* April 2020 version

This document sets out the general rules and principles that apply to all Users who use the 3warnings app and web, so that they act in compliance with the law and in good faith.

This code of conduct is developed by 3warnings with the objective of generating confidence in offering its services to NGOs, advertisers and individual users (hereinafter referred to as “the Users”) when using its mobile application and website.

3warnings’ philosophy is based on integrity, honesty, fair treatment and compliance with the laws and regulations in force, all in order to ensure that our platforms, both the web and the mobile application, and the services we offer have the best reputation within the market.

Objective of this code of conduct

This document is intended to be a regulation or code of conduct for all 3warnings users, which establishes a series of guidelines for conduct or action while browsing or using our platforms and, thus, ensure the proper functioning of both the platforms and the services offered therein.

Below is the code of conduct that these users must follow to access and use the Web and the Application, expressly indicating that compliance with the following is an essential condition for their use.

3warnings General Common Duties

  1. From 3warnings we are committed to providing the service and informing the user about it in the most ethical way possible and in compliance with the parameters of the law.

  2. 3warnings is committed to treat the personal data of the Users following the rules of confidentiality and privacy established in the legal texts governing the web and mobile platforms and the provisions of applicable law, in particular, the European Regulation on the Protection of Personal Data 679/2016 of 27 April and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

  3. We also undertake to act with honesty and professional responsibility, providing as much information as possible regarding our services, in the clearest and most transparent manner and in the simplest and most appropriate language.

  4. 3warnings will not promote misleading or false advertising campaigns.

  5. The claims made by the Users will be attended and resolved as soon as possible and putting the necessary resources at their disposal.

  6. When a user reports a possible violation by another user of the duties established in the platforms or an irresponsible failure to provide the service or commitment, 3warnings is committed to maintaining the anonymity of the person who reported what happened.

  7. 3warnings works to ensure that the platforms and services offered work properly and safely without prejudice to the fact that there may be occasions when something does not work completely well due to external causes or updates in programs, systems or the web or app itself that must be made, of which the user will be warned in advance, as far as possible.

Duties of Users

General and common duties for all users

  1. Users declare under their own responsibility that they will act in compliance with applicable regulations, in a responsible, respectful, diligent manner and in good faith.
  2. Users must provide truthful, complete and current information, so that they can be identified and accredited as being who they say they are.
  3. Users must use the platform for the purpose for which it is intended, and must not use it for other purposes or, in particular, break the law. Users must accept all the conditions contained therein, in their legal texts, and undertake to respect all the provisions therein.
  4. In the event that the User has access to confidential information, he undertakes to use it exclusively for the purposes of the platforms for which it was disclosed, always respecting such confidentiality.
  5. In the event that Users detect any anomaly or malfunction of the platform or services offered by 3warnings, they may notify 3warnings by email.
  6. With respect to the use or publication, if any, of content by Users, they agree to respect the following rules or regulations:
    • Respect the rights of the owner of the platform and the rights of third parties related to intellectual and industrial property.
    • Comply with each of the rules and procedures established in this document and in the legal notices.
    • To respect the rights of third parties and other Users registered on the 3warnings platforms.
  7. In the case that the Users themselves can comment on the platforms, they must respect not only the intellectual property rights and image of third parties or the platforms, but also make their comments or contributions ensuring respect for others and compliance with the rules and fundamental rights at all times.
  8. Users must carry out their function or provision without exceeding it and carrying it out in accordance with the law, and may not use it for other purposes.
  9. Users may not use the platforms to provide other types of services or for purposes that are not permitted there or in accordance with the law.
  10. Users may not take advantage of the platforms to commit violations of any laws and regulations involving the commission of crimes.
  11. Users must always avoid any conduct that could endanger 3warnings or its reputation. That is, to prioritize the interests of the owner of this platform over personal or other interests, since it is thanks to this platform that they can operate in the way that it allows.
  12. Users who perform the same or similar activities to those performed for 3warnings, in a professional manner, may continue to exercise it, always respecting the legal limits imposed.
  13. The User undertakes to keep the personal and confidential information to which he had access for the provision of the service in a way that guarantees its confidentiality and privacy, only using it for the purposes determined in the platforms. This obligation remains after the termination of the relationship between the User and 3warnings.
  14. Users may not be influenced or bribed by favors or attempt to influence third parties in an inappropriate manner.
  15. Transparency and honesty must be values assumed by all Users. Any suspicious attitude shall be reported to the project manager. In the event that the communicator has acted in bad faith, disciplinary and/or legal actions will be promoted as appropriate. Thus, for example, the suspension of the service of the User advertiser within the platforms for a period of two (2) months may be promoted, as well as, in the case of two infractions that violate the provisions of these conditions or the rest of the texts of the platforms, the expulsion of the same may be determined.
  16. Any User who has access to personal data of other users must respect the legislation, regulations and procedures established by 3warnings, especially the provisions of the regulations on data protection and electronic commerce.
  17. Users will be responsible for any action that involves a breach of regulations relating to intellectual or industrial property in the exercise of its provision, exonerating 3warnings of any responsibility in this regard.
  18. It is the responsibility of each User to ensure compliance with the provisions of this Code. This responsibility cannot be delegated. Any failure to comply with this Code may result in disciplinary action and, if appropriate, legal action.
  19. In the event that for the provision of the service a User must be aware of its tax and legal obligations, it will be the User who must carry it out, exonerating 3warnings from any responsibility in this regard.
  20. The User is solely responsible for the content of the messages and files that he sends through the app or that he provides for the creation of groups, etc.
  21. 3warnings will not be responsible for losses caused by the unauthorized use of your account, and the user himself may be responsible, that is, being liable for losses caused to 3warnings or other users, due to such misuse.
  22. The User understands that the content and messages received from other users through our platforms or directly from the users advertisers or NGOs published on our platforms, does not mean, in any way, that 3warnings shares the position of the issuer of such content, exonerating the owner of the platforms from any responsibility in this regard and the issuing user assumes the consequences of its action.
  23. Users understand that by using the 3warnings Service they will be exposed to User Content from a variety of sources, and that 3warnings is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such status submissions, and that such User Content is not the responsibility of 3warnings.
  24. Users understand and acknowledge that they may be exposed to User Content that is inaccurate, offensive, indecent or objectionable and agree to waive and hereby do waive any legal or equitable rights or remedies they have or may have against 3warnings with respect thereto, and agree to indemnify and hold 3warnings, its officers, directors, employees, agents, affiliates and/or licensors, harmless from any liability in this regard, assuming due responsibility, notwithstanding anything to the contrary under the law with respect to all matters relating to the use of the 3warnings service.

