BUBBO TERMS OF USE

1. GENERAL CONDITIONS OF USE. OPERATING SYSTEM. SPECIAL PROVISIONS REGARDING SOFTWARE.

The use of this app as well as those of the subdomains and/or directories (hereinafter jointly called “BUBBO”) is subject to both these General Conditions of Use, as well as its own particular conditions (hereinafter, the "Particular Conditions" ) that, depending on the case, may govern the use of certain services offered therein. Therefore, prior to using said services, the User must also carefully read both this Legal Notice and, where applicable, the corresponding Specific Conditions. Likewise, the use of the App is also subject to all notices, regulations of use and instructions, which are brought to the attention of the User by the company (PLATAFORMA DE PUBLICIDAD DYNAMIC-TV, SL, hereinafter BUBBO, whose identifying data is indicated below) replace, complete and/or modify these General Conditions of Use. By the mere use of the App or any of the sites included in the application, the User expresses his or her unreserved acceptance of these General Conditions of Use.

Therefore, if you do not agree with the considerations detailed in the Legal Notice, please do not use the App, since any use you make of it or the services and contents therein implies acceptance of the legal terms included in this text.

Access to some of the sections or sections of this mobile application may redirect you to other BUBBO pages, where you will also find the corresponding General Conditions of Use and Privacy Policy, all of them in line with those contained in this document.

USER CONDITION. The use of the mobile application attributes the status of User (hereinafter, the "User") and implies full and unreserved acceptance of each and every one of the provisions included in both this Legal Notice and the Privacy Policy.

USER RESPONSIBILITIES. The User agrees to use the App Services in accordance with the terms expressed in this Legal Notice, being responsible for their correct use. Without prejudice to what is stated below, the User agrees not to use the Site to provide services, carry out advertising activities or commercial exploitation.

All information provided by the User must be truthful. For these purposes, the User guarantees the authenticity of all data communicated as a result of completing the forms necessary for registration and access to certain services. It will also be the User's responsibility to keep all the information provided to BUBBO permanently updated so that it responds, at all times, to the User's real situation. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damage caused to BUBBO or third parties due to the information provided.

USE OF THE CONTENTS OF THE SITE. The User agrees not to use the App or the services offered in or through it to carry out activities contrary to the law, morality, public order, harmful to the rights and interests of third parties or any other way that may damage, disable, overload, deteriorate or prevent the normal use of the mobile application.

The User who acts against the image, good name or reputation of BUBBO, as well as whoever illicitly or fraudulently uses the designs, logos or contents of the App and/or violates in any way the intellectual and industrial property rights of the App or of the contents and services thereof, will be responsible to BUBBO for its actions. For the purposes provided herein, content will be understood to mean, without this list being limited, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes. In particular, the User undertakes to refrain from:

a)    Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;

b)    Delete, manipulate or in any way alter the “copyright” and other identifying data of the reservation of rights of BUBBO or its owners.

2. REGULATIONS AND JURISDICTION

The issues related to the Conditions of Use and Privacy Policy, as well as all those issues that arise and are related in part or in their entirety to the services provided through the application, are governed in each and every one of their extremes by Spanish law, the parties expressly waiving the jurisdiction that corresponds to them, and submitting to the Courts and Tribunals of the User's domicile, provided that the User is located in Spanish territory.

3. LEGAL NOTICE

3.1 Identification of DYNAMIC-TV, SL ADVERTISING PLATFORM

DYNAMIC-TV, SL ADVERTISING PLATFORM, with CIF B99555393 and domiciled for communications purposes at C/ Isaac Peral Nº 3, entlo. izda., 50001 Zaragoza, email hola@bubbo.app, is the owner of this app.

 

3.2 Modifications

BUBBO reserves the right to make any modifications it deems appropriate, and may modify, delete and include new content and/or services, as well as the way in which they are presented and located. 

3.3 Minors

In general, to use the Services of this mobile application, minors must have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts carried out through this mobile application by the minors in their care. In those Services in which it is expressly indicated, access will be restricted solely and exclusively to those over 18 years of age.

3.4 Duration and termination

The provision of the services and/or content of this mobile application has an indefinite duration. Without prejudice to the foregoing, BUBBO is entitled to unilaterally terminate, suspend or interrupt, at any time and without prior notice, the provision of the service and this mobile application and/or any of the services, without prejudice to what would have been provided in this regard in the corresponding particular conditions.

4. EXCLUSION OF WARRANTIES AND LIABILITY

4. 1 Viruses

BUBBO undertakes to apply all necessary measures to try to guarantee the User the absence of viruses, worms, Trojan horses and similar elements in its application. However, these measures are not infallible and, therefore, they cannot completely ensure the absence of said harmful elements. Consequently, BUBBO will not be responsible for any damages that they may cause to the User.

4.2 Use of content

BUBBO provides all the contents of its website in good faith and will make its best efforts to ensure that they are permanently updated and current; However, BUBBO cannot assume any responsibility regarding the use or access made by Users outside the scope to which the Site is directed, whose final responsibility will fall on the User.

