TERMS OF SERVICE - BLOOWATCH
These Terms of Service are effective as of 1st of January 2022.
The Software called "Bloowatch" is published by Open Coast SL, a limited company registered with Tax Identification Number B95754586, with registered office at Calle Ogoño, 1 - Planta 3 Modulo 8, Getxo, Spain (hereinafter referred to as "BLOOWATCH").
The purpose of these Terms of Service of the Website, the Software and Services (hereinafter referred to as "Terms of Service") is to exclusively set forth the rights and obligations and, more generally, the entire relationship between BLOOWATCH and the Client and Users of the Website and associated Services. They may be supplemented by Special Terms that complement these Terms of Service and, where applicable, prevail over them.
Capitalized terms in the Terms of Service have the following meaning:
- "Terms of Service" means the Terms of Service;
- "Client" means the legal or natural person who subscribes to the Software or to additional services for professional purposes, as part of his commercial, liberal or associative activity, including when he is acting in the name or on behalf of another professional;
- "Personal Data" means any personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) relating to a natural person who is or could be identified;
- "Term" means the firm number of months during which the Client is allowed to access and use the Software;
- "Software" means the software offer called BLOOWATCH developed by Open Coast SL provided as "software as a service" (SaaS);
- "License" means the non-exclusive license to use the Software granted by BLOOWATCH to the Client and the Users;
- "Party(ies)" means hereinafter BLOOWATCH and/or the Client;
- "Plan(s)" means the level of services associated with the Subscription to the Software. BLOOWATCH offers different plans that vary according to the volume of objects, features, and level of assistance (Support);
- "Subscription" means the contractual commitment between the Client and BLOOWATCH to use the Software for the Term, the purpose of which (Plan) is specified in the order;
- "Site" means the BLOOWATCH website accessible at https://www.bloowatch.com presenting the Software;
- "Users" means the Account Creator, Administrators, Collaborators, and any third party granted access by the Client;
2. Purpose of the service
2.1. The provision of services (hereinafter the "Services") is the subject of this Agreement between BLOOWATCH and the Client and includes the provision to the Client, through the Internet and the technology known as "cloud computing", of the software owned by BLOOWATCH.
2.2. The subscription to the Services presented on the Website shall be delimited by the conditions specified at the time of subscription according to the Plan chosen by the Licensee, and according to the specific conditions detailed for this purpose on the Website and in the documents transmitted by BLOOWATCH, which the Client declares to be aware of and to accept, and includes, among others:
- A licence to use the BLOOWATCH software owned by Open Coast SL.
- Complementary tasks to BLOOWATCH, such as technical support, introducing improvements and updates, and making security backups.
3. Underwriting process
In order to subscribe to the Services, the Client shall accept the Terms of Service by means of a checkbox presented to him/her for this purpose in an online form, or by any other means that shall be communicated to him/her for this purpose by BLOOWATCH, as well as the possible particular conditions, and pay the determined amount, which depends on the chosen Plan and other possible additional services, at each moment duly announced in the Website and in the documents and invoices provided to the Client.
Before validating the Subscription and accessing the Service, BLOOWATCH offers one or more demonstrations of the Software and the different functionalities so that the Client can analyse and ensure that the proposed Service is in line with its needs. The request for a demonstration can be made directly on the website www.bloowatch.com or by email to firstname.lastname@example.org
BLOOWATCH may also propose any other process that it deems most appropriate to facilitate the understanding of the Services and Features by the Client.
It is understood that the acceptance of the Terms of Service by subscribing to the Services, and their application, implies a full and unconditional commitment by the Licensee to all the present Terms of Service as well as any other Special Condition that BLOOWATCH may have posted on the Website or transmitted in the Subscription documentation.
The Client acknowledges that he has checked the suitability of the Software for his needs, that he has received the necessary information and advice prior to the Subscription, and that he has taken note of the detailed list of functionalities offered by each Plan made available on the "pricing" page of www.bloowatch.com.
The acquisition of BLOOWATCH implies a non-exclusive, revocable and non-transferable right of access to the Service and its use for internal commercial purposes only. This right is limited to the number of Users defined in the Subscription for which the Client has paid the corresponding fees.
4. General Services
4.1 Description of the services
BLOOWATCH is a SaaS (Software-as-a-Service) tool designed to meet the needs of outdoor activity providers. It consists of a web-based application with online updating in which it is possible to perform planning tasks, management of direct and online bookings, cash collection and treasury, pre-accounting, as well as communication functionalities, without limitation to other functionalities.
