Legal Notice — Cirkus

Cirkus App: Task & Project Manager

Legal notice and Privacy Policy

General Information

In accordance with article 10 of the 34/2002 Spanish Law for Services of the Information and E-commerce Society (the “LSSICE”), passed on the 11th July, 2017, we provide you with “general information” that includes the identification details of the owner of this App, Cirkus, and information related to its use:

Cirkus App’s owner is FARMERS WIFE, S.L.

- - Owner Data: FARMERS WIFE, S.L. company (farmerswife from now on), listed in the Mallorca Business Registry (Registro Mercantil de Mallorca), under tome 2113, book 0, paper 1, page PM-49729, 1st entry/inscription, and with C.I.F number B-57-323909.
  - Address: Av. Joan Miró, Nº 138, office 6, 07015 – Palma de Mallorca, Spain
  - E-mail: support@wp.cirkus.com
  - Phone: (+34) 971 730 777

Subject matter and scope

The present Legal Notice regulates the use of Cirkus App (hereinafter referred as “Cirkus” or as the “App”), its accessibility, browsing, and the responsibilities that are inferred from using it and its content (regarding the following as “content”: text, graphics, designs, source codes, software, photographs, images, expressions and information), as well as the Privacy Policy regarding users’ personal data.

By using Cirkus, it means that the present terms of usage are accepted by the user; terms which the user has to read over each time they decide to use the site, given that the use conditions may be modified at any given time without previous warning. For this matter, we understand that anyone who accesses, browses through and/or makes use of the services provided by this App will be classified as users.

Social Media Platforms (SSO logins)

It is established that one may participate in Cirkus by accessing via social media, which implies acceptance of the legal notice and privacy policies, both for the social platform from which the user comes from, as well as the Cirkus App policy, which is privately owned.

The public content that social media users have published on their profiles may be granted to farmerswife once users have accepted the legal conditions of such, from the moment they access the site through a social media platform, to any of the services offered by the App.

Responsibility Exemption

1. farmerswife does not guarantee the quality, accuracy, trustworthiness, correction, integrity or morality of any of the data, programmes, information or opinions, whichever their origin, that circulate through Cirkus or the sites that the user may access from it. The user will not hold farmerswife responsible for any of these concepts. As a result, the user assumes, exclusively, all responsibility in terms of the consequences, possible harm or actions that may derive from the access to given content, as well as for the reproduction or distribution of it.
2. In no case will farmerswife be responsible for any interruption or lack of continuity in the access to the App, whether it is caused by actions or omissions on behalf of farmerswife or any third parties.
3. farmerswife is not responsible for, and does not guarantee, the compliance of the Data Protection or Information Society and E-commerce laws by third parties, and shall not be liable for the integrity and/or veracity of the content embedded in the links included in the website.
4. farmerswife does not guarantee the lawfulness, trustworthiness, usefulness, veracity or accuracy of the information provided through the website.
  As a result, farmerswife does not guarantee or assume responsibility for:
  - The continuity of the content published in Cirkus.
  - The absence of errors in given content or the correction of any flaws that may occur.
  - The absence of virus and/or any additional harmful components of the website or the server that supports
    and supplies it.
  - The vulnerability of Cirkus and/or the impregnability of the security measures that have been adopted by it.
  - The lack of usefulness or efficiency of Cirkus content.
  - The consequences, loss or damage caused, to themselves or a third party, by any person that breaches the conditions, norms and instructions that farmerswife establishes in its App or through the violation of their security systems.

Nevertheless, farmerswife guarantees that it has adopted all the necessary measures, within its ability and the state of technology today, to ensure the functioning of the App and prevent the existence and transmission of viruses and other damaging components to its users.

Intellectual and Industrial Property Rights

1. The content of this App, including text, images, graphic design, source codes, logos, trademarks, trade names, files, manuals, etc., is exclusively owned by farmerswife, and is protected by regulations of Intellectual and Industrial Property; thus resulting in the reproduction, modification, and any kind of diffusion, public sharing or distribution of the aforementioned content being prohibited without the previous written consent from farmerswife.
2. In no case shall it be understood that the access and browsing by the user implies a renunciation, transmission, licence, or a total or partial transfer of these rights on behalf of farmerswife.
3. Consequently, it is not allowed to eliminate, elude or manipulate the copyright notice or any identification detail regarding the rights held by farmerswife or any of the owners incorporated in the content.
4. Moreover, it is strictly prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, download files, send by post or email, transfer, use, deal with or distribute in any way the totality or part of the contents included in the website for public or commercial purposes without the explicit authorization and written consent from farmerswife.

