Tisei's Privacy and Data Handling
Tisei's Terms and Conditions V.20161220
We believe that your digital identity belongs to you, and that you should be in control of the way in which such information is used, for what purpose and according to which usage terms.
We will never sell, or give access to Your Data to a third party except in accordance with your specific instructions.
We are required by law to comply with the European and Spanish Data Protection directives, according to http://ec.europa.eu/justice/data-protection/ and https://www.boe.es/buscar/pdf/1999/BOE-A-1999-23750-consolidado.pdf
By using the tisei Services, you agree that you accept these terms and conditions.
If there is anything You don't understand, please feel free to drop us a line at firstname.lastname@example.org
1. Terms of Service
1.2 By using or accessing the tisei Services you agree to be bound by all of the terms and conditions of this Agreement. If You don't agree to all of the terms and conditions of the Agreement, You shouldn't, and aren't
permitted to, use the Tisei Services.
1.3 Tisei reserves the right to modify this Agreement by posting a revised Agreement on our website and/or through the Services and providing notice toYou that this Agreement has changed, generally via a notification on the Tisei Dashboard where practicable. Sometimes we may ask You to expressly accept the revised Agreement.
1.4 In cases where we do not ask for Your acceptance of the modified Agreement,the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided You with notification of the modification.
1.5 If You don't agree with or accept any variation or modification to this Agreement,please notify us. We will allow You thirty (30) days access to the Tisei Services so that You can export Your data, and we will then delete Your account.
1.6 The current version of this Agreement is always available on our website https://www.tisei.com
2. Who can use Tisei?
2.1 If You're under the age of thirteen (13) You can't use the Tisei Services.
2.2 If You're between the age thirteen (13) and sixteen (16) You'll need a parent or legal guardian's permission to use the Tisei Services.
2.3 If You use Tisei Services, You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and Access Tisei Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring
that such equipment or ancillary services are compatible with the Tisei Services.
2.4 If You are authorised to use the Tisei Services, You agree to not post pornographic, offensive or illegal content to any publicly published data feed (for example the publication of 'Status' from Tisei). This includes Your agreement not to distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content to a Tisei public feed.
3.2 You can ask for help with Tisei and its services from email@example.com
4. Data Ownership and Rights
4.1 You always retain ownership of Your Data, and only You can give permission to share with Third Parties.
4.2 When sharing Your personal Data in Tisei, You will be able to include permissions and a link to the Tisei Terms & Conditions to support your rights. You will also be able to add other personal terms, but these will be treated as a request and be unenforceable if they are not reflected in the Tisei Terms and Conditions.
4.3 In order to be consistent with Tisei's Privacy By Design approach, Sharing Permissions will default to "do not share with Third Parties or make Public without my permission" and "do not sell or trade without my permission"
4.4 Subject to clause 4.2, other parties using the Tisei service to share or receive personal data are contractually obligated to use your Data only as authorised by You, and must stop using it if you revoke access. Failure to do so is a violation of Tisei's Terms and Conditions.
4.5 Parties with a legal obligation to store your Data may do so, but only in accordance with those obligations. This does not extend to passing on your Data for other purposes.
4.6 You agree that, when personal Data is shared with You in Tisei, You will comply with the sharing user's permissions and You will not share the Data with any Third Party or make the Data public in any way, unless permission is expressly granted by the sharing Tisei user.
4.7 If a sharing user revokes Your access to their Data, you must immediately stop using it.
4.8 You may store a sharing user's Data if You have a legal obligation to do so, but You must not exceed that legal obligation in any way.
4.10 However, if You grant a Third Party access to Your Data, or choose to host or store Your Data with a Third Party, You do so subject to their Terms and Conditions. We are not responsible if that Third Party uses Your personal information in a way which does not comply with this Agreement.
5. Tisei Direct Messages & Sharing
6.1 By opening a direct message from another Tisei user, or by sending a direct message to another Tisei user, You agree that You will abide by the terms and conditions imposed by Tisei, including but not limited to this clause.
6.2 You acknowledge that Data may be provided by You, and to You, on a viewing access basis, which may be terminated at any time by the granting Tisei user.
6.3 You agree that a Tisei user who provides You with Data in a direct message is granting You a non-exclusive, limited right to access and use the Data. Data must be used solely for the purpose intended by the granting Tisei user, and must not be used or disclosed, in whole or in part, to any other party except where expressly authorised by the granting Tisei user or in accordance with the terms and conditions issued by Tisei.
6.4 By providing Data in a direct message, You agree to grant a non-exclusive,limited right to access and use the Data to the receiving Tisei user, who must use the Data solely for the purpose intended by You and who must not use or disclose the Data, in whole or in part, to any other party except where expressly authorised by You or in accordance with the terms and conditions issued by Tisei.
6.5 By providing Data in a direct message, You agree that Tisei is not responsible or liable for the breach of intellectual property, theft or any other form of loss caused by misuse of Your Data by the receiving Tisei user.
7. Dispute Resolution
7.1 If You have a dispute with another Tisei User regarding the use of Your Data, You may make a complaint to Tisei by sending an email with the subject line "Breach of Terms and Conditions" to firstname.lastname@example.org
7.2 You agree that Data that You have shared may be provided to Tisei by the receiving Tisei User if it is reasonably necessary to resolve a dispute.
7.3 If Tisei, at their sole discretion, determines that a Tisei User has breached the terms and conditions, they may suspend or terminate the account of that Tisei User.
7.4 You agree that Tisei does not have any obligation to resolve disputes involving Tisei Users, and You agree that Tisei will not be held liable for any act or omission that occurs in relation to a dispute between Tisei Users.
