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1. General terms of use and conditions

1.1. Introduction

This document contains urbiThings (hereinafter, the “Service”) terms and conditions of use. Describes the form and conditions governing the contracting and use of the Service by the Organization Accounts (“Accounts”) of all kinds.

In addition, it contains the privacy policy of the Service, which establishes not only the conditions that the Service complies with in order to process personal data in accordance with the legislation, but also the provisions and precautions the Accounts must observe when using the Service to satisfy current regulations.

Both the terms and conditions of use and the privacy policy will be referred to, hereinafter, jointly, the “Terms”. They are formalized in two languages, Spanish and English, and the Spanish version will prevail in case of discrepancy. Therefore, if you do not agree with the Terms or for any reason do not comply with them, you must immediately cease browsing and refrain from using this website in any way.

The acceptance of the Terms constitutes a contract for the provision of services between an Account and Arnaiz Urbimática, S.L. (“Urbimática”), a Spanish company with registered office in c/ Méndez Álvaro, 56, 28045, Madrid, tax identification number B84439421, registered in Registro Mercantil de Madrid tomo 21.775, folio 138, sección 8ª, Hoja M-387862, inscripción 1ª.

Following this, before specifying the Service regulatory provisions and the exposure of the privacy policy, a brief explanatory introduction of its key concepts and basic operations is included.

1.2. What is urbiThings?

urbiThings, owned by Urbimática, is a cloud computing platform intended for the publication and management of data linked to the territory (the “Content”). The Content is uploaded to the platform by Accounts separated from Urbimática, under its sole responsibility, according to the conditions established in these Terms.

Following the model of Software as a Service (SaaS), the Service has been designed to be accessible through a web browser (e.g. Internet Explorer, Mozilla Firefox, Google Chrome, Safari) and through any type of device with internet connection (e.g. desktop and laptop computers, tablets, smart phones, etc.).

1.3. Who can use urbiThings?

urbiThings is an open and free geospatial information service, accessible just typing http://urbithings.com.

The access to its editing and sharing features depends on registering an Account. Any Account can register in urbiThings free of charge. Once the data storage and publishing service threshold is exceeded, urbiThings will become a payable Service for the Accounts and a regular service fee will be required.

1.4. What is urbiThings for?

urbiThings allows the Accounts to configure several services under their exclusive responsibility:

  1. Geoservices Catalogue: comprises connexions to servers and data catalogues belonging to organisms that publish their Geoservices in open-access. It is a free service that allows anyone to consult thousands of active Geoservices grouped by themes.
  2. Datasets: feature that allows create, store and share Content to make it publicly available through internet. It is a non-transactional collaborative model of Content exchange.
  3. Urban inventories: feature that allows managing instruments (plans and projects) and administrative records associated to Territory. It is a controlled and transactional collaborative model of Content exchange.
1.5. Service key concepts
  1. Organization Account: entity or social group with similar interests in sharing spatial information through the Service.
  2. Team: group of Accounts that share Contents and mutually cooperate.
  3. Lead Account: the one that leads a Team and there can be only one per Team.
  4. Member Account: rest of the Accounts that compose a Team. A Team might have an unlimited number of Member Accounts.
  5. Account Access: Service connection through credentials to enter an Account data and features. An Account might have an unlimited number of Accesses.
  6. Administrator Access (“Administrator”): holds the entire permissions within the Account. It is the first Access created in the Account.
  7. Content: set of information or data uploaded to urbiThings by the Accounts. It is composed of Datasets, Geoservices and any files uploaded and published through the Service.
  8. Territories: spatial locations that allow filtering the search for Content.
  9. Account Code: every Account has a unique identifier or Code, which is necessary to request Acceses to its Administrator.
  10. Datasets: spatial data collection uploaded to urbiThings in order to visualize them and create Geoservices.
  11. Geoservices: spatial data services configured on demand by the Accounts or third parties. There are three types: i) Maps; ii) GeoReports (e.g. urban conditions files); iii) Addresses (e.g. object location services).
  12. Content Visibility and Use: condition that enables or restricts the interaction with Accounts Content. It is based in Creative Commons Licences.
  13. Usage limits: computable billing units for budgeting the cost of the Service (e.g. number of Map Services published).
  14. Commercial purposes: objectives to achieve an economic benefit.
  15. Payment method: mechanisms based on bankcards (credit and debit) and bank accounts (PayPal and similar).
  16. Service Plans or Plans: subscription options to the Service collected on the web https://info.urbithings.com/en/inicio/precios/.
  17. Request: Service subscription form to register an Account and its Administrator.
  18. Public access sources: open-access files feeds that anyone can consult without restraints.
  19. Instruments: public or private nature documents whose provisions have an impact on the territory (e.g. plans, projects, programs, administrative records, reports, etc.).

Interactions between the previous concepts:

  1. The Accounts name are unique, there cannot be two with the same name.
  2. Accesses identifiers are unique; there cannot be two with the same credentials even though they belong to different Accounts.
  3. The Accounts may publish data in any Territory of the world.
  4. The Accounts will decide the Visibility for every single part of the Content.
1.6. Types of Accounts

The type categorizes each Account according to its nature. There are several types:

  1. Public: Administrations and agencies, companies or institutions, in which the public authorities exercise, directly or indirectly, a dominant influence.
  2. Private: companies, institutions and non-commercial entities (e.g. foundations, associations).
  3. Social communities: collaborative groups of individuals interested in working and sharing spatial data. They may consist of one single Administrator and a shifting number of Accesses (from none to unlimited).
1.7. Types of Accesses

Every Account may arrange its Accesses following one of these roles:

  1. Administrator: beginning Access and capable of exercise any task assigned to an Account. The Accounts must have only one Administrator permanently.
  2. Coordinator: supporting Access in charge of Content supervision and internal management. Administrator may create as many Coordinators as necessary.
  3. Editor: Access responsible for generate Content within the Account. Administrator or Coordinator may create as many Editors as necessary.
1.8. Types of territories

urbiThings contains the following types of Territories:

  1. Administrative: areas over which an Account holds the ownership of a certain administrative competence.
  2. Protection: areas subject to some protection regime and that managed by an Account.
  3. Geographical: areas based on universally recognized geographical boundaries. 
  4. Economic: areas comprising different Administrative Territories that agree on a common regulatory framework in economic matters.