The registered User will have a complete vision of the activity of his company through the use of the functionalities offered by BLOOWATCH. The functionalities offered by BLOOWATCH and to which the User may have access depend on the Plan and Services contracted by the Client, as indicated on the Website or any other document made available by BLOOWATCH.
5. Characteristics of the Services
5.1. Equipment and connection
BLOOWATCH requires appropriate equipment for its access and use, such as computers or other suitable hardware with Internet connection. Under this Agreement, the Client may use BLOOWATCH through any computer equipment that has the following technical requirements:
- A Windows XP or higher operating system; or MacOS X 10.6 or higher.
- Mozilla Firefox browser (version 17 or higher) or Google Chrome (version 24 or higher).
- For the service to function, an Internet connection is required, bearing in mind that the quality of the connection of the service contracted by the CLIENT may influence the behaviour of the application. It is recommended to have an ADSL line of 4 Mbps or higher. BLOOWATCH cannot guarantee the availability of the service, taking into account the functioning of the Internet, nor that the use of the service will be uninterrupted.
The Client certifies that it has verified the suitability of BLOOWATCH for its purposes and acknowledges its basic features and conditions as well as the basic requirements for access and use.
5.3. Accounts and users
The Services are non-transferable, which means that their transfer to third parties is prohibited, as well as their rental or subletting, the granting of licenses or sublicenses, or the transfer of any technical information that the Client may have received under these Terms of Service.
User Accounts are defined according to different permission levels. When the Client creates User accounts for its employees and partners, they have access to the Features under the conditions defined by the Administrators and under the exclusive responsibility of the Client.
The possible user accesses are :
- Manager (administrator account)
- Assistant (commercial and operational management)
Bloowatch reserves the right to modify this list of access levels in the future, in connection with the possible introduction of new Features.
By default, the Account set up by BLOOWATCH is a Manager account (administrator), which has all access rights. This administrator accepts the Terms of Service to access the Software and use its various Features. The Account Creator must be legally capable of contracting, have the necessary authorizations and be subject to all applicable laws. The Account Creator is also responsible for setting up limited access to the Client's third party clients. Users declare that they are authorised to use the Software and that they have accepted the Terms of Service to use the Software. The use of the Software is reserved for professional Clients only.
BLOOWATCH shall provide the Client with a username and password, which shall be strictly personal and non-transferable and shall not be shared with third parties. In case of loss or theft of the password, or any suspected unauthorized access to BLOOWATCH by third parties, the Client shall immediately inform BLOOWATCH, in order to take the necessary technical measures to prevent any unauthorized access.
6. Support and maintenance
6.1. Setting up
On the basis of the information provided by the Client at the time of subscription, the Software will be opened with the Functionalities provided for by the chosen Plan.
A first initial configuration of the Product catalogue may be carried out by BLOOWATCH, in accordance with the limits on the number of products configured per Plan defined on the Website. Under no circumstances shall BLOOWATCH be held responsible for the consequences of this, and it is the Client's responsibility to verify the adequacy of this configuration.
A complete and comprehensive set-up could be achieved beyond these limits for an additional set-up service not included in the Plans;
BLOOWATCH may occasionally offer data import via CSV files.
BLOOWATCH offers a training service by videoconference according to the modalities and the number of hours defined in the chosen Price Plan. During the training, the BLOOWATCH staff accompanies the analysis of functional needs, the explanation of the functionalities, the sharing of use cases and the accompaniment to the implementation and handling of the solution.
It will be possible to carry out trainings and videoconferences beyond the total number of hours foreseen in the chosen Plan, with a fee based on the time spent by the BLOOWATCH training staff, as defined from time to time by BLOOWATCH.
It would be possible to carry out face-to-face training at the client's expense after acceptance of a specific estimate.
6.3. Client support
Client support will be delivered in accordance with the chosen Pricing Plan, as described on the Website.
The main communication channel for Client support is a live chat service available from the Software interface.
Users may contact support for information on accessing or using the Software in accordance with the chosen Plan:
- Start & Pro Plan - Live chat & email support
- Gold Plan - Support via live chat, video conferencing (scheduled according to the availability of the support team), and telephone
The helpdesk will be available from Monday to Friday from 9:00 am to 6:30 pm except on public holidays (the "Office Hours"). Any messages sent outside of these hours will be dealt with on the next working day.
