Terms and conditions of contract and use of the Dide platform
DIDE.ORG EDUCATIONAL TECHNOLOGY
1.- Identification of the contracting parties
On one part, DIDE.ORG EDUCATIONAL TECHNOLOGY S.L. (hereinafter DIDE) with N.I.F B97706287, located at Calle del Profesor Beltrán Baguena, 5, 6ª planta, oficina 19, 46009 Valencia, Spain and registered in the Mercantile Registry of Valencia in Volume 8385 of the Book of Companies 5675, Folio 121, Sheet V-111561 and electronic contact address info@dide.app
And, on the other part, the USER, whose identifying data is entered in the registration form (i) by himself to contract in his name and on his own account and/or (ii) by a person sufficiently empowered to contract in the name and on behalf of the USER in the case of legal entities and public administrations, to carry out the contracting of the service of use of the Dide platform owned by DIDE and the data hosting service, after accepting these Terms and Conditions of Contract and Use of the Dide platform.
2.- Scope and purpose of the contract
The following applies to users who access DIDE through the domains: dide.org, app.dide.org, and appaurea.org, as well as through any other domain authorized by DIDE.
These terms and conditions regulate the contracting, use, operation and functioning of the Dide platform, hereinafter also referred to as “the service”, which shall be applicable to any person (hereinafter user) who contracts said service. When the user contracts the use of the Dide platform through the website app.dide.org, these terms and conditions shall be complemented by the General Conditions of Use of the website, the Legal Notice, the Privacy Policy, the Cookies Policy and any other legal texts that are published on app.dide.org.
The user who contracts the use of the Dide platform acknowledges having read these terms and conditions and expresses full and unreserved adherence to each and every one of them. The conditions described herein may be modified at any time at the request of DIDE, so these terms and conditions shall only be valid for the contracting carried out by the user at the time of reading and acceptance. Therefore, DIDE informs the user that they must read the conditions in each contracting of the service they carry out, the updated version of which will be available through this link on the page app.dide.org/conditions.
The user who requests registration in the service will receive an email with the content of these terms and conditions, which they may also access at any time as they will be accessible through the website, store them in their computer system and, where appropriate, obtain a physical copy by printing them. In any case, before completing the registration, DIDE recommends that the user print or save a local copy of the contracting terms and conditions for reference purposes.
If you have any questions related to these terms and conditions, you can contact us through the following email address info@dide.app
The user’s non-acceptance of the terms and conditions of this contract implies that the user is not authorized to use the service, so that, to use the service, the user must previously and expressly accept these contracting terms and conditions by checking the corresponding box in the registration form.
The user may not use the service and may not accept these contracting terms and conditions if (a) they are not of legal age and cannot formalize a binding contract with DIDE, or (b) they do not have the necessary legal capacity to use the service.
Access to the site app.dide.org is completely free, while the use of the Dide platform is onerous, specifying at all times on the website the current prices of the service and the charges for taxes.
The user, prior to contracting the use of the service, may obtain a complete description of it and its characteristics, which will also be provided in the reply message to the registration request in which these terms and conditions and the instructions and link to complete the registration process will be included.
3.- Availability of the service
The Dide platform accessible through the domain app.dide.org, and which the user once completed the registration can use from the selected environment, will be available in Spanish and English; the user being able to select the possibility of carrying out the contracting of the service in the specified languages.
4.- Procedures to conclude the contract and procedure for contracting the service
The service contracting procedure is carried out through the website app.dide.org completely by electronic means. The steps to carry out the contracting of the service are the following:
a) Registration and registration on the platform:
The completion of the registration form will allow the user to use enter the platform and contract Dide studies in a unitary way. To do this, you only have to register in the registration form with a username and password. In said form, the user must check the box accepting the processing of their personal data in accordance with the basic and detailed information provided by DIDE later and the privacy policy. Likewise, through said form, the interested party will have the option of expressly authorizing the sending of commercial communications by electronic means about the products and services of DIDE related to the sector of education, educational guidance and psychopedagogy.
After the registration request, the user will receive an email at the address provided with the following information: (i) instructions and a link to complete the registration on the platform; and (ii) the content of these contracting terms and conditions, which will form an integral part of the contract formalized between the parties once the user completes their registration on the platform, expressly accepts them and receives the Welcome message to the Dide platform.
When completing the registration data, the user must accept the processing of their personal data in accordance with the basic and detailed information provided by DIDE later and the privacy policy. Likewise, through said registration form, the interested party, as a registered user, may oppose the receipt of commercial communications by electronic means about the products and services of DIDE related to the sector of education, educational guidance and psychopedagogy.
