ANNEX I

CONDITIONS OF USE OF THE "Smart2go" COMPUTER APPLICATION

BY DOWNLOADING AND USING THE Smart2go MOBILE APPLICATION YOU REPRESENT THAT YOU HAVE READ AND ACCEPT WITHOUT RESERVATION THESE TERMS OF USE AND THE PRIVACY POLICY.

The USER must read them carefully before accessing and using any service of the Application under his entire responsibility.

1 - Description of Smart2go

‍MAM OBJECTS, S.L. ("MAM OBJECTS" or the "OWNER") is the owner of the Smart2go mobile application ("hereinafter the APP"). The objective of the APP is the optimization of the user's work activity, commercial activity, security tasks or even the control of the working day (start, pause, stop), for which, it is necessary to access the location in background.

The data provided on the user's location will be kept for (1) one year to keep a history of the trips in order to optimize routes, this period can be modified if the client so requires in a shorter time.

2 - Registration as a USER and use of the APP

In order to use the services of the APP, it is an essential requirement to be registered as a USER. That is why access to the application implies that you previously register and provide a series of basic data to identify yourself as a USER.

Our company does not know the identity of the user in any case, since the user in his device will be able to enter the "alias" or the identification that he deems appropriate, which will not have to conform to reality. Taking into account that anonymous data is a zero risk, we inform you that we practice, in all cases, a functional anonymization that implies an insignificant risk of re-identification. Our tokenization method consists of creating identifiers (tokens) whose numbers or values are of little or no use to a possible hacker, which makes a re-identification attack unlikely or impossible.

You can add other information to your account, such as your profile picture and information about yourself. Please try to upload a profile picture that does not contain sensitive information.

3 - Responsibility and obligations of the HOLDER and the USER

‍The APP is offered without guarantee of any kind since its quality and availability may be affected by factors beyond the OWNER's control, such as, among others, the compatibility of the device and operating system used by the USER, limitations or restrictions of the networks of third-party operators. or the geographic location of the USER. In addition, USERS accept that the service may be interrupted when necessary for maintenance work.

‍The OWNER will not be responsible for problems of access or availability of the APP and / or its services, nor for the damages that may be caused by it, when these arise from factors beyond its control. Similarly, the OWNER is not responsible for failures, incompatibilities and / or damages to your terminals or devices that, where appropriate, could be derived from the download and / or use of the APP.

‍The HOLDER does not guarantee or is responsible, in any case, for the following facts and contents, nor for any damages that may arise from them:

Updating, accuracy, completeness, relevance, timeliness and reliability of its contents, whatever the cause and difficulties or technical or other problems in which said facts originate.

The quality, ownership, legitimacy, adequacy or relevance of the materials, and other content.

Obligations of the USER:

  • Notify the OWNER immediately of any indication of the existence of a security violation in the Application, of inappropriate or prohibited uses of the services provided from it, or of security failures of any kind.
  • Make good use of the content, information and services provided from or through the Application, in accordance with the law, good faith and generally accepted good customs, expressly committing to:
    • Refrain from carrying out practices or uses of the services for illicit, fraudulent purposes, harmful to the rights or interests of the HOLDER or third parties, violators of the rules contained in this document.
    • Refrain from taking any type of action that could disable, overload or damage systems, equipment or services of the APP or accessible directly or indirectly through it.
  • Respect the intellectual and industrial property rights of the HOLDER and third parties on the content, information and services provided from or through the Application, generally refraining from copying, distributing, reproducing or communicating in any way the same to third parties, if there is no express written authorization from the HOLDER or the holders of said rights.

As a USER of the APP, you are solely responsible for the use you decide to make of the APP services. Failure to comply with your obligations as a USER may imply the immediate withdrawal of the Application and / or its services; without the right to receive compensation of any kind, and without prejudice to the corresponding legal actions to which the HOLDER may be entitled.

‍The OWNER will not be responsible in any case for the improper use of the APP and its contents, the USER being solely responsible for any damages that may arise from a misuse of these or from the infringement of the provisions of these conditions that may be incurred. The USER undertakes to hold the HOLDER harmless against claims or sanctions that may be received from third parties, whether individuals or public or private entities, due to such infractions, as well as against damages of any kind that may be suffered. as a consequence of them.

‍In any case, the OWNER reserves the right, at any time and without prior notice, to modify or eliminate the content, structure, design, services and conditions of access and / or use of this site, whenever it deems appropriate , as well as the right to interpret these conditions, in whatever questions its application may raise.

Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the APP or its courses (texts, designs, graphics, information, databases, sound files and / or image, logos and other elements of these sites).

‍The previous list is merely illustrative and is not, in any case, exclusive or exclusive in any of its points.

In all cases, the Holder EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE DERIVED DIRECTLY OR INDIRECTLY FROM THEM AND FROM ANY OTHER NON-SPECIFIED OF ANALOGUE CHARACTERISTICS.

4 - Intellectual and industrial property

‍MAM OBJECTS is the owner and holder of all industrial and intellectual property rights related to the APP.

‍The texts, designs, images, databases, logos, structure, brands and other elements of the APP are protected by laws and international treaties on intellectual and industrial property.

In this sense, any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of this site, carried out in any way or by any means, electronic, mechanical or otherwise, are strictly prohibited unless prior written authorization of the corresponding owner, of such content. Any infringement of these rights may give rise to extrajudicial or judicial civil or criminal proceedings that correspond.