The Client also has access to an online space with tutorials and educational content specially designed to facilitate learning.
In the event of a technical incident, our technical team is available 7 days a week to analyse the data and measurements of our technical infrastructure, to make the necessary corrections, and to communicate as quickly as possible to the Users the information on the technical incidence and its resolution through the support communication channels defined above.
6.4. Updates and maintenance
The BLOOWATCH Service includes the regular addition of new features, security patches and bug fixes, introduced centrally for all Users of the BLOOWATCH Service via a regular Update process.
The development and addition of new features is carried out according to priorities defined by BLOOWATCH in relation to the needs shared by the Clients or any other source of information in the industry. The Client acknowledges and agrees that only BLOOWATCH has the responsibility to define these features, and the corresponding priorities and deadlines for their implementation, and that in no case shall the Client require from Bloowatch new features or a change in the priorities or deadlines for development and updates.
With a view to continuous improvement of the Software, the Client accepts that maintenance may result in a temporary suspension of the Service and access to the Service. This suspension will be carried out as much as possible between 10pm and 7am on working days (GMT).
7. Pricing plans and payments
7.1. Pricing Plans
Each Pricing Plan is defined by a specific price and allows access to different Functionalities of the Software. The Plan subscribed to on the basis of these Terms of Service, is subject to the features, functionality and pricing indicated on the Website and the documents provided during the contracting process.
7.2. Payment of the Subscription
The total price due for the Subscription is payable in advance, at the beginning of the Subscription or renewal period. The Client shall pay by direct debit using the credit card number provided. Exceptionally, BLOOWATCH may accept, but without any obligation, payment by bank transfer or other means of payment. It is also possible that the Client may be asked to make the payment or registration on third party online payment sites or services. In all cases, the Client shall ensure that the full amount invoiced is paid, free of any bank commission charges on transfers, or currency exchange charges. If a payment is received for less than the price of the Subscription, the Client will be required to make a new payment to compensate for the shortfall, free of any fees for BLOOWATCH.
7.3. Guarantee on payment
The Client guarantees that he/she has the necessary funds and authorizations to use the chosen payment method. The Client is responsible for the validity of the credit card data or bank account number provided, and to maintain active the means of payment (bank account, bank card) associated with his/her BLOOWATCH account. In the event of direct debit, the Client agrees to notify BLOOWATCH at least thirty (30) days prior to the due date for payment of a Subscription of any change of bank account information to enable BLOOWATCH to take into account the changes and avoid the failure of the direct debit.
7.4. Late or non-payment
Failure to pay any sum due by the Client, and not paid on the due date, shall automatically result in the invoicing of late interest equal to 3 times the legal interest rate of the European Central Bank. A sum of 40 € (excl. VAT) will also be charged to the Client for the collection costs. The Client shall reimburse BLOOWATCH for all costs (including any legal fees) associated with the collection of payments not honoured by the Client.
In the event of late payment, BLOOWATCH may temporarily or permanently suspend the provision of services if, after payment has been formally requested to the Client, the payment has not been received within seven (7) days from such request.
Once this period has elapsed, BLOOWATCH will make a new request to the Client, granting a new period of ten (10) days to make the payment. Once this period has elapsed, BLOOWATCH may proceed to the definitive interruption of the Service. The cost of restoring the Service will be borne by the Client and will amount to 150 euros (excluding VAT).
Invoices shall be issued only by electronic means, which the Client expressly accepts. The Client agrees to inform BLOOWATCH of any change in the information necessary for payment and invoicing, such as postal address, bank information, company identity and registration information, or EU- VAT number. Any dispute regarding an invoice must be expressed in a letter with acknowledgement of receipt or an e-mail to email@example.com within fifteen (15) days from the date of the invoice (or pro forma invoice). In the absence of such a letter or e-mail, the Client shall be deemed to have accepted the invoice.
The Client is obliged to follow any email communications regarding possible changes in payment terms, payment frequency, or any other billing information.
8. The duration of the contract
8.1. Duration of the contract
The contract starts with the Subscription on the day of acceptance of the Terms of Service, subject to payment of the price, and is fixed for an Initial Period of 12 months in accordance with the chosen Plan. BLOOWATCH shall have the possibility to exceptionally propose a Subscription with a duration different from 12 months, the terms of which shall be defined in the associated Special Conditions.
The Subscription shall be renewed from date to date, for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the "Periods"), except in the event of the application of Special Conditions for Periods of different duration, explicitly validated beforehand by BLOOWATCH.
