These Terms and Conditions govern the use of the Multichannel Biometric Identification Service (hereinafter, the “Service”) B-FY.
These Terms and Conditions are addressed exclusively to registered users of third-party Platforms that integrate and make use of the B-FY Service on their Website or Mobile Application.
1. INFORMATION AND ACCESS
In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we detail below the details of the owner of the Platform:
We call "Users" of the Platform to any natural person registered with the B-FY Service through the Website or Third-Party Application (hereinafter the "Platform”) – Customer of B-FY. Anyone can register or use the B-FY Service provided that it is integrated and available on a third-party Platform, and the customer has authorised it.
The integration of the B-FY Service into third party platforms offers Users a biometric identification solution that uses the User's biometric data stored on their smartphone.
Registration for the User is free of charge according to the conditions stipulated in the "Services" and "Policies of Use" section of these Terms and Conditions. Once registered in the B-FY Service, you will be considered a User of the B-FY Service.
The User acknowledges and accepts that when entering transactions with third parties it does so at his own risk and that he will make an assessment of the risks he incurs when contracting the Service offered by third parties, keeping due proportion between the risk and the means selected.
The agreement between Users do not create any partnership, agency, franchise, or employment relationship between B-FY and Users. Users acknowledge and agree that B-FY is not a party to any transaction, nor does B-FY have any control over the quality, safety or legality of the third-party Service, the truthfulness or accuracy of third-party content, advertisements, and/or the third party's ability to provide such services.
2. PURPOSE AND OPERATION
The B-FY Service is a personal identification solution that uses the User's biometric data stored on their smartphone.
The Service has been developed by B-FY in order to provide Users with a technological solution integrated into third party platforms that uses the biometric data of the User stored on their smartphone or other device as a method of verification and identification of the User.
The technological solution offered by the B-FY Platform allows Users to identify themselves and interact quickly and directly on websites and platforms subscribed to the B-FY service without having to manually enter their identification data or personal passwords.
It is expressly stated for the record that B-FY only makes available to all its Users, a virtual service of cross identification of the User on platforms and websites of third parties that have integrated the Service. In the event that one or more Users or any third party initiates any type of claim or legal action against any User, each and every one of those involved in such claims or actions exempt B-FY and its directors, managers, employees, agents, operators, representatives and attorneys-in-fact from all liability.
3. ACCEPTANCE OF THE SPECIAL CONDITIONS
Access to certain content and use of the Service may be subject to certain special conditions, which, depending on the case, will replace, complete and/or modify these Terms and Conditions and, in the event of contradiction, the terms of the special conditions will prevail over the General Conditions.
Before using and/or requesting such specific services offered through B-FY, Users must carefully read the specific conditions created, where appropriate, for this purpose by B-FY. The use, reservation and/or request for such specific services implies acceptance of the specific conditions governing them in the version published by B-FY at the time of such use, reservation and/or contracting through the Platform.
All necessary information concerning the B-FY Service is available to the User on the B-FY website.
B-FY provides the User with the following technological solutions integrating its third-party Platforms.
As of the effective date of these Terms and Conditions, the Services offered through B-FY's technological solutions are as follows:
a. Multichannel Integrated Identification Service
B-FY's Multichannel solution offers a service to simplify the User's registration and login processes.
This solution allows the User to use their registration identification data linked to their user account through the use-verification system of biometric data and features stored on the User's trusted mobile device.
The Multichannel Integrated Identification service allows data to be recorded in online and offline environments through a triple verification system.
5. NEED FOR REGISTRATION
The User must register for the Service through the form provided through the third-party Platform that integrates the B-FY Service and must fill in the data required therein. By means of this registration procedure, the User will be able to start using the B-FY Service through the linking of their personal data and the biometric verification of their smartphone or device.