‍The USER is granted only a limited, temporary, non-exclusive and revocable license so that they can use, download and / or install the APP on their devices, in accordance with the provisions of these conditions and for the intended uses.

The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is their sole responsibility, for the purpose of preserving possible intellectual property rights, in the event that any USER or a third party considers that There has been a violation of your legitimate rights due to the introduction of certain content in the APP, you must notify this circumstance, in writing, to the OWNER.

5 - Links and Hyperlinks

‍The APP may include within its contents links to sites owned and / or managed by third parties in order to facilitate access to information and services available through the Internet.

‍The OWNER does not assume any responsibility derived from the existence of links between the contents of the APP and contents located outside of them or from any other mention of external contents to this site. Such links or mentions have an exclusively informative purpose and, in no case, do they imply the support, approval, commercialization or any relationship between the OWNER and the people or entities that authored and / or managers of such content or owners of the sites where they are located, nor any guarantee of the OWNER for the correct functioning of the linked sites or contents.

‍In this sense, the USER undertakes to use the utmost diligence and prudence in the case of accessing or using content or services from the sites accessed by virtue of the aforementioned links.

‍The reproduction of APP pages by hyperlink from another Smart2go or web page is not allowed, allowing only access to them.

In no case may it be implied that the Owner authorizes the hyperlink or that he has supervised or assumed in any way the services or content offered by the website from which the hyperlink is produced.

‍No false, incorrect or inaccurate statements or references may be made on the OWNER's pages and services.

The creation of any type of browser, program, browser or border environment on the pages of the APP is explicitly prohibited.

Content that is contrary to the rights of third parties, or contrary to morality and accepted good customs, or illegal content or information, may not be included on the website from which the hyperlink is established.

The existence of a hyperlink between a web page and the APP does not imply the existence of relations between the OWNER and the owner of that page, nor the acceptance and approval of its contents and services.

6 - Security and privacy

We inform you that your personal data will be treated in accordance with the provisions of the APP's Privacy Policy.

7 -Information and contact

‍MAM OBJECTS, S.L .: Vizcaya Technology Park, Building 207-B, Floor-2, (48160) Derio, Vizcaya. Email: soporte@erictel.com

The support to the USER in case of incidents and / or claims will be online and will be attended to as soon as possible.

8 - Applicable Law and Jurisdiction

‍The present conditions of use will be governed and interpreted in each and every one of its extremes by Spanish Law. In those cases in which current regulations do not provide for the obligation to submit to a specific jurisdiction or legislation, the HOLDER and the USERS, waiving any other jurisdiction that may correspond to them, submit to the courts and tribunals of Bilbao.

ANNEX II

PRIVACY POLICY OF THE Smart2go APP

BY DOWNLOADING AND USING THE Smart2go MOBILE APPLICATION YOU REPRESENT THAT YOU HAVE READ AND ACCEPT THE PRIVACY POLICY.

Read carefully this privacy policy for users of the Smart2go mobile application (hereinafter "the APP"). Here you can find all the information about the data we collect about you, how we use it and what control you have over it.

1. Your company as responsible for the processing of your data as a user of the APP

    Responsible for data processing:

    MAM OBJECTS, S.L

2. What data do we process about you?

The information we have about you includes the following data related to you:

  • Alias
  • Mobile phone number
  • Email (optional)
  • Geolocation (that is, the GPS location of your mobile phone).
  • Profile Photo(optional)

3. How do we obtain your data?

You provide us with the data directly through the Application.

The location is obtained in the background, once you have accepted the permission to use it when installing the APP.

In the profile photo, try not to upload sensitive information regarding your privacy, it is optional to add this image from the gallery or a photo and only when the user is willing to do it.

4. For what and why do we use your data?

The information you enter in the APP will only be used for the optimization of the user's work.

We use your data to provide you with the APP service and so that you can make use of its functionalities

Background location is required because the solution generates notifications that inform the user of the application.

  • The user is making a visit to a client, so the user will receive a notification about the visit, being able to optimize the work and demonstrate the visit time.
  • The system will warn about entering a dangerous area.
  • It is possible to register that the user has entered the office in automatic mode to control the work of the working day, which is the entry and exit of the work office

5. Data retention time

The data provided on the user's location will be kept for (1) one year to keep a history of the trips in order to optimize routes, this period can be modified if the client so requires in a shorter time.

6. Who can access the data?

Your data will not be transferred to third parties, except in cases where there is a legal obligation or by judicial prescription.

7. Your rights and how you can control them

The regulations grant you the rights of access, rectification, deletion, limitation, opposition and portability of the data and information that we process about you.

In general, you can exercise all these rights (at any time and free of charge) through communication with the Data Protection delegate of your company, specifying your request, along with your official identity document.

Finally, we inform you that you have the right at all times to file a claim with the agency responsible for Data Protection in your region.

8. Protection of your data

The security, secrecy and confidentiality of your data, communications and personal information is guaranteed by adopting the most demanding and robust security measures and technical means to prevent their loss, misuse or access without your authorization.

In addition, we promise to act quickly and responsibly in the event that the security of your data may be in danger, and to inform you if it is relevant.

Cookies policy

We use technical cookies that allow the user to navigate and use the different options or services offered in the Application, such as, for example, identifying the session and identifying you as a registered user each time you access the Application, access parts of access restricted or use security features while browsing.

9. Contact

Please contact your company if you have any questions, requests and / or suggestions about this Privacy Policy