The renewal shall be tacitly validated unless terminated by BLOOWATCH or by the Client thirty (30) days before the end of the Subscription Period.
9. Termination of the account
9.1. Terms of termination
BLOOWATCH will allow termination of the respective Licensee's accounts and the associated Subscription. Registered Users may terminate their User account at any time by sending an email to firstname.lastname@example.org.
BLOOWATCH may also cancel the present agreement by terminating the provision of the service, after having previously notified the Client thirty (30) days in advance of the date foreseen for said termination.
In the event of early termination of the Subscription and associated accounts, for reasons attributable to the Client, the Client shall be obliged to pay BLOOWATCH the full amount until the end of the current period of Subscription for the term provided. Under no circumstances may the reimbursement of payments made prior to the date of the termination request be required.
In the event that, despite having followed the subscription and acceptance procedure defined in these Terms of Service, the Client demonstrates serious problems that make it impossible to access the Software or to use the Features and the Software, the Client shall have a 14-day withdrawal period to withdraw from the Subscription and the contract between the parties. This decision must be communicated to BLOOWATCH by letter with acknowledgement of receipt or by email to email@example.com within 14 days from the beginning of the Subscription, explaining in as much detail as possible the limitations that made the use impossible.
This exceptional procedure will be accompanied by the reimbursement of the payment made for the subscription, less a flat fee of €150 which will be retained for the set-up costs, service costs and support costs incurred during this launch period. Under no circumstances may the subscription be retracted once the 14-day retraction period has expired.
10. Return of stored data and liability
10.1. Data export
BLOOWATCH provides tools that allow the account holder to export the information to their own systems. These tools are available as long as the account holder remains active. The User must take into account that prior to the termination and cancellation of his User account he will be responsible for exporting all information contained in the Software before all User data is deleted.
10.2. Recovery of data after termination
The Client shall have the possibility, within sixty (60) days following the end of the Subscription, for whatever reason, to request from BLOOWATCH, for a fee, a copy of its data, which BLOOWATCH may return to the Client in a structured and commonly used format the following data:
- Documents: reservations, invoices, credit notes, tickets.
- Accounting: sales journal, cash receipts journal, POS closures.
- Clients: Client contacts.
- Activities: session history; rental history; accommodation history.
Upon receipt of the client's request, Bloowatch will provide a quote that will define the Terms of Service of the work.
If the Client's request concerns elements not provided for above, or requires the implementation by BLOOWATCH of complex recovery processes, and insofar as such recovery is technically possible, all the costs of recovery of the elements, Client follow-up and secure shipping will be subject to an estimate and will be borne by the Client.
After this period of 60 days, BLOOWATCH shall no longer be obliged to maintain or provide the Client's data and, unless prohibited by the legislation in the field, BLOOWATCH may proceed to the deletion of all data from the system.
10.3 Deletion of data
BLOOWATCH shall delete from its servers the Clients' data within twelve (12) months after the end of their Subscription, except for any data whose retention is longer than this and is required by law or by a legitimate interest related to the relationship with the Licensee.
In accordance with applicable law, BLOOWATCH shall not be liable for any information stored by the Licensee in the Software as a result of the use of the Services, without prejudice to the clause on personal data protection.
11. Authorization of use and BLOOWATCH license
By contracting the Services, OPEN COAST SL grants to the Licensee a non-transferable and non-exclusive license to use BLOOWATCH; through the modality of provision through the Internet and without any territorial limitation; with the purpose, duration and other limitations provided for in the present Terms of Service, and specific to the Particular Terms of Service, understood according to the services chosen, and accepted in the formalization of the offer at the end of the contracting process. This permission will be conditional on the duration of the service and on the Licensee's fulfilment of the terms set out in these Terms of Service.
12. Obligations of the Licensee
The Licensee agrees without limitation to comply with the following requirements:
- Respect the Terms of Service of payment.
- To use the Services and the functionalities in compliance with the present Terms of Service, as well as with the authorization of use of BLOOWATCH, which includes, the applicable legislation (especially those of intellectual and industrial property), morality, good customs in general accepted and public order.
- Does not violate any right or interest of BLOOWATCH or third parties, such as intellectual or industrial property rights (patents, trademarks, trade secrets, copyrights or other property rights).
- Not to introduce by computer means, viruses, Trojan horses or any other class of malicious virus, intended to interrupt, destroy or limit the functionality of the Website or BLOOWATCH.