Specifically, farmerswife explicitly opposes the possibility of the reproduction of its App being considered a citation or quotation in the terms stipulated under article 32.1, second paragraph of the Royal Legislative Decree 1/1996 of April 12th, by which the Law of Intellectual Property is Approved, unless in possession of an express authorization and written consent.

Access and usage of the App

1. 1. Access by users to Cirkus is unrestricted and free, however, some services and content offered by farmerswife may be subject to the previous contracting of the service, providing necessary personal details, and involving the payment of a sum of money in the form/manner detailed in the terms and conditions or contract that in each given case are applicable.
  2. Access, navigation and use of Cirkus is the responsibility of the user, therefore meaning that the user is committed to dutifully and faithfully observing and looking out for any additional instruction taught or given by farmerswife or its owner/s in relation to the use and its contents.
  3. Henceforth, the user is obliged to use the content in a diligent, correct, permissible and lawful manner, and specifically, expressly agrees to abstain from the following:
    - Using the contents with purposes or resulting in effects contrary to the law, morals, ethics and generally accepted principles or public order.
    - Reproducing or copying, distributing, granting public access via any type of public form of communication, transforming or modifying content, unless in possession of an express authorization from the owner of the given rights or if the actions are legally permitted.
    - Using the contents and, in particular, any type of information obtained via the website or from its services to send out publicity, communications with direct sales purposes or any other type of commercial reason, unsolicited messages directed towards a group of people independently of the final goal, as well as abstaining oneself from commercializing or divulging the given information in any way.

Links

1. 1. Cirkus may contain technical devices in charge of creating links that enable the user to access other sites and Internet portals (“links or hyperlinked sites”). farmerswife does not know the content and services included in the hyperlinked sites and thus does not hold itself responsible for the damage caused by the illegality, quality, unavailability, error and futility of the linked sites or for any other damage that is not directly imputable to farmerswife.
  2. The linked websites are managed by third parties. farmerswife does not have the power or the human capacity or technical means to know, control or approve all the information, contents, products or services provided by
    other websites to which one can access via the established links on the website. As a result, farmerswife cannot assume any type of responsibility for any aspect related to the websites linked to from the Website, particularly, including but not limited to, its functionality, accessibility, data provision, information, files, quality and trustworthiness of the products and services, its own links and/or any of its contents, in general.
  3. The establishment of any type of link on behalf of the website to another external site or portal does not necessarily imply the existence of any type of relationship, collaboration or dependence between farmerswife and the one/s responsible for the external website.

Cookies

Read our complete cookie policy here.

Validity and modifications

1. farmerswife may modify, totally or partially, the terms and conditions established here, publishing any change or alteration in the same manner in which these conditions appear or via any type of
  communication directed to the users, as farmerswife chooses.
2. The temporary validity of these conditions coincides, therefore, with the time of exposure, until they are totally or partially modified, in which case these latter modified ones will become the valid ones.
3. farmerswife can terminate, suspend or interrupt, at any time and without any previous warning, the access to Cirkus contents, with the possibility of the user demanding any type of compensation being nonexistent.
  Following said termination, the use restrictions that have been previously expressed in the present general terms and conditions in regards to the contents, will still be valid.

Data Protection

Regarding users’ personal data, farmerswife Applies the General Data Protection Regulation (GDPR) (EU) 2016/679 to ensure that their privacy is protected.

Should farmerswife ask you (the user) to provide certain information by which you can be identified when using this App, be assured that it will only be used in accordance with this privacy statement.

Name and Address of the Controller

The Data Controller that will collect and process your personal data is FARMERS WIFE, S.L. The contact details and general information regarding de Data Controller were set out in clause 1 of this Legal Notice. Please visit the aforementioned clause 1 in order to get such information.

