Privacy Policy and Service Agreement SMART CLAN

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Service Agreement | Service Agreement

Privacy Policy

Smart Products Connection, S.A., hereinafter SPC, is a company based in the Álava Technology Park, Leonardo da Vinci 14 01510 (Miñano) Álava, Spain.
At SPC, we are committed to our users' privacy. Therefore, we have developed this Privacy Policy to provide our users with information about how we handle their personal data when they use our SMART CLAN app along with our wearables compatible with SMART CLAN.
The rest of SPC's products, applications, and websites that do not include a link to this Privacy Policy and include a link to a different SPC privacy policy will be governed by that privacy policy.
We consider "Personal data" to be all information associated with an identified or identifiable natural person.

1. Categories of personal data processed by SPC.

a. Personal data processed when creating an SPC account
When creating a SMART CLAN account, we ask the user for their email address and password.

b. Personal data processed when adding a device to SMART CLAN
When adding a device, the wearable's MAC address is sent to the associated server, and this data is recorded. From that moment, the device is linked to the user.
If the wearable has the capability to display contacts, these will be read from the device. Contacts will also be read from the device when receiving a call in order to show the contact name on the SPC wearable.
If the wearable has the capability to display the weather, the device's location will be checked to retrieve the local weather and display it on the SPC wearable.

c. Personal data processed when the user transfers their workouts, location, and activity data from an SPC wearable
Each time the user syncs their SPC wearable, either automatically or manually, we record the workouts logged with the SPC wearable (such as running, walking, cycling, swimming training, hiking, gym activities, etc.) and activity data (such as steps, distance, pace, standing time, active time, calories burned, heart rate, sleep, location, menstrual cycle information, etc.) from the device to their SMART CLAN account.

d. Data we collect when synchronizing with the SMART CLAN server.
SMART CLAN regularly synchronizes information about physical activity and workouts with the web service. With each synchronization connection, we record data related to the transmission and the device on which the SMART CLAN app is installed, such as the IP address used during synchronization, the date and time of synchronization, diagnostic/block logs, the device's geographic location, operating system and its version, and information about the network used for synchronization (for example, Wi-Fi or mobile).

e. Personal data processed when the user contacts our support center
When the user interacts with our customer support representatives via the internet or by phone, we collect personal information such as their name, postal address, phone number, email address, and contact preferences, as well as information about the SPC products they own, such as serial numbers and purchase date. We also record data related to the operating system and version on which the SMART CLAN app is installed. To improve our customer service, and when applicable law permits, with the user's prior consent, we may also record and review the user's conversations with support representatives and analyze any feedback they provide through voluntary customer surveys.

2. Purpose

We process the information you provide us with the purpose of managing the SMART CLAN app in which you will register. The legal basis for the processing and communication of the data is compliance with a legal obligation. The recipients of the information are the competent public administrations for the fulfillment of legal obligations.
In this way, we will carry out a proper management of the requested service. In this regard, the data you provide us both when creating your account with us and to create your profile will be processed to:

Manage the requested service.
Send you messages from SMART PRODUCTS CONNECTION, S.A. to inform you about improvements or news in our products and services. Remember that you can always customize these messages through your customer account settings and in section 6 (Rights) we explain how you can request not to receive this type of communication.
Prevent abuse and fraud in the use of our services (for example, fraudulent activities, denial of service attacks, spam sending, among others).
Transfer of data to organizations and public authorities, provided they are required in accordance with legal and regulatory provisions.
The data collected may be used by a third party to monitor your physical activity, as long as you are registered in a fitness or nutritional program (with prior consent).

3. Data retention period

How long do we keep your data?

Your data will be kept as long as the commercial relationship with us lasts, you do not request its deletion, as well as the time necessary to comply with legal obligations.

4. Legal basis

What is the legal basis for processing your data?

The legal basis for processing your data lies in:

The execution of a contract in relation to the purpose indicated in section 1.a above.
The user's consent in relation to the purpose indicated in section 1.b.
The legitimate interest of SMART PRODUCTS CONNECTION, S.A. in relation to the purpose indicated in section 1.c above.
The fulfillment of legal obligations applicable to SMART PRODUCTS CONNECTION, S.A. for the purpose indicated in section 4 above.

5. Recipients

To which recipients will your data be communicated?

Your personal data will be communicated to third parties in the following cases:

Your data may be accessed by those providers who offer services to SMART PRODUCTS CONNECTION, S.A., such as content hosting services, instant messaging, notification sending, advertising services, etc. SMART PRODUCTS CONNECTION, S.A. has signed the corresponding data processing agreements with each of the providers offering services to SMART PRODUCTS CONNECTION, S.A. in order to ensure that these providers will process your data in accordance with the provisions of current legislation.
Your personal data may also be transferred to the competent authorities in cases where there is a legal obligation.
The collected data may be used by a third party to monitor your physical activity, provided that you are enrolled in a fitness or nutritional program (under prior and express consent).

6. Rights

What are your rights when you provide us with your data and how can you exercise them?

You have the right to obtain confirmation about whether SMART PRODUCTS CONNECTION, S.A. is processing personal data concerning you or not.
You also have the right to access your personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
In certain circumstances, you may request the restriction of the processing of your data, in which case we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. SMART PRODUCTS CONNECTION, S.A. will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
You may also exercise the right to data portability, as well as withdraw the consents given at any time, without this affecting the lawfulness of the processing based on consent prior to its withdrawal.
If you wish to exercise any of your rights, you can contact us via the email address dpd@spc.es or by writing to the postal address indicated above. Remember to provide as much information as possible about your request: full name, email address you use for the account or portal subject to your request.
Finally, we inform you that you can contact the data protection agency or commission of your country and other competent public bodies for any claim arising from the processing of your personal data.

Service Agreement

This service agreement regulates the use and utilization of the SMART CLAN mobile application owned by SMART PRODUCTS CONNECTION S.A.
The use of the APP grants you the status of its user and implies your full and unconditional acceptance of each and every one of the conditions published in this service agreement.
Before accepting the Agreement, it is assumed that you have carefully read all the contents of the Agreement and fully understand its terms, especially the restrictive clauses or exceptions. The restrictive clauses or exceptions are indicated in bold or otherwise highlighted to draw your attention. If you have any doubts regarding the terms of the Agreement, please contact the corresponding business department of SMART PRODUCTS CONNECTION S.A.. Use of the service is not allowed before reading and accepting all the terms of the Agreement, relevant agreements, and rules, etc. Once you select "agree and submit the Agreement" (see the registration page for detailed wording) and complete the registration process, or use the service in any way, it will be considered that you have read and accepted the restrictions of the Agreement and the rules described above. In case of breach of the Agreement, SMART PRODUCTS CONNECTION S.A. reserves the right to restrict, suspend, or unilaterally cancel the service for the user, and may exercise the right to investigate your relevant responsibilities.
The parties who sign and subscribe to the Service Agreement (hereinafter referred to as "the Agreement") are you and SMART PRODUCTS CONNECTION S.A.. The Agreement includes (but is not limited to) the APP Privacy Policy and other contents. In case of changes, SMART PRODUCTS CONNECTION S.A. will announce such changes on its official website without the need to send a new notification. After the announcement, the modified agreement and rules will automatically become part of the Agreement, without the need for you to receive a new notification to obtain your consent. If you object to these relevant changes, discontinue the use of the APP service; if you continue to use it, it will be considered that you have no objection to the modified rules and that you accept them.

I. Definitions of terms
1.1 Licensed software refers to the software system developed by SMART PRODUCTS CONNECTION S.A. downloaded from the platform and installed and applied on mobile terminals with the specified system.
1.2 Services refers to the services that SMART PRODUCTS CONNECTION S.A. provides to the user. The user can use these services on the mobile terminal with the licensed software.

II. Identification and communications
SMART PRODUCTS CONNECTION S.A., in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, informs you that:
• Its corporate name is: SMART PRODUCTS CONNECTION S.A.
• Its CIF is CIF A01042878
• Its registered office is located at Álava Technology Park, Leonardo Da Vinci 14 01510 Miñano (Álava) Spain
• Registered in the Mercantile Registry of Álava
To contact us, we provide you with different means of communication detailed below:
Phone: 944580178
Email: dpd@spc.es
All notifications and communications between users and SMART PRODUCTS CONNECTION S.A. shall be considered effective, for all purposes, when made through any of the means detailed above.

III. Service
3.1 The APP and its services are accessible through registration and are free of charge. SMART PRODUCTS CONNECTION S.A. may condition the use of some of the services offered in its APP.
3.2 The APP offers services for managing devices connected to the Internet. These functions may be optimized or modified according to changes in user requirements or at the service provider's discretion, and service supply may be suspended due to scheduled or unscheduled maintenance tasks.

IV. Scope of Service
4.1 SMART PRODUCTS CONNECTION S.A. grants the user the right to use the product based on this software.
4.2 The user is prohibited from licensing, selling, renting, transferring, publishing the product in any form, or using the product for other commercial purposes. Due to limitations of the software adaptation platform and terminals, the licensed software may only be used on the authorized system platform and authorized terminal; if the licensed software is installed on another terminal device, the operation of its hardware or software may deteriorate.
4.3 The user agrees that the licensed software may only be used for non-commercial purposes, and the installation, application, and execution of the licensed software for commercial purposes is prohibited. If such commercial operation is necessary, prior written authorization must be obtained from SMART PRODUCTS CONNECTION S.A.

4.4 SMART PRODUCTS CONNECTION S.A. may modify, update, or transfer the licensed software or relevant functions thereof periodically, and may add new functions or services to the licensed software system. If no separate agreement accompanies the aforementioned functions or services, the user will be entitled to the corresponding functions and services, which will also be subject to the Agreement.
4.5 The user is responsible for the accuracy, reliability, integrity, and legality of the entered data and the legality of the method of obtaining the data, and will perform periodic backups of the data and information. The user assumes all risks related to damage and loss of such information.
4.6 The user must properly protect their account number and password. If any security breach occurs related to their account (including, but not limited to, disclosure of the user password), they must notify SMART PRODUCTS CONNECTION S.A. immediately, and SMART PRODUCTS CONNECTION S.A. will assist the user in taking the appropriate measures. Otherwise, the user will assume all behaviors and responsibilities related to their account.

V. A third party
5.1 The user agrees that all or part of the APP service is based on software or services provided by a third party, for the purpose of facilitating its application. SMART PRODUCTS CONNECTION S.A. has the necessary legal authorization from the third party.
5.2 The product includes specific third-party information and services. SMART PRODUCTS CONNECTION S.A. does not control or assume responsibility for the third-party information and services.
5.3 The user agrees that SMART PRODUCTS CONNECTION S.A. cannot guarantee that the licensed software will always use or include such services, or that other software provided by the same third party will be used in the future. Likewise, it may use similar services supplied by another third party. After their application, the software or the corresponding services mentioned are subject to this Agreement.**

VI. Service application rules
6.1 The user must use the licensed software normally. The following forms of use violate the application rules:
1) Spreading or sharing computer viruses, worms, malicious code, or software that deliberately damages or alters the system or computer data.
2) Collecting information or data from other users without authorization, such as email addresses and similar information.
3) Maliciously using the product in an automated way that causes server overload or interferes with or causes other damage to the web server and network links.
4) Attempting to access server data or product communication data without authorization.
5) Interfering with or causing damage to other users' production applications.
6.2 The user understands and agrees that:
1) SMART PRODUCTS CONNECTION S.A. will determine if the user is involved in violations of the aforementioned application rules, and will suspend or cancel their application license according to the results of its resolution or impose other restrictions under the applicable agreements.
2) SMART PRODUCTS CONNECTION S.A. will directly delete information issued by the user during the use of the licensed software that violates the law, infringes other legal rights, or breaches the Agreement.
3) If a third party suffers damages arising from the user's non-compliance with the applicable rules, the user will independently assume legal responsibility on their behalf and will protect and indemnify SMART PRODUCTS CONNECTION S.A. against additional losses or expenses arising from the same. Otherwise, SMART PRODUCTS CONNECTION S.A. holds the right to claim the corresponding compensation.
4) If SMART PRODUCTS CONNECTION S.A. suffers any loss due to the user's non-compliance with the law or the Agreement, the user will indemnify SMART PRODUCTS CONNECTION S.A. for the resulting losses and/or expenses.

VII. Rule on the content of information
7.1 The user agrees not to perform any act that violates the law and not to engage in inappropriate behavior through the use of the service. These acts and behaviors include, but are not limited to:
7.1.1 Upload, transfer, or share information that includes any of the contents described below; contents that:
1) Violate the fundamental principles stipulated in the Constitution.
2) Endanger state security, reveal state secrets, undermine state power, and endanger the unity of the state.
3) Harm the honor and benefit of the state.
4) Incite national hatred and discrimination and endanger the unity of the state.
5) Break the state's religious policy and promote heresy and feudal superstition.
6) Spread rumors, disturb social order, and break social stability.
7) Promote obscenity, pornography, gambling, violence, murder, and terror or incite a crime.
8) Insult or slander other persons or infringe the legal rights and interests of others.
9) Include false, fraudulent, threatening contents, violate the privacy of others, harassing, criminal, defamatory, indecent, or morally repugnant contents.
10) Include other contents restricted or prohibited under legislation, regulations, codes, provisions, and other applicable legal norms.
7.2 Contents by SMART PRODUCTS CONNECTION S.A.
All contents of the APP, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose ownership belongs to SMART PRODUCTS CONNECTION S.A., without any exploitation rights being understood to be granted to the user beyond what is strictly necessary for the proper use of the APP.
Likewise, all trademarks, trade names, or distinctive signs of any kind appearing on the website are the property of SMART PRODUCTS CONNECTION S.A. or correctly referred to their legitimate owner, without it being understood that the use or access to them grants the user any rights over them.
The distribution, modification, transfer, or public communication of the content and any other act not expressly authorized by the holder of the exploitation rights is prohibited.
The establishment of a hyperlink does not imply in any case the existence of relationships between SMART PRODUCTS CONNECTION S.A. and the owner of the website where it is established, nor the acceptance and approval by SMART PRODUCTS CONNECTION S.A. of its content or services.
SMART PRODUCTS CONNECTION S.A. is not responsible for the use each user makes of the materials made available in this APP nor for the actions taken based on them.