- Not to use reverse engineering and/or deciphering and/or decrypting techniques or use any other system to determine the source code of the Website or BLOOWATCH or any other material subject to copyright or underlying intellectual property, or to modify the Website or BLOOWATCH in any way possible, except to the extent that such activity is expressly permitted by applicable law
- Not to damage, disable, overburden or impair the Website or BLOOWATCH (or the connected network(s)), or interfere with a Licensee's use and enjoyment thereof.
- Not to harm or overload the servers or systems supporting the Software through the use of the API or the online sales integration iframes and widgets. If excessive or harmful use is detected by BLOOWATCH, the Client will be required to immediately make the requested changes under penalty of being disconnected from the Services or having to pay financial compensation for the harm suffered.
- Do not, under any circumstances, perform actions or use methods to simulate the appearance or function of the Website or BLOOWATCH.
- Review changes to these Terms of Service and notices given to it, as they may contain important information.
- We assume that the use of the Services is under the absolute responsibility of the Client and that the services are directed to professionals, who assume full responsibility for the interpretations and information provided by BLOOWATCH
- Under no circumstances shall the inactivity of the Client or Users on the Software or in the use of the Services due to a period of reduced professional or associative activity, or for any other reason whatsoever, justify the solicitation of financial compensation, a change in the duration or the Subscription Periods, or any other form of compensation.
13. Rights and warranties of BLOOWATCH
13.1. BLOOWATCH is committed to ensuring that its Services are sustainable over time, and guarantees the improvement and expansion of the same so that the User may use the Website and its Services at any time, subject to the availability of services and its limitations.
13.2. BLOOWATCH ensures the proper functioning of the Software, except in case of incident, abuse or mishandling by the User. In the event that the Services generate problems or errors that are not a consequence of the cases described above, BLOOWATCH undertakes to resolve them as soon as possible.
13.3 With respect to the subscription to the Services defined in the General Terms of Service presented, BLOOWATCH does not assume any obligation other than those contained in this document and in the particular conditions of each service, and reserves all rights and licenses not expressly granted herein.
13.4. BLOOWATCH reserves the right to modify the price of the Price Plans and other associated services, and will inform the User in advance of any price modification.
The price of the Subscription may vary:
- at the Client's initiative if the Client wishes to change the Price Plan or contract additional services.
- for Clients who have not yet subscribed, at the initiative of BLOOWATCH at its own discretion.
- for Clients who already have a Subscription, BLOOWATCH may modify the applied rates. A price change will be effective at the beginning of the next Subscription period.
Continued use of the Service after the price change has become effective shall constitute acceptance of the new price.
13.5. BLOOWATCH cannot guarantee the suitability of its Services for a particular use, or the use or implementation of technology, knowledge or technical means, which would be superior or more advanced than those originally foreseen, known and accepted by the User.
14. Exclusion of liability
14.1 BLOOWATCH shall not be liable for any breach by users of any obligation or commitment of these Terms or any other applicable law or regulation.
14.2. BLOOWATCH disclaims any obligation or liability to any person or entity for damages caused by the use or non-use of BLOOWATCH, directly or indirectly, including work interruptions, loss of data, economic loss or loss of anticipated income as a result of the use of BLOOWATCH. Likewise, BLOOWATCH shall not be liable for any warranty or representation regarding actions performed by others without its prior written consent.
14.3. BLOOWATCH shall not be liable for any damage or injury suffered by the Licensee, arising from its use of the Services, or from the use of the Services by third parties. BLOOWATCH shall only be liable in case of intentional fault or gross negligence on its part.
14.4. In any case, any liability shall be limited, for whatever reason, to the total amount received by BLOOWATCH from the User in consideration of the Services.
14.5. BLOOWATCH shall not be held responsible, under any circumstances, for the content that users introduce, store, process, publish, share or send from the functionalities made available to Licensees in BLOOWATCH, the Services or through BLOOWATCH.
14.6. The Services may contain links to third party websites. BLOOWATCH cannot be held responsible for the contents, nor for any action that may derive from the access through these links to external pages.
14.7. BLOOWATCH does not offer any warranty in relation to the services or products that may be offered through BLOOWATCH or the Services to the end Client by the Licensee, in particular those that are free of charge.
14.8 BLOOWATCH shall not be liable for the lack of veracity, inaccuracy or problems of updating schedules, prices, and other information about the services offered to the end Client by the Licensee, nor for the non-fulfilment or defective fulfilment on its part, as well as its obligations, derived from the regulations in force and/or any terms and/or conditions of sale, reservations or provision of services sold through BLOOWATCH.
