* April 2020 version

GENERAL INFORMATION

Who’s behind this website?

Behind this Web Page with domain www.3warnings.com, from now on “3warnings” or “the Platform”, is DANIEL MUÑOZ GIL, whose data, for anything you need, are provided below:

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

Website description and purpose

This Platform aims to present 3warnings and the services it offers. It is a mobile instant messaging application, the benefits of which will go, for the most part, to NGOs, as described in our platform.

With this Notice we want to inform the User about who is behind this platform, as well as to let him/her know the kind of information we collect and why we need it. Together with this text, we have arranged other legal texts, like the Privacy Policy and the Cookies Policy.

How to contact the person in charge of this platform?

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

RULES OF OPERATION

How does this website work?

You can visit our platform whenever you want and completely free of charge, as well as enjoy the services or information we offer on it.

Types of users in our Platform

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

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

c) Information requestor: is the person who contacts through any of the authorized means to request information about the application.

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

e) Visitor: is the person who simply browses the Website.

What confidentiality rules do we apply?

When the User navigates through our Platform we may collect his/her data in accordance with our privacy policy. However, if, as a User, for any reason, you access information relating 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 this information.

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

Which terms of use apply?

General

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

As a User, when accessing this platform, you assume the risks that may occur at your own risk. In this way, you must be responsible for the use of suitable means to avoid controllable risks that affect you.

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

In addition to these conditions of use, you must at all times respect the rest of the rules of this Website, as they regulate all the rights and duties of Users for better protection of them, the protection of our Platform and, therefore, also our business.

Rights of the User

As a User, you have the right to navigate the Platform subject to the rules established in the notices applicable to it.

As a User, you have the right to exert your data protection rights, following the procedures established in our platform.

You have the right to have your information treated with respect and maximum privacy, for which we have established 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 on this Website 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 Platform, 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 Platform and any of the professionals or collaborators that work with or for it is prohibited.

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

Rights of the owner

The holder of this Platform has the right to process the User’s data in accordance with the provisions of these notices and the corresponding privacy policy, using this information to deal with their queries, and may take all appropriate measures under the law to provide the service effectively.

CONTENT POLICY, INTELLECTUAL AND INDUSTRIAL PROPERTY

Type of contents of our Platform

Intellectual property policy

  • Our intellectual property policy is applicable to the entire Platform, as well as to the content and materials disseminated through it.

  • The User expressly recognizes, and to all effects, 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 Platform, are subject to the industrial and intellectual property rights of 3warnings or third party owners who have duly authorized their inclusion in the Web Page, so they are not granted any rights over them, except those expressly recognized.

  • Users who access the Platform may view the information contained and make private downloads or 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, regarding the elements and content indicated above, including the computer codes of any of the elements of this Platform.

  • The User who proceeds to send any type of content to our platform, ensures that it has the necessary rights to do so, being exempt 3warnings of any responsibility for 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 the right to modify the content introduced so that it is appropriate and compatible with the technical and aesthetic characteristics of the platform.

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

User limits regarding access and use of our contents

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 Platform without the written consent of the respective owner.

  • Nor may links be made to this Platform without the consent of the 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 our contents on the Website, you may contact us by any of the means indicated at the beginning of this Notice.

Authorizations or permissions

As a User, you may view the elements of the Platform and even print them, copy them and store them on the hard disk of your device or on any other physical support, provided that this is solely and exclusively for personal and private use. Therefore, their use for commercial purposes, their distribution, as well as their modification, alteration or decompilation is prohibited.

However, as an exception to the previous point, we allow you as a User to share anything related to the Web Page through social networks, with the actions “tweet, retweet, share, blog” or similar, as long as our ownership or the mention of the corresponding persons is respected.

(1)

Those persons or companies who intend to establish a hyperlink between their website and this one (hereinafter referred to as the hyperlink), must comply with the following conditions:

  • The hyperlink will only allow access to the home page of the Website, but may not reproduce it in any way.

  • A frame will not be created on the pages of the Platform.

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

  • It will not be stated or implied that 3warnings has authorized the hyperlink or has supervised or assumed in any way the services offered or made available from the website 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 Platform and its design

The owner of this Platform 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 Users is not permitted, and Users shall be responsible for any fraudulent use or use to the detriment of the rights of the holder of the Platform, or of third parties.

Under no circumstances may the User extract, manipulate, copy, compile or decompile any element that makes up the Platform, for purposes that are alien to it or that escape from the object of what is offered on the Platform, and the User may take legal action if any action is detected against it 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 Platform

Access to our Platform will be the exclusive responsibility of the User, both in terms of the form of access and the information provided, as well as the security with which he or she navigates through it.

For its part, the owner of the Web is committed to making 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 platform, caused by causes unconnected with our business, by viruses or computer insecurity caused by third parties, or by the illegal and disrespectful actions of Users.

3warnings does not guarantee the availability, continuity or infallibility of the operation of the platform 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 damage that may cause the visiting user to access the contents of the Platform. 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 on our Platform, or the information that indexes it 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 on our Platform, 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 on the platform or other content that can be accessed through it.

Responsibility in relation to service failures

In general, neither the platform nor its owner is liable for technical errors in the platform and/or failure to provide the 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 PLATFORM

3warnings will keep the Web Page operational throughout the year, 24 hours a day, as long as 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 Platform, he must notify it by contacting the e-mail indicated at the beginning of this 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 through this Platform, and with a reasonable advance, of the changes that are going to take place in our policies, indicating when it is expected to start having full effect.

REGULATIONS APPLICABLE TO THIS PLATFORM

All our legal texts and policies associated with this platform 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 Website 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 platform. In no case, the conditions set forth herein must necessarily be related to 3warnings’ policies with regard to the provision of services themselves, as well as to the manner in which these are provided by the holder.

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 with the rest of the legal policies established in our Platform, already commented throughout this notice, such as the Privacy Policy and the Cookies Policy, 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.