Terms and conditions
Access to and use of the platform (hereinafter, the “Platform”) implies express and unreserved acceptance of these Terms and Conditions of Use (hereinafter, the “Conditions”). They must be observed and complied with by all those who use the Platform in any way.
For the purposes of these Conditions, the term “Client/s” refers to any organization or company using the Platform. Likewise, the term “User/s” refers to any natural or legal person who maintains a commercial and/or contractual relationship with the Client.
Identification of the holder and general information
Owner: Identity Engagement, SL (hereinafter, "IDenge")
Corporate address: Quintana, 55 08205 Sabadell (Barcelona)
Tax ID (NIF): B67316026
Public Registry: Volume 46.640, Page 187, Sheet L526303, Entry 1.
Website: www.idenge.com
Email: idenge@idenge.com
Purpose
Accessing, browsing and using the Idenge Platform implies the express, unreserved acceptance of all the terms of these Conditions, which will have the same validity and efficacy as any agreement entered into in writing and signed between the parties.
Su observancia y cumplimiento será exigible respecto de cualquier Cliente, o cualesquiera que acceda, navegue o utilice la Plataforma.
Any Client or person who accesses, visits or uses the Platform must observe and comply with them.
If you do not agree with the terms set forth herein, please refrain from accessing, visiting or using the Platform.
Notwithstanding the foregoing, access to certain contents and the use of certain services may be subject to specific conditions, which will in all cases be clearly indicated and must be expressly accepted by Clients and Users, as applicable.
Idenge reserves the right to change these Conditions in full or in part, publishing all changes in the same way as they appear in these Conditions or by means of any kind of notification addressed to the Clients..
Similarly, Clients are hereby informed of their rights and obligations in relation to the contents posted on the Platform, the logos and trademarks used and the liabilities that could arise in connection with using the service provided by Idenge.
For the purposes of interpreting these Conditions, we consider a person to become a Client as soon as they accept the Conditions and the Privacy Policy posted on the Platform.
To become a Client, the applicant must fill out the form hosted on the Idenge Platform and fulfil the obligations arising therefrom. Idenge will be free to reject the application at its sole discretion. In the event that Idenge accepts the application, it will issue express notification of its acceptance.
Any issue that has not been specifically provided for in these Conditions will be considered reserved for Idenge, notwithstanding the application of applicable legal measures.
The contractual procedure will be carried out in the Spanish and English languages, as requested by the potential Client. Notwithstanding the foregoing, in the event of any contradiction between that set out in the Spanish version of the Conditions and that expressed in any translation, the terms of the Spanish version shall prevail.
Rules governing the use of the Platform
Access to or use of the Platform for illegal or unauthorised purposes, whether for profit or not, is forbidden, and the consequences thereof will be the exclusive responsibility of the Client. In particular, but not limited to the same, the following are prohibited:
- Using the Platform in any way that could cause damage, interruptions, inefficiencies or defects regarding its operation or that of computer equipment of third parties;
- Using the Platform to transmit, install or post viruses, malware or other harmful programs or files.
- Using the Platform in a manner that is illegal, contrary to good faith, ethics and public order or contrary to the spirit of the contractual conditions;
- Registering via the Platform under a false identity, supplanting third parties or performing any other action that could give rise to confusion among other users as to the identity of the user;
- Gaining unauthorised access to any area of the Platform, other systems or networks connected to the Platform, the servers used by Idenge or the servers provided through the Platform, by hacking or forgery, obtaining passwords or by any other illegitimate means;
- Breaching or attempting to breach the Platform’s security or authentication measures, or those of any network connected to the Platform, or the security or protection measures forming part of the contents offered through the Platform;
- Performing any action that causes disproportionate or unnecessary saturation of the Platform infrastructure or of Idenge’s systems or networks, and of the systems and networks connected to the Platform; or
- Preventing the normal development of an event, competition, promotion or any other activity made available through the Platform or any of its functionalities, whether by illegally or in any other way altering, or attempting to alter, access to, participation in or the operation of the former, or falsifying the result of the same and/or using fraudulent participation methods through any procedure, and/or through any practice that is contrary to or infringes these Conditions.