Once the registration is completed and these Terms and Conditions are expressly accepted, the user may carry out the following actions:
– Create an organization of the type school, office or family.
– Join the organization as administrator.
– Invite other participants by entering an email and the role (administrator or tutor).
To register as a guest without an account in Dide, the user who receives the invitation email must follow the instructions included in the email and access through the link to complete the registration data and join the organization with the role assigned by whoever invited them. At the time of completing the registration data, the invited user must accept (i) the processing of their personal data in accordance with the basic and detailed information provided by DIDE later and the privacy policy; and (ii) the conditions of use of the platform.
To generate new studies and be able to enjoy all the functionalities offered by the platform, the user must request the subscription by paying the annuity, in which case they will move to the active subscription situation.
The activation of the subscription can be carried out at any time. Until the subscription is NOT active, the environment will be in PPU (Pay per use) mode
The system will maintain a record of registered users without an active subscription that will allow checking if a user who requests registration has already been registered and has used the tool, in which case they will be indicated that the trial period cannot be repeated (in case of having requested it and having been approved by DIDE) and that, if they wish, they may activate the subscription by paying the fee.
b) User with Active Subscription:
You can use the platform for one calendar year from when the annual subscription is activated
To activate the subscription, the user must complete the data requested in the subscription form and accept the processing of their data in accordance with the basic and additional information provided by DIDE later and the privacy policy.
The activation of the subscription will allow the user to benefit from all the functionalities of the platform, being able to create studies, generate reports, print them and validate results.
The annual subscription will remain active as long as the user pays the fees corresponding to the current annual rate according to the chosen payment method:
The payment of the annual fee will keep the subscription active for one year from the date of activation, which will be the effective date of payment of the single annual fee.
The payment of monthly fees will keep the subscription active as long as the fees are paid by the user. In case of non-payment of a monthly payment, the subscription will become “inactive” until its reactivation or cancellation by the user. While the subscription remains inactive, the user may access the platform and the studies and reports that have been generated up to that moment, but will not be able to create new studies or generate new reports. The reactivation of the subscription may be carried out by the user at any time within a maximum period of two years from the payment of the last monthly payment, unless at any time before the user requests the cancellation of the account, in which case it will be deleted in accordance with the provisions of section eight. The reactivation will occur automatically with the renewal of the payment of the monthly payment by the user, who may once again enjoy all the functionalities of the platform from that moment. The lack of payment of any monthly payment will not be penalized, but the following monthly payments that may be paid will be updated according to the rate corresponding to the year in which the reactivation occurs.
c) Selection of the payment method:
The payment of the subscription to the platform by the user will be made through the payment systems available at the time of activation or reactivation of the subscription, such as Stripe with payment by credit or debit card, transfer or direct debit, transfer or direct debit through Paypal as well as those other means that may be offered by DIDE.
d) Confirmation of contracting
Once the registration on the platform is completed and these Contracting Terms and Conditions are expressly accepted, the user will receive a Welcome to Dide message. With the sending of this message, the contract between the parties will be understood to be formalized, of which these Contracting Terms and Conditions will form an integral part, the parties being obliged from then on to its execution.
For sales with schools, governments and other entities that are not companies or families, an annual contracting agreement or for longer periods will be signed that will include the specific conditions between the parties.
5.- Formalization of the contract
There will be no contract between DIDE and the user in relation to any product or service until DIDE sends the user the Welcome to Dide message through the email indicated by the user once the registration on the platform is completed (even if the payment has already been made through any of the payment methods indicated). If the contract is not formalized for any reason and therefore DIDE does not confirm the formalization of this contract by means of the aforementioned message, in the event that the user has already made the payment for the service, the amount thereof will be reimbursed in full within a maximum period of thirty days.
To contract the service, the user must follow the contracting procedure described in clause four of these terms and conditions. The user is informed that the receipt of the Welcome to Dide message means that the contract between the user and DIDE has been perfected and from then on obliges the parties to its execution.
The object of the contracted service will only be that described in the aforementioned message. DIDE is not obliged to provide or supply the user with any other service and/or product other than that indicated in the aforementioned confirmation. Except in contracts with schools and governments that will include the additional services and other very specific particularities for each project in a contract between the parties.
6.- Validity of the service contracting procedure as proof of acceptance and perfection of the contract
Both parties – DIDE and the user – expressly declare that the fact of electronically following successfully all the steps described in clause four for the contracting process of the service of use of the Dide platform, implies the full and express acceptance of these terms and conditions, understood as sufficient to contract.