VIII. Exclusion of warranties and liability
The content of this APP is general in nature and has a purely informative purpose, without fully guaranteeing access to all content, nor its completeness, correctness, validity, or timeliness, nor its suitability or usefulness for a specific purpose.
SMART PRODUCTS CONNECTION S.A. excludes, to the extent permitted by law, any liability for damages of any kind arising from:
a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of defects and flaws of all kinds in the content transmitted, disseminated, stored, made available, or accessed through the APP or the services offered.
b) The presence of viruses or other elements in the content that may cause alterations in users' computer systems, electronic documents, or data.
c) The breach of laws, good faith, public order, traffic customs, and this legal notice as a consequence of the incorrect use of the APP. In particular, and by way of example, SMART PRODUCTS CONNECTION S.A. is not responsible for the actions of third parties that violate intellectual and industrial property rights, trade secrets, rights to honor, personal and family privacy, and image rights, as well as regulations regarding unfair competition and illicit advertising.
Likewise, SMART PRODUCTS CONNECTION S.A. declines any responsibility regarding information found outside this APP and not directly managed by our webmaster. The function of the links appearing in this APP is exclusively to inform the user about the existence of other sources that may expand the content offered by this APP. SMART PRODUCTS CONNECTION S.A. does not guarantee nor is responsible for the operation or accessibility of the linked sites; nor does it suggest, invite, or recommend visiting them, and therefore will not be responsible for the results obtained. SMART PRODUCTS CONNECTION S.A. is not responsible for the establishment of hyperlinks by third parties.

IX. Privacy Policy and Data
9.1 SMART PRODUCTS CONNECTION S.A. gives the highest priority to the protection of your personal information. SMART PRODUCTS CONNECTION S.A. has developed the APP Privacy Policy, which includes content related to ownership and protection of intellectual property, as well as the collection, use, disclosure, storage, and protection, etc. of your information. It is recommended to read the APP Privacy Policy carefully.

X. Exemption Clauses
10.1 Unless otherwise specified in legislation and regulations, SMART PRODUCTS CONNECTION S.A. will make its best efforts to ensure the protection, validity, accuracy, and reliability of the licensed software and related technologies and information; however, SMART PRODUCTS CONNECTION S.A. cannot fully guarantee them due to the limitations of currently available technologies.
10.2 The user agrees that SMART PRODUCTS CONNECTION S.A. will not assume any responsibility in relation to direct or indirect losses arising from force majeure situations and third-party breaches.
10.3 The user will assume responsibility for personal injuries or incidental or indirect injuries arising from or related to any of the following incidents: 1) A third party uses the licensed software or changes its data without permission; 2) Expenses and losses derived from the use of the licensed software; 3) Misunderstanding of the licensed software by the user; 4) Other losses related to the licensed software arising from reasons not attributable to SMART PRODUCTS CONNECTION S.A.
10.4 Any other software obtained from the licensed software that has not been developed and published by SMART PRODUCTS CONNECTION S.A. or the development and publication of software not authorized by SMART PRODUCTS CONNECTION S.A. is considered illegal software. Downloading, installing, and using this type of software may cause unpredictable risks. SMART PRODUCTS CONNECTION S.A. will be exempt from legal responsibilities and litigation arising from these activities and SMART PRODUCTS CONNECTION S.A. will have the right to suspend or cancel the application license and/or all remaining services.
10.5 The user has been informed that the use of the APP involves Internet service, which may be affected by unstable factors in all communication links. Although SMART PRODUCTS CONNECTION S.A. has taken protective measures, the service may be suspended, canceled, delayed, experience application restrictions, or application failures due to inherent defects in the Internet and electronic communications, as well as factors beyond the reasonable control of any party related to the Agreement (including, but not limited to, fire, flood, terrorist attack, plague, natural disasters, riot, terminal virus, hacker attack, network failure, and terminal failure). Hereby, the user agrees to assume the risks indicated above and acknowledges that it will be exempt from any liability when the normal operation of the services is affected by the risks indicated above.

XI. Termination of the Agreement and Breach of the Agreement
11.1 The user must understand that they will use the licensed software in accordance with the scope of authorization, respect the intellectual property of the software and the content included in the software, and fulfill their obligations in accordance with the Agreement when using the services of SMART PRODUCTS CONNECTION S.A. The application license will be canceled if the user commits a material breach of the Agreement.
11.2 The application of the software is based on support services provided by companies related to SMART PRODUCTS CONNECTION S.A.. The user's breach of terms, agreements, rules, notifications, and other relevant regulations of SMART PRODUCTS CONNECTION S.A. and its related companies may cause a breach of the normal use of the licensed software; in such case, SMART PRODUCTS CONNECTION S.A. may exercise its right to cancel the application license, or take measures to restrict its application license or other rights and interests controlled by SMART PRODUCTS CONNECTION S.A. as stipulated in the Agreement, including suspension or cancellation of the application license.
11.3 In the event of the user's breach of the Agreement or other agreements signed with SMART PRODUCTS CONNECTION S.A., it shall have the right to inform related companies to require them to take restrictive measures regarding their rights and interests, including requesting the relevant companies to suspend or partially or fully cancel the services they provide to the user, and to announce the user's breach of the agreement on the websites that these companies operate or effectively control.
11.4 The licensed software is downloaded from the download platform, and the user must comply with the provisions of the download platform, the system platform, and the terminal manufacturer regarding application alternatives and restrictions of the licensed software. If the aforementioned third party confirms that the user has breached or breaches the Agreement and SMART PRODUCTS CONNECTION S.A.'s intervention is required, it may cancel the user's application license at the third party's request.
11.5 In case of application license cancellation, the user must cease using the licensed software and destroy all copies.
11.6 The user must assume all indemnification responsibilities if SMART PRODUCTS CONNECTION S.A. and other users suffer losses arising from their breach of the terms stipulated in the Agreement.

XII. Applicable law and severability
In the event that any user or third party considers that there are facts or circumstances revealing the unlawful nature of the use of any content and/or the carrying out of any activity in the APP itself or on the websites included or accessible through the APP (owned by SMART PRODUCTS CONNECTION S.A.), they must send a notification to SMART PRODUCTS CONNECTION S.A. properly identifying themselves, specifying the alleged infringements, and expressly declaring under their responsibility that the information provided in the notification is accurate.
To file any complaint or claim with SMART PRODUCTS CONNECTION S.A., the customer must contact the customer service department.
For any dispute concerning the SMART PRODUCTS CONNECTION S.A. website, Spanish law shall apply, and the Courts and Tribunals of Vitoria shall have jurisdiction.
According to the EU Online Dispute Resolution for consumer matters and pursuant to Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.
The present conditions shall be governed by the current Spanish legislation.

Privacy policy

Smart Products Connection, S.A., hereinafter SPC, is a company based in Álava Technology Park, Leonardo da Vinci 14 01510 (Miñano) Álava, Spain.
At SPC we are aware of the privacy of our users. For this reason, we have developed this Privacy Policy trying to offer our users information about how we process their personal data when they use our SMART CLAN app together with our SMART CLAN-compatible wearable devices.
All other SPC products, applications and websites that do not include a link to this Privacy Policy and include a link to a different SPC privacy policy will be governed by that privacy policy.
We consider "Personal Data" as all information that is associated with an identified or identifiable natural person.

1. Categories of personal data processed by SPC.

a. Personal data that is processed when creating an SPC account
When creating a SMART CLAN account, we ask the user for their email address and password.

b. Personal data that is processed when adding a device to SMART CLAN
When adding a device, the MAC address of the wearable is sent to the associated server, which is recorded. From that moment on, the device is linked to the user.
If the wearable has the ability to display contacts, they will be read from the device. The device's contacts will also be read when receiving a call in order to display the contact name on the SPC wearable.
If the wearable has the ability to display the weather, the location of the device will be consulted to check the weather in the area and display it on the SPC wearable.

c. Personal data that is processed when the user transfers their workouts, location and activity data from an SPC wearable
Every time the user syncs their SPC wearable either by automatic synchronization or manually, we record the workouts recorded with the SPC wearable (such as runs, walks, bike rides, swimming training, hiking, gym activities, etc.) and activity data (such as steps, distance, pace, standing time, activity time, calories burned, heart rate, sleep, location, menstrual cycle information, etc.) from the device to your SMART CLAN account

d. Data we collect when synchronizing with the SMART CLAN server.
SMART CLAN regularly synchronizes physical activity and workout information with the web service. With each sync connection, we log data related to the transmission and the device on which the SMART CLAN app is installed, such as the IP address used when syncing, the date and time of the sync, diagnostic/crash logs, the geographical location of the device, operating system and version, and information about the network used for synchronization (for example, Wi-Fi or mobile).

e. Personal data that is processed when the user contacts our support centre
When you interact with our customer support representatives online or by telephone, we collect personal information such as your name, mailing address, telephone number, email address, and contact preferences, as well as information about the SPC products you own, such as serial numbers and purchase date. We also record data related to the operating system and version on which the SMART CLAN app is installed. To improve our customer service, and where permitted by applicable law, with the user's consent, we may also record and review the user's conversations with support service representatives and analyse any feedback provided to us through voluntary customer surveys.

2. Purpose

We process the information you provide us with in order to manage the SMART CLAN app for which you are going to register. The legal basis on which the processing and communications of data is based on compliance with a legal obligation. The recipients of the information are the public administrations competent to comply with legal obligations.
In this way, we carry out the correct management of the requested service. In this sense, the data you provide us both when creating your account with us and to create your profile will be processed to:

Manage the requested service.
Send you messages from SMART PRODUCTS CONNECTION, S.A. to inform you of improvements or news in our products and services. Remember that you can always customise these notifications through the settings of your customer account and in section 6 (Rights) we explain how you can request not to receive this type of communication.
Prevent abuse and fraud in the use of our services (for example, fraudulent activities, denial of service attacks, spam delivery, among others).
Transfer of data to organisations and public authorities, as long as they are required in accordance with legal and regulatory provisions.
The data collected may be used by a third party to monitor your physical activity, as long as you are enrolled in a fitness or nutritional program (with prior consent).

3. Data retention period

How long do we keep your data?

Your data will be kept for the duration of the commercial relationship with us, unless you request its deletion, as well as the time necessary to comply with legal obligations.

4. Reasoning

What is the reasoning for the processing of your data?

The legal basis for processing your data lies in:

The execution of a contract in relation to the purpose indicated in section 1 a above.
The user's consent in relation to the purpose indicated in section 1 b.
The legitimate interest of SMART PRODUCTS CONNECTION, S.A. in relation to the purpose indicated in section 1 c above.
Compliance with legal obligations applicable to SMART PRODUCTS CONNECTION, S.A. for the purpose indicated in section 4 above.

5. Recipients

To which recipients will your data be communicated?

Your personal data will be communicated to third parties in the following cases:

Your data may be accessed by providers that provide services to SMART PRODUCTS CONNECTION, S.A., such as content hosting services, instant messaging, notification delivery, advertising services, etc. SMART PRODUCTS CONNECTION, S.A. has signed the corresponding custom processing contracts with each of the suppliers that provide services to SMART PRODUCTS CONNECTION, S.A. in order to ensure that these providers will process your data in accordance with the provisions of current legislation.
Your personal data may also be transferred to the competent authorities in cases where there is a legal obligation.
The data collected may be used by a third party to monitor your physical activity, as long as you are enrolled in a fitness or nutritional program (with prior explicit consent).

6. Rights

What are your rights when you provide us with your data and how can you exercise them?

You have the right to obtain confirmation about whether SMART PRODUCTS CONNECTION, S.A. is processing personal data that concerns you or not.
You also have the right to access your personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which they were collected.
In certain circumstances, you may request the limitation of the processing of your data, in which case we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. SMART PRODUCTS CONNECTION, S.A. will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
You can also exercise the right to data portability, as well as withdraw the consent provided at any time, without affecting the legality of the processing based on the consent prior to its withdrawal.
If you wish to exercise any of your rights, you can contact us via the email address dpd@spc.es or by writing to the postal address shown above. Remember to provide as much information as possible about your request: full name, email address you use for the account or portal that is the subject of your request.
Finally, we inform you that you can go to the data protection agency or commission in your country and other competent public bodies for any claim arising from the processing of your personal data.

Service Agreement

This service agreement governs the use of the SMART CLAN APP owned by SMART PRODUCTS CONNECTION S.A.
The use of the APP grants you the status of user and entails your full and unconditional acceptance of each and every one of the conditions published in this service agreement.
Before accepting the Agreement, it is assumed that you have carefully read all the contents of the Agreement and that you are fully aware of its terms, especially the restrictive clauses or exceptions. Restrictive clauses or exceptions are indicated in bold or otherwise highlighted to capture your attention. In the event of queries regarding the terms of the Agreement, contact the corresponding business department of SMART PRODUCTS CONNECTION S.A. It is not allowed to use the service before having read and accepted all the terms of the Agreement, relevant agreements and regulations, etc. Once you select "agree and submit the Agreement" (see the registration page for detailed wording) and complete the registration procedure, or use the service in any way, you will be deemed to have read and accepted the restrictions of the Agreement and the rules described above. In the event of breach of the Agreement, SMART PRODUCTS CONNECTION S.A. holds the right to unilaterally restrict, suspend or cancel the service for the user, and may exercise the right to investigate their relevant responsibilities.
The parties who sign and subscribe the Service Agreement (hereinafter referred to as "the Agreement") are you and SMART PRODUCTS CONNECTION S.A. The Agreement includes (but is not limited to) the Privacy Policy of the APP and other content. In the event of change, SMART PRODUCTS CONNECTION S.A. will announce that change on its official website without the need to send a new notification. After the announcement, the modified agreement and rules will become part of the Agreement automatically, without the need for you to receive a new notification to obtain your consent. In the event of objection to these changes, discontinue use of the APP service; if you continue to use it, you will be deemed to have no objection to the changed rules and to abide by them.

