* April 2020 version

GENERAL INFORMATION

Who’s behind this mobile app?

Behind this app, from now on “3warnings” or “the app”, is DANIEL MUÑOZ GIL, whose details, for whatever you need, are provided below:

Daniel Muñoz Gil
ID: 52332108R
Address: Calle Concejo de Degaña 2, 1C, 33204 Gijón (España)

App description and purpose

This app is intended to introduce 3warnings and the services it offers. It is a mobile instant messaging application, the benefits of which will go, for the most part, to the NGOs that our users vote for, as described in our app.

With this Notice we want to inform the User about who is behind this app, as well as to let them know the kind of information we collect and why we need it. Along with this text, we have arranged other legal texts, such as the App Privacy Policy.

How to contact the person responsible for this app?

To contact us, the user can do so at the address above or, preferably, through the contact emails listed above.

RULES OF OPERATION

How does this App work?

You can download, install and use our app whenever you want and completely free of charge, as well as enjoy the services or information we offer in it.

User types in our app

a) Advertisers: are those entities, companies and/or professionals who wish to advertise their services or products in the application.

b) NGOs: are the non-profit organizations that register on this website to be recipients of our donations.

c) Private user: is the person who downloads the 3warnings application to chat, and to vote for their favorite NGOs, for them to receive our donations.

What confidentiality rules do we apply?

When the user uses our app we may collect his/her data according to our privacy policy. However, if you, as a User, for any reason, access information related to our services or confidential aspects of our business, you are subject to the strictest confidentiality, unless we expressly indicate that you are free to use that information.

In any case, any User of the app must respect what is established in our conditions of use.

Which terms of use apply?

General

Any person who uses our app becomes a User of it, which implies the acceptance of the conditions of use of this app detailed in all its notes and legal policies, relating to data protection, intellectual property, security measures and competent jurisdiction, among others.

As a User, by accessing this app, you assume the risks that may occur at your own risk. Thus, you must be responsible for the use of suitable means to avoid controllable risks that concern you.

Also, as a User, you must carefully read this Legal Notice each time you intend to use the app, since it may be modified and, therefore, you shall be subject to and shall comply with the provisions.

In addition to these terms of use, you must respect at all times the rest of the rules of this app, published on our website (3warnings.com), as they regulate all the rights and duties of users for better protection of them, the protection of our app and therefore also our business.

User Rights

As a User you have the right to use the app subject to the rules set out in the notices applicable to it.

As a user you are entitled to exercise your data protection rights, following the procedures established in our app.

You have the right to have your information treated with respect and maximum privacy, so we have provided an adequate privacy and data protection policy.

User Prohibitions

You may not take advantage of your status as a User to access information that does not correspond to you about the information or services offered in this app or about its Users and to make unauthorized use or use that is against the law and that may cause some type of damage, neither to the owner of this app, nor to a third party or User.

Any type of link to or from defamatory, pornographic, racist or any other page that offers false information or harms our app and any of the professionals or collaborators that work with or for it is prohibited.

Under no circumstances may you delete, alter, evade or manipulate any protection device or security system that may be installed in the app in order to commit any crime or fraud, or infringe on the intellectual property rights, privacy or confidentiality of the users of the app or its owner.

Rights of the owner

The owner of this app has the right to treat the User’s data in accordance with the provisions of these notices and the corresponding privacy policy, using such information to attend to their queries, and may take all appropriate measures according to the law in order to provide the service effectively.

CONTENT POLICY, INTELLECTUAL AND INDUSTRIAL PROPERTY

Content type of our app

Intellectual property policy

  • Our intellectual property policy applies to the entire app, as well as to the content and materials disseminated through it.

  • The user expressly recognizes, and for all purposes, that the information, signs, images, designs, logos, animations, videos, texts, as well as other elements and content, including its services and computer applications, of the app, are subject to the industrial and intellectual property rights of 3warnings or third party owners who have duly authorized their inclusion in the app, so they are not granted any rights over them, except those expressly recognized.

  • Users accessing the app may view the information contained and make downloads or private reproductions on their computer system, provided that the elements reproduced are not subsequently transferred to third parties or installed on a server connected to the Internet or a local network.

  • In accordance with the provisions of the previous section, the User shall not be entitled to, by way of illustration: distribute, modify, transform, assign, make available to the public or carry out any other activity that has not been expressly authorised, on the elements and content indicated above, including the computer codes of any of the elements of this app.

