Terms of Use and Privacy Policy


Corporate Name: Gradient Technologies, LLC.
Tax ID number: B-98464035
Registered Office: 4 Santa Magdalena Square, Godella, Valencia (Spain)
Email address: info@glassy.pro
Registration: RM Valencia, tome 9,507, sheet 134, page number V-149,783
GENERAL STATEMENTS

Gradient Technologies (hereinafter, GLASSY) declares and guarantees that the APP has the necessary technology, to date, for its own access and use. However, GLASSY cannot guarantee the nonexistence of viruses or other harmful elements, introduced by any means or by any third party, which may cause alterations in the user’s computer systems.

The user accepts that the APP has been created and developed in good faith by GLASSY and it is offered in its current state to users, which may contain inaccuracies or errors. Therefore, the user exonerates GLASSY from any liability in connection with the reliability, utility or false expectation that the APP may produce during its use.

While using the data provided by the APP it is possible that the actual conditions differ from the results offered by the APP, so the user must exercise his own criterion and use the APP under his own responsibility. The user is responsible at all times for his conduct and its consequences. In particular, GLASSY is not responsible for errors in weather forecasts, weather conditions, or data related to spots.

The user agrees that any activities developed through the APP and its services by him will conform to law, morality, public order, good conduct and in no case will be offensive for the good name and commercial image of GLASSY, for the rest of the website's users or third parties.

By way of illustration and not limitation, the user undertakes not to use the APP with the purpose to (a) supplant the identity of a third party; (b) incite or promote criminal, derogatory, defamatory, offensive or, in general, contrary to law, moral or public order activities; (c) induce or promote discriminatory activities or ideas on the basis of race, sex, ideology, religion or belief; (d) incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, pornographic, offensive or, in general, contrary to law, morality or public order; (e) infringe the intellectual or industrial property rights belonging to third parties; (f) violate the regulations on secrecy of communications, advertising regulations and/or rules of unfair competition.

No message sent or inserted to appear in the APP may use incorrect, derogatory, defamatory or insulting expressions. Only the authors will be responsible for the content of their messages in the enabled communication spaces. GLASSY is not responsible for the content or opinions expressed or sent by users in them. GLASSY reserves the right to eliminate at any time any content that appears in the APP that is illicit or that fails to comply with the conditions of use herein collected. In any case, the legal liability shall correspond to the person performing the infringement.
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INFORMATION ADDED TO THE APP BY USERS

Among the services offered by the APP is the information related to the spots (points, places or geographical locations for the practice of surfing) that incorporate a series of information related to them, such as the direction of waves, the level of practice required, types of winds, the suitable season for its practice, etc.

The spots are incorporated directly by the users themselves in the APP or through GLASSY's website (crowdsourcing). Users, after registering, can add spots providing all the information they know about them and incorporating descriptions and photographs.

By incorporating information on spots to the APP the users expressly authorize GLASSY, the right of free worldwide and nonexclusive transfer, for its use, modification and exploitation with total freedom and indefinite time span which in no case can be subject to any type of compensation. Regarding the information incorporated into the APP by users, the extraction, copying, reproduction or distribution in any way by third parties is prohibited, being only authorized by GLASSY and the user who incorporated it.

Users agree that all information incorporated in the APP must be their own, being strictly forbidden the importation or copying of information extracted from other applications or websites or from any source that may be subject to industrial or intellectual property rights or any other right which restricts its use or dissemination. Users assume sole responsibility for any infringement of third party rights by the incorporation into the APP of information they do not own or that is not free to use.

GLASSY is not responsible for the damages caused by the misuse of the service by the users. Any act that contravenes the applicable legislation will be the responsibility of the user who performs them. In the event that the incorporation by users of information that violates the aforementioned conditions is detected, GLASSY will immediately proceed to delete the information in the APP and to block the account of the offending user; without prejudice to retain the data available in order to make it available to the person concerned if required to do so. The offending user will respond to GLASSY and to third parties whose rights have been violated for all consequences of the infringement.

Any infringement of the conditions indicated can be communicated to GLASSY at the address info@glassy.pro identifying the source that could have been copied. If a third party deems that a right of its ownership has been violated by adding a spot or any other information incorporated by a user to the APP, he can address GLASSY, who after verifying the claim will proceed to eliminate the information protected by third party rights.

GLASSY reserves the right to monitor or record users' activity in the APP in order to verify their compliance to these conditions.
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PRIVACY POLICY

GLASSY, undertakes in an active and committed manner the compliance with regulations in regards to the protection of personal data.

