1. Owner of the domain WWW.KIDSANDUS.FR and the App
In accordance with the provisions of Spanish Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce (hereinafter LSSICE), USERS of this WEBSITE are informed that this domain belongs to:
Owner: KIDS&US ENGLISH, S.L.
Avda. Tudela, 12.
08242 de Manresa, Barcelona (Spain)
Tel: +34 93 875 33 45
Registered in the Trade Register of Barcelona, Volume 39,900, Folio 16, Page B-355982, Tax Identification Number B-64622087.
Access to and use of the WEBSITE and the App confer the status of user of the WEBSITE and the App (hereinafter, “USER”) and entails the acceptance of all the conditions included in this Legal Notice, as well as its modifications and updates to the information contained on the WEBSITE and the App(s), the settings and presentation thereof and the access terms given that KIDS&US ENGLISH, S.L. (hereinafter, KIDS&US) reserves the right to carry them out, at any time and without the need for prior notice.
2. Intellectual and Industrial Property
All content on the WEBSITE and App(s)—by way of example, but not limited to: texts, photographs, charts, videos, images, icons, technology, software, links and other audio-visual or sound content, as well as their graphic design and source codes—is owned by KIDS&US, which, as applicable, has the right to use and exploit them. They are considered works protected by the applicable legislation in force at any time on matters of national and international intellectual and industrial property, as a result of which none of the exploitation rights recognised by current intellectual property law concerning them may be regarded as having been assigned to the USERS.
Therefore, upon the basis of intellectual property law and the provisions thereof in force at any time, the total or partial exploitation of any of the contents appearing on the WEBSITE and the App(s) is strictly prohibited, as is the copying, reproduction, adaptation, modification or transformation of the contents of the WEBSITE and App(s) and, when applicable, the distribution and public disclosure of the CONTENT, including the modality of making all or part of them available for commercial purposes, in any format and by any technical means, without the express written authorisation of KIDS&US.
The brands, commercial names and distinguishing signs are owned by KIDS&US, in the understanding that access to the WEBSITE and the App(s) does not attribute any rights to said brands, commercial names and/or distinguishing signs.
Therefore, USERS’ mere access to the WEBSITE and App(s) implies their agreement to respect the intellectual and industrial property rights owned by KIDS&US.
3. Hyperlinks and/or Links
The content existing on the WEBSITE may include links to other websites managed by third parties, in order to facilitate USERS’ access to information exchangeable on the Internet.
KIDS&US does not endorse the existence of links between these third parties and sites foreign to KIDS&US. The links present on the WEBSITE are for informative purposes with regard to the USER. In no case shall KIDS&US be held responsible for the content thereof, nor does it give any guarantee as to the services and information offered when the USER consults these links. As a result, KIDS&US will not be liable for damages relating to illegitimacy, poor quality, lack of updates, unavailability, error and uselessness of the content located or offered on these third-party links, or damage that would be linked to them.
KIDS&US does not accept any liability with regard to the services and/or information offered on third-party sites whose links appear on its WEBSITE. It warns the USER, if he/she considers that a linked WEBSITE includes illicit or inappropriate content, that the possibility of communicating it to KIDS&US by email is available.
Finally, the introduction of hyperlinks for advertising, commercial or association purposes from foreign sites to KIDS&US allowing access to the KIDS&US WEBSITE, without its consent and express authorisation is prohibited. In the case of authorisation from KIDS&US, conditions for the introduction of links from third-party sites and to the KIDS&US WEBSITE will be established.
4.1 General conditions
USERS acknowledge and accept that access to and use of the WEBSITE and App(s) is free and voluntary and is performed under their sole liability.
Therefore, USERS undertake to use the WEBSITE and App(s) in a proper and lawful manner in accordance with the law, this Legal Notice and good faith and public order, refraining from using the WEBSITE and App(s) in any manner which may prevent, damage or impair their normal functioning or the assets, rights and interests of KIDS&US, its suppliers, other USERS or, in general, any third party, or which, in any way, may overload, damage or disable the networks, servers and other hardware and software products and applications of KIDS&US or third parties, as a result of which the USERS will be liable to KIDS&US or third parties for any damages which may be caused as a result of a breach of said obligations.
During the use of the WEBSITE and the App(s) by the USER, the following actions—by way of example but not limited to—will also be prohibited and may be modified:
Using computer viruses or any file or program designed to interrupt, damage or limit the functioning of the WEBSITE or the App(s), any of the services or networks of KIDS&US or any software, hardware or telecommunications equipment, or damaging or gaining unauthorised access to data or other information belonging to KIDS&US or any third party.