2. Terms for Accounts

2.1. Register an Account

The collaborative nature of the Service is based on Accounts. To be able to use all of the Service functionalities it is necessary to belong to an Account. There are two possibilities:

  1. Account IS registered, in which case the inclusion in the Account may be requested as described in provision 4.2 of this Terms.
  2. The Accounts is NOT registered; in that case, it is necessary to register a new Account.

To register an Account it is essential to fill out urbiThings registration form. The phases of the registration process are:

Request    >    Processing     >    Consent     >    Acceptance     >    Activation

Account and Administrator registration are made simultaneously. Therefore, the process involves the creation of the following:

  1. An Account: the Service automatically assigns an exclusive identifier or Code, used to incorporate new Accesses within the Account;
  2. An Administrator Access within the registered Account. It allows creating, altering, eliminating and processing new Accesses within the Account.

To register Accounts and Accesses, the Service request only the necessary data for identification and e-mail validation. In case of contracting one of the Service Plans, supplementary data will be requested to the Account.

After the registration is done, the Account has the following obligations (in addition to those contained in these Terms):

  1. Keep updated its own information, which must be true and accurate;
  2. Notify immediately through the support email address: [email protected] any unauthorized use of the Service or the Account or any other contingency that may involve risk or damage to the Service, Urbimática or other Accounts.

In case of the Administrator wishes to transmit his/her role, he/she must notify it through the aforementioned email. He/she must indicate in the email subject “Administrator Role Transfer” and in the content the name, surname and email account of the substitute.

The Account is the sole and exclusive responsible for the Content that is uploaded, publicly released or shared through the Service, in accordance with provision 2.4 of these Terms.

Registration through bots or other automated means is not authorized.

The responsibility for maintaining the Accounts security and its passwords, including how is used the Service, regardless of whether it is authorized or not, corresponds exclusively to the Account as a whole. For this purpose, the Account expressly excludes Urbimática from liability for any damage or loss caused by the breach of those enforceable obligations.

The Accounts must remain active so they must log in once, at least, in a period of one (1) year. Otherwise, inactivity will be notified by email and Urbimática reserves the right to suspend or cancel the Account.

2.2. Electronic communication channel

For a proper Service performance, it is strictly necessary to have a communication channel through the email address provided. This channel will serve to report updates, new functionalities, Terms violations, notifications, satisfaction surveys, etc. If you do not accept it, you will not be able to use the service properly.

The electronic communications shall be considered as delivered and received, the same day of its reception in Urbimática servers, unless otherwise notification. Any deadlines content in these Terms will begin to run ON THE NEXT DAY to the day a notice or other communication is received.

Urbimática reserves the right to suspend or cancel an Account when urbiThings mandatory answer communications remain unattended, within thirty-(30) calendar days maximum after notification.

2.3. Content

Datasets, information, electronic documents uploaded, Geoservices configured by Accounts and any other data managed by them, form the Content.

Any Content upload by Accounts is in their sole responsibility and is not used for any other purpose without their consent. Urbimática does not control, supervise, verify or approve the Content stored in the Service, unless being requested by any competent authority. Urbimática, in case of having effective awareness that the Content upload to the Service is illegal, offensive, threatening, insulting, obscene or malicious, reserves the right to eliminate it and suspend or eliminate any Account, as soon as have effective knowledge of it.

Any other data or element displayed or used in the Service not included in the Accounts Content, such as texts, images, videos, maps, software or source code, among others, is owned by Urbimática and/or of third parties and is subject to the corresponding rights of intellectual or industrial property.

2.4. Responsible for the Content

The Accounts are responsible for: (i) every Content uploaded to the Service; (ii) ensure to have the Content exploitation rights necessary for upload it to the Service, (iii) guarantee that Content does not infringe the rights of third parties or is contrary to law, morality or to public order.

The Accounts declare to be (and will continue to be while using the Service) the owners of or held proprietary rights in relation to intellectual property identified herein, to legally upload Content to the Service. For these purposes, “Intellectual Property” means all technology, know-how, databases, trade secrets -according to the definition given by Directive (EU) 2016/943 of the European Parliament and the Council of June 8, 2016 relating to the protection of undisclosed technical information and business information (trade secrets) against unlawful acquisition, use and disclosure (the “Directive 2016/943”) – related or used in any way to generate the Content introduced in the Service. Intellectual Property also includes:

  • computer programs, their codes (source and object), their updates, their improvements, their modifications (whether derived from preventive, corrective, adaptive or evolutionary maintenance) and any technical or user documentation or utilities related to those computer programs;
  • all patents and licenses, as well as patent requests.
  • every intellectual property rights (copyright) and related rights (other intellectual property rights), as well as their registration requests, and any other intellectual property rights.
  • every domain names, trademarks, trade names, service marks, utility models, topographies of semiconductor products, designs and drawings, corporate identification and any other industrial property rights (including any registration and registration request of intangible titles or elements), as well as any intangible assets likely of generating economic performance related or used to generate the Content.

The Service allows the Accounts to publish their Content based on its Visibility, which can be:

  1. Public: no access restrictions, the Content is available to anyone using the Service.
  2. Inside the Account: access restricted to the Account members.
  3. Inside the Team: access restricted to Team members.

The Accounts agree to license the Content they upload, create and redirect for sharing and reusing it. The license granted by the Accounts will correspond to one of Creative Commons (CC) licenses. The acceptance of these Terms implies that every Account expressly agrees to license the exploitation of its Content to Urbimática and to anyone who uses the Service with the necessary permits, with one of the following licenses:

A. Public domain: content not subject to copyright. Anyone can use it freely for any purpose without the need to request permission from the author.

B. Attribution (CC BY): the Account grants the right to copy, distribute, display, represent and make derivative works of the Content provided if the Content is acknowledged and cited in the manner specified.

C. Attribution – Share Alike (CC BY SA): the Account grants the right to copy, distribute, display, represent and make derivative works of the Content allowing the distribution of the derived Content with an identical license as the original Content.

D. Attribution – Non-Commercial (CC BY NC): the Account grants the right to copy, distribute, display, represent and make derivative works of the Content for non-commercial purposes only.

E. Attribution – No Derivs (CC BY ND): the Account grants the right to copy, distribute, display and represent the Content but not to produce Derived Content.

