TERMS OF USE

We welcome you to the application for mobile devices Passport (hereinafter, the “Application”). The application can be used to help clients gather information about their trips, as well as opinions on issues and experiences related to travel, it is an inspirational source for future trips developing a travel community where everyone shares their experiences. However, the Application can not serve any other purpose. The terms “we”, “us”, “our” and “Passport” refer to the Application, while the terms “you”, and “User” refer to the client who uses the Application and / or who contributes with content into it.

 

This Application is offered on the condition that you accept  without any modification of all the terms and conditions set out below (the “Terms and Conditions”). By accepting these Terms and Conditions, you are subject to, and you declare that you have read and understood its terms. For this reason we recommend you to read all the terms and conditions,  as they contain information related to your legal rights, as well as limitations, we also advise on the legislation and jurisdiction that will be applicable in case of conflicts. In this way, if you do not accept these Terms and Conditions, you are not authorized to use the Application.

 

These Terms and Conditions may be modified in the future, so that you understand and accept that access to the Application and its continue use after significant changes means the acceptance of the modified Terms and Conditions. At the bottom of the document we will show the date in which the last term and condition revision took place, and all the revisions will take place immediately after the publication. In any case, we will notify all the important changes that are made in the Terms and Conditions by  sending of a notice to the email address that you have provided to us at the time of the registration. Make sure to periodically check the Terms and Conditions to be aware of its most current version.

 

  1. TERMS AND CONDITIONS

 

1.1 Object

 

These terms and conditions of use (the “Terms and Conditions”) regulate the access and use of the Application, as well as the contents that you can upload in it. Likewise, these Terms of Use, together with the Privacy Policy, establish the terms and conditions governing the Application.

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Information Services and Electronic Commerce,  we indicate the following identifying data of the holder of the Application: PASSPORTER TECHNOLOGIES, SL, is a mercantile company of Spanish nationality, whose registered office is in Valencia, Doctor Gil y Morte street, number 22, door 12, CP 46007, is registered in the Mercantile Registry of Valencia, in Volume 10169, Folio 171, Page number V-172373 and is provided with N.I.F. B-98846298.

 

Likewise, the Terms and Conditions constitute a contract subscribed by the User and Passporter in relation to the Application, and supersedes any other contracts or prior agreements between said parties, whether verbal or written.

 

1.2  Obligations of the User

 

As an indispensable condition to use the present Application, you guarantee that:

 

(i) All the information you have provided in the Application is true, accurate, current and complete;

 

(ii) If you have registered in the Application, you will protect the information in your account, supervising and being totally responsible for any use of the account made by a person other than you;

 

(iii) You have more than fourteen (14) years to register an account and participate in our Application;

 

(iv) You have the legal capacity to accept these Terms and Conditions and use the Application in accordance with these Terms and Conditions;

 

(v) You are responsible for the activities that are carried out through your account and you agree not to sell, transfer, grant licenses or assign your account, followers, name of and user or the rights of your account. With the exception of those companies or persons that are expressly authorized to create accounts on behalf of their employers or customers, Passporter prohibits the creation of an account for anyone other than yourself and you agree not to create it. Likewise, you state that all the information you provided at the time of registration, as well as at any other time, is true, accurate, current and complete, and you agree to update your information as necessary to maintain its veracity and accuracy;

 

(vi) You agree not to request, collect or use the login credentials of other users of the Application.

 

(vii) You are solely responsible for not uploading Memories of private places or where there is restriction of any kind related to the reproduction of  those images;

 

(viii)You are solely responsible for not uploading any memory in which a third party appears if you do not have the express consent of this person for publication and use by Passporter, in accordance with these Terms and Conditions;

 

(ix) You agree that under no circumstances you will defame, harass, intimidate, abuse, harass, threaten or pose as a person or entity, nor publish confidential or private information through the Application, including, without limitation, information related to the credit card,  social security or national identity document numbers, telephone numbers or private email addresses that belong to you or another person;

 

(x) You will not use the Application for any purpose that is unauthorized or illegal. Thus, you agree to comply with all laws, rules and regulations (for example, state, local and provincial) that may be applicable to the Application, including, without limitation, copyright laws.

 

(xi)You are solely responsible for your conduct and data, texts, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, authorship work, applications, links and any other type of content or materials that you send, post or show in the Application.

 

(xii) You must not change, modify, adapt or alter the Application, or change, modify or alter another website so that it is wrongly inferred that it is associated with the Application or Passporter.

