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The website located at http://www.smartick.com or http://www.smartickmethod.com, including any of its subdomains or sections (hereinafter, the “Website”) is operated by Sistemas Virtuales de Aprendizaje, S.L. (hereinafter “Smartick”), mercantile company incorporated in Spain and registered in the Mercantile Registry of Malaga, volume 4684, page 190, page number MA-102744, with N.I.F. number B-93020808 and registered office at Calle María Orueta 14, Urbanización El Olivar, 29140, Málaga. You can contact Smartick via email at [email protected] or by phone at +34 911 23 21 44, from 9h to 20h Monday to Friday.
These conditions (hereinafter the “Conditions”) govern the access, navigation and use of the website by its users (hereinafter, the “User” or “Users” as appropriate).
Access to and use of the Website assumes that the User fully accepts and agrees to comply fully with these Terms.
The user is authorized to use the Website only in accordance with these Conditions and with the instructions, recommendations or conditions that Smartick indicate in each case.
Also, the application is Privacy Policy with respect to the collection and use of personal data.
Smartick reserves the right to modify at any time and without notice the contents of the Website, including these Conditions or any other conditions, for this reason we recommend reading each before accessing and browsing the Website.
The User agrees to use the Website for private and domestic purposes only. Any commercial use of the Website by the user is unauthorized.
The User agrees not to use the website for fraudulent or negligent activity or in order to violate the law purposes and not to carry out any behavior that may damage the image, interests and rights of Smartick any third party.
The User agrees not to do anything that may damage, disable or overburden, impair or impede the normal use of the Website, affect their safety, or to prevent in any way the normal use thereof. In particular, the User agrees not to impersonate another user or person while using the Web Site. Access by robots, scripts or any other device, program or tool to access, copy or monitor any part of the Website, without prior permission of Smartick, is prohibited.
The User acknowledges and agrees that use of the Website is at all times their own risk and responsibility, so Smartick is not responsible for the misuse, abuse or use contrary to these Conditions that may be made of the Website.
The User shall be fully liable for damages arising to Smartick as a result of any use of the Website in breach of these Terms, and agrees to indemnify Smartick and its directors, employees, agents and representatives from any liability that may incurred as a result of the breach by the User.
Smartick does not guarantee the availability and continuity of the Website. If it is reasonably possible, Smartick will give prior notice of any interruption in the operation of the Web Site and the services offered through it. Smartick does not guarantee the use of the Website or services for a purpose or activity, nor its infallibility. To the extent permitted by applicable law, Smartick excludes all liability for damages of any kind that may be due to lack of availability or continuity in the operation of the Website and the Services.
Smartick is not responsible for damages that may result from, but not limited to, examples such as:
All of the above provisions shall apply to the maximum extent permitted by applicable law.
All of the above provisions shall apply to the maximum extent permitted by the applicable law. The inclusion of links on the Website does not imply any connection, recommendation or supervision by Smartick with regards to the destination page and therefore Smartick accepts no responsibility for its contents, except as expressly provided for in applicable law.
All rights of intellectual property (including the sui generis rights in databases) on the Website, its graphic design and source code, as well as the different elements included in it (not limited to : texts, graphics, logos, logos, icons, buttons, pictures, videos, sound recordings, etc.) are owned by or licensed to Smartick.
The use of the Website by the User in no way implies, by itself, the assignment or licensing of any intellectual or industrial property of Smartick or its licensors.
Under these Terms, and except in those cases where it is expressly authorized, User reproduction, transformation, distribution, public communication, availability, extraction and / or reuse of the Website or any of its parts is expressly prohibited.
The use of the Web Site is governed by Spanish law, unless any other applicable legislation is applied imperatively to the user.