I. Definition of terms
1.1 Licensed software refers to the software system developed by SMART PRODUCTS CONNECTION S.A. downloaded from the platform and installed and applied in mobile terminals with the specified system.
1.2 Services refers to the services that SMART PRODUCTS CONNECTION S.A. provides to the user. The user can use these services on the mobile terminal with the licensed software.

II. Identification and communications
SMART PRODUCTS CONNECTION S.A., in compliance with Law 34/2002, dated 11 July, on Information Society Services and Electronic Commerce, informs you that:
• Its corporate name is: SMART PRODUCTS CONNECTION S.A.
• Its Company Tax Code is CIF A01042878
• Its registered office is at Álava Technology Park, Leonardo Da Vinci 14 01510 Miñano (Álava) Spain
• Registered at the Mercantile Registry of Álava
To communicate with us, the following means of contact are at your disposal:
Telephone: 944580178
Email: dpd@spc.es
All notifications and communications between users and SMART PRODUCTS CONNECTION S.A. will be considered effective, for all purposes, when they are carried out through any of the means detailed above.

III. Service
3.1 The APP and its services are accessible by registration and are free of charge. SMART PRODUCTS CONNECTION S.A. may condition the use of some of the services offered in your APP.
3.2 The APP offers management services for devices connected to the Internet. These functions may be optimised or modified according to changes in user requirements or at the discretion of the service provider, and service provision may be suspended due to scheduled or unscheduled maintenance tasks.

IV. Scope of service
4.1 SMART PRODUCTS CONNECTION S.A. grants the user the right to use the product based on this software.
4.2 The user is prohibited from licensing, selling, renting, transferring or publishing the product in any way or using the product for any other commercial purpose. Due to the limitations of the software adaptation platform and terminals, you may only use the licensed software on the authorised system platform and authorised terminal; if you install the licensed software on other terminal equipment, the performance of its hardware or software may deteriorate.
4.3 The user agrees that the licensed software may only be used for non-commercial purposes, and installation, application and execution of the licensed software is prohibited. If such commercial operation is necessary, the prior written authorization of SMART PRODUCTS CONNECTION S.A. must be obtained.

4.4 SMART PRODUCTS CONNECTION S.A. may modify, update, or transfer the licensed software or relevant functions thereof from time to time, and may add new functions or services to the licensed software system. If no independent agreement accompanies the functions or services mentioned above, the user will be entitled to the corresponding functions and services, which will also be subject to the Agreement.
4.5 The user is responsible for the accuracy, reliability, integrity and legality of the data entered and the legality of the way in which the data is obtained, and will make periodic backup copies of the data and information. The user will assume all risks related to damage and loss of such information.
4.6 The user must duly protect their account number and password. If any security breach occurs in relation to their account (including, but not limited to, the disclosure of the user password), they must notify SMART PRODUCTS CONNECTION S.A. of the problem immediately, and SMART PRODUCTS CONNECTION S.A. will assist the user to adopt the corresponding measures. Otherwise, the user will assume all the behaviours and all the responsibilities related to their account.

V. A third party
5.1 The user accepts all or part of the APP service based on software or services provided by a third party, in order to facilitate its application. SMART PRODUCTS CONNECTION S.A. has the necessary legal authorisation from the third party.
5.2 The product includes specific information and services of the third party. SMART PRODUCTS CONNECTION S.A. does not control or assume responsibility with respect to the information and services of the third party.
5.3 The user accepts that SMART PRODUCTS CONNECTION S.A. cannot guarantee that the licensed software will always use or include such services, or that other software provided by the same third party will be used in the future. It can also use similar services provided by another third party. Upon application, the software or corresponding services mentioned are subject to this Agreement.**

VI. Service application standard
6.1 The user should use the licensed software in a normal way. The following forms of use do not comply with the application rule:
1) Spreading or sharing computer viruses, worms, malicious code or software that deliberately damages or changes the computer system or data.
2) Collecting information or data from other users without authorisation, for example email address and similar information.
3) Maliciously using the product in an automated way that causes server overload or interferes or causes other damage to the web server and network links.
4) Trying to visit server data or product communication data without authorisation.
5) Interfering with or causing damage to the production application of other users.
6.2 The user understands and accepts that:
1) SMART PRODUCTS CONNECTION S.A. will determine if the user is involved in violations of the application rule mentioned above, and will suspend or cancel their application license in accordance with the results of its resolution or adopt other restrictions under the applicable agreements.
2) SMART PRODUCTS CONNECTION S.A. will directly delete the information issued by the user during the use of the licensed software that violates the law, violates other legal rights or violates the Agreement.
3) If a third party suffers damages derived from the breach by the user of the application rules, the user will independently assume legal responsibility on their behalf and will protect and indemnify SMART PRODUCTS CONNECTION S.A. against losses or additional expenses derived from it. Otherwise, SMART PRODUCTS CONNECTION S.A. maintains the right to claim the corresponding compensation.
4) If SMART PRODUCTS CONNECTION S.A. suffers any loss due to breach of the legislation or the Agreement by the user, the user will indemnify SMART PRODUCTS CONNECTION S.A. with respect to the losses and/or expenses derived from it.

VII. Information content standard
7.1 The user undertakes not to perform any act that violates the legislation and not to commit inappropriate behaviour through the use of the service. These acts and behaviours include, but are not limited to:
7.1.1 Uploading, transferring or sharing information that includes any of the content described below; contents that:
1) Infringe the fundamental principles stipulated in the Constitution.
2) Endanger the security of the state, reveal state secrets, undermine the power of the state and endanger the unity of the state.
3) Harm the honour and best interest of the state.
4) Incite national hatred and discrimination and endanger the unity of the state.
5) Break the religious policy of the state and promote heresy and feudal superstition.
6) Spread rumours, disrupt social order and break social stability.
7) Encourage obscenity, pornography, gambling, violence, murder and terror or instigate a crime.
8) Insult or slander other people or infringe the legal rights and interests of other people.
9) Include false, fraudulent, threatening content that violates the privacy of other people, are harassing, criminal, defamatory, indecent or morally repulsive.
10) Include other restricted or prohibited content by virtue of the legislation, regulations, codes, provisions and other legal regulations in force.
7.2 Content by SMART PRODUCTS CONNECTION S.A.
All the content of the APP, such as text, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to SMART PRODUCTS CONNECTION SA, without it being understood that the exploitation rights over them beyond other than that strictly necessary for the correct use of the APP are assigned to the user.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of SMART PRODUCTS CONNECTION S.A. or correctly referred to its legitimate owner, without it being understood that the use or access to it gives the user any right over them.
The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised by the owner of the exploitation rights are prohibited.
The establishment of a hyperlink does not imply in any case the existence of relations between SMART PRODUCTS CONNECTION S.A. and the owner of the website on which it is established, nor the acceptance and approval by SMART PRODUCTS CONNECTION S.A. of its contents or services.
SMART PRODUCTS CONNECTION S.A. is not responsible for the use that each user gives to the materials made available in this APP or for the actions carried out based on them.

VIII. Exclusion of guarantees and responsibility
The content of this APP is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, or its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose.
SMART PRODUCTS CONNECTION S.A. excludes, as far as the legal system allows, any liability for damages of any kind arising from:
a) The inability to access the website or the lack of veracity, accuracy, completeness and/or timeliness of the contents, as well as the existence of flaws and defects of all kinds of the contents transmitted, disseminated, stored, made available, which have been accessed through the APP or the services offered.
b) The presence of viruses or other elements in the content that may cause alterations in computer systems, electronic documents or user data.
c) Failure to comply with laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the APP. In particular, and by way of example, SMART PRODUCTS CONNECTION S.A. is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and the image itself, as well as the regulations on unfair competition and illegal advertising.
Likewise, SMART PRODUCTS CONNECTION S.A. declines any responsibility regarding the information that is outside this APP and is not managed directly by our webmaster. The function of the links that appear in this APP is exclusively to inform the user about the existence of other sources capable of expanding the content offered by this APP. SMART PRODUCTS CONNECTION S.A. does not guarantee or take responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. SMART PRODUCTS CONNECTION S.A. is not responsible for the establishment of hyperlinks by third parties.

IX. Privacy and data policy
9.1 SMART PRODUCTS CONNECTION S.A. places the highest priority on the protection of your personal information. SMART PRODUCTS CONNECTION S.A. has prepared the Privacy Policy of the APP, which includes content related to the ownership and protection of intellectual property, as well as the collection, use, disclosure, storage and protection, etc. of your information. It is recommended to carefully read the Privacy Policy of the APP.

X. Exception clauses
10.1 Unless otherwise specified in legislation and regulations, SMART PRODUCTS CONNECTION S.A. will make its best efforts to ensure the protection, validity, accuracy and reliability of the licensed software and related technologies and information; however, SMART PRODUCTS CONNECTION S.A. cannot fully guarantee them due to the limitations of currently available technologies.
10.2 The user accepts that SMART PRODUCTS CONNECTION S.A. will not assume any responsibility in relation to direct or indirect losses derived from situations of force majeure and breach by a third party.
10.3 The user will assume responsibility for personal injury or incidental or indirect injuries resulting from or related to any of the following incidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses arising from the use of the licensed software; 3) User misunderstanding the licensed software; 4) Other losses related to licensed software arising from reasons not attributable to SMART PRODUCTS CONNECTION S.A.
10.4 Any other software obtained from licensed software that has not been developed and published by SMART PRODUCTS CONNECTION S.A. or the development and publication of software not authorized by SMART PRODUCTS CONNECTION S.A. are considered illegal software. Downloading, installing, and using this type of software can cause unpredictable risks. SMART PRODUCTS CONNECTION S.A. will be exempt from legal responsibilities and litigation arising from these activities and SMART PRODUCTS CONNECTION S.A. will have the right to suspend or cancel the application license and/or all remaining services.
10.5 The user has been informed that the use of the APP implies Internet service, which may be affected by unstable factors in all communication links. Although SMART PRODUCTS CONNECTION S.A. has adopted protective measures, the service may be suspended, canceled, delayed, experience application restrictions or application failures arising from defects inherent in the Internet and electronic communications, as well as factors beyond the reasonable control of any party linked to the Agreement (including, but not limited to, fire, flood, terrorist attack, plague, natural disaster, riot, terminal virus, hacker attack, network failure, and terminal failure). The user hereby agrees to assume the risks indicated above and acknowledges that they will be exempt from any liability when the normal operation of the services is affected by the risks indicated above.

XI. Cancellation of the Agreement and breach of the Agreement
11.1 The user must understand that they will use the licensed software in accordance with the scope of authorization, respect the intellectual property of the software and the contents included in the software, and fulfill their obligations according to the Agreement when using the services of SMART PRODUCTS CONNECTION S.A. This will cancel the application license if the user materially breaches the Agreement.
11.2 The application made of the software is based on support services provided by companies related to SMART PRODUCTS CONNECTION S.A. The breach by the user of terms, agreements, standards, notifications and other relevant regulations of SMART PRODUCTS CONNECTION S.A. and its related companies may cause a breach of normal use of the licensed software; in this case, SMART PRODUCTS CONNECTION S.A. may exercise its right to cancel the application license, or adopt measures to restrict your application license or other rights and interests controlled by SMART PRODUCTS CONNECTION S.A. stipulated in the Agreement, including the suspension or cancellation of your application license.
11.3 In the event of breach by the user of the Agreement or of other agreements signed with SMART PRODUCTS CONNECTION SA, it will have the right to inform the related companies to require that they adopt restrictive measures with respect to their rights and interests, including the request to the corresponding companies to suspend or cancel all or part of the services they provide to the user, and announce their breach of the agreement on the websites that these companies operate or control effectively.
11.4 The licensed software is downloaded from the download platform and the user must comply with the provisions of the download platform, the system platform and the terminal manufacturer regarding the application alternatives and restrictions of the licensed software. If the aforementioned third party confirms that the user has breached or breaches the Agreement and the intervention of SMART PRODUCTS CONNECTION S.A. is required, it may cancel its application license at the request of the third party.
11.5 In the event of cancellation of the application license, the user must discontinue use of the licensed software and destroy all copies.
11.6 The user must assume all liability for compensation if SMART PRODUCTS CONNECTION S.A. and other users suffer losses derived from their breach of the terms stipulated in the Agreement.

XII. Current legislation and severability
In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and/or the performance of any activity on the APP itself or on the web pages included or accessible through the APP (owned by SMART PRODUCTS CONNECTION S.A.), you must send a notification to SMART PRODUCTS CONNECTION S.A. duly identifying yourself, specifying the alleged infractions and expressly declaring and under your responsibility that the information provided in the notification is accurate.
To file any complaint or claim with SMART PRODUCTS CONNECTION S.A. the customer should go to the customer service department.
For any litigious matter that concerns the SMART PRODUCTS CONNECTION S.A. website, Spanish legislation will be applicable, the Courts and Tribunals of Vitoria being the competent authority.
According to the Resolution of online disputes in consumer matters of the EU and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/.
The present conditions will be governed by current Spanish legislation.

Privacy Policy

Smart Products Connection, S.A., hereinafter referred to as SPC, is a company based in Parque Tecnológico de Álava, Leonardo da Vinci 14 01510 (Miñano) Álava, Spain.
At SPC, we care about protecting the privacy of our users. For this reason, we have created this privacy policy to inform our users about how we handle their personal data when they use our SMART CLAN app together with our SMART CLAN compatible wearable devices.
All other SPC products, apps, and websites that do not contain a link to this privacy policy and contain a link to another SPC privacy policy are governed by that privacy policy.
By "Personal Data" we mean all information associated with an identified or identifiable natural person.