 

(xiii) You should not send emails, comments, indications that you like something or other unwanted commercial or intimidating media (ie, “spam”) to any user of the Application.

 

(xiv) You must not harm or interfere in the Application or servers or networks connected to the Application, including the transmission of worms, viruses, spyware, malicious software or any other code of a destructive or harmful nature. You may not insert content or code, or alter or interfere with the manner in which any Passporter page is displayed or displayed in a browser or device of the User.

 

(xv)You must not create accounts in the Application through unauthorized means, including without limitation, the use of automated devices, scripts, robots, trackers, spiders or scrapers.

 

(xvi) You must not try to restrict the use or enjoyment of the Application to another User, or encourage or facilitate the infractions of these Terms and Conditions.

 

(xvii) The violation of these Terms and Conditions may result in the closure of your account in the Application, which is at our sole discretion. You understand and agree that Passporter will not be responsible for the content published in the Application and will use the Application at your own risk. If you infringe the essence or spirit of the Terms and Conditions, or otherwise cause the risk that we may be legally exposed, we may stop providing all or part of the service we offer.

 

(xviii) You are solely responsible for the interaction you establish with other Users of the Application. You agree that Passporter is not responsible for the conduct of Users. Although we are not obligated, we reserve the right to monitor or involve ourselves in conflicts that may arise with other users. However, act with common sense and use your best judgment when interacting with other users, even when you share your Memories or share any type of personal or other information. It is prohibited the tracking, scraping, caching or access to any content in the Application through automated means, including without limitation, User profiles and photos (except if they may be the result of standard search engine protocols or of technologies used by a search engine with the express consent of Passporter).

 

(xix) In the event that you open an account in your own name or a third party that has authorized you, both authorize to defend (at the request of Passporter), indemnify and prevent Users of the Application from suffering damages caused or derived from the lawsuits, liabilities, losses and expenses, including without limitation, attorneys’ fees and reasonable costs, derived from any of the following assumptions or related to them in some way (including as a consequence of the direct activities of the Application or the ones you have made in your account): (i) the content of your property or the access or use you make of the Application; (ii) the breach or alleged breach by you of these Terms and Conditions; (iii) the infringement by you over the right of a third party, including without limitation, the rights of property or privacy; (iv) your violation of any law, rule, regulation, code, statute, ordinance or request of any governmental or quasi-governmental authority, including without limitation, all regulatory, administrative and legislative authorities, or (v) any false statement made by you. You will cooperate to the extent that Passporter requires, in order to defend any claim. Passporter reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification on your part and, under no circumstances, will you file any claim without the prior written consent of Passporter.

 

1.3 Reservation of rights

 

Passporter reserves the right to modify or terminate the services offered through the Application or access to it at any time, without prior notice, at any time and with no liability to you. You can deactivate your account at any time. If we stop offering access to the Application or deactivate your account, then the photos, videos, comments, indicators that something you like, contacts and all other data will not be accessible through your account (for example , Users cannot access  to your Passport or see your user name and images, but that materials and data can be retained and appear in the Application (for example, if other users have shared your memories).

 

We reserve the right not to allow access to the Application of any person, for whatever reason and at any time.

 

We reserve the right to obligate to confiscate any username for whatever reason.

 

Although we are not obligated, we may delete, edit, block and / or monitor the Memories uploaded to the Application or the accounts that are opened, always that we determine, at our entire choice, that they violate the Terms and Conditions.

 

The User of the Application, for his part, will not incur any charge for the use of the same according to the names of Terms and Conditions.

 

1.4. Limitation of liability

 

Passporter does not knowingly collect information from any person who is less than fourteen (14) years old. However, we reserve the right, in our sole discretion, to deny any person access to the Application and the services we offer, at any time and for any reason, including, among others, the breach of the Terms and Conditions.

Passporter is not responsible in any case for the Memories that you upload and that contain private places or with restrictions of any kind related to the reproduction of images.

 

Likewise, Passporter is not responsible in any case for the memories that you upload in which third parties appear, if you do not have the consent of these users for publication and use by Passporter, in accordance with these Terms and Conditions.

 

Passporter will not be responsible for economic losses (including loss of income, data, benefits, contracts, business or savings); or loss of image or reputation; or indirect losses.