7.- Written communications
The information or communications that DIDE sends to the user will be electronically. The user accepts that communications with DIDE are electronic. For contractual purposes, the user consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that DIDE sends electronically to the email address indicated by the user at the time of registration and registration for contracting the service, complies with the legal requirements of being in writing. The notifications that the user sends to DIDE must be made to the following contact address info@dide.app.
8.- Registration, Subscription, Active Subscription, Inactive Subscription, Reactivation and Cancellation of the service
Registration: Registration in the service is carried out by completing the registration form in accordance with the provisions of section 4.
After completing the registration form, the user will receive an email with the content of these Contracting Terms and Conditions, the instructions and the link to complete the registration process on the platform.
Registration: It is carried out by completing the registration process and accepting the Contracting Terms and Conditions at that time. Once the process is completed and the terms and conditions are accepted, the user will receive a Welcome to Dide message that implies the formalization of the contract between the parties.
Active Subscription: The “professional” subscription is activated by paying the annual fee, which can be paid in a single fee or in monthly fees, at the user’s choice and the specifications of the contract with specific conditions.
The activation of the subscription allows you to use all the functionalities of the platform while the user pays the corresponding fees.
Inactive Subscription: The subscription will remain inactive as long as the user does not activate the subscription after registration, or, if they have activated it, as long as they do not pay a monthly fee.
While the subscription is inactive, the user may access the platform and the studies and reports they have generated up to that point, but will not be able to create new studies until they activate or reactivate it.
To reactivate a subscription, the user will have a maximum period of two (2) years from the date of payment of the last fee.
After these periods, the data and reports generated by the use of the platform will be canceled and deleted as indicated in the last point of this section.
Reactivation: The subscription will be reactivated when the user pays the monthly fees again. The amount of these fees will be updated based on the rate corresponding to the year in which the subscription is reactivated.
Cancellation: Cancellation may occur in the following cases:
- At the user’s request, at any time.
- After six (6) months have elapsed from the completion of registration without the subscription having been activated.
- After two (2) years have elapsed since the payment of the last fee without said payment having been resumed and the subscription reactivated.
- For non-payment of any monthly or annual fee.
Cancellation will result in the deletion of the data and information generated by the use of the platform.
Notwithstanding the foregoing, DIDE will retain a copy, with the data duly blocked, as long as liabilities may arise from the execution of the service.
When cancellation is appropriate, the user will receive a message informing them of this circumstance and that they have a period of fifteen (15) days to previously withdraw all the information generated by the use of the platform that they wish to keep and that they may print or save in their own systems. After this period, it will be deleted in the terms indicated.
9.- Price and offers
The price of the services that DIDE can provide to the user through app.dide.org will always be shown in euros. The published price is the final price of the unit cost, for the costs of an annual subscription in the form of payment in monthly installments or annual single fee chosen and the price per use of Dide studies, so it includes all applicable taxes according to current legislation. In any case, DIDE will provide the user with the itemized price during the contracting process, allowing the user to know the exact amount of the service and applicable taxes.
Likewise, DIDE states that the offers, promotions and discounts that appear published on app.dide.org will be conditioned and limited to the service on which they are advertised, to the period of time established, as well as to the remaining conditions that, unilaterally, DIDE decides to establish. In any case, DIDE will clearly, visibly and expressly indicate the information mentioned above in order for the user to distinguish and understand the offer, promotion or discount.
10.- Payment method and Billing
The user must make the payment of the service through the payment systems provided in the contracting procedure, consisting of payment through the Stripe system, by means of credit or debit card, transfer or direct debit, transfer or direct debit through Paypal as well as those other means that in their case are offered by DIDE.
Payment through Stripe guarantees the confidentiality of the user’s card details. In the case of making a payment by credit card through Stripe, the subscription will not be activated until it has been verified that the identity of the cardholder corresponds to the identity of the user who has requested the activation. And it is an indispensable condition to carry out the activation of the subscription that the user who contracts the service and the holder of the credit card are the same person.
The payment is divided into two concepts, one is a recurring monthly or annual payment as a service fee and the second for use/consumption, the latter will depend on whether the user consumes more Dide studies than those included in the first purchase. The necessary studies will be invoiced separately and at the time of acquisition.
In the case of contracts with schools and governments, payments may be made by bank transfers and other forms of payment according to the project.