14.9 BLOOWATCH shall not be held responsible for the integration and use of third party meteorological files for the planning of activities, as well as for the online sale of services and products offered by the Client, or for matters relating to its cash flow. In particular, BLOOWATCH shall not be responsible for the data entered by the Client in accordance with the sections of point five (5) of these General Terms of Service.
14.10. The Licensee shall not sue BLOOWATCH for any sanction, compensation or any other type of penalty caused by an action of the Licensee contrary to these Terms of Service.
14.11. In addition, in the case of certain countries where the laws and jurisdictions do not allow the exclusion of certain warranties or the exclusion of certain liabilities, only those liabilities which are not allowed shall apply.
15. Intellectual and industrial property
15.1. The intellectual property of all the elements that make up the Website and BLOOWATCH, as well as its source code, design, structure, technology, documentation, manuals, signs and other code elements contained therein; and their improvements and upgrades, are the property of BLOOWATCH, where the latter has, where applicable, the rights of use and exploitation. All these elements are protected by the laws on intellectual and industrial property, reproduction being prohibited, distribution, public communication and transformation beyond the limits provided for in these Terms of Service. All rights not expressly granted are reserved by BLOOWATCH.
15.2. BLOOWATCH respects the intellectual property of the content, files or developments sent by the Licensee. With respect to any content shared or posted on or through the Website, the User warrants that, being the author thereof or having sufficient intellectual and/or industrial property rights thereto, he/she may share or publish it, assuming any liability that may be derived therefrom.
15.3 BLOOWATCH may allow the publication of photos and audiovisual content, obtained directly or by users authorized by the Licensee. In such cases, on the content that you publish and share, the Client shall :
- Grant BLOOWATCH the broadest possible permission in law for the publication of such content on the Internet.
- Not publish comments or content that may be considered offensive, or that infringe the rights of third parties, including (as an example) rights relating to image, personality, honour, copyright or the protection of personal data.
- Not harass, abuse or harm another person through the content posted.
- BLOOWATCH does not control or approve the contents published by the Client and the Users through BLOOWATCH. Therefore, the Client and the Users shall refrain from sending inappropriate content or content that includes links to websites with content contrary to the legislation in force, including the general law on advertising, or containing certain software or material that could damage computer systems and equipment.
- Take responsibility for everything he publishes and assume the public consequences thereof. In particular, the Client will be responsible for any infringement of intellectual or industrial property rights.
15.4. The name, logo, commercial names and trademarks of BLOOWATCH are the property of OPEN COAST SL. No right to use them is granted to the Client, except as explicitly authorized in these Terms. BLOOWATCH reserves all rights, titles and interests in all copies of the BLOOWATCH Service.
16. Personal data protection and confidentiality
BLOOWATCH will, according to the application of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, be in charge of the processing of the data provided or incorporated by the Users of the Software, acting as a subcontractor, on behalf of the Client.
16.2. Description and purposes of the processing
The persons concerned by the processing are: the Client, the Client's employees; the Client's Clients and partners. BLOOWATCH collects the personal data of the Users such as: name, first name, email, address, telephone number, date of birth, photograph, name of their clients or prospects, identifiers, IP address...
BLOOWATCH collects and processes the data that Users voluntarily provide in order to access and use the Software. The purposes of the processing are:
- the creation of user accounts ;
- the provision of the Software and its various functionalities;
- Management of site and software security and backups;
- management and follow-up of the commercial relationship (subscriptions, invoices, payments and support to Users);
- management of prospects and information requests (sending commercial offers, newsletters, white papers, etc.);
- the management of requests to exercise the various rights of Users: rights of access to their Personal Data, rights of rectification, deletion, opposition, portability and limitation of processing.
- data recovery management.
16.3. Obligations of the Parties
The Parties acknowledge that BLOOWATCH will process the Personal Data defined in the previous point and entered by the Client in the Software, in its capacity as Software Publisher, for the sole purpose and under the conditions agreed upon in the Terms of Service, in order to achieve the purpose of the present Terms of Service and to fulfill its obligations.
In its capacity as data controller, the Client is responsible for complying with its own legal and regulatory obligations regarding the processing of Personal Data. The Client acknowledges that the measures implemented by BLOOWATCH within the framework of these Terms of Services constitute sufficient guarantees of compliance with the regulations, and the Client undertakes to comply at all times with the laws and regulations in force in this regard.