 

1.5  Intellectual and industrial property

 

By using our services, you accept and acknowledge that all intellectual and industrial property rights – including trademarks, inventions and copyrights – over all materials and content made available to you when you use this website and application are owned by us or by third parties that have authorized or licensed this use. You can only use these materials in the context of the contracted services and / or with the prior express consent of us or the corresponding holders

 

1.6 Terms of use of the Application

 

The purpose of Passporter and its Application is to create a social network in which users can share their experiences related to tourism, by publishing multimedia content related to the trips they wish to make, carry out or have made, the creation of a community of travelers (the “Community Passporter”). For this, it is possible to distinguish five (5) phases:

 

1.Registration phase:

 

(i)Personal account

 

If you wish to use the Application, you must register it on the same page through the form created for that purpose, for which you may follow the instructions indicated therein and indicate the required information (the “Registration Form”). Specifically, the data required in the Registration Form are: the email, a username, a password, as well as a unique identification profile image.

 

You are solely responsible for selecting a password with an adequate level of security. In order that, as requested, choose a password that becomes hard to decipher by a third party. If you suspect that your password has been known by a third party, you should proceed immediately to its modification.

 

Registration in the Application may its available, either through the Google+ API,  through the Facebook API and through manual form, once registered, you will be the holder of a personal account called “Passport”, in which the activity is carried out under the terms that will be described later.

This procedure, the accessory access to your personal account, and through the same account you have access to all the services provided by Passporter as well as its Community.

 

You are solely responsible for maintaining the confidentiality of your password, committing yourself for your security and not offering your data to third parties.

 

In the event that you detect that your account has been supplanted by a third party, you must inform Passporter´s team as soon as possible, in order to adopt the relevant measures.

 

The fraudulent use of a personal account by the User or a third party will mean the loss of the right to continue using the features of the Application

 

(ii) Creation of the user profile

 

The elaboration of your profile should be according to the content and thematic of the purpose of the Application. For this reason, we will delete those profiles that contain:

 

  • Images or language of a violent nature;
  • Language or suggestions of a sexual nature;
  • Defamatory, discriminatory, abusive, aggressive and / or violent content; Y
  • Offensive and / or obscene language.

 

Passporter may immediately suspend or cancel an account that violates any of the conditions mentioned in these Terms and Conditions, without prior notice.

 

Passporter will allow you, through a search engine, to search for travel destinations that will be identified by the tags or hashtags used by Users who have uploaded their photos and videos related to a specific trip (the “Memories”).

 

You can control how your Memories are shared through the privacy settings. Further:

 

  • In relation to intellectual property rights over texts, images or videos uploaded to the Application, you specifically grant us a non-exclusive, transferable, worldwide license, with unlimited duration, to use, communicate, publish, disseminate or modify such contents.

 

  • When you publish a memory in the Application, it may be accessible to everyone, not only to the Users of the same, but to any person, even if it is alien to the Application.

 

Regarding such Memories, they will be filtered and classified by Passporter showing them in the Passporter Community (as this term is defined below), taking into account the quality of the content.

 

(iii) Services offered by Passporter

 

In order that access to the Application is fun and safe, we present below the services we offer, as well as the essential conditions that you must respect for the benefit of the entire Passporter Community. Thus, the membership of the Passporter Community allows you to access the following services:

 

  • Discover destinations around the world through the recommendations and opinions introduced by other Users;

 

  • Enter in your Passport those destinations that you have visited or plan to visit, indicating your opinions and recommendations, places to sleep, eat, have fun, relax or be inspired, uploading the Daily Memories to it;

 

  • Comment and react to the photos and videos of other Users.

 

  1. Travel phase:

 

During this phase, you can create a next destination in your Passport, entering in it the date of the trip, which may be in real time or enter a previous date.

 

Once the destination is created, you can add travel companions in it, either by entering the username of those colleagues who are already registered, or by inviting them through an email in which a link to the App store is automatically recorded, for the download of the Application.

 

You can hang a maximum of twenty-five (26) Memories in total per day in your Passport. In relation to such Memories you can carry out the following actions:

 

  • Indicate the location of the Memory, either by geolocating it through metadata, if this option is activated on your device, or by manually entering the location.

 

  • Optionally, you can enter in two hundred and twenty (220) characters a brief description regarding each Uploaded Memory, leaving this description visible to the entire Passporter Community.

 

  • Introduce tags or hagstags in the photos so that they reach a greater number of users and the activity in which each trip is defined.

 

  • Edit and order each of the daily Memories prior to its final publication.