DIDE will issue the invoice corresponding to the contracted service detailing all the concepts that comprise it. The invoice will be sent to the user electronically, sending it by email to the billing address provided, as soon as the service has been activated. The invoices will be permanently available in the user’s environment account, without prejudice to the user’s right to receive the invoices in paper format by requesting it in writing addressed to the Customer Service of DIDE.
11.- Right of withdrawal
The user has a period of 14 calendar days to exercise their right of withdrawal, leaving without effect the contract concluded between the user and DIDE, without the need to justify their decision and without penalty of any kind.
To do so, exercising the right of withdrawal is an indispensable requirement that, before the indicated period of 14 days of withdrawal expires, the user communicates to DIDE their decision to withdraw from the contract.
This communication does not require any specific form or justification, but must consist of an unequivocal declaration of the user without prejudice to which or any unequivocal declaration of the user, DIDE makes available a model for the exercise of the right of withdrawal that can be downloaded in this link:
In this sense and in accordance with current regulations, the user is expressly informed that in the event that they activate the subscription of the service by paying the corresponding fee, they will have lost the right of withdrawal, and the services between DIDE and the user cannot be mutually restored, nor therefore refunded by DIDE to the user the economic amounts paid for the activation of the service from that moment.
12.- User account, password and security
The user is solely responsible for maintaining the confidentiality of their password and username to access the service, being obliged to immediately notify DIDE of any unauthorized use of their password or account or any other security incident, and to ensure that they log out of their account at the end of each session. DIDE will have no responsibility in case of breach of the provisions of this clause by the user.
The user specifically agrees that DIDE will not be responsible for unauthorized access or alteration of their transmissions or data, any material or data sent or received or not sent or received, or any transaction that has entered through the website/service of DIDE in cases where these actions are the result of the communication by the user of their user account and/or password to other third parties.
13.- Conditions of use of the service
DIDE is the sole owner of the intellectual and industrial property rights that fall on the Dide platform and to carry out the provision of the service. Through these conditions of use, DIDE grants the user a right to use the aforementioned platform, without exclusivity and non-transferable.
The user agrees not to damage, cut off the service or otherwise interfere with the DIDE platform. In case of interfering in any way with the Dide platform, the user must pay all damages incurred to DIDE as well as to any other user of the service, including any consequential, direct and indirect damages.
In particular and without limitation, the user agrees not to use the service to:
- Send, transmit or otherwise make available any content that is illegal, harmful or threatening to another person.
- Harm minors in any way.
- Make available any content without having the right to do so under any law or contractual relationship.
- Make available any content that infringes any patent, trademark, trade secret, copyright or other property rights.
- Make unauthorized advertising, promote materials, or send spam.
- Interfere with the service, servers or networks connected with the service or violate any requirement, procedure, policy or regulation of the networks connected with the service.
- Intentionally or unintentionally violate any applicable law or regulation.
DIDE reserves the right not to provide some or all of the services to any user who carries out any of the prohibited activities mentioned in the previous section, as well as to inform the authorities and security forces of any illegal activity that DIDE detects as a result of the use of the service by the user.
14.- Compliance with the regulations on the protection of personal data in relation to the use of the service by the contracting parties
The user, and not DIDE, is solely responsible for the processing(s) of personal data that are generated as a consequence of the use of the service by the user, being obliged to comply with the provisions of Regulation (EU) 2016/679, General Data Protection Regulation (hereinafter GDPR) and other applicable regulations in the matter.
Each of the parties will comply with its obligations regarding the protection of personal data. The user will be solely responsible for the processing of all data and, in general, of all information generated by the use of Dide during all the time that they are authorized to use it and even after the termination of this contract.
DIDE will not be responsible, in any case, including when the processing is carried out by a natural person in the exercise of exclusively personal or domestic activities, of the processing of personal data that the user may carry out using Dide. To this end, and in its capacity as data processor as a provider of the data hosting service and information generated by the user when using the Dide platform, DIDE and all its staff, is obliged to comply with the following obligations derived from the data protection regulations, which will be applicable both when the user holds the status of data controller and in those cases in which the user is a natural person acting in the exercise of exclusively personal or domestic activities:
a. Use the personal data subject to processing, or those collected for inclusion, only for the purpose of providing the service. Under no circumstances may personal data be used for other purposes or for its own purposes.
b. Process the data in accordance with the instructions of the user/data controller.
c. When appropriate, in accordance with the provisions of article 30.2 of the GDPR, keep, in writing, a record of all categories of processing activities carried out on behalf of the user/controller.
d. Apply the security measures appropriate to the risk in accordance with article 32 of the GDPR, and in particular, the technical and organizational security measures relating to:
The pseudonymization and encryption of personal data.