1. Categories of personal data processed by SPC.

a. Personal data processed when creating an SPC account
When creating a SMART CLAN account, we ask the user for their email address and password.

b. Personal data processed when adding a device to SMART CLAN
As soon as a device is added, the MAC address of the wearable is sent to and recorded on the associated server. The device is then linked to the user.
If the wearable has the capability to display contacts, these are read from the device. Contacts are also read from the device when a call is incoming to display the contact's name on the SPC Wearable.
If the wearable is capable of displaying the weather, the device's location is queried to check the weather in the surrounding area and display it on the SPC Wearable.

c. Personal data processed when the user transfers their training, location, and activity data from an SPC Wearable
Every time the user synchronizes their SPC Wearable either automatically or manually, we record the training sessions (such as running, walking, cycling, swimming training, hiking, fitness activities, etc.) and activity data (such as steps, distance, pace, standing time, activity time, calories burned, heart rate, sleep, location, menstrual cycle information, etc.) recorded with the SPC Wearable from the device to their SMART CLAN account.

d. Data we collect when synchronizing with the SMART CLAN server.
SMART CLAN regularly synchronizes physical activity and training data with the web service. At each synchronization connection, we record data about the transmission and the device on which the SMART CLAN app is installed, such as the IP address used during synchronization, the date and time of synchronization, diagnostic/blocking logs, the device's geographic location, the operating system and device version, as well as information about the network used for synchronization (e.g., Wi-Fi or mobile network).

e. Personal data processed when you contact our support center
When you contact our customer service representatives online or by phone, we collect personal data such as your name, postal address, phone number, email address, and contact preferences, as well as information about the SPC products you own, such as serial numbers and purchase date. We also collect data about the operating system and version on which the SMART CLAN app is installed. To improve our customer service, we may, where permitted by applicable law, record and evaluate your conversations with our customer service representatives with your consent, as well as analyze your feedback provided in voluntary customer surveys.

2. Purpose

We process the information you provide to us for the purpose of managing the SMART CLAN app, in which you will register. The legal basis on which the processing and transmission of the data is based is the fulfillment of a legal obligation. The recipients of the information are the public administrations responsible for fulfilling the legal obligations.
In this way, we will carry out the proper management of the requested service. In this regard, the data you provide us both when creating your account with us and when creating your profile will be processed to:

To manage the requested service.
To send you messages from SMART PRODUCTS CONNECTION, S.A. to inform you about improvements or new features of our products and services. Please note that you can personalize these messages at any time through your customer account settings. In section 6 (Rights), we explain how you can request not to receive this type of communication.
To prevent abuse and fraud in the use of our services (e.g., fraudulent activities, denial-of-service attacks, sending spam, among others).
Disclosure of data to organizations and authorities, insofar as required in accordance with legal and regulatory provisions.
The collected data may be used by third parties to monitor your physical activity, provided you participate in a fitness or nutrition program (subject to your prior consent).

3. Data retention period

How long do we keep your data?

Your data will be retained for the duration of the business relationship with us, unless you request their deletion, as well as for the period required to fulfill legal obligations.

4. Legal basis

What is the legal basis for the processing of your data?

The legal basis for the processing of your data is:

The fulfillment of a contract regarding the purpose mentioned under point 1.a.
The user's consent regarding the purpose indicated in section 1.b. above.
The legitimate interest of SMART PRODUCTS CONNECTION, S.A. regarding the purpose mentioned in section 1.c. above.
Compliance with the legal obligations applicable to SMART PRODUCTS CONNECTION, S.A. for the purpose indicated in section 4 above.

5. Recipients

To which recipients will your data be disclosed?

Your personal data will be shared with third parties in the following cases:

The suppliers that provide services to SMART PRODUCTS CONNECTION, S.A., such as content hosting services, instant messaging services, notification dispatch, advertising services, etc., may access your data. SMART PRODUCTS CONNECTION, S.A. has entered into corresponding data processing agreements with each of the suppliers providing services to ensure that these suppliers process your data in accordance with applicable legal provisions.
Your personal data may also be disclosed to the competent authorities if there is a legal obligation to do so.
The collected data may be used by third parties to monitor your physical activity, provided you are enrolled in a fitness or nutrition program (subject to prior explicit consent).

6. Rights

What rights do you have when you provide us with your data, and how can you exercise them?

You have the right to receive confirmation as to whether SMART PRODUCTS CONNECTION, S.A. processes personal data concerning you or not.
You also have the right to access your personal data and to request the correction of inaccurate data or, where appropriate, their deletion if the data, among other reasons, are no longer necessary for the purposes for which they were collected.
Under certain circumstances, you can request the restriction of the processing of your data. In this case, we will only retain the data for the assertion or defense of claims.
Under certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. In this case, SMART PRODUCTS CONNECTION, S.A. will stop processing the data unless there are compelling legitimate grounds or they serve to assert or defend any claims.
Likewise, you can exercise your right to data portability and revoke the consents given at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.
If you wish to exercise any of your rights, you can write to us by email at dpd@spc.es or by mail to the address indicated above. Please remember to provide as much information as possible about your request: first and last name, email address you use for the account or portal that is the subject of your request.
Finally, we inform you that for any claims arising from the processing of your personal data, you can contact the data protection authority or commission in your country as well as other competent public bodies.

Service Agreement

This service agreement governs the use and operation of the SMART CLAN mobile application, which is the property of SMART PRODUCTS CONNECTION S.A.
Using the APP grants you the status of an APP user and implies your full and unconditional acceptance of all the terms published in this service agreement.
Before you accept the contract, it is assumed that you have carefully read the entire content of the contract and are fully aware of its terms, especially all restrictive clauses or exceptions. Restrictive clauses or exceptions are printed in bold or otherwise highlighted to draw your attention. If you have any doubts regarding the contract terms, please contact the responsible business department of SMART PRODUCTS CONNECTION S.A. You must not use the service before you have read and accepted all the terms of the agreement, relevant agreements, and rules, etc. Once you select "agree and submit the agreement" (see registration page for detailed wording) and complete the registration process, or if you use the service in any form, it is assumed that you have read the above agreement and rules and agree to their restrictions. In the event of a breach of contract, SMART PRODUCTS CONNECTION S.A. has the right to unilaterally restrict, suspend, or terminate the service for the user and may exercise the right to investigate its corresponding liabilities.
The parties signing and concluding the service contract (hereinafter referred to as the "Contract") are you and SMART PRODUCTS CONNECTION S.A.. The agreement includes (but is not limited to) the APP's privacy policy and other content. In case of a change, SMART PRODUCTS CONNECTION S.A. will publish this change on its official website without further notice. After the announcement, the amended agreement and rules automatically become part of the agreement without you needing to receive a new notification to obtain your consent. If you object to these relevant changes, please stop using the APP service; if you continue to use it, it is assumed that you have no objections to the amended rules and will comply with them.

I. Definitions
1.1 Licensed software refers to a software system developed by SMART PRODUCTS CONNECTION S.A., which is downloaded from the platform and installed and used on certain mobile system devices.
1.2 Services refer to services that SMART PRODUCTS CONNECTION S.A. provides to the user. With the licensed software, the user can use these services on the mobile device.

II. Identification and Communication
SMART PRODUCTS CONNECTION S.A. informs you in accordance with Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce that:
• The company name is: SMART PRODUCTS CONNECTION S.A.
• Its CIF is CIF A01042878
• The company’s headquarters are located in Parque Tecnológico de Álava, Leonardo Da Vinci 14 01510 Miñano (Álava) Spain.
• Registered in the Commercial Register of Álava
To communicate with us, we offer you various contact options, which we explain in more detail below:
Phone: 944580178
E-mail: dpd@spc.es
All notifications and communications between users and SMART PRODUCTS CONNECTION S.A. are considered effective for all purposes if they are made by one of the aforementioned means.

III. Service
3.1 The APP and its services can be used free of charge through registration. SMART PRODUCTS CONNECTION S.A. may make the use of some of the services offered on its APP subject to conditions.
3.2 The APP provides services for managing devices connected to the Internet. These functions may be optimized or modified according to changed user requirements or at the discretion of the service provider, and service provision may be suspended due to planned or unplanned maintenance work.

IV. Scope of Services
4.1 SMART PRODUCTS CONNECTION S.A. grants the user the right to use the product based on this software.
4.2 You are prohibited from licensing, selling, leasing, transferring, exhibiting, or using the product for other commercial purposes in any form. Due to the limitations of the software customization platform and the end devices, you may only use the licensed software on the licensed system platform and the licensed end device. Installing the licensed software on another end device may damage your hardware or software functionality.
4.3 The user agrees that the licensed software may only be used for non-commercial purposes. If such commercial operation is necessary, prior written approval from SMART PRODUCTS CONNECTION S.A. must be obtained.

4.4 SMART PRODUCTS CONNECTION S.A. may change, update, or transfer the licensed software or relevant functions from time to time and add new functions or services to the licensed software system. Unless a separate agreement is attached to the aforementioned functions or services, the user is entitled to the corresponding functions and services, which are also subject to the contract.
4.5 The user is responsible for the accuracy, reliability, completeness, and legality of the entered data as well as the legality of the manner in which the data was obtained and will regularly make backup copies of the data and information. The user bears all risks related to damage and loss of such information.
4.6 The user must properly keep their account number and password. In the event of a security breach of your account (including, but not limited to, sharing the user password), you must notify SMART PRODUCTS CONNECTION S.A. in a timely manner, and SMART PRODUCTS CONNECTION S.A. will assist you with the appropriate measures. Otherwise, all actions related to your account will be assumed by you and you bear all responsibilities.

V. A third party
5.1 The user accepts that the APP service is wholly or partly based on software or services provided by a third party to facilitate its application. SMART PRODUCTS CONNECTION S.A. has the necessary legal authorization from the third party.
5.2 The product contains specific information and services from a third party. SMART PRODUCTS CONNECTION S.A. does not control and assumes no responsibility for third-party information and services.
5.3 The user acknowledges that SMART PRODUCTS CONNECTION S.A. cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in the future. Likewise, it may use similar services provided by another third party. Upon request, the above-mentioned corresponding software or services are subject to this agreement.**

VI. Application Standard of the Service
6.1 The user must use the licensed software in a normal manner. The following methods violate the application standard:
1) Distributing or releasing computer viruses, worms, malicious codes, or software that intentionally damage or alter the computer system or data;
2) Collecting information or data from other users without permission, such as email addresses and similar information.
3) Using the product maliciously in an automated manner to cause server overload or to disrupt or damage web server and network connections in other ways.
4) Attempting to unauthorizedly access server data or communication data of the product.
5) Disrupting or damaging the production application of other users.
6.2 You understand and agree that:
1) SMART PRODUCTS CONNECTION S.A. will determine whether the user is involved in violating the above standards or not, and may suspend or terminate the application license depending on the findings or impose other restrictions according to the agreements.
2) SMART PRODUCTS CONNECTION S.A. deletes information that violates laws or the legal rights of others or breaches agreements you made when using the licensed software.
3) If a third party suffers damage due to your violation of the application standards, the user independently assumes legal responsibility on their own behalf and protects and compensates SMART PRODUCTS CONNECTION S.A. against losses or additional costs arising therefrom. Otherwise, SMART PRODUCTS CONNECTION S.A. is entitled to claim damages.
4) If SMART PRODUCTS CONNECTION S.A. suffers damage due to a violation of applicable laws or the contract, the user is obliged to compensate SMART PRODUCTS CONNECTION S.A. for the resulting losses and/or expenses.

VII. Standard for Information Content
7.1 You promise that by using the service you will not engage in any actions that violate laws or unacceptable behaviors. Such actions and behaviors include (but are not limited to):
7.1.1 Uploading, transmitting, or sharing information containing any of the following content:
(1) Contradicting the fundamental principles established in the constitution.
2) Endangering state security, disclosure of state secrets, undermining state authority, and sabotage of state unity.
3) Harm to state honor and welfare.
4) Incitement to national hatred and discrimination and sabotage of national unity.
5) Destruction of the state's religious policy and advocacy of heresy and feudal superstition.
6) Spreading rumors, disturbing social order, and destroying social stability.
7) Distribution of obscenity, pornography, gambling, violence, murder, and terror or promotion of a crime.
8) Insult or defamation of others and violation of the legal rights and interests of others.
9) Content involving deception, fraud, harm, threats, violation of others' privacy, harassment, injury, defamation, rudeness, indecency, or morally offensive content.
10) Contains other content restricted or prohibited by applicable laws, regulations, rules, provisions, and other legal standards.
7.2 Contents of SMART PRODUCTS CONNECTION S.A.
All contents of the APP, such as texts, photographs, graphics, images, icons, technology, software as well as their graphic design and source codes, constitute a work owned by SMART PRODUCTS CONNECTION S.A.. None of the usage rights can be understood as transferred to the user, except what is strictly necessary for the correct use of the APP.
Likewise, all trademarks, trade names, or distinctive signs of any kind appearing on the website are the property of SMART PRODUCTS CONNECTION S.A. or correctly refer to their lawful owner, without it being understood that the use or access to them grants the user any rights to them.
The distribution, modification, transmission, or public reproduction of the contents and any other action not expressly approved by the holder of the usage rights is prohibited.
The establishment of a hyperlink does not in any case imply the existence of relationships between SMART PRODUCTS CONNECTION S.A. and the owner of the website in which it is established, nor the acceptance and approval of its contents or services by SMART PRODUCTS CONNECTION S.A..
SMART PRODUCTS CONNECTION S.A. is neither responsible for the use of the materials provided on this APP by the respective user nor for the actions carried out based on them.