Users guarantee that their data will be accurate, current, and truthful. B-FY cannot guarantee the identity of registered Users and shall not be liable for improper or unauthorised use of a registered User by third parties. Likewise, the User guarantees that he/she has the particular conditions and qualifications required by the laws in force for the provision of the service offered through the Platform, B-FY is exempt from any type of liability relating to the specific qualifications and requirements demanded for the exercise of the profession provided through the Platform.
By virtue of the foregoing, Users must immediately notify B-FY by e-mail at the following address [email protected] any misuse of your User name and/or your biometric features, due to circumstances such as theft, loss or unauthorised access to your trusted mobile device, so that B-FY can proceed to its cancellation and blocking and/or disabling as soon as it becomes aware of the misuse of your credentials. Until such events are communicated, B-FY shall be exempt from any liability that may arise from the misuse of Usernames or biometric features of the User's trusted device by unauthorised third parties.
B-FY has the right to request any additional proof and/or data in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In cases of disqualification, they will be removed from the Platform, without this giving rise to any right to compensation.
B-FY has the right to refuse any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without giving rise to any right to compensation and/or damages.
6. USER BEHAVIOUR
Users undertake to make lawful, diligent, honest, and correct use of any information or content they have access to through the B-FY Service, and all of this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
In particular, but without limitation, Users shall not:
i. Register or communicate data that is not true, accurate, complete and/or up to date, or access the Platform using the name, identifying data or password of another User or impersonate any person or identity.
ii. Use the Platform for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
B-FY reserves the right to deny any attempt to access the Platform, cancel accounts, delete or modify content, or cancel the provision of Services in cases of improper use of the Platform.
7. USE OF THE PLATFORM AND LICENCE
The User also undertakes to refrain from using the Service for purposes or effects that are unlawful or contrary to the provisions of the Terms and Conditions.
B-FY grants the User a limited, non-exclusive, non-sublicensable, non-sublicensable, nontransferable and revocable licence to use the Service solely for personal and non-commercial purposes. Use of B-FY shall at all times be personal and in accordance with these Terms and Conditions.
The use of the Service for purposes other than those set out in these Terms and Conditions and the purpose of identification of the user on the Platform that integrates the Service is expressly prohibited. Therefore, B-FY accepts no responsibility for improper use or manipulation of the Service.
The Platform may provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions, and information belonging to B-FY or third parties to which the User may have access. The User assumes responsibility for the use of the Platform and undertakes to make lawful, diligent, honest, and correct use of any information or content accessed through the Platform, and all under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
As a matter of example, but not limitation, Users shall not:
i. Registering or communicating data that is not true, accurate, complete and/or updated, or accessing the Service using the name, identification data or access codes of another User or impersonating any person or identity. Likewise, the User is responsible for notifying B-FY of any modification and/or variation of any of the data communicated to B-FY.
ii. Maliciously or intentionally cause damage or harm that may undermine or alter the Service, or introduce or disseminate computer viruses that may cause unauthorised alterations to the content or systems of B-FY. The User shall not scan or test the vulnerability of any B-FY system or network, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used by B-FY to offer the Service through the Platform.
iii. Use the Service for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
iv. Reproduce, copy, distribute, transform, or modify, make derivative works, disassemble, decipher, decompile or reverse engineer any part of the B-FY Service, Software or technology that supports it, as well as the information and content hosted on the Service.
v.License, sell, rent, lease, assign, assign, distribute, transmit, host, outsource, disclose and commercially exploit the B-FY Service or make them available to Third Parties. vi. Copy or use the B-FY Service for any purpose other than as provided in this section.
Use the B-FY Service to send, use or re-use material that contains information that is unlawful, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening in any way, or that violates copyright, trademark or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content and generally any unnecessary annoyance or inconvenience.
vii. Download, post or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.
viii. Remove, alter or obscure any Legal Notice, Copyright Notice or Trademark of B-FY or its affiliates, partners, suppliers or licensors.
ix. Promote or encourage third parties to engage in or contribute to any of the above practices.
x. Send and/or upload:
Any content that the User uploads and/or submits through the Service shall be considered nonconfidential and B-FY has the right to use, copy and disclose to third parties such content for the purposes provided. B-FY has the right to disclose the identity of the same to any third party who claims that any content submitted constitutes a violation of their intellectual property rights, or their right to privacy.