Responsibilities and duties for NGO users and advertisers

  1. The 3warnings Service allows NGO Users and Advertisers, to send text messages to their subscribers, also pictures and files. These actions generate automatic information sending to manage the sending of messages and files, among others. In this way, all this information sent and the automatic management information is considered ‘User Content’, and the sending User is responsible for ensuring that the content complies with these conditions, the legal texts of our platforms and the provisions of the law.
    By virtue of the above, these Users are solely responsible for the User Content itself and the consequences of publishing it. NGO Users and Advertisers understand that 3warnings acts as a mere data repository, so User Content does not necessarily represent the views or opinions of 3warnings and 3warnings does not guarantee the validity, accuracy or legal status of any User Content.
  2. In connection with User Content, Users identified in this section affirm, represent and/or warrant that (i) they have the necessary licenses, rights, consents and permissions to use such content. In this regard, they authorize 3warnings to use all patents, trademarks, trade secrets, copyrights and other proprietary rights in each and every User Content Submission to enable the inclusion and use of User Content in the manner contemplated by the Service in its Terms, in the manner that is accurate and always in compliance with the regulations, exempting, however, the owner of the platform from any responsibility for the infringement of rights and being responsible who published or issued the content; (ii) have the written consent, release of rights, or permission of each and every identifiable individual person in their User Content That is, by virtue of such permissions you may use the name (or similar name such as username) of each and every such person for inclusion and use of contact details in User Content submissions in the manner contemplated by the Service and in these Terms of Service.
  3. Users, by submitting User Content to 3warnings, expressly and hereby grant 3warnings a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, create derivative works from, and display such User Content.
  4. Also, by accepting our terms, both as set forth in this text and in the other legal policies, NGO Users or Advertisers grant permission for 3warnings to make User Content Submissions in connection with the 3warnings Service and its business, including without limitation the promotion and redistribution of part or all of the 3warnings Service (including derivative works) in any format and through any media channel.
  5. You also grant each recipient of your User Content submissions on the 3warnings Service a non-exclusive license to access your User Content through the Service and to modify, share or forward it.