 

Likewise, the Application will generate a daily map in which the indicators of all the Memories of the specific destination will be included, being grouped in a daily “Board”. The purpose of this Board will be that you can share and store it, being this way accessible to the Community Passporter, and can also share your Board in other social networks.

On the other hand, regarding the Memories uploaded by other Users you can develop the following actions:

 

  • Click on the button “Love” (I like) to indicate that you like the Memories uploaded by a User regarding a full day.

 

  • Leave a comment on the board corresponding to the day.

 

  • Save all the Memories uploaded by other Users in a day, creating a new destination folder.

 

  1. Passport Phase

 

As we have indicated previously, when accessing the Application, you will create a profile in which you will include a profile image. You can edit, delete or replace that image at any time.

 

In relation to your Passport:

 

(i) It will indicate a series of numerical values ​​that will show your activity within the Passporter Community, related to:

 

  • Subscriptions to destinations and users.
  • Number of Memories other Users that have saved of your experiences
  • Subscriptions of other Users to your Passport.
  • Number of destinations visited around the world.

 

(ii) Your Passport can also indicate if you are currently traveling. This will be done through the activation of the “currently visiting” section, which may be done in real time or later, at your option.

 

(iii) Your Passport will be divided into two sections:

 

  • Section I: “Last Experiences”. In this section the trips you have made and finished with your Memories will be shown. Regarding this section, you will be able to:

 

  • Community activity on each day and destination;
  • Comment each photo or Board belonging to other Users;
  • Click on the Love button regarding each photo or Board;
  • Save a photo or a complete Board of another User;
  • Share a photo or Board in social networks.

 

  • Section II: “Next Travels”. In this section, the Memories of other Users that have been saved in your Passport are accumulated, being in any case the User mentioned as the creator of such Memories. This section of the Passport will allow you to create a personal map following the recommendations of other Users in order to organize a future trip.

 

(iv) Inside your Passport you can:

 

  • Delete any trip, both already made and next destination.
  • Report the content of the photos and videos of other Users whose content is inappropriate.

 

  1. Notification phase:

 

Passporter will send you the following notifications:

 

(i)Subscription notifications related to:

  • New Users subscribed to your Passport; Y
  • Users to which you are subscribed, who subscribe to a new destination.

 

(ii) Love notifications received per day, with an indication of the Users who gave you Love and the day.

(iii) Notifications regarding the comments received, including to the User and the day in which that comment was made.

(iv) Notifications related to your Memories that other users have saved in the Passport

(v) Notifications regarding the Users to which you are subscribed and who have started a trip, including the User and the trip in question.

 

  1. Community Passporter Phase:

 

Passporter will show you Memories of other Users as suggestions, attending to your subscriptions. In any case, the Memories will be shown indicating the User from which they come.

 

Legislation

 

These terms of use are governed by Spanish law.

 

  1. PRIVACY POLICY

 

  1. Who is responsible for the processing of your data?
  2. What is the purpose of processing your data?
  3. How long will we keep your data?
  4. What is the legitimacy for the treatment of your data?
  5. Is your data communicated to other recipients?
  6. What are your rights when you provide us with your information?
  7. How can you make use your rights?
  8. What can you do if your rights have not been catered?
  9. Links to other websites

 

From PASSPORTER we are committed in defending the rights of personal data protection  of our customers and contacts therefore we publish this information, in order to inform properly:

Of your rights and use of this website BEFORE providing the data;

Of the measures that guarantee the protection and integrity of the data;

So that the consent prior to the submission of data on your part may be duly substantiated

 

All this fulfilling with all the obligations legally provided in the Organic Law 15/1999, of December 13, of Data Protection (LOPD), in its Development Regulation 1720/2007, of December 21 and in the European Regulation of Data Protection (RGPD), as well as all Spanish and European regulations applicable to this matter.

 

Therefore, any user who wants information, must necessarily mark the option, read and accepted the website’s privacy policy, the legal warning and the cookies policy.

 

1.- Who is responsible for the processing of your data?