F. Attribution – Non-Commercial – Share Alike (CC BY NC SA): the Account grants the right to copy, distribute, display, represent and make derivative works of the Content allowing the distribution of the derived Content with an identical license as the original Content and only for non-commercial purposes.

G. Attribution – Non-Commercial – No Derivs (CC BY NC ND): the Account grants the right to copy, distribute, display and represent the Content for non-commercial purposes but not to produce Derived Content.

Any consequences derived from granting any CC licenses will be exclusively at the Account own risk. The Accounts exclude Urbimática from liability for any loss, elimination, modification or disclosure resulting from the use of the Service.

The Accounts belonging to the public sector may allow reusing the Content uploaded to the Service. In case of reusable Content includes rights of third parties, the Accounts must obtain the mandatory and sufficient authorization by its holders. Specifically, regarding to personal data, the Account is exclusively responsible for the Content uploaded to the Service and assumes the obligation to anonymize or hide them prior to any access by third parties or reuse (or both). In no case the Account will transfer to Urbimática any responsibilities that may arise from the Content including personal data, since the Account is the sole and exclusive responsible for the Content.

The Content uploaded to the Service by any Account coming from public access sources, electronic sites, open data catalogs, corporate web pages and any other public repositories, may be kept accessible to third parties, even if the Account would have stopped using the Service. The decision to keep this Content accessible will correspond to Urbimática.

When the Accounts store, use or transmit Content, they become the sole and exclusive responsible for any infractions of the law or these Terms. Urbimática will respond to any requests received concerning to alleged rights infringements committed through the Service, and reserves the right to eliminate or disable the Content, as well as the right to cancel the Account (s) and to claim damages for breach of rights of Urbimática or third parties.

The Accounts agree to indemnify Urbimática and related entities regarding any damages and liabilities that may arise from the use of their Content. This indemnity bond will cover any costs, expenses, fines, damages caused to Urbimática, including the fees of lawyers, experts, solicitors and any other expenses in which Urbimática and related entities may incur to defend its position or to negotiate with any third.

The Accounts recognize and understand that by using the Service, they may be exposed to Content that is objectively inaccurate, offensive, indecent or questionable. Under these Terms, the Accounts renounce to exercise any right or legal action that may correspond against Urbimática regarding to any Content.

2.5. Where the Content is stored and limitations

The Service run in servers owned by Urbimática, and they are exclusively dedicated for it and located in Madrid (Spain). By accepting these Terms, the Accounts:

  • Agree that the storage of the Content is made on those servers located in Spanish territory.
  • Expressly agree that the location of the servers in Spanish territory does not prevent that, depending on the Content’s Visibility, other Accounts with an Internet connection may consult it without geographical limitations.
  • Expressly agree to exclude Urbimática from liability for the extraction, reuse, processing or any other treatment of the Content that may be carried out by other Accounts.

Those Accounts to which legal regulations do not allow hosting Content outside their dependencies must subscribe a specific agreement that enables uploading a certified copy of the Content, electronically signed and with corresponding metadata.

2.6. Obligations of use

Using the Service, the Accounts undertake to comply with these Terms, the current regulations, as well as the agreements with third parties that apply. The Accounts are solely responsible for their acts and omissions in the use of the Service. Any misuse or illegal purpose shall be considered cause for contract termination and will result in the cancellation of the Account, with its respective Accesses, without prejudice to Urbimática’s right to claim for damages.

The Accounts expressly commit themselves not to harm, encourage or assist third parties to damage the Service, as well as not to use it to damage or interfere with third party services. The Accounts will make reasonable efforts to prevent any misuse or use by unauthorized third parties, as well as immediately notify any incident of this type through the Service support email: [email protected].

The Accounts agree not to use the Service and ensure it shall not be used to: (i) damage, threaten or harass any person (s), Account (s), Urbimática, or urbiThings and/or to create a website similar to the Service ; (ii) damage, disable, overburden or impair the Service (or any computer network related to it); (iii) reproduce, duplicate, copy, (re) sell or (re) distribute any portion of the Service, its use or credentials to access it; (iv) use any unauthorized means to modify, redirect or obtain access to the Service or attempt to perform these activities; (v) use the Service to attempt to gain unauthorized access to other accounts or other computer networks; (vi) use any automated process (such as robots, spiders, browsers, data mining tools, scrappers, or periodic caching of information stored by urbiThings) to access or use the Service or to exploit or analyse any Content transmitted, retrieved from, or stored in the Service; (vii) exceeding the limits of use of the Plan that has been hired – in that case, the Accounts expressly acknowledge that they will either pay additional fees, or restrictions will be applied in their Account to compensate for the excess of use-; (viii) use the Service to violate any law, to develop or implant a virus or to provide malicious content; (ix) copy, use, distribute, store, publicly communicate, reproduce, transform, distribute, or disclose information or Content to which you have no right or infringe any rights (e.g. protection of personal data, intellectual property, industrial property, industrial secret, etc.); (x) carry out hidden activities without obtaining consent (such as downloading components or other software); (xi) represent or falsify an affiliation, association, membership or union with any person or entity; (xii) use Content in any unauthorized manner; (xiii) achieve objectives that would otherwise require considerable safety precautions (e.g. uses of the Service Products in relation to the operation of emergency services, air traffic control, mass transport systems or nuclear facilities) , etc.).

In accordance with our obligation to protect the Service for proper functioning, as well as to protect our customers and to ensure compliance with these Terms, we retain the right to block or prevent the delivery of any type of file, email or other communication towards or from the Service and to limit the upload of files due to size.

2.7. Limitations of use

The acceptance of these Terms does not grant the Accounts any property rights over the Service or its elements. By accepting these Terms, the Accounts expressly agree not to acquire any other right apart from use the Service, without being exclusive, and always within the limits of the contract signed with Urbimática. In no case, the Accounts may transfer the right to use the Service without Urbimática prior written consent.

Once registered, each Account will be granted a non-exclusive, revocable, non-transferable and temporally indefinite license, which entitles to use the Service according to the limitations set forth in these Terms.

The Service can be used: (i) for non-commercial purposes; (ii) for a public or private commercial purpose, with public access and with or without economic charge; and (iii) for use in mobile applications.