In the event of a breach of any of the above obligations by the Client, Idenge may take the opportune measures permitted by law, including deleting or blocking the account of the infringing user, without any possibility of compensation for damages caused.
Access and Registration
Access to the contents of the Platform is absolutely free, including the sending by the Client of the first five (5) electronic cards and passes, notwithstanding the existence of specific sections or services that require the payment of a certain amount for their use. In all cases, the Client will be duly informed of this and must give their express acceptance in order to be able to use them.
The Client must enter all their data, which must be authentic and truthful, and accept the Idenge Privacy Policy, as this is the only way for us to process potential orders placed in the future and correctly manage the business relationship between the Client and their Users, as may be the case.
Under no circumstances will Idenge assume any liability for the truthfulness of the registration data provided by the Clients, and each Client will be solely responsible for any consequences, errors and malfunctions derived from poor quality data.
Similarly, the registered Client assumes that the account created with the Platform is personal and non-transferable, and that any legal entity may log into the Platform.
The password, which is personal and non-transferable, must be created by the Client, in accordance with the rules regarding robustness and complexity established by Idenge. The password created by the Client will be valid for an unlimited period of time.
Nonetheless, Idenge offers the necessary functionalities to enable the Client to change their password whenever they wish, for instance, because they suspect or know that the confidentiality of the password has been breached.
By virtue of the foregoing, the Client is obliged to inform Idenge immediately of any act that gives rise to the improper use of the identifiers and/or passwords, such as theft, loss or unauthorised access to them, so they can be cancelled immediately. Until such acts are reported, Idenge will be exonerated from all liability that could arise from the improper use of identifiers or passwords by unauthorised third parties.
Use of cookies
The websites, online services, interactive applications, emails and advertisements belonging to Idenge may use cookies and other technologies. Such technologies help us better understand the behaviour of users and inform us about the websites they have visited, as well as facilitating and measuring the efficiency of advertisements and Internet searches. We process the information compiled by the cookies and other technologies, such as data of a non-personal nature. However, insofar as local legislation considers IP addresses and other identifiers to be similar to personal data, we will also process said identifiers as personal data. Likewise, when combining non-personal and personal data, the combined data will be processed as personal data for the purposes of the Privacy Policy.
If you do not wish to receive advertisements related to your interests from the Idenge advertising platform, enable restrict monitoring of advertisements, which will disable advertisements of this kind for your Idenge ID, regardless of the device you use. If you enable Restrict surveillance of advertising on your mobile device, third-party applications will not be able to use the advertising identifier, a non-personal identifier, to offer advertisements that are specifically designed for you. In third-party applications, you may possibly see advertisements based on a different type of information.
Idenge and its partners also use cookies and other technologies to remember your personal data when you use our website, our online services and our applications. Our purpose in such cases is to offer you a more comfortable, personal experience in Idenge. For instance, as we know your name, we can welcome you when you visit Idenge again. Knowing your country and language helps us provide you with a personalised and more helpful experience while you shop. Knowing that someone has purchased a product or has used a specific service on their computer or device helps us adapt our advertisements and email communications to their interests. In addition, knowing your contact details, hardware identifiers and information related to your computer or device helps us to customise your operating system and offer you a better service.
As occurs with most Internet services, certain data are compiled automatically and stored in log files. Such data include IP addresses, browser types and language, Internet provider (ISP), websites and reference and exit applications, operating system, date/time stamp and click monitoring data.
We use the above data to know and analyse trends, manage the website, obtain information about user behaviour on the website, improve our products and services and compile demographic data related to our users in general.
Idenge operation
General services
Idenge provides the Client with a Platform that can be used to design, distribute and centralise the use and management of the Client’s electronic cards and passes, while also allowing the Client to send notifications and text messages to its Users and to control their points and/or view and exchange them for prizes and/or promotions, informing them and keeping them posted about all the offers and promotions the Client can offer them.
Idenge only shows the details of the Client’s account, without changing them and without checking whether they are correct. In this respect, the Client assumes all liabilities derived from possible breaches caused to Users by the information in the electronic cards and passes.