The ability to guarantee the continued confidentiality, integrity, availability and resilience of processing systems and services.
The ability to restore the availability and access to personal data quickly, in the event of a physical or technical incident.
The process of regular verification, evaluation and assessment of the effectiveness of technical and organizational measures to ensure the security of processing.
e. Do not communicate the data to third parties, unless it has the express authorization of the user/data controller, in legally admissible cases.
DIDE may communicate the data to other data processors of the same user/controller, in accordance with the instructions of the data controller. In this case, the user/data controller will identify, in advance and in writing, the entity to which the data must be communicated, the data to be communicated and the security measures to be applied to proceed with the communication.
If DIDE must transfer personal data to a third country or to an international organization, by virtue of Union or Member State law applicable to it, it will inform the user/data controller of that legal requirement in advance, unless such Law prohibits it for important reasons of public interest.
f. DIDE may subcontract those services and auxiliary services necessary for the normal operation of the service.
Specifically, DIDE has subcontracted with the entity Occentus Network S.L. C/ Vila de Madrid 44, Pol. Ind. Fuente del Jarro, ES46988, Paterna, Valencia – Spain. the provision of hosting services and technological infrastructure of app.dide.org with servers in Valencia (Spain).
g. Maintain the duty of secrecy regarding personal data to which it has had access by virtue of this assignment, even after its purpose has ended.
h. Ensure that the persons authorized to process personal data undertake, expressly and in writing, to respect confidentiality and to comply with the corresponding security measures, of which they must be duly informed.
i. Keep at the disposal of the user/controller the documentary evidence of compliance with the obligation established in the previous section.
j. Ensure the necessary training in the field of personal data protection of the persons authorized to process personal data.
k. Assist the user/controller in responding to the exercise of the rights of: Access, rectification, deletion, opposition, limitation of processing, data portability and not to be subject to automated individual decisions (including profiling).
In this sense, when the data subjects exercise the rights of access, rectification, deletion and opposition, limitation of processing, data portability and not to be subject to automated individual decisions, before DIDE, it will communicate it by email to the address provided by the user/controller. The communication will be made immediately, together, where appropriate, with other information that may be relevant to resolve the request.
l. Right to information: It is the responsibility of the user/controller to provide the right to information to the data subjects at the time the data is collected. Likewise, the user/controller must obtain the consent of the data subjects or their legal representatives when necessary in accordance with current legislation to carry out the processing of their data within the framework of the use of the Dide platform, DIDE not being responsible in any case for the breach of the obligation to inform and request consent from the affected parties or their parents, guardians or legal representatives, as appropriate, when said consent is necessary in accordance with applicable regulations to prepare psycho-pedagogical reports or of any nature related to those affected.
m. Notification of data security breaches: DIDE will notify the user/controller, without undue delay, and in any case before the maximum period of twenty-four (24) hours and through a means that leaves proof of the communication, of the personal data security breaches under its charge of which it is aware, together with all the relevant information for the documentation and communication of the incident.
Notification will not be necessary when it is unlikely that said security breach constitutes a risk to the rights and freedoms of natural persons.
If available, DIDE will provide, at a minimum, the following information:
a) Description of the nature of the personal data security breach, including, when possible, the categories and the approximate number of data subjects affected, and the categories and the approximate number of personal data records affected.
b) The name and contact information of the data protection officer or other contact point where more information can be obtained.
c) Description of the possible consequences of the personal data security breach.
d) Description of the measures adopted or proposed to remedy the personal data security breach, including, if applicable, the measures adopted to mitigate the possible negative effects.
If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.
The user/controller will be obliged, in accordance with the provisions of article 33 sections 1 and 3 and 34 of the GDPR, to communicate security breaches to the Data Protection Authority and to the data subjects, in the latter case, when it is likely that the breach implies a high risk to the rights and freedoms of natural persons.
When the user is a natural person acting in a strictly personal or domestic sphere, DIDE will be responsible for carrying out the communications indicated in the previous paragraph if they are appropriate.
n. Support the user/controller in carrying out data protection impact assessments, when appropriate.
o. Support the user/controller in carrying out prior consultations with the supervisory authority, when appropriate.
p. Make available to the user/controller all the information necessary to demonstrate compliance with their obligations, as well as for carrying out audits or inspections carried out by the user/controller or another auditor authorized by them.
q. DIDE guarantees the application of the security measures adopted, in compliance with article 32 of the GDPR, based on the risk analysis carried out taking into account the state of the art, the costs of application, and the nature, scope, context and purposes of the processing, as well as risks of probability and variable severity for the rights and freedoms of natural persons presented by the data processing, as a consequence of the destruction, loss or accidental or illicit alteration of personal data transmitted, stored or processed in another way, or the unauthorized communication or access to said data.