B-FY shall not be liable to any third party for the content or accuracy of any content submitted. B-FY has the right to remove any content or advertisement submitted through the Platform at its sole discretion.
B-FY shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.
8. INTELLECTUAL PROPERTY RIGHTS
The B-FY Service including, but not limited to, its programming, editing, compilation and other elements necessary for its operation, designs, logos, texts and/or graphics are the property of B-FY.
Users acknowledge that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorised reference test results of any of the elements and utilities integrated within the development constitutes an infringement of B-FY's intellectual property rights, and consequently undertake not to carry out any of the aforementioned actions.
All the contents of the Service are duly registered and protected by Intellectual Property regulations, as well as being duly registered in the corresponding public registers. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialisation in any case requires the prior, express and written authorisation of B-FY.
The designs, logos, texts and/or graphics not belonging to B-FY, and which may appear on the website or in the application belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to the same.
The third-party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or contents included in the Platform have granted the corresponding authorisations for their reproduction, distribution and making available to the public.
Any suggestions, comments, ideas, improvements, or assessments (hereinafter "Suggestions") that you make to B-FY on the Platform shall be the sole and exclusive property of B-FY and B-FY may use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without any compensation to the User.
B-FY reserves the right to modify, suspend and/or discontinue, temporarily or permanently, the Service or any Service that is integrated and/or connected, with or without prior notice and without any liability to the User.
B-FY reserves the right to make updates and enhancements to the functionality or features of the B-FY Service, including security patches, bug fixes, upgrades, and other modifications ("Updates"). Updates may modify, add or remove features or functionality of the B-FY Service.
10. THIRD PARTY APPLICATIONS
The B-FY Service is integrated with applications, websites, and services of third parties (ThirdParty Applications) to make their products, services and content available to Users. These ThirdParty Applications may have their own Terms and Conditions of Use and Privacy Policies, and Users' use of them is governed by these. Users understand and accept that B-FY is not responsible for any service, application or third party content, including but not limited to the behaviour, integrity, characteristics, timeliness, validity, copyright compliance, legality, quality or any other aspect contained in the Third Party Applications used on the Platform, as well as any transaction outside the scope of activity of B-FY that may be made with the provider of such Third Party Applications.
B-FY makes Third-Party Applications available to the User solely for the convenience and integrity of the Service. Users access and use these Third-Party Applications at their own risk and subject to the terms and conditions of such third parties.
11. LIABILITY AND WARRANTIES
B-FY does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access to or use of the contents of the Platform. Among others, and by way of example and not limitation, B-FY is not responsible for the following circumstances:
i. The satisfaction of the User's personal needs or requirements in relation to the services and resources provided by B-FY.
ii. The lack of availability, maintenance and effective functioning of the Service and/or its services or content, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform.
iii. The lack of usefulness of the Service or the content for any service.
iv. The content of other Internet sites to which links may be provided on the Platform.
v. Liability to the User or any other person arising from the unavailability, maintenance, satisfaction, or personal requirements of the User in relation to the Service and resources provided by Third Party Applications.
vi. Incidents caused by a lack of due diligence on the part of the User or by improper use of the B-FY Service.
vii. Direct or indirect and/or intangible damages, including personal injury suffered as a result of misuse of the Platform. In no event shall B-FY be liable for any special, direct, indirect, consequential or incidental damages or any damages of any other nature, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Platform or the content thereof.
viii. Cases of force majeure, understood as the failure, suspension or interruption of the Service or use of the Website as a result of power restrictions, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of B-FY that prevent the normal use of the Platform.
ix. The information provided through the Service is for informational purposes only and BFY assumes no responsibility for any errors or omissions in the content of the Service. B-FY reserves the right to update, delete or modify the content of the Service at any time without notice.
x. Any defect, error or malfunction of the Service.