  • The user who proceeds to send any type of content to our app, assures that he has the necessary rights to do so, being exempt 3warnings of any responsibility on the content and legality of the information offered, according to the content of the legal texts that complement this legal notice and the code of conduct that governs the project.

  • The user acknowledges 3warnings’ right to modify the contents introduced in order to make them suitable and compatible with the technical and aesthetic characteristics of the app.

  • The user will be directly responsible for all consequences, damages and losses that may arise for 3warnings and/or third parties from the violation of any obligation contained in this clause, and as provided in the rest of the legal texts and the code of conduct of 3warnings.

User limits regarding access and use of our content

Access to intellectual property content by you as a User does not transfer any rights to you. In this sense, the use you make of this information and content can only be private (used in a private way); any use or reproduction made by Users or others that may be included in the future, must be made in accordance with the legal provisions and policies established here, respecting in all cases the applicable legal limitations.

In particular, it is prohibited:

  • The reproduction, transformation, distribution, public communication, making available to the public or any other exploitation of the contents of this app without the written consent of the respective owner.

  • Nor may links be made to this app without the consent of its owner and, where appropriate, only links to the home page are permitted.

If you wish to request any type of permission to use or publish any of the contents of the app, you may contact us by any of the means indicated at the beginning of this Notice.

Authorizations or permissions

As a user you can view the elements of the app and even print them, copy them and store them on the hard disk of your device or on any other physical support, as long as it is solely and exclusively for personal and private use. Therefore, its use for commercial purposes, its distribution, as well as its modification, alteration or decompilation is prohibited.

However, as an exception to the previous point, we allow you as a User to share information about the app through social networks, with the actions “tweet, retweet, share, blog” or similar, as long as you respect our ownership or the mention of the people with whom you are connected.

(1)

Those persons, NGOs or companies that intend to establish a hyperlink between their website and this app (hereinafter, the hyperlink), must comply with the following conditions:

  • The hyperlink will only point to the app in Google Play Store.

  • A frame will not be created on 3warnings pages.

  • No false, inaccurate or incorrect statements or indications will be made about 3warnings, its managers, its employees and the services provided through the app.

  • It will not be stated or implied that 3warnings has authorized the hyperlink or has in any way supervised or assumed the services offered or made available from the web page where the hyperlink is established.

  • Except for those signs that are part of the same hyperlink, the web page in which the hyperlink is established will not contain any trademark, trade name, shop sign, name, logo, slogan or other distinctive signs belonging to 3warnings.

  • The web page in which the hyperlink is established shall not contain any information or content that is illicit, contrary to morality and generally accepted good customs and public order, as well as content that is contrary to any rights of third parties.

  • The establishment of the hyperlink does not imply, in any case, the existence of a relationship between 3warnings and the owner of the website where it is established, nor the acceptance and approval by 3warnings of its contents or services.

(2)

3warnings provides users with links to facilitate access to information, services and other content available on the Internet. The links enabled in the Web Page may lead the User to other web sites and pages managed by third parties, over which 3warnings has no control.

3warnings assumes no obligation to monitor or verify the information or content of other websites or pages that can be accessed through the hyperlinks on the Web. It assumes, exclusively, the duty to remove from this page, as soon as possible, the information, content or services that do not correspond to reality, violate any applicable law or may mislead or cause damage to the User.

Regarding the software corresponding to this app and its design

The owner of this app has the permissions and licenses to use it, as well as the rights to its design. Any use of the programming code, software or design by the Users is not allowed, being responsible for any fraudulent use or in prejudice of the rights of the owner of the app, or third parties.

Under no circumstances may you extract, manipulate, copy, compile or decompile any element that makes up the app, for purposes that are not your own or that escape the object of what is offered in the app, and you may take legal action if any action is detected against you for this reason.

Regarding our brand and corporate identity

As a User you may not use our brand, domain, slogan or any element that makes up our corporate identity without asking us for express permission to do so.

Complementary rules

In what is not provided in our notices, we will be in compliance with the provisions of applicable legislation and regulations of intellectual and industrial property.

REGIME OF RESPONSIBILITIES

Responsibility for access to the app

Access to our app will be the sole responsibility of the user, both in terms of the form of access and the information provided, as well as the security with which they navigate through it.