VIII. Warranty and Disclaimer of Liability
The content of this APP is general in nature and serves only for information purposes, without guaranteeing full access to all content, its completeness, accuracy, validity, or timeliness, nor its suitability or usefulness for a specific purpose.
SMART PRODUCTS CONNECTION S.A. excludes, to the extent permitted by law, any liability for damages of any kind:
a) The impossibility of accessing the website or the lack of accuracy, precision, completeness, and/or timeliness of the content as well as the presence of errors and defects of any kind in the transmitted, distributed, stored, and made available content accessed through the APP or the offered services.
b) The presence of viruses or other elements in the content that may cause changes in computer systems, electronic documents, or user data.
c) Non-compliance with the law, good faith, public order, customary use, and these legal notices due to improper use of the APP. In particular, SMART PRODUCTS CONNECTION S.A. is not liable for actions by third parties that infringe intellectual and industrial property rights, trade secrets, honor rights, personal and family privacy and image, as well as regulations on unfair competition and illegal advertising.
Similarly, SMART PRODUCTS CONNECTION S.A. disclaims any responsibility regarding information that is outside this website and not directly managed by our webmaster. The links contained in this APP serve solely to inform the user about the existence of other sources that may expand the content offered in this APP. SMART PRODUCTS CONNECTION S.A. does not guarantee and is not responsible for the operation or accessibility of the linked pages; it does not suggest, invite, or recommend visiting these pages and is not liable for the results obtained. SMART PRODUCTS CONNECTION S.A. is not responsible for the establishment of hyperlinks by third parties.

IX. Privacy and Data
9.1 SMART PRODUCTS CONNECTION S.A. places the highest priority on protecting your personal data. SMART PRODUCTS CONNECTION S.A. has created the APP's privacy policy, which contains content related to ownership and protection of intellectual property as well as the collection, use, sharing, storage, and protection, etc. of your information. We recommend that you read the APP's privacy policy carefully.

X. Exceptional Provisions
10.1 Unless otherwise stipulated by laws and regulations, SMART PRODUCTS CONNECTION S.A. will do its best to ensure the security, validity, accuracy, and reliability of the licensed software as well as the involved technologies and information. However, SMART PRODUCTS CONNECTION S.A. cannot guarantee this due to limitations of currently available technologies.
10.2 The user understands that SMART PRODUCTS CONNECTION S.A. assumes no responsibility for direct or indirect losses caused by force majeure and third-party failures.
10.3 The user is responsible for personal injury or incidental or indirect damages caused by or related to any of the following accidents: 1) A third party uses the licensed software or alters your data without permission. 2) Expenses and losses arising from the use of the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software attributable to reasons not caused by SMART PRODUCTS CONNECTION S.A.
10.4 Any other software derived from licensed software that was not developed and released by SMART PRODUCTS CONNECTION S.A. or whose development and release was not authorized by SMART PRODUCTS CONNECTION S.A. is illegal software. Downloading, installing, and using such software may lead to unpredictable risks. SMART PRODUCTS CONNECTION S.A. is free from legal responsibilities and resulting disputes, and SMART PRODUCTS CONNECTION S.A. is entitled to suspend or terminate the application license and/or all other services.
10.5 The user has been informed that the use of the APP involves an internet service that can be affected by unstable factors in all links. Although SMART PRODUCTS CONNECTION S.A. has taken protective measures, the service may be suspended, terminated, delayed, due to application restrictions or application errors caused by faults in the internet and electronic communication, as well as factors beyond the control of a contracting party (including, but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riots, terminal virus, hacker attack, network failure, and terminal failure). You hereby agree to bear the foregoing risks and agree that SMART PRODUCTS CONNECTION S.A. is exempt from any liability if the normal operation of the services is affected by the occurrence of the foregoing risks.

XI. Contract Termination and Breach of Contract
11.1 The user must understand that they use the licensed software according to the scope of authorization, respect the intellectual property of the software and content in the software, and fulfill obligations under the agreement when using the services of SMART PRODUCTS CONNECTION S.A. SMART PRODUCTS CONNECTION S.A. will terminate the application license if you commit a material breach of the agreement.
11.2 Your use of the software relies on support services provided by companies affiliated with SMART PRODUCTS CONNECTION S.A. Violations of terms, agreements, rules, notices, and other relevant provisions of SMART PRODUCTS CONNECTION S.A. and its affiliated companies may lead to errors in the normal use of the licensed software. In this case, SMART PRODUCTS CONNECTION S.A. is entitled to terminate the application license or take measures to restrict your application license or other rights and interests controlled by SMART PRODUCTS CONNECTION S.A. under the agreement, including suspension or termination of your application license.
11.3 In the event of a breach of the contract or other agreements signed with SMART PRODUCTS CONNECTION S.A., it has the right to notify affiliated companies and request them to take restrictive measures regarding your rights and interests, including requesting affiliated companies to suspend or stop the supply of parts or entire services to you, and legally report your contract violation on websites operated or effectively controlled by them.
11.4 The licensed software is downloaded from the download platform, and you must comply with the provisions of the download platform, the system platform, and the terminal manufacturer regarding the application possibilities and restrictions of the licensed software. If the aforementioned third party confirms that you have violated the agreement and treatment by SMART PRODUCTS CONNECTION S.A. is necessary, it may terminate your application license at the request of the third party.
11.5 When the application license ends, stop using the licensed software and destroy all copies.
11.6 You must bear all indemnification obligations if SMART PRODUCTS CONNECTION S.A. and other users suffer losses caused by your breach of the contract provisions.

XII. Applicable Law and Severability
In the event that a user or a third party believes that there are facts or circumstances indicating the unlawful nature of the use of content and/or the carrying out of activities in the APP itself or on the websites contained in or accessible through the APP (owned by SMART PRODUCTS CONNECTION S.A.), they must send a notice to SMART PRODUCTS CONNECTION S.A., properly identifying themselves, indicating the alleged violations, and expressly declaring under their responsibility that the information provided in the notice is correct.
To file a complaint or claim with SMART PRODUCTS CONNECTION S.A., the customer should contact customer service.
For all disputes concerning the SMART PRODUCTS CONNECTION S.A. website, Spanish law applies and the courts of Vitoria have jurisdiction.
In accordance with the EU Consumer Online Dispute Resolution and pursuant to Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform accessible at the following link: http://ec.europa.eu/consumers/odr/.
These terms are governed by the applicable Spanish legislation.

Privacy Policy

Smart Products Connection, S.A., hereinafter SPC, is a company headquartered at the Álava Technology Park, Leonardo da Vinci 14 01510 (Miñano) Álava, Spain.
Within SPC, we are aware of our users' privacy. That is why we have developed this Privacy Policy to provide our users with information on how we process their personal data when they use our SMART CLAN application with our SMART CLAN compatible wearable devices.
All other SPC products, applications, and websites that do not contain a link to this Privacy Policy and that contain a link to another SPC Privacy Policy will be governed by that Privacy Policy.
We consider "personal data" to be any information associated with an identified or identifiable natural person.

1. Categories of personal data processed by SPC.

a. Personal data processed when creating an SPC account
When creating a SMART CLAN account, we ask for your email address and password.

b. Personal data processed when adding a device to SMART CLAN
When adding a device, the MAC address of the wearable is sent to the associated server, as it is registered. From that moment, the device is linked to the user.
If the wearable has the ability to display contacts, these will be read from the device. The device's contacts are also read when receiving a call to display the contact's name on the SPC Wearable.
If the wearable has a weather display function, the device's location must be accessed to know the local weather and display it on the SPC Wearable.

c. Personal data processed when the user transfers their training, location, and activity data from an SPC wearable
Each time the user synchronizes their SPC Wearable automatically or manually, we record the workouts saved with the SPC Wearable (such as runs, walks, bike rides, swim workouts, hiking, gym activities, etc.) and activity data (such as steps, distance, pace, standing time, active time, calories burned, heart rate, sleep, position, menstrual cycle information, etc.) from the device to your Smart C account.

d. Data we collect when synchronizing with the SMART CLAN server.
SMART CLAN regularly synchronizes physical activity and training information with the Web service. For each synchronization connection, we record data related to the transmission and the device on which the SMART CLAN application is installed, such as the IP address used during synchronization, the date and time of synchronization, diagnostic/crash logs, the device's geographic location, the operating system and its version, as well as information about the network used for synchronization (e.g., Wi-Fi or mobile).

e. Personal data processed when the user contacts our support center
When you interact with our online or telephone customer service representatives, we collect personal information such as your name, postal address, phone number, email address, and contact preferences, as well as information about the SPC products you own, such as serial numbers and purchase date. We also record information about the operating system and version on which the SMART CLAN application is installed. To improve our customer service, and where permitted by applicable law, with your consent, we may also record and review your conversations with customer service representatives and analyze the feedback you provide in voluntary customer surveys.

2. Purpose

We process the information you provide us in order to manage the SMART CLAN application to which you register. The legal basis on which the processing and communication of data is based is compliance with a legal obligation. The recipients of the information are the competent public administrations for the execution of legal obligations.
In this way, we ensure proper management of the requested service. In this regard, the data you provide us both when creating your account with us and when creating your profile will be processed to:

Managing the requested service.
Sending you messages from SMART PRODUCTS CONNECTION, S. A. to inform you about improvements or new features of our products and services. Remember that you can always customize these messages via your customer account settings, and we explain how to unsubscribe from these communications in section 6 (Rights).
Preventing abuse and fraud in the use of our services (for example, fraudulent activities, denial of service attacks, sending spam, etc.).
Transmission of data to organizations and public authorities, to the extent required in accordance with legal and regulatory provisions.
The collected data may be used by a third party to monitor your physical activity, provided that you are enrolled in a fitness or nutrition program (subject to prior consent).

3. Data retention period

How long do we keep your data?

Your data will be retained for the entire duration of the business relationship with us, unless you request their deletion, as well as for the time necessary to comply with legal obligations.

4. Legal Basis

What is the legitimacy for processing your data?

The legal basis for processing your data is::

The execution of a contract related to the purpose indicated in paragraph 1.a above.
The user's consent regarding the purpose indicated in paragraph 1.b.
The legitimate interest of SMART PRODUCTS CONNECTION, S. A. in relation to the purpose indicated in paragraph 1.c above.
Compliance with the legal obligations applicable to SMART PRODUCTS CONNECTION, S. A. for the purposes indicated in paragraph 4 above.

5. Recipients

To which recipients will your data be communicated?

Your personal data will be communicated to third parties in the following cases:

Your data will be accessible to providers who supply services to SMART PRODUCTS CONNECTION, S. A., such as content hosting services, instant messaging, notification sending, advertising services, etc. SMART PRODUCTS CONNECTION, S. A. has entered into processing agreements with each of the providers supplying services to SMART PRODUCTS CONNECTION, S. A. to ensure that these providers process your data in accordance with applicable law.
Your personal data may also be transmitted to competent authorities in cases where there is a legal obligation.
The data collected may be used by a third party to monitor your physical activity, provided that you are enrolled in a fitness or nutrition program (subject to prior and express consent).

6. Rights

What are your rights when you provide us with your data and how can you exercise them?

You have the right to obtain confirmation as to whether SMART PRODUCTS CONNECTION, S. A. processes personal data concerning you or not.
You also have the right to access your personal data and request the correction of inaccurate data or, where appropriate, request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
In certain circumstances, you may request the restriction of the processing of your data, in which case we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. SMART PRODUCTS CONNECTION, S. A. will stop processing the data, except for compelling legitimate reasons, or for the exercise or defense of possible claims.
You can also exercise the right to data portability and withdraw consents given at any time, without affecting the lawfulness of processing based on consent prior to withdrawal.
If you wish to exercise any of your rights, you can contact us at the email address dpd@spc.es or in writing at the postal address indicated above. Please provide as much information as possible regarding your request: full name, email address you use for the account or portal subject to your request.
Finally, we inform you that you can contact the data protection agency or commission of your country and other competent public bodies for any complaint arising from the processing of your personal data.

Service contract

This service contract governs the operation and use of the SMART CLAN mobile application, owned by SMART PRODUCTS CONNECTION S.A.
Using the APP grants you the status of a user of it and implies your full and unconditional acceptance of each and every condition published in this service contract.
Before accepting the Agreement, you are supposed to have carefully read all the provisions of the Agreement and fully understand the terms, especially the restrictive clauses or exceptions. The restrictive clauses or exceptions are indicated in bold or highlighted in another way to draw your attention. If you have any doubts about the terms of the Agreement, please contact the competent commercial service of SMART PRODUCTS CONNECTION S.A. You are not authorized to use the Service before reading and accepting all the conditions of the Agreement, the applicable agreements and rules, etc. Once you have selected "Accept and submit the contract" (see the registration page for more details) and completed the registration procedure, or have used the Service in any way, you are deemed to have read and accepted the restrictions of the contract and the rules described above. In case of breach of the contract, SMART PRODUCTS CONNECTION S.A. has the right to restrict, suspend or unilaterally cancel the service for the user, and may exercise the right to investigate its relevant responsibilities.
The parties who sign and subscribe to the Service Agreement (hereinafter referred to as "the Agreement") are you and SMART PRODUCTS CONNECTION S.A. The Agreement includes (but is not limited to) the APP Privacy Policy and other content. In case of changes, SMART PRODUCTS CONNECTION S.A. will announce these changes on its official website without having to send a new notification. After the announcement, the modified agreement and rules will automatically become part of the contract, without the need to receive a new notification to obtain your consent. If you object to these relevant changes, you should stop using the APP service; if you continue to use it, you will be considered as having no objection to the modified rules and you comply with them.

I. Definitions of terms
1.1 Licensed software refers to the software system developed by SMART PRODUCTS CONNECTION S.A., downloaded from the platform and installed and applied on mobile terminals with the specified system.
1.2 Services refers to the services that SMART PRODUCTS CONNECTION S.A. provides and offers to the user. The user can use these services on the mobile terminal with the licensed "software".