Purposes of the processing

The purposes for which personal data is processed are the following:

Providing information requested by the user
Providing requested services
Identifying users correctly
Improving our services and products
Understanding users and their needs through analytic analysis.
For management of basic administration processes, as well as,
Sending promotional email or push notifications about new products related to farmerswife or specifically Cirkus, special offers or other information which we think you may find interesting using the email address which you have provided. We inform that in each commercial communication you receive, we will provide you with the appropriate information to exercise your right of objection in case you wish to object to the sending of commercial communications (you may unsubscribe at any time). Your acceptance of receiving commercial information is always revocable, without retroactive effects, in accordance with the provisions of article 22.2 of the LSSI.

Farmerswife will not use your data for profiling purposes and will not make any automated decision based on it. Farmerswife will not sell your personal information to third parties.

All data requested by Cirkus with an asterisk (*) are mandatory, as they are necessary for the provision of an optimal service to the user. In case such data are not provided, farmerswife will not be able to attend the user properly and may deny access to the service.

Data Storage

The data shall only be stored for the time the user uses Cirkus and in all cases for the time strictly required to provide services to the user. Data shall promptly be deleted straight afterwards, without prejudice to the legal storage obligations provided for by the law.

Legal basis for the processing

The legal basis for the processing is the consent provided by the web user.

Data disclosure

Users personal data may be disclosed to third parties which are companies that provide services to farmerswife. However, farmerswife has made its best efforts in checking that all its providers apply GDPR’s principles to protect personal data and that such providers only process data for each specific purpose under written instructions. Additionally, farmerswife has signed with each provider a data processing agreement in order to rule the data disclosure.

Some personal data of users may be stored in or transferred to a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA which provides services for farmerswife. By using the Services, users acknowledge and agree that we may be transferring, storing and processing their personal data outside of the country in which they reside. farmerswife will take all reasonable steps necessary to ensure that users’ data is treated securely.

farmerswife may also disclose personal data of users as required by law, or when we believe in good faith that disclosure is necessary to protect our rights, protect the safety of our users or the safety of others, investigate fraud, or respond to a government request.

Rights of the Data Subject

Each user (data subject) has the following rights regarding their personal data:

a) Right of confirmation: to obtain from the controller the confirmation as to whether or not personal data concerning him or her is being processed. If a data subject wishes to exercise this right, he or she may at any time contact our data protection officer or another employee of the controller.

b) Right of access: to obtain from the controller free information about his or her personal data stored at any time and a copy of this information.

c) Right to rectification: to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her.

d) Right to erasure (Right to be forgotten): to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds Applies and as long as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
The personal data has been unlawfully processed.
The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data has been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.

e) Right of restriction of processing: to obtain from the controller restriction of processing where one of the following Applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

f) Right to data portability: to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided as long as the processing is based on consent and the processing is carried out by automated means. Furthermore, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others.

g) Right to object: to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also Applies to profiling based on these provisions.

h) Right to withdraw data protection consent: to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise any of the aforementioned rights, he or she may at any time directly contact the data controller by sending the Appropriated request at the following addresses:

Data Controller

- C/Joan Miró, Nº 138, office 6, 07015 – Palma de Mallorca.
- E-mail: privacy@wp.cirkus.com

Finally, each data subject has the right to lodge a complaint before the Supervisory Authority (Agencia Española de Protección de Datos, https://www.agpd.es/)

Generalities

1. The headings of the different clauses are merely informative, and will not affect, classify or amplify the interpretation of the conditions.
2. In the event that any provision or series of provisions of these terms and conditions were considered invalid or inApplicable, totally or partially, by any Court, Tribunal or competent Administrative Organ,
  such invalidity or non-Application will not affect any other provisions.
3. The failure of farmerswife to exercise or execute any right or provision included in these general terms and conditions, will not mean the renunciation of such, unless having recognition and written agreement on their behalf.

Jurisdiction

The relations established between farmerswife and the user will be ruled by what has been established in the current regulation on the Applicable legislation and competent jurisdiction. Nevertheless, in the cases where the regulation foresees the possibility of the different parties submitting to a court, farmerswife and the user, with express renunciation to any other dispute/court case that may relate to them, will submit to the Court and Tribunal of Palma de Mallorca.