9.2. Cookies can be deleted from your computer or mobile device by using the browser settings. To get instructions on how to delete cookies, use the Help tab on your browser and you can disable the cookies or otherwise ask for notification to be sent every time a new cookie is sent to your computer or mobile device. However, if you disable cookies you will lose a series of functionalities and benefits which are key to full enjoyment of the Website.

9.3. IDEABLE notifies Users that the company uses cookies on its Website for the following purposes:

  1. a) to recognize Users when they start a session and understand how they reached the Website in order to provide the User with relevant information and content.
  1. b) To remember the User’s preferences in their use of the functions of the Website or App.
  1. c) To fight against fraud.
  1. d) To have information on the version of the App that the User is using in order to provide new software updates and direct the User to the relevant Help sections.
  1. e) To facilitate the User’s access to his/her account and account services via the software.
  1. f) To obtain information, metrics and indicators about the Website such as the total number of visitors and the number of page hits.
  1. g) To check the efficacy and performance of Kwido’s advertising and marketing campaigns and carry out market research in order to improve the App and the Website itself.
  1. h) To implement security measures; e.g. logging off after a specific time if the User has not started a session in the service area of his/her account after a certain period of time.
  1. i) Where applicable, to provide advertising or publicity that might interest the User in accordance with his/her interests.

9.4. IDEABLE also uses third-party cookies to compile statistical data in aggregate form using analysis tools such as Google Analytics. The company uses both permanent and temporary cookies (session cookies).

9.5. By accepting the Terms and Conditions and Privacy Policy, the User expressly accepts and agrees to the use of Cookies although he/she may reject these cookies whenever he/she wishes, either by changing the browser settings (if this is permitted by the browser in question), by stopping use of the Website or App, or by using the corresponding cancellation functions. Bear in mind that certain features of the site are only available through the use of cookies and if you decide not to accept them these features may not be available to you.

10. USE OF USERS’ IP ADDRESSES

10.1. The User expressly authorizes IDEABLE to store and make use of the IP addresses of Users of the Apps in order to analyse trends and monitor the use of the applications as a whole. IDEABLE does not associate IP addresses with any kind of identifiable personal information.

11. MODIFICATION OF PRIVACY POLICY

11.1. This Privacy and Personal Data Protection Policy may be modified, altered and/r replaced at any time due to possible changes in legislation, case law, the criteria used by the Spanish Data Protection Agency and/or the competent authority at any time or in accordance with the practices and customs of the sector or due to any changes decided unilaterally by the management of IDEABLE, whether these are due or not to the above reasons. Whatever the case, IDEABLE undertakes to provide the User with easily visible and adequate information on any such modifications to the Privacy Policy.

11.2. Whatever the case, the User accepts and agrees to the Privacy Policy in force at any given time as a consequence of the use and browsing of the Website and the App, and that any modification made is the one published at any given time on the Website and the homepage which is accessible to the user at all times.