II. Identification and communications
SMART PRODUCTS CONNECTION S.A., in accordance with Law 34/2002, of July 11, relating to information society services and electronic commerce, informs you that:
• Its corporate name is: SMART PRODUCTS CONNECTION S.A.
• Its VAT number is CIF A01042878
• Its headquarters are at Parque Tecnológico de Álava, Leonardo Da Vinci 14 01510 Miñano (Álava) Spain
• Registered in the Alava Commercial Registry
To communicate with us, we provide you with different contact methods detailed below:
Phone: 944580178
Email: dpd@spc.es
All notifications and communications between users and SMART PRODUCTS CONNECTION S.A. will be considered effective, for all practical purposes, when made by one of the means detailed above.

III. Service
3.1 The APP and its services are accessible by registration and free of charge. SMART PRODUCTS CONNECTION S.A. may condition the use of certain services offered in its APP.
3.2 The APP offers management services for devices and Internet-connected appliances. These functions may be optimized or modified according to evolving user needs or the service provider's criteria, and service provision may be interrupted due to scheduled or unscheduled maintenance operations.

IV. Scope of Service
4.1 SMART PRODUCTS CONNECTION S.A. grants the user the right to use the product based on this software.
4.2 The user is prohibited from licensing, selling, renting, transferring, publishing the product in any way, or using the product for other commercial purposes. Due to platform adaptation limits of the software and terminals, you may only use the licensed software on the authorized system platform and authorized terminal; if you install the licensed "software" on another terminal device, the operation of its hardware or software may deteriorate.
4.3 The User agrees that the licensed software may only be used for non-commercial purposes, and the installation, application, and execution of the licensed software are prohibited. If such commercial use becomes necessary, prior written authorization from SMART PRODUCTS CONNECTION S.A. must be obtained.

4.4 SMART PRODUCTS CONNECTION S.A. may modify, update, or transfer the licensed software or its relevant functions periodically, and may add new functions or services to the licensed software system. If no separate agreement accompanies the functions or services mentioned above, the user will be entitled to the corresponding functions and services, which will also be subject to the Agreement.
4.5 The user is responsible for the accuracy, reliability, integrity, and legality of the entered data and the legality of the method of obtaining the data, and will regularly back up data and information. The user will assume all risks related to damage and loss of this information.
4.6 The user must properly protect their account number and password. In case of a security breach concerning your account (including, but not limited to, disclosure of the user's password), you must immediately inform SMART PRODUCTS CONNECTION S.A. and SMART PRODUCTS CONNECTION S.A. will assist the user in taking appropriate measures. Otherwise, the user will assume all behaviors and responsibilities related to their account.

V. A Third Party
5.1 The user accepts all or part of the APP service based on software or services provided by a third party, in order to facilitate its application. SMART PRODUCTS CONNECTION S.A. has the necessary legal authorization from the third party.
5.2 The product includes specific third-party information and services. SMART PRODUCTS CONNECTION S.A. neither controls nor assumes any responsibility for third-party information and services.
5.3 The user agrees that SMART PRODUCTS CONNECTION S.A. cannot guarantee that the licensed software will always use or include these services, or that other software provided by the same third party will be used in the future. You may also use similar services provided by another third party. Once implemented, the software or corresponding services mentioned above are subject to this Agreement.**

VI. Service Implementation Standard
6.1 The user must use the licensed software normally. The following forms of use do not comply with the application rule:
1) Spreading or sharing computer viruses, worms, malicious code, or software that deliberately damages or alters the system or computer data.
2) Collecting information or data from other users without authorization, such as email addresses and similar information.
3) Using the product maliciously in an automated manner that causes server overload or interferes with or causes other damage to the web server and network links.
4) Attempting to access server data or product communication data without authorization.
5) Interfering with or causing damage to other users' production applications.
6.2 The user understands and agrees that:
1) SMART PRODUCTS CONNECTION S.A. will determine whether the user is involved in violations of the above-mentioned application rule, and will suspend or cancel their application license based on the resolution results or adopt other restrictions under applicable agreements.
2) SMART PRODUCTS CONNECTION S.A. will directly delete information issued by the user during the use of the licensed software that violates legislation, infringes other legal rights, or breaches the contract.
3) If a third party suffers damages resulting from the user's violation of the application rules, the user will assume legal responsibility on their behalf and protect and indemnify SMART PRODUCTS CONNECTION S.A. against resulting additional losses or expenses. Otherwise, SMART PRODUCTS CONNECTION S.A. has the right to claim corresponding compensation.
4) If SMART PRODUCTS CONNECTION S.A. suffers a loss due to a violation of legislation or the Contract by the user, the user will compensate SMART PRODUCTS CONNECTION S.A. for the resulting losses and/or expenses.

VII. Standard regarding information content
7.1 The user agrees not to commit acts contrary to the law and not to engage in inappropriate behavior using the service. These acts and behaviors include, but are not limited to:
7.1.1 Upload, transfer, or share information containing any of the content described below; content that:
1) Violate the fundamental principles set forth in the Constitution.
2) Endanger State security, reveal State secrets, compromise State power, and undermine State unity.
3) Would harm the honor and benefit of the State.
4) Incite national hatred and discrimination and threaten the unity of the State.
5) Break and undermine the State's religious policy and promote heresy and feudal superstition.
6) Spread rumors, disrupt social order, and break social stability.
7) Incite obscenity, pornography, gambling, violence, murder, and terror or incite committing a crime.
8) Insult or defame other people or infringe on the legitimate rights and interests of others.
9) Include false, fraudulent, threatening content that infringes on others' privacy, harassing, criminal, defamatory, indecent, or morally repugnant.
10) Includes other content restricted or prohibited under the legislation, regulations, codes, provisions, and other applicable legal standards.
7.2 Content from SMART PRODUCTS CONNECTION S.A.
All content of the APP, such as texts, photographs, graphics, images, icons, technologies, software, as well as their graphic design and source codes, constitute a work owned by SMART PRODUCTS CONNECTION S.A., without any exploitation rights over them being considered transferred to the user beyond what is strictly necessary for the correct use of the APP.
Likewise, all trademarks, trade names, or distinctive signs of any kind that appear on the website are the property of SMART PRODUCTS CONNECTION S.A. or properly refer to their legitimate owner, without it being understood that the use or access to them grants the user any rights over them.
The distribution, modification, transfer, or public communication of the content and any other act that has not been expressly authorized by the holder of the exploitation rights is prohibited.
The establishment of a hyperlink does not imply in any way the existence of relations between SMART PRODUCTS CONNECTION S.A. and the owner of the website on which it is established, nor the acceptance and approval by SMART PRODUCTS CONNECTION S.A. of its content or services.
SMART PRODUCTS CONNECTION S.A. is not responsible for the use that each user makes of the materials made available in this APP or the actions taken based on them.

VIII. Exclusion of warranties and liabilities
The content of this APP is general in nature and purely informative, without fully guaranteeing access to all content, nor its completeness, accuracy, validity, or timeliness, nor its suitability or usefulness for a specific purpose.
SMART PRODUCTS CONNECTION S.A. excludes, to the extent permitted by law, any liability for damages of any kind resulting from:
a) The inability to access the website or the lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of defects and faults of any kind in the content transmitted, disseminated, stored, made available, or accessed through the APP or the services offered.
b) The presence of viruses or other elements in the content likely to alter computer systems, electronic documents, or user data.
c) Non-compliance with laws, good faith, public order, traffic customs, and this legal notice resulting from improper use of the APP. In particular, and by way of example, SMART PRODUCTS CONNECTION S.A. disclaims all responsibility for the actions of third parties infringing intellectual and industrial property rights, trade secrets, rights to honor, privacy and family life, and image itself, as well as rules regarding unfair competition and illicit advertising.
Furthermore, SMART PRODUCTS CONNECTION S.A. disclaims all responsibility for information outside this APP that is not directly managed by our webmaster. The function of the links in this APP is solely to inform the user of the existence of other sources that may expand the content offered by this APP. SMART PRODUCTS CONNECTION S.A. does not guarantee and is not responsible for the operation or accessibility of linked sites; does not suggest, invite, or recommend visiting them, and therefore will not be responsible for the outcome obtained. SMART PRODUCTS CONNECTION S.A. is not responsible for the establishment of hyperlinks by third parties.

IX. Privacy and Data Policy
9.1 SMART PRODUCTS CONNECTION S.A. places the highest priority on protecting your personal information. SMART PRODUCTS CONNECTION S.A. has developed the APP Privacy Policy, which includes content related to ownership and protection of intellectual property, as well as the collection, use, disclosure, storage, and protection, etc., of your information. We recommend that you carefully read the APP Privacy Policy.

X. Exception Clauses
10.1 Unless otherwise indicated by legislation and regulations, SMART PRODUCTS CONNECTION S.A. will make every effort to ensure the protection, validity, accuracy, and reliability of the licensed software and related technologies and information; however, SMART PRODUCTS CONNECTION S.A. cannot fully guarantee them due to the limitations of currently available technologies.
10.2 The user agrees that SMART PRODUCTS CONNECTION S.A. assumes no responsibility for direct or indirect losses arising from force majeure situations and third-party failures.
10.3 The user is responsible for bodily injuries or accidental or indirect injuries resulting from or related to any of the following incidents: 1) A third party uses the licensed software or modifies its data without authorization; 2) Fees and losses resulting from the use of the licensed software; 3) Misunderstanding of the licensed software by the user; 4) Other losses related to the licensed software resulting from reasons not attributable to SMART PRODUCTS CONNECTION S.A.
10.4 Any other software obtained from the licensed software that has not been developed and published by SMART PRODUCTS CONNECTION S.A., or the development and publication of unauthorized software by SMART PRODUCTS CONNECTION S.A., are considered illegal software. Downloading, installing, and using such software may lead to unpredictable risks. SMART PRODUCTS CONNECTION S.A. will be exempt from legal liabilities and disputes arising from these activities, and SMART PRODUCTS CONNECTION S.A. will have the right to suspend or cancel the application license and/or all other remaining services.
10.5 The user has been informed that the use of the APP involves Internet service, which may be affected by unstable factors on all communication links. Although SMART PRODUCTS CONNECTION S.A. has taken protective measures, the service may be suspended, canceled, delayed, subject to restrictions, or experience application failures resulting from inherent defects in the Internet and electronic communications, as well as factors beyond the reasonable control of any party related to the contract (including, but not limited to, fire, flood, terrorist attack, epidemic, natural disasters, disruption, terminal virus, hacking attack, network failure, and terminal failure). Hereby, the user agrees to assume the above-mentioned risks and acknowledges that they will be released from any liability if the normal operation of the services is affected by the above-mentioned risks.

XI. Contract Cancellation and Contract Breach
11.1 The user must understand that they will use the licensed software in accordance with the scope of authorization, respect the intellectual property of the software and the content included in the software, and fulfill their obligations under the Contract when using the services of SMART PRODUCTS CONNECTION S.A. The latter will cancel the application license if the user is found to be in substantial breach of the contract.
11.2 The application of the software is based on support services provided by companies affiliated with SMART PRODUCTS CONNECTION S.A. The user's violation of the terms, agreements, rules, notifications, and other relevant regulations of SMART PRODUCTS CONNECTION S.A. and its affiliated companies may result in a breach of the normal use of the licensed software; in such cases, SMART PRODUCTS CONNECTION S.A. may exercise its right to cancel the application license, or take measures to limit its application license or other rights and interests controlled by SMART PRODUCTS CONNECTION S.A. stipulated in the contract, including suspension or cancellation of the application license.
11.3 In case of violation by the user of the Agreement or other agreements signed with SMART PRODUCTS CONNECTION S.A., it shall have the right to inform affiliated companies to request that they take restrictive measures regarding their rights and interests, including requesting the corresponding companies to suspend or totally or partially cancel the services provided to the user, and to announce their non-compliance with the agreement on the websites effectively operated or controlled by these companies.
11.4 The licensed software is downloaded from the download platform and the user must comply with the provisions of the download platform, the system platform, and the terminal manufacturer regarding application alternatives and restrictions of the licensed software. If the aforementioned third party confirms that the user has violated or breached the Agreement and intervention by SMART PRODUCTS CONNECTION S.A. is required, it may cancel its application license at the request of the third party.
11.5 In case of cancellation of the application license, the user must cease using the licensed software and destroy all copies.
11.6 The user must assume all indemnification responsibilities if SMART PRODUCTS CONNECTION S.A. and other users suffer losses resulting from their failure to comply with the terms stipulated in the Agreement.

XII. Applicable Law and Severability
In the event that a user or third party believes there are facts or circumstances revealing the unlawful nature of the use of any content and/or the carrying out of any activity within the APP itself or on the web pages included or accessible via the APP (owned by SMART PRODUCTS CONNECTION S.A.), they must send a notification to SMART PRODUCTS CONNECTION S.A. specifying the alleged infringements and expressly declaring under their responsibility that the information provided in the notification is accurate.
To file any complaint or claim with SMART PRODUCTS CONNECTION S.A., the client must contact the customer service department.
For any contentious question related to the SMART PRODUCTS CONNECTION S.A. website, Spanish law shall apply, with the Courts of Vitoria having jurisdiction.
In accordance with the EU online dispute resolution regulation and art. 14.1 of regulation (EU) 524/2013, the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.
These conditions will be governed by the applicable Spanish legislation.

Privacy Policy

Smart Products Connection, S.A., hereinafter SPC, is a company headquartered at the Álava Technology Park, Leonardo da Vinci 14 01510 (Miñano) Álava, Spain.
We at SPC are committed to the privacy of our users. Therefore, we have prepared this Privacy Policy to provide our users with information about how we handle their personal data when they use our SMART CLAN app together with our wearables compatible with SMART CLAN.
Other SPC products, applications, and websites that do not include a hyperlink to this Privacy Policy but include a hyperlink to a different SPC Privacy Policy will be governed by that privacy policy.
We consider "Personal data" to be any information related to an identified or identifiable natural person.