In its capacity as a subcontractor, BLOOWATCH is limited to following the Client's documented instructions regarding processing, subject to alerting the Client in case of instructions given that do not comply with the regulations.
It is understood that BLOOWATCH shall not be held responsible for the decisions made by the Client as a data controller, it being specified that the purpose of these Terms is not to provide legal advice. In particular, if the Client uses the Functionalities to process Data or categories of Personal Data (such as sensitive data as defined by the RGPD), the Client does so with full knowledge of the causes and consequences, in its capacity as data controller, and BLOOWATCH shall not be held liable in case of failure to comply with the regulations.
The Client agrees to inform BLOOWATCH without delay, in the event of any change in the Client's requests, which may lead to a change in BLOOWATCH's status with respect to data protection regulations.
16.4. Obligations of the subcontractor
Cooperation and assistance
The Client acknowledges that the following steps satisfy BLOOWATCH's obligation to cooperate and assist in order to ensure the compliance of the processing with the regulations, in particular with regard to :
- notifications of violations, which will be transmitted by BLOOWATCH as soon as possible after becoming aware of the violation;
- requests to exercise the rights of the Client's Clients (access, rectification, opposition, portability). In its capacity as a subcontractor, BLOOWATCH is limited to assisting the Client to fulfill its own obligations. Thus, BLOOWATCH never responds on behalf of the Client to requests for the exercise of rights that are addressed to it directly: in the event that BLOOWATCH receives such a request, BLOOWATCH will forward it to the Client as soon as possible so that the latter can manage the follow-up to be given to it;
Security and privacy
BLOOWATCH agrees to implement technical and organizational security measures corresponding to the basic level of security of the organization referred to in Regulation (EU) 2016/679 of the European Parliament and of the Council, or the legislation that will replace it in the future, in order to ensure responsibility for the security of the Licensee's data and to avoid any manipulation, loss or unauthorized access. BLOOWATCH undertakes to respect the obligation of secrecy with respect to personal data and its duty to maintain the adoption of security measures imposed by the legislation in force to prevent alteration, loss or unauthorized access.
In its capacity as data controller, the Client determines and respects the technical and organisational measures relating to the security and confidentiality of the Personal Data processed.
The Client acknowledges that the security measures communicated to him prior to subscription satisfy the security and confidentiality obligation necessary for the processing to comply with the regulations, and in particular :
- The Client's Data are hosted on BLOOWATCH servers located in Microsoft's infrastructure in Europe, certified ISO 27001 and PCI-DSS security; the security control of the servers and the update of BLOOWATCH's operating software is done in real time;
- BLOOWATCH only allows access to the Features and Client Data to persons specifically authorized by BLOOWATCH and by the Client. No employee of BLOOWATCH shall have access to the Client's Data, unless access to such information is necessary for the Subscription or for the fulfillment of the purpose of these Terms of Service. Each BLOOWATCH employee is bound by a commitment to the protection of Personal Data;
- At the request of the Client or the Users and subject to the Subscription to the support services, BLOOWATCH may remotely connect to their Accounts, after formalization of the User's agreement, to assist them in setting up or using the Modules.
- BLOOWATCH shall notify the Client of any breach of the Personal Data entrusted to it by the Client, as soon as possible after becoming aware of such breach, taking into account the notification period granted to the controller by Articles 33 and 34 of the GDPR.
BLOOWATCH shall promptly investigate any breach of Personal Data in order to remedy such breach. BLOOWATCH shall promptly inform the Client of the corrective measures and of the measures put in place to remedy such breach.
The Client agrees that BLOOWATCH may use subcontractors acting in its name and on its behalf to assist it in the processing of the Client's Personal Data.
These suppliers may be replaced in their functions by another service provider without prior authorisation or information to the Licensee.
BLOOWATCH takes all necessary precautions in the choice of its subcontractors to whom the Personal Data of its Clients are entrusted and informs the Client of any planned change concerning the addition or replacement of a subsequent subcontractor by any written means at its convenience.
If the Client deems it necessary to conduct an audit to verify the compliance of the Software with the regulations and these Terms of Service, BLOOWATCH agrees to submit to such audit under the following conditions:
- The Client shall formulate a request for an on-site audit, justified and documented, by registered letter with acknowledgement of receipt. The audit shall be carried out by a reputable, independent auditor chosen by the Client and accepted by BLOOWATCH. The Parties acknowledge that all reports and information obtained in the course of this audit are confidential information.