For this reason, if the User requests specific information about the accounts associated with the different electronic cards and passes, they must contact the Client directly through the usual channels provided for this purpose.
Likewise, the Client expressly declares that they are the lawful owner of the access credentials provided through Idenge and assumes all liabilities arising from failure to comply with this obligation.
Idenge reserves the right to suspend, defer, cancel or change the services offered at any time, and in this regard, Idenge undertakes to inform the Client 24 hours before carrying out said actions, with no possibility of receiving compensation for damages caused.
Other services
In addition to providing the Client with a Platform for the design, distribution and centralization of the use and management of electronic cards and passes, Idenge also provides the following additional services:
A Design and management services for cards and digital passes.
B Hotline maintenance contracts via email, chat or phone.
C Custom projects.
Client promotions
Idenge assumes no liability for losses, damages, delays or any other circumstances that could affect the participation and implementation of the promotions organised by the Clients using the electronic cards and passes, insofar as the owners of these cards and passes are the parties responsible for organizing the promotions irrespective of whether they are subject to promotions and/or financial benefits.
The entities owning the electronic cards and passes (the Clients) reserve the right to suspend, defer, cancel or change the duration of the promotions at any time before they expire, under certain circumstances which will be posted on the websites of the owners of the electronic cards and passes, and via any other communications channels used to publicise the promotions. Likewise, the entities owning the electronic cards and passes (the Clients) reserve the right to take the measures they see fit in the event of detecting that any User has performed an action that could be considered fraudulent, abusive and/or harmful to the correct implementation of the promotion.
Intellectual and Industrial Property Rights
The use of references to registered trademarks, commercial names or other distinctive symbols, whether owned by Idenge or by third party companies, is strictly prohibited without the consent of Idenge or their lawful owners. At no time does accessing, browsing or using the Platform and/or its contents grant the Client any right over the distinctive symbols contained therein, unless specified to the contrary.
Under no circumstances will it be understood that access, browsing and use of the Platform by the Client implies a waiver, transfer, licence or the total or partial assignment of intellectual, industrial and any other rights by Idenge. The Client holds the right of use over the contents and/or services of the Platform for the sole and exclusive purpose of enjoying the benefits of the services pursuant to these Conditions.
The Client expressly agrees that after adding an electronic card or pass, they will associate the image and logos of the trademark owned by the Client to the card that is added, and in this case, they agree that they hold the necessary permits and that they assume all liabilities that could arise from such an action.
All intellectual and industrial property rights over the contents and/or services of the Platform are reserved and, in particular, any modification, imitation, reproduction, public communication, transformation or distribution of all or any part of the contents included in the Platform for public or commercial purposes, by any means and in any way, is forbidden without the prior, written, express consent of Idenge or the owner of the corresponding rights, as the case may be.
Likewise, any elimination or manipulation of the copyright indications or other credits of the Platform, and the protective devices, fingerprints or any protective or information mechanism incorporated into the contents offered by the Platform, is forbidden.
In the event that the Client sends any type of information to Idenge through any of the channels created for this purpose, they declare, warrant and agree that they are entitled to do this with no restrictions, that such information does not infringe any data protection, intellectual, industrial, trade secret rights or any other third-party rights and that said information is not confidential or harmful to third parties.
The Client declares that they assume liability, and relieve Idenge from liability, for any communication made personally or on their behalf, with such liability including, without restriction, the accuracy, legality, originality and ownership of the same.
If the Client, the User or any third party becomes aware of the existence of any content that is illicit, illegal, contrary to law or that could entail an infringement of intellectual and/or industrial property rights, they will immediately inform Idenge by sending an email to idenge@idenge.com in order for Idenge to take the opportune measures.
- Identification data and method for contacting the claimant or their legal representative.
- Documentation accrediting status as the owner of the rights that have allegedly been infringed.
- Detailed list of the rights that have allegedly been infringed by Idenge, and their exact location in the Platform.
- Express declaration by the claimant that the contents were used without the consent of the owner of the allegedly infringed rights.