The Service can collect and process anonymized information about mobile object locations to locate them on maps.

2.8. Terms modifications

Urbimática reserves the right to modify these Terms at any time.

Modifications to these Terms will be notified by email. If the Accounts do not accept the modifications made to the Terms by timely acceptance, within fifteen (15) calendar days from receipt, the Service will be suspended. In case of within thirty (30) calendar days from receipt the modification of the Terms will not be accepted, the Account will be discharged from Service, without prejudice to the payment obligations that remain in force.

We will release the most current version of these Terms in https://info.urbithings.com/es/Legal. All changes will be effective from the day following their publication, unless a later date is specified.

Urbimática will not be liable to the Accounts or to third parties for any modification or change in these Terms or in urbiThings rates.

2.9. Confidential information

The Accounts accept that any information related to financial, commercial, technological, technical, and/or industrial aspects or of any other nature, provided to them by Urbimática while contracting  the Service, or in its case, of the agreements that are reached (regardless of the medium or content type), that is not in the public domain or public knowledge, will be considered confidential. Any industrial secrets belonging to the parties will also be confidential information, according to European Directive 2016/943 provisions.

The absence of confidentiality watermarks in the information, whatever its medium, does not preclude it from being considered as confidential or secret. The Accounts expressly undertake to carry out strict custody of confidential information, as well as not disclose it or provide it, completely or in part, to third parties, without prior, express and written consent of Urbimática.

Confidentiality obligation will not be applicable in the following cases: (i) information that is in public domain; (ii) information held by the recipient, not subject to secrecy or confidentiality obligations of any kind, and obtained legally from a third party; (iii) information that must be disclosed under current regulations or competent authority or courts of justice provisions; (iv) information previously known by recipients without infringement of duty of secrecy, these Terms or any other regulation; (v) information formed from other sources than those considered confidential.

Confidentiality obligation contained in these Terms will continue while the information remains confidential or secret. The breach of confidentiality obligation will empower the aggrieved party to claim for damages.

2.10. Service suspension and cancellation

The Accounts may unsubscribe the Service at any time, without prejudice to their payment obligations. In no case, apportioned refunds will be made despite the withdrawal from the Service take place within an unfinished billing cycle.

The non-exclusive license to use the Service will be revoked automatically for any infringement of these Terms. As a result, the Service will be cancelled and its use stopped immediately.

In addition, Urbimática reserves the right to suspend or cancel access to the Service at any time and in its sole discretion, with the obligation to notify the Administrator with a minimum of fifteen (15) calendar days prior to the expiration date of the billing cycle in progress.

The Accounts declares to know that will not have access to their Content stored in the Service, if their Accounts are permanently suspended or cancelled. In case of need to retrieve their Content, the Accounts shall place the arrangements to copy or download it excluding Urbimática from any liability for this reason.

The Accounts agree to exclude Urbimática and related entities, from liabilities, under any circumstances, for the loss, destruction, alteration, or modification of the Content, due to the Service suspension or cancellation. Likewise, the Accounts declares to know that Urbimática and related entities are not obliged to store the Content or to provide copies or reproductions in any form.

Every Account that holds information belonging to urbiThings or owned by Urbimática by the time of suspension or cancellation of the Account, it must proceed to return it or delete it immediately, at the request of Urbimática, within the maximum term of five (5) calendar days.

2.11. Service Updates

urbiThings may deploy necessary modifications, updates or improvements to the Service at any time. It may also add or remove functionalities or features, and even suspend or provisionally stop the Service in its entirety. All these activities will be, when necessary, conveniently notified in advance to the Administrator.

2.12. Third-party products or services

urbiThings may make available to the Accounts third-party applications, services or other products complementary to the Service (“Third Parties Products”). These Third Parties Products are not necessary to use the Service. Their use build a relationship, exclusively, between the Accounts and the corresponding third parties. Urbimática stands aside and, therefore, does not grant any guarantees nor assumes any responsibility for Third Parties Products.

For any incident related to Third Parties Products, the Accounts must get in contact with the holders of the corresponding services.

By accepting these Terms, the Accounts exclude Urbimática and any other entity related to it, from liabilities for any damages or eventualities that may arise related to Third Parties Products. In addition, Urbimática will not be responsible for the inability to display redirected Content to third parties URLs that change or become non-operational.

2.13. Arnaiz Urbimática rights

Every element of the Service included, among others, logo, interface design, texts, software, base settings, graphics, display settings, as well as urbiThings confidential information belong to Urbimática or related entities (e.g. suppliers, subsidiaries or licensors, among others).

By the acceptance of these Terms, the Accounts undertake not to:

  1. Eliminate, darken or blur any product identification label that exists within the Service.
  2. Use any trademark, urbiThings logo or other brands associated to the Service without the prior express written consent of Urbimática and third parties.

Urbimática or its licensors, own and reserve all the rights and titles in the Service and all hardware, software and other elements or Third Parties Products related to it, without prejudice of non-exclusive license to use the Service granted to each Account under these Terms.

The Accounts declare not to be receivers of any property title or patrimonial rights related to the Service or its confidential information.

Urbimática is open to the Accounts comments, suggestions or recommendations about the Service (e.g. modifications, improvements, optimizations, etc.), (the “Contributions”). They grant Urbimática any exploitation rights (e.g. with an illustrative and non-limiting character, reproduction, distribution, public communication and transformation) that may apply without territorial or temporal limitation.

The Accounts with reference to the Contributions declare that: (i) do not contain confidential or privileged information or infringe rights of third parties; (ii) Urbimática is not under any obligation of confidentiality, express or implicit, regarding to them; (iii) Urbimática may be evaluating the possibility or developing similar functionalities; (iv) the Contributions automatically become property of Urbimática with no related obligations; (v) the Accounts are not entitled to any justification, compensation or reimbursement of any kind and in no case.

The Accounts expressly agree to indemnify Urbimática and related companies for any damages, losses and liabilities, which may arise from the falsity of any of the foregoing statements, or from using the Contributions by Urbimática and related entities. This indemnity guarantee will cover any costs, expenses, fines, damages caused to Urbimática, including lawyers fees, experts, solicitors and any other expenses in which Urbimática and related entities can perform to defend its position or to negotiate with any third party.