Usurping identities, interfering with or interrupting the service, servers or networks connected to the services or breaching any of the requirements or regulations of the networks connected to the services.
Using false identities and impersonating others in the use of the WEBSITE or any of its services, as well as the use of passwords and access keys of third parties, or in any other manner.
Falsifying or altering any KIDS&US information.
Entering, storing or disclosing, on or via the WEBSITE, any information contrary to the law, standards, customs and public order, as well as any material which may be defamatory, offensive, obscene, threatening, xenophobic, an incitement to violence, discriminatory on the grounds of race, gender, ideology, religion or which, in any way, infringes upon morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties or, in general, the current legislation.
Conducting advertising or commercial activities via the WEBSITE or using the contents and information to forward advertising or send messages for any other commercial purpose or to collect or store personal third-party data.
Collaborating with a third party to perform any of the conducts indicated above.
This statement is merely an example and is not limiting in nature.
4.2 Special prohibitions
The following are prohibited:
Reproducing, in any way, even by means of a hyper-link, the WEBSITE and App(s) of KIDS&US or any of their contents without the express written authorisation of KIDS&US.
Suppressing, evading or manipulating the copyright and other identifying data of the rights of its owners incorporated into the contents, nor the technical protective devices, nor any of the information mechanisms contained in the contents.
Altering, reprogramming, modifying, adapting or translating the source code of this WEBSITE or the App(s).
Any partial or total reproduction of the source code of the WEBSITE or the App(s) in any format will be regarded as an unauthorised copy.garded as an unauthorized copy.
Reproducing or copying, for private use, any contents which may be regarded as software or a database, in accordance with the current legislation in matters of intellectual property, as well as their public disclosure or delivery to third parties, when such acts necessarily involve their reproduction by the USER or a third party.
Introducing, storing or divulging, via the WEBSITE, any content which infringes intellectual and industrial property rights, trade secrets of third parties or, in general, any content for which, in accordance with the law, there is no right to make it available to third parties.
Collaborating with a third party to perform any of the conducts indicated above.
5. Disclaimer of liability
On no account may KIDS&US be held liable for circumstances including, but not limited to, those listed below, nor for any damages which may arise.
KIDS&US assumes no liability for any delay, deletion, erroneous delivery or failure to save USER correspondence or personal settings.
Nor may KIDS&US be held liable for the decisions made upon the basis of the information provided on the WEBSITE or the App(s) or the damages caused to the USER or third parties as a result of actions based solely on the information obtained on the WEBSITE and App(s).
KIDS&US reserves the right to refuse to provide the service to any person for whatever reason, and/or to interrupt the service in whole or in part at any time, with or without prior notice.
Use of the WEBSITE and the App(s) is subject to all the applicable regulations and the USERS will be solely liable for the content of their communication via the WEBSITE.
Access to the WEBSITE and App(s) does not entail an obligation on the part of KIDS&US to control the absence of viruses, worms or any other harmful computer elements. The USER is responsible, in any case, for the availability of suitable tools for the detection and disinfection of harmful software.
KIDS&US cannot be held liable for damages caused by the computer equipment of USERS or third parties during the provision of the service of the WEBSITE or App(s).
KIDS&US makes no guarantee nor accepts liability in any way for damages of any nature which may arise from access to or use of the content or the WEBSITE or App(s).
KIDS&US shall not be held liable for:
Potential security errors which may occur due to the use of computers infected by computer viruses;
Use by third parties of elements owned by KIDS&US which confuse its identity;
Infringements of intellectual and industrial property rights by third parties;
Third-party breaches which may affect USERS of the KIDS&US WEBSITE and App(s);
The lack of functioning of the WEBSITE, the App(s) or any of the services for reasons beyond the control of KIDS&US;
The consequences arising from the malfunctioning of the browser or use of non-updated versions thereof;
The existence of viruses or malicious or harmful programs in the contents;
Use which is unlawful, negligent, fraudulent, contrary to the terms of this Legal Notice or good faith and public order of the WEBSITE or the App(s) or their contents by the USERS;
Damages of any kind caused to the USER which bring about failures or disconnections in the telecommunications networks, failures of computers or other electronic systems which cause the suspension, cancellation or interruption of the service of the WEBSITE or the App(s) during their provision or prior to it.
In reference to the contents and services linked via the WEBSITE, we refer to the provisions of section 3 of this Legal Notice referring to hyper-links and/or links.
6. Queries, complaints and reporting of illegal and inappropriate activities
In the event of any suggestions, queries, complaints or claims, USERS may contact KIDS&US at any time via the following communication channels or those determined at a future date:
Post: Avinguda Tudela, 12, 08242, Manresa
Tel: +34 93 875 33 45
Such communication channels will also be valid for the contact between KIDS&US and any USER who has knowledge that linked websites are providing references to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality.