4.3 Incorrect use of the application 

ADVERTISING PLATFORM DYNAMIC-TV, SL has created the BUBBO application to disseminate its activity and to facilitate access to its services, but cannot control its use in a manner other than that provided for in this Legal Notice; Therefore, access to the application and the correct use of the information contained therein are the responsibility of the person who carries out these actions, and BUBBO is not responsible for the incorrect, illicit or negligent use that the User may make of it, nor for the knowledge that may have unauthorized third parties of the type, conditions, characteristics and circumstances of the use that Users make of the application and services. Likewise, BUBBO will not be responsible for damages of any kind that may be due to the impersonation of a third party carried out by a User in any type of communication made through the application.

4.4 Technological failures

BUBBO has concluded all the contracts necessary for the continuity of its Site and will make its best efforts so that it does not suffer interruptions, but it cannot guarantee the absence of technological failures, nor the permanent availability of the Site and the services contained therein and , consequently, does not assume any responsibility for any damages that may be generated by lack of availability and access failures caused by disconnections, breakdowns, overloads or network outages not attributable to BUBBO.

5. PRIVACY POLICY 

5.1 Data processing

It is reported that the personal data collected through the forms of the app are processed in accordance with the guidelines of Regulations 2016/679, of April 27, General Data Protection and the current Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, ensuring correct use and processing of the personal data of the app user. 

To this end, together with each form for collecting personal data, in the services that the user may request through the email address hola@bubbo.app, the user will be informed of the existence and express acceptance of the particular conditions. of the processing of your data in each case, informing you of the responsibility for the file created, the address of the person responsible, the possibility of exercising your rights of access, rectification, cancellation, opposition, limitation, portability, the purpose of the processing and data communications. to third parties where appropriate. 

Likewise, BUBBO informs the users of this app that, in compliance with Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, it will request your consent to the processing of your email.  ;

The purpose of the collection and automated processing of personal data is to maintain the commercial relationship and perform information, training, advice and other BUBBO activities. 

These data may only be transferred to those entities that are necessary with the sole objective of complying with the previously stated purpose. 

BUBBO will adopt the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of the current regulations indicated above: The General Data Protection Regulation, the Law on Protection of Personal Data and Guarantees of Digital Rights and the Law on Information Society Services and Electronic Commerce.

The user declares that all the data provided by him is true and correct and undertakes to keep it updated, communicating changes to BUBBO. 

Likewise, BUBBO informs users of the application that through its use, data will be generated that will serve to offer the user an improved experience, based on the user's tastes and preferences in reference to the movies and series that have interested you and what selection as pending.

This circumstance entails a form of automated data processing in accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46/EC (General Data Protection Regulation), in article 4.4. Therefore, the user has at their disposal a series of rights related to the profiling and processing of data obtained through the use of the application, which include the right of access to data (art. 15 RGPD 2016/679) , the right of rectification (art. 16 RGPD 2016/679), the right of deletion (art. 17 RGPD 2016/679) with the consequent deletion of personal data, limitation of processing (art. 18 RGPD 2016/679) , the right to the obligation on the part of the controller to be notified in relation to the rectification or deletion of personal data or the limitation of processing (art. 19 RGPD 2016/679). Likewise, the user may also exercise the right to data portability (art. 20 RGPD 2016/679) and the right to object (art. 21 RGPD 2016/679).

Additionally, the application, after downloading, may require certain permissions for its operation to run efficiently, such as push notifications, localization to improve the user experience, language and access to multimedia content.

6. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The intellectual and industrial property rights over the APP are owned by PLATAFORMA DE PUBLICIDAD BUBBO, SL, corresponding to the exclusive exercise of the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication. and transformation.

The contents of the service are texts, photographs, graphics, images, icons, technology, software, databases, and other audiovisual or sound content, as well as its graphic design and source codes used in the service. This list is made for illustrative and exemplary purposes, not limitation.

The text, images, graphics, sound files, animation files, video files, software and appearance of BUBBO are protected by intellectual and industrial property rights. These elements may not be validly and legitimately copied or distributed for commercial use, nor may they be modified or inserted into other websites or applications without prior express authorization from their owners.

BUBBO declares that it is the exclusive owner of all the rights that fall on the works, protected features and any other elements protected by intellectual or industrial property that it incorporates in the Service.

7. REGULATIONS ON CONSUMERS AND USERS

For the use of BUBBO, the following rules will be taken into account:

●    Royal Decree-Law 7/2021 of April 27, which transposes several European Union directives on different areas, has modified the General Law of Consumers and Users (Royal-Legislative Decree 1/2007 of November 16 ) to transpose Directive 2019/770 of the European Parliament and of the Council of 20 May 2019, relating to certain aspects of contracts for the supply of digital content and services, as well as Directive 2019/771.

●     Law 7/1998 of April 13 (General contracting conditions).