1. Categories of personal data processed by SPC.

a. Personal data processed when creating an account on SPC
When creating an account on SMART CLAN, we ask the user to enter their email address and password.

b. Personal data processed when adding a device to SMART CLAN
When adding a device, the MAC address of the wearable is sent to the associated server, as it is recorded. From that moment, the device is linked to the user.
If the wearable has the ability to display contacts, these will be read from the device. Contacts will also be read from the device when receiving a call in order to display the contact's name on the SPC wearable.
If the wearable has the ability to display the time, the device's location will be consulted to check the time in the region and display it on the SPC wearable.

c. Personal data processed when the user transfers their workouts, location, and activity data from an SPC wearable
Whenever the user syncs their SPC wearable with automatic or manual synchronization, we record the workouts registered with the SPC wearable (such as routes, walks, bike rides, swimming, hikes, gym activities, etc.) and the activity data (such as steps, distance, pace, standing time, activity time, calories burned, heart rate, sleep, location, menstrual cycle information, etc.) from the device to their SMART CLAN account

d. Data we collect when performing synchronization with the SMART CLAN server.
SMART CLAN regularly synchronizes information about physical activity and workouts with the web service. With each synchronization connection, we record data related to the transmission and the device on which the SMART CLAN app is installed, as well as the IP address used during synchronization, the date and time of synchronization, diagnostic/crash logs, the device's geographic location, the operating system and its version, and information about the network used for synchronization (for example, Wi-Fi or mobile).

e. Personal data processed when the user contacts our support center
When the user interacts with our customer support representatives via the Internet or by phone, we collect personal information such as your name, address, phone number, email address, and contact preferences, as well as information about the SPC products you own, such as their serial numbers and purchase date. We also record data related to the operating system and the version on which the SMART CLAN app is installed. To improve our customer support, and when applicable law allows it, with the user's prior authorization, we may also record and review the user's conversations with customer support representatives and analyze any feedback provided through voluntary customer surveys.

2. Purpose

We process the information you provide us in order to manage the SMART CLAN app in which you will register. The legal basis for the processing and communication of data is compliance with a legal obligation. The recipients of the information are the competent Public Administrations for the fulfillment of legal obligations.
In this way, we will properly manage the requested service. In this regard, the data you provide us both when creating your account with us and when creating your profile will be processed to:

Manage the requested service.
Send you messages from SMART PRODUCTS CONNECTION, S.A. to inform you about improvements or news regarding our products and services. You can always customize these messages through your customer account settings, and in item 6 (Rights) we explain how you can request not to receive this type of communication.
Prevent abuse and fraud in the use of our services (for example, fraudulent activities, denial of service attacks, spam sending, among others).
Disclosure of data to organizations and public authorities, provided they are requested in accordance with legal and regulatory provisions.
The data collected may be used by a third party to monitor your physical activity, provided you are enrolled in a fitness or nutritional program (under prior authorization).

3. Data retention period

How long do we keep your data?

Your data will be kept for as long as the commercial relationship with us lasts, unless you request its deletion, as well as for the time necessary to comply with legal obligations.

4. Legal basis

What is the legal basis for processing your data?

The legal basis for the processing of your data lies in:

The execution of a contract regarding the purpose indicated in item 1.a above.
The user's authorization regarding the purpose indicated in item 1.b.
The legitimate interest of SMART PRODUCTS CONNECTION, S.A. regarding the purpose indicated in item 1.c above.
The compliance with legal obligations applicable to SMART PRODUCTS CONNECTION, S.A. for the purpose indicated in item 4 above.

5. Recipients

To which recipients are your data communicated?

Your personal data will be communicated to third parties in the following cases:

Your data may be accessed by providers who offer services to SMART PRODUCTS CONNECTION, S.A., such as content hosting services, instant messaging, notification sending services, advertising services, etc. SMART PRODUCTS CONNECTION, S.A. has signed the corresponding data processing agreements with each of the providers that offer services to SMART PRODUCTS CONNECTION, S.A. in order to ensure that these providers will process your data in accordance with the provisions of current legislation.
Your personal data may also be disclosed to competent authorities in cases where there is a legal obligation.
The data collected may be used by a third party to monitor your physical activity, provided you are enrolled in a fitness or nutritional program (under prior and express authorization).

6. Rights

What are your rights when you provide us with your data and how can you exercise them?

You have the right to receive confirmation about whether SMART PRODUCTS CONNECTION, S.A. is processing your personal data or not.
Thus, you have the right to access your personal data, as well as to request the rectification of inaccurate data or, if applicable, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
In certain circumstances, you may request the limitation of the processing of your data, in which case we will only keep them for the exercise or defense of claims.
Under certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. SMART PRODUCTS CONNECTION, S.A. will stop processing the data, except for compelling legitimate reasons, or for the exercise or defense of possible claims.
In this way, you can exercise the right to data portability, as well as withdraw the authorizations granted at any time, without this affecting the lawfulness of the processing based on the authorization prior to its withdrawal.
If you wish to exercise any of your rights, you can contact us via the email address dpd@spc.es or by petition to the address indicated above. Please provide as much information as possible about your request: Full name, email address you use for the account or portal subject to your request.
Finally, you may contact the data protection agency or commission of your country and other competent public bodies for any complaint arising from the processing of your personal data.

Service Agreement

This service agreement regulates the use and utilization of the SMART CLAN mobile application owned by SMART PRODUCTS CONNECTION S.A.
Using the APP grants you the status of a user of the same, and implies full and unconditional acceptance of each and every condition published in this service agreement.
Before accepting the Agreement, we assume that you have carefully read all its contents and fully understand its terms, especially the restrictive clauses or exceptions. The restrictive clauses or exceptions are indicated in bold or otherwise highlighted to attract your attention. If you have any doubts about the terms of the Agreement, contact the Business Department of SMART PRODUCTS CONNECTION S.A. It is not allowed to use the service before reading and accepting all the terms of the Agreement, relevant agreements, and rules, etc. Once you have selected "Agree and submit the Agreement" (see the registration page for detailed wording) and completed the registration process, or used the service in any way, it will be considered that you have read and accepted the restrictions of the Agreement and the rules described above. In case of breach of the Agreement, SMART PRODUCTS CONNECTION S.A. has the right to restrict, suspend, or unilaterally cancel the service for the user, and may exercise the right to investigate the relevant responsibilities.
The parties who sign and subscribe to the Service Agreement (hereinafter referred to as "the Agreement") are you and SMART PRODUCTS CONNECTION S.A. The agreement includes (but is not limited to) the APP Privacy Policy and other content. In case of changes, SMART PRODUCTS CONNECTION S.A. will announce the change on the official website without the need to send a new notification. After the announcement, the modified agreement and rules will automatically become part of the Agreement, without needing to receive a new notification to obtain your authorization. If you object to these relevant changes, stop using the APP service; if you continue to use the APP, it will be considered that you have no objection to the modified rules and that you respect them.

I. Definitions of terms
1.1 Licensed software refers to the software system developed by SMART PRODUCTS CONNECTION S.A., downloaded from the platform and installed and applied on mobile terminals with the specified system.
1.2 Services refers to the services that SMART PRODUCTS CONNECTION S.A. provides to the user. The user can use these services on the mobile terminal with the licensed software.

II. Identification and communications
SMART PRODUCTS CONNECTION S.A., in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, informs you that:
• Its corporate name is: SMART PRODUCTS CONNECTION S.A.
• Its CIF is CIF A01042878
• Its registered office is located at Parque Tecnológico de Álava, Leonardo Da Vinci 14 01510 Miñano (Álava) Spain
• It is registered in the Commercial Registry of Álava
To communicate with us, we provide different contact methods specified below:
Phone: 944580178
E-mail: dpd@spc.es
All notifications and communications between users and SMART PRODUCTS CONNECTION S.A. will be considered effective for all purposes whenever made through any of the previously specified means.

III. Service
3.1 The APP and its services are accessible through registration and free of charge. SMART PRODUCTS CONNECTION S.A. may restrict the use of some of the services offered in the APP.
3.2 The APP offers services for managing devices connected to the Internet. These functions may be optimized or modified according to changes in user requirements or at the discretion of the service provider, and the service provision may be suspended due to scheduled or unscheduled maintenance work.

IV. Scope of Service
4.1 SMART PRODUCTS CONNECTION S.A. grants the user the right to use the product based on this software.
4.2 The user is prohibited from licensing, selling, renting, transferring, publishing the product in any way, or using the product for other commercial purposes. Due to limitations of the software adaptation platform and terminals, the licensed software may only be used on the authorized system platform and authorized terminal; if the licensed software is installed on other terminal equipment, the hardware or software operation may deteriorate.
4.3 The user agrees that the licensed software is to be used for non-commercial purposes, and the installation, application, and execution of the licensed software for commercial purposes is prohibited. If such commercial use is necessary, prior written authorization must be obtained from SMART PRODUCTS CONNECTION S.A.

4.4 SMART PRODUCTS CONNECTION S.A. may periodically modify, update, or transfer the licensed software or its relevant functions, and may add new functions or services to the licensed software system. If no separate agreement accompanies the aforementioned functions or services, the user will be entitled to the corresponding functions and services which will also be subject to the Agreement.
4.5 The user is responsible for the accuracy, reliability, integrity, and legality of the data entered and for the legality of the method of obtaining the data, and will perform periodic backups of the data and information. The user will assume all risks related to damage and loss of that information.
4.6 The user must properly protect their account number and password. If any security breach occurs regarding their account (including, but not limited to, disclosure of the user's password), they must notify SMART PRODUCTS CONNECTION S.A. immediately, and SMART PRODUCTS CONNECTION S.A. will assist the user in taking the necessary measures. Otherwise, the user will assume all behaviors and responsibilities related to the account.

V. Outsourcing
5.1 The user agrees that all or part of the APP service is based on third-party software or services, for the purpose of facilitating its application. SMART PRODUCTS CONNECTION S.A. has the necessary legal authorization from the third party.
5.2 The product includes specific information and services from a third party. SMART PRODUCTS CONNECTION S.A. does not control nor assumes responsibility for third-party information and services.
5.3 The user agrees that SMART PRODUCTS CONNECTION S.A. cannot guarantee that the licensed software always uses or includes such services, or that other software provided by the same third party will be used in the future. Thus, it may use similar services provided by another third party. After their application, the software or corresponding services mentioned are subject to this Agreement.**

VI. Service application standard
6.1 The user must use the licensed software normally. The following forms of use do not comply with the application standard:
1) Spreading or sharing computer viruses, worms, malicious code, or software that deliberately damages or alters the system or computer data.
2) Collecting information or data from other users without authorization, for example, email addresses and similar information.
3) Using the product maliciously in an automated manner that causes server overload or interferes with or causes other damage to the server and network connections.
4) Viewing server data or product communication data without authorization.
5) Interfering with or causing damage to other users' production applications.
6.2 The user understands and agrees that:
1) SMART PRODUCTS CONNECTION S.A. will determine whether the user is involved in violations of the aforementioned applicable standard, and will suspend or cancel the application license according to the resolution results or adopt other restrictions under the applicable agreements.
2) SMART PRODUCTS CONNECTION S.A. will directly delete information issued by the user during the use of the licensed software that does not comply with the law, infringes other legal rights, or does not comply with the Agreement.
3) If a third party suffers damages due to the user's non-compliance with the applicable standards, the user will independently assume legal responsibility on their behalf and will protect and indemnify SMART PRODUCTS CONNECTION S.A. against additional losses or expenses arising therefrom. Otherwise, SMART PRODUCTS CONNECTION S.A. has the right to claim the corresponding compensation.
4) If SMART PRODUCTS CONNECTION S.A. suffers any loss due to the user's non-compliance with the law or the Agreement, the user will indemnify SMART PRODUCTS CONNECTION S.A. for losses and/or expenses arising therefrom.

VII. Standard on information content
7.1 The user commits not to perform any action that contravenes the law and not to engage in inappropriate behavior through the service. These actions and behaviors include, but are not limited to:
7.1.1. Upload, transfer, or share information that includes any of the contents described below; contents that:
1) Violate the fundamental principles stipulated in the Constitution.
2) Endanger state security, reveal state secrets, weaken state power, and endanger the unity of the state.
3) Harm the honor and benefit of the state.
4) Incite national hatred and discrimination, and endanger the unity of the state.
5) Violate the state's religious policy and promote heresy and feudal superstition.
6) Spread rumors, disturb social order, and destroy social stability.
7) Incite obscenity, pornography, gambling, violence, suicide, and terror or instigate a crime.
8) Insult or slander other people or infringe the legal rights and interests of others.
9) Include false, fraudulent, threatening contents, that expose the privacy of other people, harassing, criminal, defamatory, indecent, or morally repulsive contents.
10) Include other contents restricted or prohibited by legislation, regulations, codes, provisions, and other legal norms in force.
7.2 Contents by SMART PRODUCTS CONNECTION S.A.
All content of the APP, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work owned by SMART PRODUCTS CONNECTION S.A., without any exploitation rights being granted to the user beyond what is strictly necessary for the correct use of the APP.
Thus, all trademarks, trade names, or distinctive signs of any kind appearing on the site are the property of SMART PRODUCTS CONNECTION S.A. or correctly referred to their legitimate owner, without it being understood that their use or access grants the user any rights over them.
The distribution, modification, transfer, or public communication of the content and any other act not expressly authorized by the rights holder is prohibited.
The establishment of a hyperlink does not imply in any case the existence of relations between SMART PRODUCTS CONNECTION S.A. and the owner of the site where it is established, nor the acceptance and approval by SMART PRODUCTS CONNECTION S.A. of its content or services.
SMART PRODUCTS CONNECTION S.A. is not responsible for the use each user makes of the materials available in this APP, nor for the actions taken based on them.