In the event that any provision contained in these Terms is declared invalid, it will proceed to the removal or replacement of it. In any case, such invalidity shall not affect the validity of the remaining provisions in these Terms.
| Basic Information about Data Protection | ||
| Responsible | Sistemas Virtuales de Aprendizaje, S.L. | |
| Contact Data Protection | Avenida María de Orueta (Urb. El Olivar), 14, 29140, Málaga [email protected] | |
| Website and Applications | http://www.smartick.com http://www.smartickmethod.com http://www.smartickmethod.es http://www.smartick.es Aplicación Smartick iOS Aplicación Smartick Android | |
| Purpose and Legal Basis | Management, Presentation of Services and Dispute Resolution | Execution of Contractual Relationship |
| Improving Services and Preventing Fraud and Abuse | Legitimate Interest | |
| Sending news, gifts, discounts and relevant promotions | Legitimate Interest | |
| Answering Inquires and Requests | Execution of COntractual Relationship, Consent or Legitimate Interest as appropriate | |
| Data collection through cookies is not required for the service | Consent | |
| Recommendations to friends | Consent | |
| Recipient | We will share your personal data with service providers who help or support us, or those with whom we have a legal obligation. | |
| User Rights | You have the right to access, rectify, delete, object, request limitation or portability or not be subject to automated individual decisions of your personal data, as explained in detail bellow. | |
| Additional Information | Additional information about the Website can be found at: Legal Notice Política de Cookies | |
For the provision of services and management of the website www.smartick.com or www.smartickmethod.com, or of any associated site (hereinafter, the ‘Website’) and of the mobile applications associated with the Web Site (hereinafter, the ‘Applications’), Sistemas Virtuales de Aprendizaje, S.L. (“Smartick”) collects and processes personal data regarding the different cases determined in this Privacy Policy.
In its position responsible for the processing of personal data collected on the Web Site, Smartick informs the User that their address is located at Avenida María de Orueta (Urb. El Olivar), 14, 29140, Málaga.
The legal basis for processing personal data and the time period for keeping that data or the criteria used to determine the time period will be indicated in each one of the established cases in this Privacy Policy.
Smartick promises to take the appropriate security measures to guarantee an adequate level of security according to the applicable regulations at any time. To fulfill the purposes set out below, we may share the information provided or generated on our Website or the Applications with service providers who provide services on our behalf, such as payment service providers or hosting companies.
Please take note that some of our service providers can be located in countries outside of the European Economic Area that do not have data protection laws equivalent to those of the European Economic Area. Nonetheless, we offer the appropriate safeguards to ensure that your personal information is protected at all times in accordance with applicable law. In any case, you can get a copy of the applicable appropriate safeguards for your review upon request using the contact information provided at the beginning of this Privacy Policy.
Furthermore, we can report your personal information to third parties such as banks or public authorities or security or fraud prevention agencies, when there is a legal requirement, or a necessary requirement for contractual execution.
We can also report your personal data to Google + or Facebook if The User chooses to link these social networks with Smartick.
The User has the right to request a copy of any personal information that we have about them in our registry, and correct or update any erroneous or outdated information. The User can also request that we don’t send any commercial communication, the suppression of their personal data when, amongst other reasons, the data are no longer necessary for the reasons they were collected or, in their case, request the portability of their data. In determined circumstances, the User may request the limitation of or oppose the treatment of their data. Smartick will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. Likewise, the user has the right to withdraw their consent at any time, when this is the legal basis for the processing of their personal data. Finally, the User is entitled to the protection of the Spanish Agency for Data Protection, at www.agpd.es.
Any interested party who wishes to exercise any of the aforementioned rights shall do so at the following email address: [email protected], making clear reference in the message subject to the exercise of the corresponding right.
Smartick will answer the request addressed to it in any case, regardless of whether or not personal data in its files are affected. In the event that the application does not meet the requirements specified in the first paragraph, Smartick will request the rectification thereof.
Smartick collects personal data in the following instances:
The Website uses cookies, for two reasons:
Cookies are not viruses, do not generate pop-ups, and do not allow us to know any other information (personal or otherwise) that users keep on their computers.
Most browsers offer various options regarding cookies (for example, accept, reject, delete at the end of the session, etc.). If you choose not to accept cookies generated by this Web Site, your browser will consider each visit you make your first visit.
Smartick does not use cookies to associate navigation data with individuals who have not been previously identified.
The website collects the IP address of the users who access it. The IP address of each user accessing this website may not be the same every time. In addition, several users can share a single IP address.
Although Smartick does not, nor will not perform any work towards the IP address associated with specific individuals, the gathering of IP addresses can be considered processing of personal data under potentially identifiable character of the natural person who can be associated by IP, so in accordance with Data Protection Act, it shall be applicable as provided in this Privacy Policy.