2.14. Service provision conditions

To the extent that they are legally protected, Urbimática and the service providers associated to the Service: (i) provide the Service “as is”, “with all its faults” and “as available”; (ii) do not extend any representation or warranties or conditions either expressly or implicitly (warranty of merchantability, satisfactory quality, suitability for a particular purpose or non-infringement); (iii) do not guarantee that the Service will be uninterrupted, free of errors or free of malicious components, or that the Content will be safe, or in any other way that will not be lost or damaged; (iv) do not guarantee the results obtained from the Service or from the data and sites of third parties included in it, in terms of suitability, reliability, correctness, accuracy and veracity.

2.15. Compensation and indemnity guarantee

The Accounts agree to indemnify Urbimática and related entities (subsidiaries, resellers, employees, agents, suppliers or licensors) for any claim or demand that may be brought by third parties for the use of the Service, the violation of these Terms or the infringement of third parties rights. Specifically, the Accounts expressly agree to exclude Urbimática and the aforementioned entities from liabilities -real or potential- for: (i) industrial and intellectual property rights, property infringements rights or disclosure of a commercial secret (inasmuch as disclosure is not the result of the correct use of the Service); (ii) regulations infringements by the Accounts and Accesses; (iii) misuse of the Service by third parties based on the absence of reasonable measures to protect the Accounts credentials; (iv) any other actions contrary to contractual provisions, the law, good customs or public order.

This indemnity guarantee will cover any costs, expenses, fines, damages caused to Urbimática and related entities, including lawyer fees, experts, solicitors and any other expenses in which Urbimática and related entities can perform to defend its position or to negotiate with any third party.

2.16. Liability limitation

The Accounts expressly accept that Urbimática and related entities (subsidiaries, resellers, employees, agents, suppliers or licensors) would not be responsible for any damages derived from using the Service, regardless of the manner.

In any case, Urbimática and related entities entire liability associated to the Service will be limited up to: (i) either one and a half (1.5) times the amount of the last monthly fee the paid by the Account; (ii) or one hundred dollars (100 USD) or its equivalent in euros. The Accounts agree that Urbimática entire responsibility in no case exceed previous amounts, and expressly waive claim against Urbimática for higher amounts.

Liability limitations contained in these Terms apply to the Accounts to the maximum extent permitted by current regulations.

2.17. Applicable law and jurisdiction

Spanish law governs these Terms.

The Accounts must comply with all laws, and local and international regulations, including those related to intellectual property protection, personal data protection and information society provision of services, among others.

Regardless of where the Accounts are established, the acceptance of these Terms submit all parties to the jurisdiction of the courts of Madrid (Spain) for any questions related to the interpretation and fulfilment of these Terms, expressly waiving any other jurisdiction that could correspond.

2.18. Service free trial

The Accounts may sign up for the Service temporarily, through a trial period of thirty-(30) calendar days starting when creating the Accounts.

If the trial period is in force, it may be withdrawn at any time until the last day of validity.

The Accounts interested in cancel test accounts, shall withdraw authorisation before 12:00 a.m. of the thirtieth day of testing, by accessing the Account Profile within the Service.

In case of the Account does not cancel the trial account as set out in this section, the Account will upgrade to a paid subscription when the trial period ends. Therefore, as of the end of trial period without revocation, Urbimática will be authorized automatically to charge, in the Account payment method, the cost of the corresponding Service.

2.19. Rates

In case of subscription to the Service, the Accounts agree to pay the rates, (“Rates”) quoted when selecting one of the Service Plans.

The Accounts are responsible for all charges associated to the use of the Service (e.g. data charges and currency exchange settlements, among others). The Accounts will pay the Rates in the currency used by Urbimática to quote the Service at the time of purchase. Urbimática reserves the right to modify the eligible currencies at any time.

Urbimática also reserves the right to modify its Rates at any time. The Rates contracted prior to the modification will be maintained to every Account that is in an open billing cycle at the time of modification. Once the billing cycle has ended, the payment conditions of the Account will be upgraded according to the new Rate (s).

Rates modification will be notified by email well in advance. If the Accounts do not accept the modifications, they must immediately stop using the Service and unsubscribe through the Account Profile, without prejudice of the obligation to pay the outstanding amounts.

If the Account, after notification, do not withdraw in accordance with these Terms, the Service subscription will be renewed automatically according to the current Rates for the same subscription period. The cost will be charged in the payment method recorded in our records.

2.20. Billing

The Account that wish to contract the Service, will accept to pay the associated charge so they will provide a payment method that is true, complete, accurate and authorized (e.g. credit card or bank account data). At any time, they may access to the Account profile module to consult or modify their billing information. The Accounts are obliged to update immediately their billing data and e-mail address to keep open the communication channel.

The Accounts authorize us to charge the Service cost in their payment method and any other that has been hired. We may charge: (i) in advance; (ii) at the time of purchase; (iii) as soon as possible after the purchase; (iv) in the subscription contracting modality, on a recurring basis (monthly or annually); (v) at the end of the billing cycle;

If a trial period has been activated and the expiration date has ended, the account has not been cancelled as stipulated in section 2.18, this will stop being temporary and will become ordinary, with which a cycle of recurrent collection will begin.

In case of recurring billing, charges are invoiced in advance. Therefore, the first instalment will be invoiced on the day of subscription and, thereafter, monthly or annually. In case of previous unpaid amounts Urbimática may invoice the Accounts, at the same time, several billing periods.

Full price will include all taxes, fees and fiscal charges associated with the Service contracted. The charges are not refundable unless expressly provided by current regulations.

In case of delay or default payment, the Accounts must pay the reasonable costs incurred to collect the amounts due, including attorney’s fees, as well as legal fees and costs, in accordance to current regulations. Urbimática may suspend or cancel the Account If the required fee is not paid fully within the period specified after an explicit request.

The Accounts will have the opportunity to withdraw the contract within fourteen (14) calendar days following to subscription date.

2.21. Subscription period

There are two subscription modalities: (i) monthly (“Monthly Subscription Plan”), computing one calendar month from subscription date; or (ii) annual (“Annual Subscription Plan”) computing one (1) calendar year from subscription date and automatically renewed when it expires, unless it is cancelled by any of the parties with a minimum written notice of thirty (30) calendar days.

Monthly Subscription Plans contracted on the last day of a month will compute until the last day of the subsequent month, regardless the number of days it has.