DIDE will regularly verify, evaluate and audit the effectiveness of said measures, updating them if necessary according to the result of said evaluations.
r. Designate a data protection officer and communicate their identity and contact information to the user/controller.
s. Once the service is finished, DIDE will proceed to destroy all personal data collected for the provision of the service. In the event of cancellation or cancellation requested by the user, DIDE will carry out the destruction of such data after fifteen (15) days from the user’s cancellation request. In the event of cancellation of the subscription for not having been activated within six months from the registration of the user account or due to the passage of two years without the reactivation having been carried out by the user, DIDE will send an email to the user indicating this circumstance and the fact that it is going to proceed with the destruction of personal data, granting a period of fifteen (15) days to the user to access the platform in order to download and save all that information that has been generated during its use before proceeding to destruction. Once carried out, DIDE may send a destruction certificate to the user’s email address if the user requests it in writing to info@dide.app.
Notwithstanding the foregoing, DIDE will keep a copy, with the data duly blocked, as long as responsibilities may arise from the execution of the provision.
15.- Information and statistical data derived from the use of Dide
In order to carry out studies and analyzes of a statistical nature, DIDE may develop and maintain, after dissociation and anonymization of the information hosted on the Dide platform, statistical and analytical systems whose objective is to obtain aggregated statistical data, which allow obtaining information on the effectiveness and correct functioning of the service and adopting the corrective or improvement measures that are necessary. Said statistical and anonymous information may also be provided for purposes of public interest, scientific research purposes and statistical purposes, to the competent public bodies and entities in order to contribute to the adoption of decisions and public policies in matters of early detection and prevention, attention to diversity and inclusive education.
The results of the reports and statistical data carried out by DIDE will not be in any case personal data, but rather aggregated and anonymous data, and will not refer to or identify natural persons in any case, so they will not be used either to support measures or decisions related to specific natural persons, but only for the adoption of business improvement decisions or to contribute to the adoption of public policies. In any case, DIDE will adopt all appropriate guarantees in the processing of statistical data that ensure that technical and organizational measures are applied to guarantee that data subjects cannot be identified in any case.
16.- Submission of claims
The user may present and file their complaints and claims with DIDE or request information about the products offered or contracted through the following channels:
- By writing to the following postal address: Calle del Profesor Beltrán Baguena, 5, 6ª planta, oficina 19, 46009 Valencia España
- By calling the following telephone number: +34 96 3404739
- By sending an email to the following address: info@dide.app
DIDE will respond to the user as soon as possible and in any case within a maximum period of one month from the submission of the claim.
17.- Responsibility
The Dide platform, the products, and the services available or included on the DIDE website may include inaccuracies or typographical errors, so DIDE reserves the right to make changes and improvements periodically.
Due to the nature of the Internet in general and interactive services in particular, DIDE offers no guarantee or commitment that the use of Dide will be free of interruptions or errors, and DIDE will have no responsibility or obligation related to communications or defects, delays or network failures (whether temporary or not) while using the Dide platform of DIDE. In this sense, DIDE is committed to maintaining the highest levels of service quality to the extent of its possibilities, without prejudice to all of the above.
The user acknowledges that they use the service under their responsibility and in turn the user will be responsible for the use of the data obtained through the use of the service.
DIDE is not responsible for the compatibility of the tool with other programs and applications used by the user.
DIDE is not responsible for the suitability, reliability, availability, timeliness, viruses or other harmful components, nor for the accuracy of the information, software, products, services and graphics contained within the platform and/or service provided by DIDE for any purpose. All such information, software, products, services and graphics are provided as is without warranty of any kind. DIDE hereby disclaims all warranties and conditions with respect to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability for a particular purpose.
Specifically, the user is informed that Dide is a method of indicative approximation based on the responses of the participants in the process. For this reason, its results rest on the subjective perceptions of those who complete it, and consequently its conclusions are not infallible or unequivocal, nor are they timeless, nor are they considered a diagnosis. Therefore, its results must be objectively validated, where appropriate, by specific protocols administered by the corresponding specialists. The results of Dide in no case imply a treatment of eventual pathologies of any nature.