- The starting date of the audit, the duration and the scope of the audit are defined by mutual agreement between the Parties with a minimum notice of 30 working days. The Client shall bear all costs and expenses incurred by the audit and shall reimburse BLOOWATCH for all costs incurred for this purpose, in particular, the time spent on the audit on the basis of the average hourly rate of the BLOOWATCH staff having collaborated to the audit.
Localization - Data transfers
Users' Personal Data are stored in Europe on BLOOWATCH servers, which are hosted by MICROSOFT.
If BLOOWATCH were to transfer Personal Data to service providers established outside the European Union, BLOOWATCH shall first ensure that the transfers benefit from a level of protection equivalent to that of the Union and are accompanied by appropriate safeguards, in particular those provided for by Articles 45 and 46 of the GDPR, in particular the European Commission's Standard Contractual Clauses.
Restitution, destruction of personal data
At the Client's option and within 60 days of the Client's request to BLOOWATCH at the end of the Term, BLOOWATCH shall return to the Client all Personal Data and all copies thereof, or securely delete or destroy the Personal Data.
Register of processing activities
BLOOWATCH undertakes to keep a record of all categories of activities relating to the processing of Personal Data carried out on behalf of the Client, containing :
- the name and contact details of BLOOWATCH and its subcontractors, those of the Client and, where applicable, of the Data Protection Officer of the Client and BLOOWATCH;
- the categories of processing carried out on behalf of the Client;
- where applicable, transfers of Personal Data to a third country or to an International Organisation and the documents attesting to the existence of the appropriate safeguards imposed by Articles 45 et seq. of the GDPR;
- a general description of the technical and organisational security measures referred to in Article 32 of the RGPD.
Should BLOOWATCH suffer any damages, losses and/or costs (such as lawyers' and attorneys' fees) as a result of violations committed by the Licensee, the Licensee undertakes to compensate BLOOWATCH.
If, as a result of the Licensee's breaches, claims or proceedings are brought against BLOOWATCH, the Licensee shall indemnify BLOOWATCH against any expenses, costs, damages or prejudice resulting from such actions.
18. General issues
18.1. Safeguarding and interpretation
If any provision of these Conditions is considered illegal, invalid or unenforceable according to the provision of the Competent Authority, it will be modified so that it can be interpreted as enforceable and effective in the closest possible way to the original intention of the provision.
The non-requirement of strict compliance with some of the terms of these Terms does not imply nor can it be construed as a waiver on the part of BLOOWATCH to require its compliance in strict terms in the future.
The declaration of invalidity of one or more of the provisions set out in these conditions by the competent authority shall not affect the validity of the rest.
18.2. Commercial communications
It is understood that in the process of subscribing to Bloowatch, the client will have requested the sending of commercial communications. At any time, the client may revoke this consent by communicating it to BLOOWATCH or to the e-mail address provided for this purpose.
The language applicable to these Conditions is Spanish. If the user has received a version of these Conditions in English or French, this was done as a courtesy or for the convenience of the user and the user agrees that these Conditions are governed by the Spanish version.
In case of contradiction between the original Spanish version and the translation of these Terms of Service, the Spanish version shall prevail.
18.4. Assignment and delegation
The Licensee may not assign or delegate the rights granted in these Terms of Service or the obligations assumed. Any such transfer and/or delegation shall be void. However, BLOOWATCH may assign the rights and obligations of these Terms of Service to third parties freely.
BLOOWATCH reserves the right to modify, limit or cancel all or part of the Terms of Service and conditions applicable to the subscription plans at any time. In such case, it will inform the Licensee in advance.
18.6. Force majeure
If, despite all the precautions taken by BLOOWATCH, it is not possible to guarantee the services in case of force majeure, such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures or suspensions of the Services due to causes attributable to third parties, BLOOWATCH shall not be liable in any way.
18.7. Legislation and jurisdiction
Any claim, cause of action or dispute arising out of or in connection with these Terms shall be governed by Spanish law, regardless of the country of the original licensee, the location of the web servers or the place where the service is used.
For the resolution of any disputes regarding the Terms, BLOOWATCH and the Licensee shall submit, expressly waiving any other jurisdiction, to the courts of the city of Bilbao (Spain).
If you have any questions, you can contact BLOOWATCH at the following e-mail address: firstname.lastname@example.org