2.22. Authorization for commercial purposes

The Accounts accept to grant Urbimática a non-exclusive, worldwide, free, royalty-free and non-transferable license to use its brands of any type (word, graphic, mixed, etc.) with a merely identifying purpose as customers of the Service, to promote and position it in the market.

2.23. Urbimática Advisory services

In case of the Accounts request any professional, training, operational or technical service from Urbimática (collectively, “Advisory Services”), their purpose, details and duration will be described in the corresponding order form.

2.24. Advisory services tools

Urbimática will own and retain all rights, titles and interests in any training materials or others provided to the Accounts as part of the Advisory Services (each, a “Delivery”) (not including confidential information) as well as related intellectual and industrial property rights.

No part of these Terms shall be construed in such a way as to assign or transfer any intellectual or industrial property rights over the tools, libraries, know-how, techniques and experience, patented or not (“urbiThings Tools”) used to develop the Services. These UrbiThings Tools are provided with or as part of the Deliveries, so that the Accounts will only have a non-exclusive use license for the duration of the Advisory Services. UrbiThings Tools will not be assigned or transferred to the Accounts in any circumstances..

2.25. Advisory Services Warranty

Related to the Advisory Services Urbimática guarantees that: (i) the company and each of its employees, advisors and subcontractors, if any, have the knowledge, skills, experience, qualifications and resources necessary to provide and carry out the Advisory Services, in accordance with the order form; and (ii) the Advisory Services will be carried out in a professional and efficient manner, in accordance with the standards of the sector and in accordance with the scope of the services described in the order form.

The Accounts recognize the capacity of Urbimática to carry out the Advisory Services successfully depends on information provision, proper resources access, and a deep involvement in the process.

2.26. Miscellany

These Terms apply to the maximum extent permitted by current regulations. If a court decides to override a part of these Terms, the parties will replace it with similar terms to the extent enforceable under current regulations, but remaining Terms will hold good.

This contract prevails over any prior agreement or oral or written statements about the use of the Service.

Urbimática may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part at any time without notice.

The Accounts cannot assign this contract or transfer any use right, unless Urbimática prior written consent.

Urbimática and the Accounts are not partners or agent but independent contractors. This contract has the sole purpose of serving your benefit and ours. It is not intended for the benefit of any other person, except duly authorized successors.

The fact that any of us does not enforce the strict implementation of any of these Terms provisions, should not be construed as a waiver of right to affirm or rely on such provisions, rights or compensations in this or any other instance.

The breach of the performance obligation contained in this contract (except for the payment of the fee), may be waived or deferred to the extent that it is caused by events that are beyond the reasonable control (or force majeure) of the parties . These may include, without limitation, natural disasters, terrorism, cyber-attacks, disturbances of public order, strikes and riots. However, market conditions and payment obligations are expressly excluded. The counterparty must be notified of the occurrence of the event with immediate effect.

2.27. Contact information

To communicate any infringement or any other question related to the Service, the Accounts can contact Urbimática through support email: [email protected].

3. Terms for Teams

3.1. What are the Teams?

The Accounts may be grouped into Teams for creating collaborative work environments that allow their members to consult, share and edit Content. In this way the Accesses belonging to Accounts, will generate and share Content for the members of their Team, through the selective assignment of Content Visibility.

3.2. Teams creation

In order to create Teams it is required that the Accounts have to be registered in the Service. There are two possibilities to create Teams: (i) by request from one Member Account to another that will become a Lead Account; or (ii) one Lead Account invites one or more Member Accounts.

In both cases, the Accounts that receive the request may accept it, in which case the Team is validly constituted and active, or reject it.

3.3. Teams functioning

At the time of a Team creation, the Service is available to Accounts in two ways:

  1. With read permissions: Member Accounts can view and consult the Content but they cannot edit it.
  2. With writing permission: Member Accounts may consult and edit the original Content generated by Lead Accounts, and these ones may validate the Content produced by Member Accounts.

The Teams will assign the Visibility of their Content and will license it in accordance with the provisions of the Terms for Accounts.

An Account can be, simultaneously,  Leader in a Team and Member in others.

4. Terms for Accesses

4.1. Unregistered use of the Service

There is no need of registration to use the Service. This scenario provides the minimum level of interaction with the Service and allows using the following functionalities: (i) consult Geoservices with public Visibility; (ii) make dynamic spatial searches; (iii) make advanced geospatial information queries; (iv) import, export and view local files of various geographic formats.

Unregistered access will have the rights recognized by the type of CC license assigned to public Visibility Content published by the Accounts. Any result obtained combining above functionalities, will be temporary and will expire at the end of the browser session.

Unregistered access imply accepts expressly that (i) the foregoing functions are executed at their own risk; (ii) Urbimática lacks control over the use of the Service; (iii) Urbimática is not liable for any loss, deletion, modification or disclosure of Content done by Unregistered access.

4.2. Service use through Account Accesses

 

There are two ways to register an Access within an Account:

  1. Filling the Account form. To do it, applicants should have received the Account Code from its Administrator Access. Otherwise, it is not possible to register in it and applicants have to request their own Account, in which they would become Administrators;
  2. At the initiative of an Administrator or Coordinator, who wish to join people and fills, on their behalf, the Account form, under his/her own responsibility. The recipients of those new Accesses may accept or refuse the registration.

Accesses have a valid and unique email address. That will be a direct line of communication with them.

Once registered in the Service, Accesses have, in addition to the foregoing functionalities, the following: (i) generate on demand Geoservices selections, which can be saved, exported and imported; (ii) import, export, create and edit Datasets; (iii) create and share new Geoservices; (iv) connect to existing Geoservices; (v) manage and update urban inventories. There is a detailed description of these tasks in http://help.urbithings.com/.

An Access may withdraw from the Service, at any time, through the Access Profile.

Urbimática and the Accounts reserve the right to suspend or cancel an Access, at any time and in its sole discretion, observing the obligation to notify at least fifteen (15) calendar days prior to suspension or termination date. Access holder accepts that when the Account is suspended or cancelled, it is not possible to consult the uploaded Content or the Geoservices Selections stored in the Service.