The user, by providing the required information or personal data, is accepting its treatment and/or communication in the form provided in this privacy policy. If the user does not agree with any of the clauses stipulated here, he must refrain from entering personal information through the APP or GLASSY's website.

GLASSY, as the responsible party of the data collected through the APP and its website, has implemented in its computer systems and facilities the technical and organizational measures necessary to guarantee its confidentiality and avoid its alteration, loss, treatment and/or unauthorized access. In addition, GLASSY has proceeded to register the corresponding files in the Spanish Data Protection Agency.

By registering with the APP the user introduces his name, email address, local spot information and additional data about his profile as a surfer (if it is goofy or regular, data about his surfboards, etc.) In addition to the information provided, the IP address is inspected in order to identify the terminal from which the information is entered and to obtain the geographical location of the user. The APP gathers information about the position of the user through the GPS that he activates, in order to be able to reflect and facilitate the position and travels of the surfer. The APP also retains the data concerning favorites, sessions performed and their locations, user entered profile description, indicated friendships, forecast alerts and uploaded photographs. When the user has the GLASSY Zone device, its use combined with the APP will record data such as steps, calories consumed, sleep, or specific activity of each sport, which will be displayed in the APP; in addition, the user will be able to share this data with the iOS Health APP (Apple) or its Android equivalent.

The data is stored in servers located in the European Union or the United States. In the second case, always carried out by companies expressly adherent to the Privacy Shield (Google or Amazon Web services).

The user authorizes GLASSY to process the personal data supplied by him directly and that which is collected by the APP for its use in promotional, informative and statistical purposes.

The user authorizes GLASSY to send commercial communications, on his behalf or on behalf of third parties, so he can receive offers or publicity communications that may be of his interest related to the following sectors: sports, health, fashion, nutrition, entertainment, travel or computer science. In each submitted commercial communication GLASSY will provide the user with a fast and free method to unsubscribe from receiving communications if he does not want to carry on receiving them.

The APP can host its own advertising, from affiliates, or from advertising networks. This advertising is shown by advertising servers that use cookies to show user related advertising content. Each of these advertising servers has its own privacy policy.

GLASSY intends not to collect any personal data pertaining to persons under fourteen years of age. If this is your case, do not provide us with any personal information. The user can exercise his rights of access, rectification, opposition, cancellation, deletion, limitation or portability by means of written communication, attaching a photocopy of his identification document, sent to Gradient Technologies, LLC (responsible for the file), located in Godella – Valencia (Spain), Plaza Santa Magdalena Sofia, 4, or via email sent to the following address: info@glassy.pro

Likewise, the user may revoke at any time the consent provided for the processing and communication of his data using any of the two means mentioned.
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INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The APP contains diverse material (including, but not limited to, databases, images, drawings, graphics, text files, audio, video, and software) owned by GLASSY and consequently protected by national or international intellectual and industrial property laws. The compilation (understood as the collection, design, ordering and assembly) of all the content of the page is the exclusive property of GLASSY and is protected by national and international industrial and intellectual property laws.

GLASSY's trademarks, labels, distinctive signs or logos that appear on the website are owned by GLASSY and are duly registered or in the process of registration. Denominations of other products, services and companies that appear in the APP may be trademarks of their respective legitimate owners.

By using the APP, the user cannot redistribute or sell parts of the APP or create an APP based product or service, copy the content (except what has been directly introduced by himself), download or create feeds from the content, use the APP to create another data set related to the information contained in the APP in order to provide a service, reverse engineer or attempt to extract the source code of the APP or any related software, or develop any conduct that infringes the rights of third parties (including their privacy, advertising and intellectual property rights).

EXCEPTION

In the event that any of the conditions or clauses of these Terms and Conditions will be without effect, the rest of them will not be harmed or affected by it. The condition or clause that is left without effect will be replaced by another that modifies the same clause and comes as close as possible to the purpose of the previous one.
APPLICABLE LAW, LANGUAGE AND JURISDICTION

The Spanish laws are the ones that govern the access and use of the APP as well as the present Terms and Conditions. To the maximum extent permitted by the legal provisions, the language that will govern these Terms and Conditions shall be Spanish. Translations into other languages, if any, will be provided only for the purpose of facilitating its understanding. The Spanish version of these terms and conditions will always be available at the following web address: https://glassy.pro/privacy_policy.html. Except for imperative jurisdiction, the parties submit to the jurisdiction of the Courts and Tribunals of the City of Valencia (Spain) for any dispute regarding its interpretation, fulfillment or execution.