8. License to Access and Use Your Data
8.2 You will always be able to view which contacts, organisations or applications You have shared Your Data with through features within Tisei.
9. Data and Registration Security
9.1 Tisei understands that maintaining the confidentiality and security of Your Data is important to You, and Tisei uses industry standard, administrative, physical and technical safeguards to protect the confidentiality, integrity, and security of Your Data. Nonetheless, no security measures are 100% effective and Tisei cannot guarantee absolute security.
9.2 You agree that Tisei is not responsible or liable for the theft, deletion,destruction, damage, loss of or failure to store any of Your Data.
9.3 As a condition to using certain Tisei Services You may be required to register an account and select a password. You agree to provide Tisei with accurate, complete, and updated registration information. Failure to do so may constitute a breach of this Agreement, which may result in immediate termination of Your account. You will be responsible for maintaining the confidentiality of Your password and account information.
10. Changes to Data Categories and Tags
10.1 You understand and agree that the specific categories and Tags available through Tisei, such as the data fields that are included in each category, are determined by Tisei, and that Tisei reserves the right, from time to time, to reorganise and/or remove Categories and the data fields contained therein.
10.2 You further acknowledge and agree that in connection with such reorganisationand/or removal activities it is possible that some of Your Data contained in tisei may be deleted and/or moved to a new category, and that Tisei is not responsible for any loss or relocation of any of Your Data arising out of such reorganisation and/or removal activities.
11. Suggestions for Improvement
11.1 You grant to Tisei a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into the TiseiService any suggestions, enhancement requests, recommendations, or other feedback provided by You to Tisei and/or its representatives.
12. Commencement and Termination
12.1 This Agreement will commence on the date You start to use the Tisei Services and will continue in force and effect until its termination.
12.2 You can terminate this Agreement at any time by ceasing to use the Tisei Services and cancelling or deleting Your account.
12.3 Tisei can terminate this Agreement and Your right to use the Tisei Services upon thirty (30) days' notice to You if Tisei ceases to offer the Tisei Services.
12.4 If You breach this Agreement, Tisei can terminate this Agreement and/or Your right to use the Tisei Services immediately and without notice.
14. Warranties and Disclaimer
14.1 You represent and warrant to Tisei that any of Your Data and Your uploaded or stored Third Party Content does not violate any law or legal requirement, and does not infringe the rights of any other person or entity.
14.2 You agree to indemnify Tisei and keep it indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by You of this Agreement.
14.3 You acknowledge that the Tisei Services displays and allows You to access content which is not Tisei's. This Third Party Content is the sole responsibility of the Third Party who has created the content, and Tisei does not make any warranty or representation in relation to the accuracy, completeness or lawfulness of the Third Party content.
14.4 You understand and agree that the Tisei Services are provided without warranty of any kind, on an "As Is" and "As Available" basis. Tisei expressly disclaims any and all warranties, whether express or implied, including without limitation anywarranty of merchantability, fitness for a particular purpose or non-infringement and Tisei makes no warranty or representation regarding the Tisei Services, any information, materials, goods or services obtained through the Tisei Services, or that the Tisei Services will meet Your requirements, or be uninterrupted, timely,secure or effort free. Use of the Tisei Services is at Your sole risk. You will be solely responsible for any loss or damages You may suffer as a result of Your use of the Tisei Services.
14.5 To the maximum extent permitted by applicable Law, in no event will Tisei be liable to You for any direct, special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss or profits, loss of information, loss of data, procurement of substitute goods and/or services, or any other pecuniary loss) arising out of, or resulting from the use of or inability to use the Tisei Services. In the event that You believe that Tisei has breached this Agreement, You agree that Your exclusive remedy will be to cease use of the Tisei Services, and that Tisei's sole obligation will be to return Your data, delete Your data and close Your account.
14.6 You agree to waive your right to initiate or participate in any form of class action in any jurisdiction.
15. Tisei's Intellectual Property & Your Committments
15.1 When using Tisei Services You agree to not, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on Tisei. Tisei shall own all title, ownership rights, and intellectual property rights in and to Tisei Services, and any copies or portions thereof.
15.2 You agree to not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Tisei Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Tisei or MeCast or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Tisei Services. Tisei reserves the right to bar any such activity.
15.3 You agree to not attempt to gain unauthorized access to any portion or feature of Tisei Services, or any other systems or networks connected to Tisei Services, or its server, or to any of the services offered on or through Tisei Services, by hacking, password "mining", or any other illegitimate means.
15.4 You agree not to probe, scan or test the vulnerability of Tisei Services or any network connected to Tisei or MeCast, nor breach the security or authentication measures on Tisei Services or any network connected to the Service.
15.5 You agree to not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Tisei's systems or networks, or any systems or networks connected to Tisei Services.
15.6 You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of Tisei Services or any transaction being conducted using Tisei, or with any other person's use of Tisei Services.
15.7 You agree to not use Tisei Services or any Content for any purpose that is unlawful or prohibited by this Agreement.
15.8 All Tisei generated content such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tisei or its content suppliers and protected by Spanich and international copyright laws. The compilation of all the software is the exclusive property of Tisei and protected by Spanish and international copyright laws. All softwareused on (or provided through) Tisei is the property of Tisei or its software suppliers and protected by Spanish and international copyright laws.
16.1 This Agreement will be governed by and construed in accordance with the laws of Spain. You and Tisei hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts
in Madrid, Spain in any dispute arising out of this Agreement.
16.2 The provisions of clauses 4, 5 ,6, 7, 8, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement.
16.3 If a Court decides that a particular term of this Agreement is not enforceable, this will not affect the other terms.
16.4 If You breach this Agreement, and we do not take action immediately, this does not mean that we give up our rights, for example to take action, in the future.