5. Privacy and data protection policy

5.1. Basic information. Urbimática status

Compliance with data protection and privacy regulations is a priority for Urbimática. This Policy will be permanently accessible and may be updated, at any time, either because of regulatory changes or by modifications in urbiThings business model. Any change of this Privacy Policy will be published in https://info.urbithings.com/es/Legal. In addition, the Accounts will be notified in order to express their consent when apply by current regulations.

Hereafter is summarized the basic information about personal data processing provided while registering for the Service:

  1. Controller of personal data processing provided while registration process: Arnaiz Urbimática, S.L.
  2. Legal basis for personal data processing: Urbimática treats the personal data provided during the registration process, based on a contractual relation governed in these Terms, and with the consent of the data owner.
  3. Purposes of personal data processing: the Service proper performance, compliance with these Terms, which constitute a contractual relation, the Service safe operation, the sending and receiving of functional and commercial information, if accepted.
  4. Recipients of personal data: personal data collected during the registration process will not be transferred to third parties, except legal obligation. Urbimática may assign the personal data processing to third parties by data processing agreements.
  5. Rights of personal data holders provided while registration process: access, rectification, cancellation, deletion, opposition, limitation and portability.
  6. Source of the personal data provided while registration process: as a rule, the owner provides the data. In specific cases, the data of an interested party may come from Administrator Accounts registered in urbiThings. In those cases, the Administrator Accounts assume full and exclusive responsibility for processing of third parties personal data. Arnaiz Urbimática, SL, is exempt from any liability that may arise derived from the personal data processing provided by Administrator Accounts.
  7. Additional information: You can consult the additional and detailed information on data protection on our website: https://info.urbithings.com/es/Legal.

Regardless of the personal data collected by Arnaiz Urbimática, S.L., during the registration process, there may be personal data included in the Content. To the extent that any responsibility for the Content corresponds to the Accounts, they are responsible for data processing and, consequently, assume their corresponding legal obligations. Concerning to those personal data included in the Content, Arnaiz Urbimática, S.L. acts as a data processor, following the instructions of the Accounts, processing controllers, as detailed below.

5.2. Roles and responsibilities

Due to the Service configuration, Urbimática assumes two different roles related to personal data:

  1. Controller: concerning personal data provided by Accounts while registering within the Service. The following provisions detail additional information that apply to this type of data processing.
  2. Processor: concerning personal data included in the Content (if applicable) uploaded to the Service by data controllers (the Accounts). In this case, the responsibility for the personal data hosted on Urbimática servers corresponds solely and exclusively to the Accounts, which are the ones who make the decisions regarding data processing and publishing through the Service.

The Accounts and Urbimática sign a data processing agreement at the time of Terms acceptance while Account registration process. The agreement details the duration, processing purpose, personal data that may be included and the obligations and rights of the parties.

On the other hand, the scope of data processing that Urbimática will perform as a controller will reach the following tasks: collection, registration, organization, structuring, conservation, adaptation, extraction, consultation, use, communication, dissemination, access authorization, collation or interconnection, limitation and suppression.

The above provisions are completed by the terms of a data processing agreement signed by the Accounts, as personal data controllers, and Urbimática, as personal data processor.

5.3. What information does Urbimática collect?

The Data collected by Urbimática are of different nature. In no case are specially protected categories of data treated (such as, for example, health data, union membership data, etc.).

A. Information that can be provided through the Account:

  1. Mandatory information: Account name and type, email address and password.
  2. Voluntary information: address, city, province, zip code, telephone, country, tax identification code, description, legal representative and acronym of the Account and address, city, province, country, zip code, telephone number, name, surname and notes of the Administrator.

The access to the Account profile, the modification of its data and the authorization to provide account information to third parties will be restricted to the Administrator.

B. Information that can be provided through Accesses:

  1. Mandatory information: email address and password.
  2. Voluntary information: name and surname, territory, address, city, province, zip code, country, telephone and notes.

Urbimática also collects information about Accounts activity, in order to guarantee the proper performance and safety of the Service and its Accounts, to improve its usability and its functionalities.

Among those Information collected by Urbimática as part of the Account profile, are included the Account preferences, the adjustments made to use the Service and the Content selections.

5.4. Data Controller (Registration)

To exercise your rights of access, rectification, cancellation, opposition, deletion, limitation or portability may address, by email and by mail, to:

Identity: Arnaiz Urbimática, S.L. – CIF: B84439421

Address: Calle Méndez Álvaro, 56 – 28045 – Madrid, ESPAÑA

Telephone: +34 91 434 22 80

e-mail: [email protected]

In order to accelerate the exercise of any rights it would be convenient for data owner to indicate in the subject of the communication: “Data Protection”, and to provide with it a copy of your document national identity card or any other identification document (passport, driver’s license, etc.), as well as an email address and a contact telephone, if necessary. These data will be treated with the sole purpose of allowing the exercise of the aforementioned rights.

In case of having any other questions, suggestions, complaints, etc., about the Terms and, specifically, about this Privacy Policy, from Urbimática we will attend your communications as soon as possible, in the two directions above mentioned.

5.5. Data Controller (Content)

Concerning any personal data accessible through the Service (specifically, those that may be included in the Content), the data owner must contact the corresponding Account that is the controller of such personal data. The data owner may exercise their rights of access, rectification, cancellation, opposition, deletion, limitation and portability against those Accounts.

Urbimática, as the processor of the personal data included in the Content, acts on behalf and following the instructions of the Accounts, which are personal data controllers. Urbimática will facilitate the exercise of the rights of the owners of personal data included in the Content, although it only acts following instructions from controller Accounts.

Notwithstanding the foregoing, if the data owner failed to contact the Accounts, in order to facilitate contact between the data owner and the Accounts, Urbimática undertakes to facilitate such contact, by the way that may be more appropriate.

5.6. Purposes of processing

 

  1. Fulfill the obligations arising from the contractual relation;
  2. Provide the information and services requested by the Accounts;
  3. Send information referring to Service updates, new functionalities, use cases, notifications, etc.;
  4. Send, according to applicable regulations and, having prior consent of interested parties, commercial and informative messages;
  5. Service billing according to these Terms;
  6. Allow to customize and update the Account and Access profiles;
  7. Facilitate the creation of Teams between Accounts;
  8. Guarantee an optimum level of security in the Service;
  9. Perform statistical and spatial analyses from dissociated or anonymized data (that cannot be associated with an identified or identifiable person) stored in the Service;
  10. Proper Service administration by performing anonymous data analysis, usage measurements, performance tests and surveys;
  11. Notify any change in the Service, in the Terms or in any other relevant end for Accesses or for the Accounts (or for both)
5.7. Period of conservation

The personal data provided while registration in the Service will be kept over the term of the contractual relation established under these Terms.