For his part, the owner of the app undertakes to make the best and greatest effort, as far as reasonably possible, to avoid errors in the content published and offer a constant and permanent service through it.

We cannot be held responsible for temporary suspensions, breakdowns or technical failures affecting the app, caused by causes unconnected to our business, by viruses or computer insecurity caused by third parties, or by the illegal and disrespectful actions of the Users.

3warnings does not guarantee the availability, continuity or infallibility of the operation of the app and therefore excludes, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the Web page and the services enabled in it, as well as errors in access.

Also, 3warnings disclaims any responsibility for computer or other damages that may be caused to the user by the installation or use of the app. Therefore, it does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the computer system, electronic documents, or files of the user or third parties.

Regarding the published contents

From 3warnings we are not responsible for the content and / or update of the links published in our app, or information that indexes the same and that is related to other websites, applications or other companies that are linked to the content search criteria.

We will review and update the information published by us in our app, but we cannot guarantee that all of it is completely correct as typographical errors, inaccurate or incomplete information may occur for any fully justifiable reason.

Without prejudice to the limitations established in current legislation, 3warnings is not responsible for damages of any kind that may be due to lack of accuracy, completeness, timeliness, and errors or omissions that may suffer the information contained in the app or other content that can be accessed through it.

Responsibility in relation to service failures

In general, neither the app nor its owner is liable for technical errors in the app and/or failure to provide Internet service: (i) due to the actions or errors of third parties and/or (ii) due to their own causes when the incident is resolved and/or they act diligently.

Other responsibilities and duties

  • If 3warnings is declared not responsible for any damage or injury caused by the above in a judicial or extrajudicial procedure, by a court, tribunal or public administrative body, and the user is, may repeat against it all the amounts that have had to pay and bear, including the consequential damage and lost profits, and any costs or charges that had to face, including taxes, fees, lawyers, attorneys, experts, arbitration, travel, stays, and any other.

  • The user refrains from using the platform to take advantage of the service, report or claim anything without reason, the owner of the platform may claim for damages, if any, caused as well as compensation, if any.

  • 3warnings reserves the right to communicate confidential information that Users have communicated to it when imposed by law, regulation, ordinance and/or any other legal mandate, court or government request.

PROTECTION AND OPERATION OF THE APP

3warnings will keep the app operational throughout the year, 24 hours a day, whenever the state of the art allows it.

However, it reserves the right to modify or interrupt, in whole or in part, the access to the system temporarily when the maintenance service, update or repair of the system or the Internet server requires it, without having to notify the user.

If the user detects any anomaly, interference from third parties, system errors or malfunctioning of the app, he must notify 3warnings by contacting the email address indicated at the beginning of the document, so that 3warnings can proceed to review what happened and, if necessary, seek a possible solution.

RIGHT TO MODIFY THIS NOTICE

We reserve the right to modify this notice in order to adapt it to new legislation or jurisprudence that may arise or be published, as well as to make the appropriate modifications in accordance with industry or commercial practices.

When there is a substantial or relevant change in these policies, we will give notice of the changes to our policies in this document, indicating when they are expected to take full effect.

REGULATIONS APPLICABLE TO THIS APP

All our legal texts and policies associated with this app are governed, in each and every one of their aspects, by Spanish legislation, including: Law 34/2002, on Services to the Information Society and Electronic Commerce, Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, European Data Protection Regulation 679/2016 and any other legal provisions applicable to the app and/or products or services offered.

This legal policy only affects the information published and the data processing carried out on the basis of our app. In no case, the conditions established here necessarily have to be related to 3warnings’ policies as regards the provision of services themselves, as well as the way in which these are provided by the owner.

COMPETENT JURISDICTION

In the event that any conflict or discrepancy arises in the interpretation of these conditions or notice, the Courts and Tribunals that, where appropriate, will hear the matter will be those provided by the applicable legal regulations on competent jurisdiction.

If your situation is as an end consumer, the courts corresponding to your home will be competent.

In the case of legal entities, the parties will be subject to the courts of Madrid.

This legal notice is complemented by the rest of the legal policies established in our app, already commented on throughout this notice, such as the Privacy Policy of the app and the Conduct Code, as well as any other that may be necessary to add or complement, following the provisions of the legislation in force at any given time, all to ensure the interest of our Users, giving them the greatest image of guarantee and transparency.