Consequently, B-FY does not guarantee that the use that Users may make of the content and services included on the Platform, if any, will comply with these Terms and Conditions, nor that they will do so in a diligent manner.
B-FY reserves the right of admission and exclusion from its Services at its own discretion. In particular, any User who does not comply with the rules contained in these terms and conditions or makes inappropriate use of the Service may be excluded from the Service.
B-FY reserves the right to remove, suspend, edit or modify the content of the Service at its sole discretion, at any time, without notice and for any reason whatsoever.
B-FY also reserves the right to read, preserve, disclose and access any information it deems reasonably necessary to (i) comply with applicable law or any judicial or governmental request or requirement, (ii) enforce these Terms and Conditions, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to requests for User assistance, or (v) protect the rights, property or safety of B-FY and its Users.
However, B-FY declares that it has taken all necessary measures, within its possibilities and the state of technology, to ensure the operation of the Platform and to prevent the existence and transmission of viruses and other harmful components to Users. B-FY does not guarantee that the Service is free of viruses or other harmful components.
a. User´s legal responsibilities to B-FY
a. Under no circumstances shall B-FY be liable for any damages and/or losses of any kind that Users may suffer as a result of or on the occasion of contracting with third parties, nor shall it be liable for the terms of contracting or use of services agreed between the User and third parties.
b. B-FY Service consists solely of offering a Service integrated into third party platforms that facilitates the process of identification of the User through biometric technology to third party providers of goods and services outside B-FY. Likewise, by accepting the service provided by B-FY, the User accepts and acknowledges that B-FY is not responsible for any act committed by Users and/or third parties, including but not limited to cancellations of Service contracts provided by third party companies or the cancellation of such services, delays, losses, lack of the corresponding registration for the practice of the profession, and others. Users accept that they are aware of and agree that by using the B-FY Service they assume the risks involved under their sole responsibility.
b. Suspension and cancellation of Service
B-FY may temporarily suspend access to the B-FY Service without prior notice for maintenance, repair, updating or improvement operations.
In particular, B-FY reserves the right to remove, limit or prevent access to the Service when technical difficulties arise due to events or circumstances beyond B-FY's control which, in its opinion, diminish or nullify the standard security levels adopted for the proper functioning of the Service.
B-FY is not responsible for the lack of availability, maintenance, and effective operation of the Platform, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform.
B-FY also assumes no responsibility for the cancellation or suspension of services on the Platform for reasons not attributable to it. In any case, B-FY undertakes to solve any problems that may arise and to offer all necessary support to the User in order to reach a rapid and satisfactory solution to the incident.
c. Force majeure
B-FY is not responsible for cases of force majeure, understood as the failure, suspension or interruption of the Service or use of the Service, as a result of blockage of the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond the control of B-FY that prevent the normal use of the Platform.
The B-FY Service may contain hyperlinks that allow the User to access third-party platforms or websites. B-FY assumes no responsibility for the content, information or services that may appear on such platforms, which are offered exclusively for information purposes by B-FY, and in no case imply any relationship, acceptance or endorsement between B-FY and the persons or entities holding such content or owners of the sites where they are located.
In these cases, B-FY shall not be responsible for establishing the General and Specific Terms and Conditions to be considered in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them. Some of the links in the Service may be "affiliate links", i.e. links with a special tracking code. Therefore, if such a link is clicked on and a product is purchased, B-FY will receive a commission. The price of the product will always be the same regardless of whether an affiliate link is used or not. In any case, B-FY only recommends products or services that it considers to be of value to its users.
B-FY has neither the power nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the Platform. Consequently, B-FY cannot assume any type of responsibility for any aspect relating to the websites to which a link may be established from the Platform, specifically, but not limited to, their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general.