●    Directive 93/13/EEC of April 5 OJEU (Abusive clauses in contracts concluded with consumers). 

●    RD-Law 24/2021 of November 2 (Transposition of directives - guaranteed bonds, collective investment, public sector data and information, copyright, exemptions on imports and supplies, consumers and clean and efficient vehicles-).

8. OBLIGATIONS OF USERS. ACCOUNT SECURITY AND PASSWORDS. 

The BUBBO user, and any client or person who accesses it, registers or requests services provided by BUBBO in application of these general contracting conditions, undertakes to comply with the following obligations:

-    Provide all the information and data necessary for your registration or for the request or provision of the services provided by BUBBO, committing to provide accurate, updated and true information.

-    Pay the price, if it has been established for end users, for the products/services provided by BUBBO in accordance with the provisions of the corresponding section of these general contracting conditions.

-    Keep your identification and registration data in BUBBO updated at all times.

-    Any other obligation established or derived from the provisions of these General Contracting Conditions as well as the rules and policies that regulate the web portal and the BUBBO mobile application / www.bubbo.app. 

-    Do not transmit your username and password to unauthorized third parties, and you must immediately notify BUBBO of access by an unauthorized user to said information.

8.1 Profile Privacy 
BUBBO makes different privacy options available to users for their profiles, which can be freely configured by them, making users responsible for the personal information they share.

The information contained in the User profile is the following: the user's name on the platform, their profile image, and the activities in which they have participated.

By default, the profile privacy setting is set to "public", which means that this information is accessible to any other registered APP user. This configuration can be modified to “private”, so that the information will only be visible to those users who are granted permission. However, whenever you participate in an activity organized by BUBBO, your profile will be visible to all participants of that activity only during the course of the activity.

9. DELETION AND DEACTIVATION OF USER ACCOUNTS.

The deletion of any content or information shared in the application is permitted, and BUBBO reserves the right to delete information that violates our policies or if the law requires it. 

Likewise, BUBBO reserves the right to disable or delete the account if the burdensome activity is repeated.

If it is the user who requests that the account be deleted, the deletion process will begin automatically taking no more than 5 days after sending the request. Once the process has started, it can take up to 20 days.

Content will not be removed within 365 days if other users used your content under that license and those people did not remove it. Nor will content be removed due to possible investigations of illegal activities, to protect the safety of our products, to comply with a legal obligation or request from a judicial authority. In these cases, the content will be retained for the time necessary for the purpose in question.

BUBBO will retain the depersonalized information after account closure for statistical purposes regarding the use of its resources and tools by users.

9.1 Conservation of personal data 

The personal data that the User has provided to BUBBO will be kept in the systems and databases of the Data Controller, as long as the User continues to use the APP, and as long as he or she does not request its deletion.

In the processing of personal data, BUBBO is committed to guaranteeing and protecting the public freedoms and fundamental rights of the natural persons in the files and, especially, their honor and family and personal privacy, obligating in this sense, to carry out the corresponding data processing in accordance with the regulations in force at all times and to maintain the most absolute secrecy in relation to the information provided by clients and users.

The security measures adopted by BUBBO are those required by the General Data Protection Regulation, in accordance with the provisions of its article 32. In this sense, BUBBO, taking into account the state of the art, the costs of application and the nature, scope, context and purposes of the processing, as well as the risks of varying probability and severity for the rights and freedoms of natural persons, has established the appropriate technical and organizational measures to guarantee the level of security appropriate to the risk. existing.

Although the Controller makes backup copies of the content hosted on its servers, it is not responsible for the loss or accidental deletion of data by Users. 

The personal data being processed will not be used for other purposes that are not included here or, where appropriate, for another document or contract that binds both parties with particular conditions. BUBBO, unless expressly consented by users and clients, will not make transfers or communications of data that are not provided for in art. 52 of the LOPD.

9.2 Conservation periods

The information collected from the interested party will be kept as long as it is necessary to fulfill the purposes for which the personal data were collected, so that, once the purposes have been met, the data will be canceled and deleted. 

 

 

10. USE AND RIGHTS OF THE CONTENT PUBLISHED BY USERS OF THE APP.

BUBBO allows the user to provide information and materials in the format of images, blogs, photos, videos or texts, as well as links to their repository platforms, of which the user will be the owner of all the rights that may fall on them. , without prejudice to the license granted to the application, worldwide and free of charge, non-exclusive, perpetual, irrevocable, transferable, without additional consideration to the User or third parties, for:

●    Reproduce, distribute, transmit, represent, exhibit, disseminate and communicate or make available to the public the work derived from the submission.

●    Exercise all trademark, advertising and other intellectual property rights related to the User's submission.

●    Use the user's name, photograph, portrait, image, voice or biographical information provided by the User to send communications of interest to the contractual relationship that is taking place between the User and BUBBO.

The application may control or evaluate shipments at any time, without prior notice, before or after they appear in the application, verifying whether the User has effectively obtained all the necessary rights and authorizations.