You can find all the information about cookies, their names, and use here
The legal basis for the use of cookies by Smartick is your free and informed consent of the terms set forth and their applicable legislation.
Smartick will store the information on use of cookies during the necessary time for the provision of the services and in the case of cookies used for statistical purposes while the User does not withdraw their consent.
If it is reasonably necessary or required and as long as it is in order to comply with legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or to enforce Smarticks terms and conditions, Smartick may maintain certain information related to the User, even after having closed their account or withdrawn their consent.
During the registration process and delivery of Services, Smartick may process personal data provided by different users including, identifying data, payment date, performance and usage data from the Website and Applications.
The purpose for which the cited personal data is processed is for the management of monitoring the progress of the Student, the administrative management and nature of the contractual relationship, and, in general, the provision and improvement of the Services, including through the analysis and statisical investigation of the conditions and results of the use of the Services to resolve disputes, prevent fraud and abuse, as well as the sending of relevant and related news, gifts, discounts and promotions related to Smartick. At anytime, the user may stop receiving the listed communications by sending an email to [email protected].
Within the service provided, Smartick also allows students to connect and interact with each other through the Social Club where they can also access limited information from other students, for which it allows a student to consult, through an internal search engine, the user name provided during registration. Parents of students, whether primary or secondary Tutors, may limit access from their account on the Website.
Furthermore, Smartick allows the communication to the tutors of each student about their progress, and the aforementioned search function.
The legal basis for the treatment of the above data is the execution of the corresponding contracts or, where appropriate, the legitimate interest of Smartick in offering its services and in reporting news, gifts, discounts and relevant promotions relating to Smartick to users that do not oppose the receipt of this information. As minors, the personal data of minors is only processed when the corresponding Tutor, as the legal representative of the student, has accepted the contractual relationship with Smartick that requires such processing.
Smartick will keep the personal information of users while their corresponding account is valid. If it is reasonably necessary or required and as long as it is in order to comply with legal or regulatory requirements, or to enforce Smarticks terms and conditions, Smartick may maintain certain information related to the User, even after having closed their account or withdrawn their consent.
The name and email addresses of friends of Tutors will be collected in order for the Tutors to refer the Services to other people.
The legal basis for the treatment of the above data is the consent of the friends granted by the Tutors.
Smartick will keep the information of the friends of the tutors during the time necessary to fulfill the purpose for which they were collected and during the periods necessary to comply with the legal obligations that may result from application.
The data received by Smartick through the media enabled by the Services, in the form of its website, as well as the email address [email protected] and any calls received to Smartick contact numbers is used solely to respond to inquiries, suggestions, or complaints sent by customers and users of the Website.
Furthermore, calls to and through Smartick’s contact numbers will be recorded to manage requests and improve the quality of service.
The purpose of processing personal information is to manage such inquiries, suggestions, or complaints, and follow them up.
The legal basis for the treatment of the above data is the request from the User, the fulfillment of a contract or, where appropriate, the legitimate interest of Smartick in the management of its services.
Smartick will keep the users information for as long as it is necessary to attend to their queries, suggestions or complaints and perform a follow-up. If the user has subscribed to the Smartick newsletter, Smartick will continue processing their data for the sending of that newsletter. Likewise, Smartick may keep personal data during the periods necessary to comply with the legal obligations that may be applicable.
Smartick has a blog available where you can read articles about a variety of topics (teaching resources, addition and subtraction, probability and statistics, world problems, psychology). Additionally, you are able to comment on the posts and interact with other readers.
The data received by Smartick for the subscription and intereaction on the blog are utilized for managing the blog subscription, as well as to receive, publish, and in some cases, moderate the comments that are published. From Smartick, a comment or a user request will be responded to, as applicable.
The legal basis for previous data processing is the user’s request, the contractual relationship for the provision of services that binds us (even if the requested service is free of charge) or, where appropriate, Smarticks legitimate interest in the management of its services.
Smartick will save the user’s information for as long as it is necessary to receive and post a comment. Smartick will also be able to keep personal information during the periods necessary to fulfill the legal obligations that could apply.