However, reception by KIDS&US of any correspondence will not imply, in accordance with the provisions of Law 34/2002, effective knowledge of the activities and/or contents indicated by the USER as the communicator.
7. Legislation and competent jurisdiction
This Legal Notice is subject to Spanish law.
8. Protection of personal data
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we hereby inform you that the Data Controller of personal data is the company KIDS&US ENGLISH, S.L. whose headquarters is located in C/ Cardenal Lluch, nº5, office 1, edificio Catalonia, 08242 Manresa, Spain (hereinafter KIDS&US).
The basis for legitimising the processing of your data is your consent, which will be deemed granted upon your access to and use of the KIDS&US WEBSITE and/or App. Therefore, upon access to and use of the KIDS&US WEBSITE and/or App, the USER accepts their content and grants his/her consent to the processing of his/her personal data.
The data collected will be processed in order to improve and develop the activity of KIDS&US, including the provision of the requested services and information, the conducting of surveys and the publication of information which may be of interest to you.
The data will be retained for a period of up to 3 years following the termination of the mercantile and/or commercial relationship.
You have the right to access, rectify and/or delete the data provided at any time, or request the transfer thereof. You also have the right to request limited data processing or to object to it. The data may also be communicated to members of the KIDS&US ENGLISH, S.L. franchise network, or KIDS&US ENGLISH, S.L. partner entities/service providers and/or its franchisees, whether or not they are located in this country. If you require additional or more detailed information on Data Protection, you may request and view it by sending an email to email@example.com by asking for a written copy from Carrer Canonge Montanyà, 1-5, 08242, Manresa, Spain, or by writing to Kids&Us School of English, Carrer Canonge Montanyà, 1-5, 08242, Manresa, Spain.
In the event that you have suffered any kind of interference in the exercise of your rights, you have the option of submitting a complaint to the competent authority, namely the Spanish Data Protection Agency (Agencia Española de Protección de Datos).
Personal data collected
The only personal data to which KIDS&US will have access will be data that the USER has provided freely and voluntarily. In this sense, it is necessary for USERS to understand that in order to access some of the services offered via the WEBSITE, personal data will be requested. If you do not provide them, you will not be able to access or use said services and contents. You are informed that all the fields which appear on the forms must be completed, in such a way that the omission of any of them may mean we are unable to attend to your request, unless there is data to be voluntarily completed on the form.
In addition, there are accesses to apps on the Google Play Store (via link/hyper-link) with educational content to facilitate the development and learning of the proposed language (learning tools, games, etc.). Nevertheless, KIDS&US does not process any personal data on them.
On the other hand, there is an education content management App intended for parents in which KIDS&US gathers personal data on student examination results and general student monitoring reports, as well as, by way of example, data concerning the behaviour, learning, motivation and performance of the student; invitations for parent-teacher meetings; the minutes from said meetings; the age, name and surnames of the student; name and surname data and telephone numbers of the student’s parents/guardians; the course or group; timetables; class attendance register; student photos and announcements of events; administrative data for invoicing management and course-related activities, in order to process the data and maintain an active communication channel between the school and the parents/guardians of the students with regard to everything related to the school and educational management of their children, as well as a digital agenda in which the teachers will proceed to record the follow ups of the students. This application requires the USER to have an account with the Google Play Store on Android to download the applications. In addition, the application may automatically collect other kinds of information, such as the type of mobile device, the USER’s country, IP addresses, the operating system of the mobile device and information on how the application is used. This data will not be transferred by KIDS&US to third parties. Access is reserved for the purposes of providing the Google Play Store service.
By means of the WEBSITE, KIDS&US will not gather or process the personal data of minors under fourteen (14) years of age.
Notwithstanding the foregoing, due to its content, the WEBSITE may be attractive to said minors. In this regard, KIDS&US encourages parents to monitor their children’s electronic activities, for example by means of the use of parental control tools provided by several electronic services and software manufacturers, helping to provide a secure electronic environment for minors.
These tools may also prevent children under fourteen (14) years of age from electronically communicating their names, addresses and other personal data without their parents’ consent.
KIDS&US reserves the right to verify, by the means it deems most appropriate, the actual age of any USER who has disclosed data via the WEBSITE and, if appropriate, to deny said USER access to the services on offer, and proceed to the cancellation and elimination of his or her data. However, as it is extremely difficult to determine the actual age of the persons who disclose data via the WEBSITE, if you discover that one of your children has performed such a disclosure, please contact KIDS&US at the following email address: firstname.lastname@example.org