However, in the event that B-FY becomes aware that the activity or information to which the links refer is unlawful, constitutes a crime or could damage the property or rights of a third party, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.
Users shall hold harmless and indemnify and hold B-FY harmless from all damages, liability and expenses that may arise as a result of third party claims against B-FY, and/or its officers and/or representative and/or employee from any charges, claims or demands, including but not limited to legal expenses incurred, resulting from any misuse of the Service that B-FY provides or in violation of these Terms and Conditions.
B-FY will promptly notify them of any claim, action, or process through the data they themselves have provided at the time of registration for the B-FY Service. By accepting these Terms and Conditions, Users acknowledge and accept that B-FY has no direct or indirect liability in relation to the Service contracted between the User and third parties.
13. DURATION, TERMINATION, WARRANTY TERMINATION, MODIFICATIONS AND GUARANTEE
The Terms and Conditions that are published at the time the User accesses the B-FY Service shall be deemed to be in force. These Terms and Conditions shall remain in force and binding on the User and B-FY until terminated by the parties.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining terms and obligations remain in full force and effect and enforceable.
B-FY may delete, modify, or replace the contents of this document at any time, by publishing or sending a notification through the B-FY Service integrated in third parties or by e-mail, without the User being able to claim any compensation whatsoever.
B-FY may at its sole discretion, at any time and for any reason, suspend or terminate these Terms and Conditions with the User.
Likewise, B-FY might suspend access to and use of the Service in the event that the User infringes, violates or breaches these Terms and Conditions. Suspension and/or termination of the B-FY Service shall in no way limit the legal obligations and rights to withhold data or information in the event of a request by a competent authority to that effect.
The B-FY Service is provided "AS IS", "AS AVAILABLE" and with all faults and defects, without warranty of any kind. B-FY, on behalf of itself and its affiliates, licensors, and service providers, to the fullest extent permitted by applicable law, expressly disclaims all warranties express, implied, statutory or otherwise with regard to the Service, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, or which may arise in the course of performance, use, dealing or trade practice. Notwithstanding the foregoing, BFY makes no warranty, commitment, representation or guarantee that the Platform will meet your requirements or needs, achieve the expected results, be compatible or work with any other software, application, system, or service, operate uninterruptedly, meet performance or reliability standards, be error free and/or that errors and bugs that may arise will be corrected.
In addition, neither B-FY nor its suppliers make any representation or warranty, express or implied: (i) the operation or availability of the B-FY Service, its information, content, or materials and products included therein; (ii) that the B-FY Service will be uninterrupted and error-free; (iii) the accuracy, reliability or currency of any information or content provided through the B-FY Service; or (iv) that the B-FY Service, its servers, content, or e-mails sent from or on behalf of BFY are free of viruses, scripts, Trojan horses, computer worms, malware or malicious software, time bombs and other harmful components.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitations on consumer's statutory rights, in which case some or all of the above exclusions and limitations may not apply to you.
14. DATA PROTECTION
B-FY respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation, and acts as Data Processor for the provision of its service, for which it needs to make use of the following personal data of its users:
B-FY may translate these Terms and Conditions or any other policy that may be published on the Platform. The English version shall prevail in case of conflict with other translations.
16. OUT-OF-COURT SETTLEMENT OF DISPUTES
For the resolution of any discrepancy, question or claim arising directly or indirectly from the interpretation or execution of these Terms and Conditions, the parties waive any jurisdiction that may correspond to them and submit to the jurisdiction of the Courts and Tribunals of the city of the User's domicile.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, B-FY informs you that, in the event of a dispute, Users resident in the European Union may resort to the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to settle out-of-court any dispute arising from the provision of services by B-FY.
The User can access the "Online Dispute Resolution Platform" through the following link: http://ec.europa.eu/consumers/odr/