18.- Basic and detailed information on data protection
The user is informed of the following aspects regarding the processing of their personal data by DIDE as a consequence of the contracting and use of the Dide platform:
Controller: The controller of the personal data of the user of the Dide platform is DIDE.ORG EDUCATIONAL TECHNOLOGY S.L., (hereinafter DIDE), with address at Calle del Profesor Beltrán Baguena, 5, 6ª planta, oficina 19, 46009 Valencia, Spain, with N.I.F B97706287, and registered in the Mercantile Registry of Valencia in Volume 8385 of the Book of Companies 5675, Folio 121, Sheet V-111561.
Contact information: info@dide.app, phone +34 963 404 739.
Contact details of the data protection officer: The email address of the Data Protection Officer of DIDE is delegado.datos@dide.app
Accuracy and veracity of personal data: DIDE will take into account that the data provided by the user in their registration process for contracting the Dide platform service is truthful, current and accurate and corresponds to their own identity, the user being prohibited from providing inaccurate or incorrect data, as well as that of third parties, unless (in the latter case) they have the proper legal representation to do so. In addition, the user has the obligation to keep the data updated and accurate, being able to make use of the exercise of their rights to do so.
Purposes and legal basis of data processing: The personal data of the user who contracts and uses the Dide platform are processed for the following purposes and legal bases:
Based on the contractual relationship established between DIDE and the user who contracts the use of the products hosted on the DIDE platform, as well as in compliance with legal obligations, DIDE will carry out the processing of the user’s data for the following purposes:
- Manage the contracting of the service in accordance with the terms and conditions of contracting.
- Carry out the execution, maintenance and fulfillment of the contractual relationship, which includes (i) managing the user’s registration and sending them a message with the instructions and the link to complete the registration together with the content of these terms and conditions of contracting; (ii) manage the user’s registration on the platform and create a user account and environment on the Dide platform after accepting these terms and conditions, for which a Welcome to Dide message will be sent confirming the contracting, (iii) manage the activation of the user’s subscription to the service through the payment of the fee in the modality chosen by the user; (iv) manage the user’s account and environment, which includes sending the invitation and questionnaire chosen to the people they invite to participate in the study to the email address indicated by the user; and (v) host and store on the platform the information entered by the user and that generated by the use of the service contracted by the user.
- Economic management that includes the collection of the service provided and the application, where appropriate, of discount coupons or other promotions.
- Send the user by electronic means communications and documentation linked to the contracting carried out and the provision of services such as legal information, administrative information, invoices, platform and service updates, service interruption, tips for good use, security tips and others.
- Send the user electronic commercial communications referring to products or services of DIDE related to the education sector, educational guidance and psycho-pedagogy, provided that the user does not object to said processing of their data for promotional purposes through the free procedure provided for this purpose by DIDE in each commercial communication they receive.
- Accounting, fiscal, administrative, and billing management.
- Customer service.
- Claims management.
- Management of the right of withdrawal.
- Deletion of the account at the user’s request.
- Blocking of the account in the event that the account is used in a manner contrary to the terms and conditions of contracting, privacy policy of the site, policy of use of the website, as well as in those cases in which the account has been created for fraudulent, deceptive purposes, violates intellectual and/or industrial property rights or other rights of third parties or entities.
- Exclusion from sending commercial and advertising communications: When the user requests to unsubscribe from the service of sending commercial and advertising communications, DIDE will process their data to keep the minimum essential data of the data subject, in order to identify them and adopt the necessary measures to prevent the sending of commercial and advertising communications.
- Attention to requirements and defense and exercise of legal actions: In the event that DIDE is required by Public Administrations, Courts and Tribunals, DIDE will process the user’s data to meet said requirements and the exercise of actions and procedures before mediation, arbitration, administrative and judicial bodies.
Based on the legal grounds of consent or authorization granted by the user upon accepting the sending of electronic commercial communications during the registration process, your data will be processed to send you these communications regarding DIDE products or services related to the education, educational guidance, and psychopedagogy sector. The user may revoke this consent by simply requesting it through the free procedure provided for this purpose by DIDE in each commercial communication they receive, as well as by sending a request to unsubscribe.
Data recipients: The user’s personal data will be communicated to third parties when there is a legal obligation to communicate to the competent authorities by reason of the matter and/or to address the requirements made by them.