Prohibited conduct for all Users

The User is expressly prohibited from engaging in the conduct described below:

  1. The User cannot register and use the Web and the App without having sufficient capacity to do so.
  2. It is forbidden to carry out acts or conduct that lead to double billing or fraudulent billing.
  3. The User may not create false identities, act on behalf of third parties without sufficient power or legitimacy and/or impersonate others, in the same way as the illegal use of data. In this sense, under no circumstances may the services of the platform be used to access or attempt to access the accounts of other Users; penetrate, or attempt to penetrate, the security measures of 3warnings, the software or physical equipment of another entity, the electronic communications system, or telecommunications system.
  4. The User may not misrepresent the truth, forge documents, signatures, or violate applicable laws, regulations or rules. In particular, the platforms may not be used for purposes related to child pornography, child abuse, mistreatment, animal abuse, abuse affecting minors, their relatives and/or third parties, nor may they transmit any content that is considered to be for adults, such as scenes of explicit sex, full nudity, etc.
    In particular, the NGO Users and Advertisers agree not to send messages and images to their subscribers that contain
    • Explicit sexual content, such as: depictions of sexual activities or sexually suggestive postures; promotional images of sex toys; promotion of user-generated explicit sexual content; content depicting, describing or encouraging bestiality; applications promoting services related to prostitution or offering sexual favours in exchange for some form of gratification.
    • Child sexual abuse.
    • Violence or dangerous activities, such as: graphic depictions or descriptions of actual violence, as well as violent threats to any person or animal; content of terrorist groups documenting their attacks; instructions to engage in violent activities, including the manufacture of weapons or explosives; instructions to commit suicide; applications promoting self-harm.
    • Threats, harassment, ridicule or abuse.
    • Promotion of hatred based on race or ethnic origin, religion, disability, sex, age, nationality, veteran status, sexual orientation or gender identity.
    • Content that seeks to benefit from sensitive events, such as a natural disaster, atrocity, conflict, death or other tragic event, or that treats these issues with a lack of reasonable sensitivity.
    • Gambling.
    • Content that facilitates or promotes illegal activities, such as: facilitating or encouraging the unauthorized purchase or sale of illegal drugs or prescription drugs; depicting or encouraging the use or sale of drugs, alcohol or tobacco to minors; instructions for growing or processing illegal drugs.
  5. The User may not violate the predetermined rules and processes for accessing and using the Websites and Apps or employ methods that could cause damage to the Websites and Apps or to the systems of third parties.
  6. In relation to User Content, users of this section agree and undertake that: (i) they will not send material protected by copyright, by commercial secret, or by other property rights, including rights of privacy and publicity, unless they are the owner of such rights or have permission from the legal owner to send the material and to grant 3warnings all the license rights granted in this text and the rest of the legal texts of the project that complement it; (ii) Not publish falsehoods or misrepresentations that could harm 3warnings or third parties; (iii) Not submit material that is unlawful, obscene, defamatory, threatening, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) Send advertisements, publicity, or solicitations of business; (v) Impersonate any other person or organization; (vi) Send or store material that contains software viruses, worms, Trojan horses, malware or other harmful computer code, files, scripts, agents or programs; (vii) Interfere with or disrupt the integrity or provision of the Service or the data contained therein; (viii) Attempt to gain unauthorized access to the Service or its related systems or networks
  7. Users shall not use 3warnings for mass mailing, automatic message delivery or similar purposes.
  8. Users will not use 3warnings for non-personal purposes beyond those contemplated by 3warnings for NGOs and advertising companies, unless authorized by us.
  9. It is not allowed to contact other Users for purposes other than those established in the legal texts governing the proper functioning of the platforms.
  10. Chain letters and/or unsolicited advertising may not be sent, unless you have the express consent of the recipient.
  11. You may not transmit any material that harasses another User and/or third parties.
  12. It is not allowed to transmit any kind of material (by e-mail, forums, comments) that threatens, encourages the realization of a damage or the corporal destruction of a property or person.
  13. You may not use the 3warnings platform to transmit any content that is considered adult or pornographic, such as explicit sex scenes or full nudity.
  14. It is not allowed to transmit the insertion of commercial messages or advertisements, without the compliance of legal requirements and/or that is considered spamming and/or to perform spamming behaviors, beyond the functionalities enabled in the project.
  15. It is forbidden to use material that infringes and/or affects the intellectual and industrial property rights of any other User and/or third parties (brands, commercial name, slogan, photographs, contents…). Above all, the User must avoid publishing all material that belongs to third parties and that is registered as intellectual and/or industrial property, without the proper authorization of its owner or having ensured, by using it, account or have the corresponding license to do so.
  16. Our platforms may not be used to collect, or attempt to collect, personal information about third parties without their knowledge or consent and/or without compliance with the European Data Protection Regulation 679/2016 of 27 April and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantees of digital rights.
  17. Under no circumstances may activities be carried out through or from our platforms that affect the capacity of people or systems, including denial of service (DOS) attacks against another main system on the network or individual User.
  18. It is prohibited to perform misleading activities with the purpose of having the recipient act on or from them, causing them harm.
  19. It is prohibited to perform any other action for illegal purposes and/or which is harmful or infringes the rights of third parties and/or 3warnings (including: right to honor, honor, integrity of the person, good name…) and/or constitutes a crime or criminal offense.
  20. Nor may platforms be used for the propagation of hate speech and/or prejudice against minorities, advocacy of crime and/or violation of human rights.
  21. Make 3warnings responsible for the content of third party messages or files.
  22. To hold 3warnings responsible for the content of third party websites, even if they have been reached using links from the 3warnings website or app, through advertisements.
  23. To hold 3warnings responsible for the third party advertisements that are shown in its app. You can contact 3warnings to notify the ads that are inappropriate, for 3warnings to review them, and if necessary, remove them or notify the advertiser to modify them
  24. Hold 3warnings responsible for the content of messages or files sent by NGOs and Advertisers to their subscribers.
  25. Access, copy, adapt, modify, create derivative works from our services, or distribute, license, sublicense, transfer, display, perform or exploit our Services in unauthorized ways, or in ways that affect, harm or injure us, our Services, our systems, our users or others.
  26. Reverse engineer, alter, modify, create derivative works from, decompile or extract code from our software
  27. Interfere with or affect the protection, security or performance of our systems or Services.
  28. Create accounts, by automated or unauthorised means, for our Services
  29. Obtain information, in any inadmissible or unauthorised manner, about our users.
  30. Sell, resell, rent or charge for our Services in an unauthorized manner.
  31. Distribute our Services on a network where they could be used on multiple devices at once, except by means of tools that we expressly provide on our Services
  32. Create software or APIs, which function similarly to our Services and offer them without 3warnings’ permission to third parties.