Once, for any reason, the contractual relation ends, the personal data abovementioned will be kept, blocked, for a maximum period of five (5) years, to (i) meet possible responsibilities derived from data processing, (ii) to respond to requirements of competent authorities (judicial, administrative or of any other nature) and, (iii) to guarantee the exercise of Urbimática’s right of defence in the event of any claims.

Once the aforementioned conservation period has ended, in the blocking state, the data will be erased.

5.8. Personal data recipients

No personal data collected during the process of registration in the Service will be transferred to third parties, except legal obligation.

Urbimática have the possibility to order data processing to third parties through the appropriate data processing agreement. It is worth highlighting the following possible data processors:

  1. Subcontractors of technical services, billing and technology service providers (for example, hosting).
  2. Other service providers such as general services and financial entities (for example, banking entities through which payments are managed).
  3. In the cases legally provided for (i) responding to a claim against urbiThings, (ii) complying with legal procedures, (iii) in the framework of an investigation or (iv) to protect rights, property or personal security of urbiThings, its members or other persons;
  4. In the event urbiThings is acquired by a third party, in which case the personal data that we maintain will be one of the assets transferred in accordance with applicable regulations.

In case of acceptance of these Terms, those belonging to our partners and suppliers shall also apply. Urbimática does not control data collection or processing made by our business partners or suppliers on their own platforms.

Urbimática personal data are stored within the European Union, specifically in Madrid, Spain. The same happens with the Content, whose personal data are responsibility of the Accounts.

However, the Service has an international scope so the personal data included in the Content may be transferred to non-European countries with a lower level of protection on these matter regulations.

For any claims or suggestions related to the process or use of any personal data included in the Content, the holders of personal data must contact the personal data controller Account.

5.9. Exercise of rights

Personal data holders provided during the registration process in the Service may exercise the following rights:

  1. Right of access to personal data, to know which are being treated and the treatment operations carried out with them;
  2. Right to rectify any inaccurate personal data;
  3. Right to deletion of your personal data, when possible;
  4. Right to request the limitation of the processing when the accuracy, legality or necessity is doubtful, in which case, Urbimática may keep the data blocked;
  5. Right to objection to the processing of personal data, unless Urbimática has a compelling legitimate interest or is necessary for the formulation, exercise or defense of claims;
  6. Right to User’s data portability;
  7. Right not to be subject to automated individualized decisions;
  8. Right to revoke the consent granted without affecting the processing legality based on the consent prior to its withdrawal.

The rights on personal data provided during the process of registration in the Service can be exercised at any time and free of charge: (i) by sending an email to [email protected]; (ii) by a written request to the address c / Méndez Álvaro, 56, 28045, Madrid, indicating the right that you wish to exercise by providing your identifying information.

In addition, through the Access profile module, commercial communications previously accepted can be cancelled at any time.

5.10. Cookies policy
  • Purpose

In accordance with article 22 of the Spanish Law on Services of the Information Society and Electronic Commerce, urbiThings uses its own and third-party browsing cookies, which are small files capable of saving Internet configurations. Some of them are very useful for urbiThings users in tasks such as saving navigation preferences and adapting the content displayed on the screen to be more useful depending on their interests and needs.

  • Types

Depending on the function and purpose of the use of cookies, they are usually divided into the following categories:

  1. Operating cookies: they are used for the proper function of urbiThings offering the user expected services such as correct navigation around the site and access to safe areas. Without these cookies, the site cannot function properly.
  2. Security cookies: used to authenticate users, avoid fraudulent use of login credentials and protect their data from unauthorized third parties.
  3. Preference cookies: they allow remembering information that changes the appearance or behaviour of the site, such as the language of use or the region in which the user is located. These cookies collect anonymous information and cannot track the movements of users on other websites.
  4. Analytical and performance cookies: they allow us to recognize and count the number of visitors, as well as gather information about the way the website is used (eg, which pages a visitor opens more frequently and if the user receives messages) error of some pages). This helps us improve the way our website works, for example, by making sure that users easily find what they are looking fo
  • Third-party cookies

urbiThings uses third-party services for various purposes related to the adequate provision of the service. These third parties may also use cookies, over which we have no control.

  • Cookies description

Entity                      /     Cookie      /      Purpose                                     /        Duration

Google Analytics        __utma            browsing information                     permanent

Google Analytics        __ga                 browsing information                      temporary

Google Analytics        __gat               browsing information                       temporary

  • Elimination and withdrawal of consent

The acceptance of the use of cookies may be revoked through the browser’s content and privacy configuration options. In order to eliminate or disable cookies, it is recommended to consult the help websites of the main browsers:

  1. Microsoft Internet Explorer
  2. Google Chrome
  3. Safari
  4. Firefox
  5. Opera

If, when you configure your browser, you reject the use and storage of cookies on your computer, you can browse urbiThings. However, some options or functions may not work properly.

In case you need additional information about the Cookies Policy of urbiThings, you can contact via email [email protected].

5.11. Disclaimer

Urbimática does not review, supervise, validate, control or monitor the Content, unless expressly and validly requested by any competent authority. However, it makes available to the Accounts the corresponding communication channels to report any irregularities, infractions or defects to which the use of the Service may give rise.

The Service hosts content and services or Products from third parties that have their own privacy policies and policies. This document is limited to the privacy and data protection policy of urbiThings.

6. Data processing agreement

 

6.1. Agreement

When an Organization registers in urbiThings and accepts the Terms and privacy policy, it also subscribes with Urbimática a data processing agreement regarding to those data included in the Content uploaded by them, for which they are fully responsible.

The agreement sets the following provisions regarding the data processing:

  1. Processor obligations
  2. Regulation of sub-processor
  3. Data location
  4. Data transfers
  5. Controller instructions
  6. Technical and Organizational Measures
  7. Object
  8. Duration
  9. Purpose
  10. Types of data
  11. Stakeholders categories

2018_05_Data_processing_agreement