In such cases, DIDE will carry out transfers or communications of data to Public Administrations, when required in accordance with current legislation at all times, such as, without limitation, administrative bodies or control authorities in matters of data protection, telecommunications and information society, Judges, Public Prosecutor’s Office, Courts, Court of Accounts or Ombudsman.
If the user activates the subscription to the Dide platform, DIDE will communicate their data to the third parties necessarily involved in the management of the subscription to the service in order to correctly manage the entire subscription process to the service, such as banking and financial services entities involved in the collection of the subscription and any other third parties that necessarily, directly or indirectly, intervene in the management of the contracting of the service.
Likewise, third-party service providers with the category of data processors are recipients of the data in order to provide services that support the data processing tasks, always commissioned by DIDE and after signing a data processing agreement with sufficient guarantees of security, confidentiality, return or destruction of data and compliance with the instructions given by DIDE to carry out the processing. These cases include the following categories of third parties: web hosting service providers, communication sending service providers, maintenance and IT support service providers for this website, advertising agencies, and others.
Specifically, DIDE has subcontracted the provision of hosting and technological infrastructure services for app.dide.org with servers in Valencia (Spain) to the entity Occentus Network S.L. C/ Vila de Madrid 44, Pol. Ind. Fuente del Jarro, ES46988, Paterna, Valencia – Spain.
Data retention period: The personal data that has been provided by the interested party for the contracting and use of the service will be kept by DIDE as long as the contractual relationship for which they were collected is in force and, once this purpose is terminated or the deletion of the data is requested by the interested party, until the legal deadlines for demanding possible liabilities arising from the legal relationship maintained with the user and/or the processing of their data are met.
Obligation to communicate personal data: The communication of personal data is a legal and contractual requirement necessary to formalize the contracting process and, consequently, the user is obliged to provide personal data to DIDE, being informed that otherwise the contracting process of the Dide platform cannot be carried out, and the rules established in the Legal System will also apply.
Exercise of rights: The user has the right to request from DIDE access to their personal data, its rectification, deletion, limitation to processing, and opposition. They are also entitled to withdraw the consent granted for the processing at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal, and the right to portability of their personal data, in the cases that legally proceed.
To exercise any of these rights, you must send a letter addressed to DIDE.ORG EDUCATIONAL TECHNOLOGY S.L., to the following postal address Calle del Profesor Beltrán Baguena, 5, 6ª planta, oficina 19, 46009 Valencia, or electronically proteccion.datos@dide.app, indicating the right you are exercising. Only in cases where DIDE has reasonable doubts in relation to the identity of the person requesting the exercise of the right, may it request that additional information necessary to identify the interested person be provided, including the provision of a photocopy of both sides of their ID card or legal identification document, if necessary.
Likewise, the user is informed of their right to file a claim with the Spanish Data Protection Agency C/ Jorge Juan, 6, 28001 Madrid, 901 100 099 – 912 663 517 (www.agpd.es) in particular, when they consider that they have not obtained satisfaction from DIDE in the exercise of their rights. However, on a voluntary basis and prior to the submission of said claim to the AEPD, you can contact the Data Protection Officer of DIDE through the email address delegado.datos@dide.app.
Other rights: Likewise, the user who has not opposed or, where appropriate, has expressly authorized the receipt of advertising mailings through the registration form, their data will be processed in order to send them, to the email address that the user indicates, advertising and commercial information relating to the products and services marketed by DIDE related to the education, educational guidance, and psychopedagogy sector.
Under the protection of articles 21 and 22 of the LSSICE, the user who subscribes to the use of the Dide platform is informed of their right to oppose the processing of their data for promotional purposes for the receipt of commercial communications, as well as their right to revoke at any time the consent given for this purpose with the simple notification of their will to DIDE.
For this, the user may send an email with their request to unsubscribe or revoke consent to the address: info@dide.app.
19.- Applicable legislation, jurisdiction, and extrajudicial resolution of conflicts
These contracting terms and conditions are governed by Spanish legislation and have been drawn up in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce; Law 7/1998 on General Contracting Conditions; Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (the latter applicable when the user has the status of consumer and user); and other general and special regulations that are applicable to the services provided by DIDE.
The user who contracts the service admits to having read all the information included in these terms and conditions and expresses their full and unreserved adherence to each and every one of them.
The parties, expressly waiving their own jurisdiction, submit for the resolution of any disputes that may arise to the Courts and Tribunals of Valencia capital and, where appropriate, the Arbitration Courts to which DIDE is attached at the time the controversy occurs.
In any case, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (General Law for Consumers and Users), the Courts and Tribunals of the consumer and user’s domicile will be applicable.