 

Corporate Identity PASSPORTER TECHNOLOGIES B-98846298
Mailing Address Calle Doctor Gil y Morte 22-12 (46007) Valencia
Phone +34 609830711
Email info@passporterapp.com

 

  1. What data do we collect and what is the purpose of the treatment?

 

  • Identifying data in the application (name, email, user, password) Its purpose is to identify you in the application and be a member of PASSPORTER. The user and password is a basic security measure so that a third party does not usurp your identity in the application. We can also request that you to provide us with permission to send you newsletters or news related to the application and the PASSPORTER community. In this case we would ask for your express consent to do so.
  • Location data provided by the user of the application: The purpose is to better describe the trip you are doing and the places you visit, so that other members of the community can know or even take it as a possible route for future travels. You will be the one to tell us where you are and you will link through the Google Maps application to locate your situation or route whenever you want.
  • Images that users decide to share with the community, either directly obtained at that moment or that the user extracts from his mobile phone gallery.
  • Comments and contributions that users can hang on the application and that may involve personal data for the content they provide.
  • Optionally, you may request to receive periodic information related to the PASSPORTER community via NEWSLETTER

 

Once collected, your data becomes part of a treatment to which the corresponding security measures are applied.

 

  1. How long will we keep your data?

 

The personal data collected through the PASSPORTER APP will be kept for the duration of your relationship with our community. Once the relationship has finished they will be blocked only in order to comply with the possible legal obligations.

 

  1. What is the legitimacy for the treatment of your data?

 

Legally we can treat the data we request from you once you´ve given us your consent to do so. This happens when you have expressly stated your consent by activating the box I have read and accept.

 

  1. Is your data communicated to other recipients?

 

The data that you enter in the web will not be communicated to other entities, except for legal imperative or to be able to give fulfillment to the object for which they were facilitated.

 

The PASSPORTER app has integrated Google maps so that the PASSPORTER community can know your route and follow it, if it is of their interest. In this case, the geolocation data is managed by Google maps. Google has a privacy settings control service where you can define different settings. We attach the link to your privacy settings panel https://privacy.google.com/intl/es-419/take-control.html

 

The terms of the Google Maps service can be found here: https://www.google.com/intl/es/help/terms_maps.html

 

Facebook and Google+:

As a user you can login using the Facebook and Google+ APIs

This implies that certain data of your profile can be provided to PASSPORTER in these networks, such as the public profile (mandatory), the friend list (optional) or the email. The social network application itself has to allow you to configure privacy settings.

 

The data collected through the app are hosted on servers of Amazon Web Services, a US company that adheres to the Privacy Shield agreement. The servers are located in Ireland.

You can consult its privacy policy at: https://aws.amazon.com/en/privacy/

 

  1. What rights do you have when you provide us with your information?

 

They are the following:

 

Right of information You have the right to be informed clearly BEFORE your data is collected about what data is being treated, with what purpose they are treated, where they have obtained the data and if they are going to communicate it or have communicated it to someone.
Right of access to know which of your data is being treated, for what purpose, where they have obtained the data and if they are going to communicate it or have communicated it to someone
Right of rectification to modify your inaccurate or incomplete data
Right of cancellation to cancel your inadequate or excessive data
Right of opposition to prevent your data from being treated or to stop being treated, only in the cases established by law
Right  of treatment limitation to request the non-use of data treatment in the cases established by law
Right to data portability to be able to receive your data provided in a structured electronic format for normal use and in order to be able to transmit them to the person in charge.
Right not to be the subject of individualized decisions in order to not make a decision about you that produces legal effects or affects you based only on the treatment of your data

 

  1. How can you make use your rights?

 

To exercise any of your rights you must request it to the email including:

 

1.- Photocopy of the ID Number (passport or other identity document) or electronic signature.

2.- Content of the request you make and, if necessary, the documents that prove it.

3.- Address (for notification purposes), date and signature

 

If you exercise your rights by a voluntarily appointed representative, you must provide the document or electronic instrument that proves the representation.

 

In the event that the owner of the data is a under-age or disabled, the rights will be exercised by their duly accredited legal representative.

 

  1. What can you do if your rights have not been catered?

 

In case you consider that we have not satisfied your request, you can submit a claim to the Spanish Agency for Data Protection in the section of its website: https://sedeagpd.gob.es/sede-electronica-web/vistas/formReclamacionDerechos /reclamation.Rights.jsf

 

  1. Links to other websites

 

This privacy policy only applies to personal data collected through our website, but this website contains links to other websites so the Center is not responsible for the privacy practices of these other websites.

That is, when you click on one of these links you are leaving our website, so you should read the privacy policies of those other websites that collect personal data.

 

If you want more information, the Spanish Agency for Data Protection has published a citizen’s guide, you can access it at:

http://www.agpd.es/portalwebAGPD/canaldocumentacion/publicaciones/common/Guias/GUIA_CIUDADANO.pdf