Rights of all Users

  1. Users can raise any doubt, complaint or claim, both related to the operation of the application or the website, from a technical and operational point of view, as well as problems that may arise with respect to the rest of the Users.
  2. In the event that a doubt arises regarding the services offered, the User may calmly contact the person responsible for the platform and he will respond in the most operative and appropriate manner possible, informing the User of the options available to him or the possible solutions to the doubts raised.
  3. The people in charge of the Web and Application commit themselves to attend the Users in the requests, suggestions, doubts or complaints that the users have, following the procedures of contact or presentation of requests or complaints established in the set of our legal policies.

Rights of 3warnings

  1. 3warnings, at its sole discretion, may suspend access or terminate access to the Web site, immediately and without prior notice, to the User who does not behave as required by this code of conduct.
  2. 3warnings has the right to modify the contents of its platforms and services to improve them and adjust them to market rules, technological innovations or as required by law, and may also modify the legal conditions of its platforms to update them based on market guidelines or regulation. In the event that an update is made, the user will be informed as far as possible and with sufficient notice, whenever possible, and no new conditions will be applied to users unless they expressly accept it.
  3. 3warnings reserves the right to admit organizations operating in countries identified as being at risk due to their special links to the financing of terrorism or money laundering, in addition to any other situation that infringes human rights, unless the NGO has a proven good reputation and follows international transparency criteria in those countries.
  4. Adult content must be identified as such. In any case, 3warnings does not endorse any user content or any opinion, recommendation or advice expressed therein and expressly disclaims any responsibility for user content.
  5. 3warnings reserves the right to cancel a user’s access to the service, for any reason or no reason, without prior notice and at its sole discretion, when it detects that some kind of legal or administrative infraction has been committed, nevertheless notifying the affected user of this situation.

Limits to the provision of the service

  1. 3warnings’ services may not be distributed or used in countries where legislation does not allow their use or installation because it is a violation of national or local laws, as well as when it involves submitting to certain regulations that are not optimal or proportional to the project’s business model. 3warnings reserves the right to limit the provision of services in these cases.

  2. Users who use the 3warnings platform will be subject to compliance with all laws affecting them related to export control and trade sanctions of the United States and other related countries, when applicable.

In this regard, Users shall not export, re-export, provide or otherwise transfer, either directly or indirectly, our Services: (a) to a person, entity or country prohibited by the Export Laws; (b) to any person on a United States Government or other country’s restricted parts list; or (c) for any purpose prohibited by the Export Laws, including nuclear, chemical or biological weapons, or missile technology applications, without the necessary government authorizations.

Users shall not use or download our Services if they are in a restricted country, if they are currently on the United States or any other country’s restricted parts list, or if they intend to achieve any purpose prohibited under the Export Laws. Nor will you conceal your location by using IP proxies or other methods.