VIII. Exclusion of warranties and liability
The content of this APP is general in nature and is for informational purposes only, without guaranteeing access to all content, nor its exhaustiveness, correctness, validity, or timeliness, nor its suitability or usefulness for a specific purpose.
SMART PRODUCTS CONNECTION S.A. excludes, to the extent permitted by law, any liability for damages and losses of any kind arising from:
a) For the impossibility of accessing the site or the lack of truthfulness, accuracy, exhaustiveness, and/or timeliness of the content, such as the existence of defects and flaws of all kinds in the content transmitted, disseminated, stored, or made available, accessed through the APP or the services offered.
b) For the presence of viruses or other elements in the content that may cause alterations to users' computer systems, electronic documents, or data.
c) For non-compliance with laws, good faith, public order, traffic customs, and this legal notice as a consequence of incorrect use of the APP. Particularly, and by way of example, SMART PRODUCTS CONNECTION S.A. is not responsible for third-party actions that undermine intellectual and industrial property rights, trade secrets, rights to honor, personal and family privacy, and image rights, as well as regulations regarding unfair competition and illicit advertising.

Thus, SMART PRODUCTS CONNECTION S.A. disclaims any responsibility regarding information that is outside this APP and not directly handled by our webmaster. The function of the links appearing in this APP is solely to inform the user about the existence of other sources that may expand the content offered by it. SMART PRODUCTS CONNECTION S.A. does not guarantee nor is responsible for the operation or accessibility of the sites in the links; nor does it suggest, invite, or recommend visiting them, therefore it is also not responsible for the results obtained. SMART PRODUCTS CONNECTION S.A. is not responsible for the establishment of hyperlinks by third parties.

IX. Privacy Policy and Data
9.1 SMART PRODUCTS CONNECTION S.A. gives top priority to the protection of your personal information. SMART PRODUCTS CONNECTION S.A. has developed the APP Privacy Policy, which includes content related to ownership and protection of intellectual property, as well as the collection, use, disclosure, storage, and protection, etc., of your information. It is recommended to carefully read the APP Privacy Policy.

X. Exception Clauses
10.1 Unless otherwise specified by law and regulations, SMART PRODUCTS CONNECTION S.A. will make its best efforts to ensure the protection, validity, accuracy, and reliability of the licensed software and related technologies and information; however, SMART PRODUCTS CONNECTION S.A. cannot fully guarantee them due to the limitations of currently available technologies.
10.2 The user agrees that SMART PRODUCTS CONNECTION S.A. will not assume any responsibility for direct or indirect losses arising from force majeure situations and third-party non-compliance.
10.3 The user shall assume responsibility for personal or accidental or indirect injuries arising from or related to any of the following incidents: 1) A third party uses the licensed software or alters its data without authorization; 2) Expenses and losses derived from the use of the licensed software; 3) Misunderstanding of the licensed software by the user; 4) Other losses related to the licensed software for reasons not attributable to SMART PRODUCTS CONNECTION S.A.
10.4 Any other software obtained from the licensed software that has not been developed and published by SMART PRODUCTS CONNECTION S.A. or software development and publication not authorized by SMART PRODUCTS CONNECTION S.A. is considered illegal software. Downloading, installing, and using this type of software may cause unexpected risks. SMART PRODUCTS CONNECTION S.A. is exempt from legal responsibilities and disputes arising from these activities and SMART PRODUCTS CONNECTION S.A. shall have the right to suspend or cancel the application license and/or all remaining services.
10.5 The user has been informed that the use of the APP involves Internet service, which may be affected by unstable factors in all communication links. Although SMART PRODUCTS CONNECTION S.A. has adopted protective measures, the service may be suspended, canceled, delayed, have application restrictions, or experience application failures due to inherent defects in the Internet and electronic communications, as well as factors beyond the reasonable control of any party bound by the Agreement (including, but not limited to, fire, flood, terrorist attack, plague, natural disasters, disturbances, terminal viruses, hacker attacks, network failure, and terminal failure). Hereby, the user agrees to assume the risks indicated above and acknowledges that SMART PRODUCTS CONNECTION S.A. will be exempt from any liability when the normal operation of the services is affected by the risks indicated above.

XI. Termination of the Agreement and Breach of the Agreement
11.1 The user must understand that they must use the licensed software in accordance with the scope of authorization, respect the intellectual property of the software and the content included therein, and fulfill their obligations in accordance with the Agreement when using the services of SMART PRODUCTS CONNECTION S.A. The application license will be canceled if the user commits a material breach of the Agreement.
11.2 The application of the software is based on support services provided by companies related to SMART PRODUCTS CONNECTION S.A. Non-compliance by the user with terms, agreements, rules, notifications, and other relevant regulations of SMART PRODUCTS CONNECTION S.A. and related companies may cause the licensed software's normal use to be breached; in such case, SMART PRODUCTS CONNECTION S.A. may exercise its right to cancel the application license or take measures to restrict the application license or other rights and interests controlled by SMART PRODUCTS CONNECTION S.A. stipulated in the Agreement, including suspension or cancellation of the application license.
11.3 In case of non-compliance by the user with the Agreement or other agreements signed with SMART PRODUCTS CONNECTION S.A., it shall have the right to request that related companies adopt restrictive measures regarding their rights and interests, including requesting the corresponding companies to suspend or partially or fully cancel the services they provide to the user, and announce the user's breach of the agreement on the websites that these companies effectively operate or control.
11.4 The licensed software is downloaded from the download platform, and the user must follow the provisions of the download platform, the system platform, and the terminal manufacturer regarding application alternatives and restrictions of the licensed software. If the aforementioned third party confirms that the user has not complied or is not complying with the Agreement and intervention by SMART PRODUCTS CONNECTION S.A. is required, it may cancel the application license at the request of the third party.
11.5 In case of cancellation of the application license, the user must cease using the licensed software and destroy all copies.
11.6 The user must assume all indemnification responsibilities if SMART PRODUCTS CONNECTION S.A. and other users suffer losses due to their breach of the terms stipulated in the Agreement.

XII. Applicable Law and Severability
In the event that any user or third party considers that there are facts or circumstances revealing the unlawful nature of the use of any content and/or the performance of any activity in the APP itself or on the website pages included or accessible through the APP (owned by SMART PRODUCTS CONNECTION S.A.), they must send a notification to SMART PRODUCTS CONNECTION S.A. properly identifying themselves, specifying the alleged infringements, and expressly declaring under their responsibility that the information provided in the notification is true.
To file any complaint or claim against SMART PRODUCTS CONNECTION S.A., the customer must contact the Customer Support Department.
For all disputes involving the SMART PRODUCTS CONNECTION S.A. website, Spanish law shall apply, and the Jurisdictions and Courts of Vitoria shall have competence.
According to the EU Online Dispute Resolution for consumer matters and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform that the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.
The present conditions are governed by the current Spanish legislation.

Privacy Policy

Smart Products Connection, SA, hereinafter SPC, is a company based in the Álava Technology Park, Leonardo da Vinci 14 01510 (Miñano) Álava, Spain.
At SPC we are aware of our users' privacy. For this reason, we have developed this Privacy Policy aiming to provide our users with information on how we handle their personal data when they use our SMART CLAN app together with our wearable devices compatible with SMART CLAN.
All other SPC products, applications, and websites that do not include a link to this Privacy Policy and include a link to a different SPC Privacy Policy will be governed by that Privacy Policy.
We consider "Personal Data" all information associated with an identified or identifiable natural person.

1. Categories of personal data processed by SPC.

A. Personal data processed during the creation of an SPC account.
When you create a SMART CLAN account, we ask the user for their email address and password.

B. Personal data processed when adding a device to SMART CLAN.
When a device is added, the MAC address of the wearable device is sent to the associated server, which is recorded. From that moment on, the device is linked to the user.
If the wearable has the capability to display contacts, these will be read from the device. The device's contacts will also be read when receiving a call to display the contact's name on the SPC wearable.
If the wearable has the capability to display weather, the device's location will be consulted to check the weather in the area and display it on the SPC wearable.

C. Personal data processed when the user transfers workout, location, and activity data from an SPC wearable device.
Each time the user syncs their SPC wearable device either automatically or manually, we record the workouts logged with the SPC wearable device (such as runs, walks, bike rides, swim workouts, hikes, gym activities, etc.) and activity data (such as steps, distance, pace, standing time, active time, calories burned, heart rate, sleep, location, menstrual cycle information, etc.) from the device to your SMART CLAN account.

Q. Data we collect during synchronization with the SMART CLAN server.
SMART CLAN regularly synchronizes physical activity and training information with the web service. With each synchronization connection, we record data related to streaming and the device on which the SMART CLAN app is installed, such as the IP address used during synchronization, the date and time of synchronization, diagnostic/crash logs, the geographic location of the device, the operating system and version, and information about the network used for synchronization (e.g., Wi-Fi or mobile).

E. Personal data processed when the user contacts our support center
When you interact with our online or telephone customer service representatives, we collect personal information such as name, postal address, phone number, email address, and contact preferences, as well as information about SPC products you own, such as serial numbers and purchase date. We also record data related to the operating system and version on which the SMART CLAN app is installed. To improve our customer service and, where permitted by applicable law, with the user's consent, we may also record and review user conversations with support service representatives and analyze any feedback provided to us through surveys among volunteer customers.

2. Purpose

We process the information you provide us in order to manage the SMART CLAN app you will register for. The legal basis on which the processing and communication of data is based is compliance with a legal obligation. Recipients of the information are the public administrations competent to fulfill legal obligations.
In this way, we will carry out proper management of the requested service. In this regard, the data you provide us both at the time of creating your account with us and at the time of creating your profile will be processed for:

Manage the requested service.
Send you messages from SMART PRODUCTS CONNECTION, SA to inform you of improvements or news in our products and services. Remember that you can always customize these mailings through your customer account settings and in section 6 (Rights) we explain how you can make a request not to receive this type of communication.
Prevent abuse and fraud in the use of our services (for example, fraudulent activities, denial of service attacks, spamming, among others).
Transfer of data to organizations and public authorities, provided it is required in accordance with legal and regulatory provisions.
The collected data may be used by third parties to monitor your physical activity, provided you are enrolled in a fitness or nutritional program (with prior consent).

3. Data retention period

How long do we keep your data?

Your data will be retained for the entire duration of the business relationship with us, not requesting its deletion, as well as for the time necessary to comply with legal obligations.

4. Legal basis

What is the legitimacy of the processing of your data?

The legal basis for processing your data lies in:

The execution of a contract in relation to the purpose indicated in the previous point 1.a.
The user's consent in relation to the purpose indicated in point 1.b.
The legitimate interest of SMART PRODUCTS CONNECTION, SA in relation to the purpose indicated in the previous section 1.c.
Compliance with the legal obligations applicable to SMART PRODUCTS CONNECTION, SA for the purpose indicated in section 4 above.

5. Recipients

To which recipients will your data be communicated?

Your personal data will be communicated to third parties in the following cases:

Your data may be accessible to providers who provide services to SMART PRODUCTS CONNECTION, SA, such as content hosting services, instant messaging, sending notifications, advertising services, etc. SMART PRODUCTS CONNECTION, SA has signed the relevant processing contracts with each of the providers that provide services to SMART PRODUCTS CONNECTION, SA in order to ensure that these providers will process your data in accordance with the provisions of the current legislation.
Your personal data may also be transferred to the competent authorities in cases where there is a legal obligation.
The data collected may be used by third parties to monitor your physical activity, provided you are enrolled in a fitness or nutritional program (with prior and explicit consent).

6. Rights

What are your rights when you provide us with your data and how can you exercise them?

You have the right to obtain confirmation as to whether SMART PRODUCTS CONNECTION, SA is processing personal data concerning you or not.
Similarly, you have the right to access your personal data, as well as to request the correction of inaccurate data or, if applicable, request their deletion when, among other reasons, the data is no longer necessary for the purposes for which they were collected.
In certain circumstances, you can request the restriction of the processing of your data, in which case we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to your particular situation, you can object to the processing of your data. SMART PRODUCTS CONNECTION, SA will stop processing the data, except for compelling legitimate reasons or for the exercise or defense of possible claims.
Similarly, you can exercise the right to data portability, as well as withdraw the consents given at any time, without affecting the lawfulness of the processing based on consent before the withdrawal.
If you wish to exercise any of your rights, you can contact us via the email address dpd@spc.es or by writing to the postal address indicated above. Remember to provide as much information as possible about your request: Full name, email address you use for the account or portal subject to your request.
Finally, we inform you that you can contact the data protection agency or commission of your country and other competent public bodies for any complaint arising from the processing of your personal data.

Service Agreement

This service agreement regulates the use and operation of the SMART CLAN mobile application owned by SMART PRODUCTS CONNECTION S.A.
Using the APP gives you the status of a user of the same and implies your full and unconditional acceptance of each of the conditions published in this service agreement.

Before accepting the Agreement, it is assumed that you have carefully read all the contents of the Agreement and are fully aware of its terms, especially the restrictive clauses or exceptions. The restrictive clauses or exceptions are indicated in bold or otherwise highlighted to capture your attention. If you have doubts about the terms of the Agreement, contact the corresponding commercial department of SMART PRODUCTS CONNECTION S.A. It is not allowed to use the service before reading and accepting all the terms of the Agreement, related agreements, and regulations, etc. After selecting "Accept and submit the Agreement" (see the registration page for detailed wording) and completing the registration procedure, or using the service in any way, it will be considered that you have read and accepted the limitations of the Agreement and the rules described above. In case of violation of the Agreement, SMART PRODUCTS CONNECTION S.A. holds the right to limit, suspend, or unilaterally cancel the service for the user and may exercise the right to investigate its responsibilities.
The parties who sign and subscribe to the Service Agreement (hereinafter referred to as "the Agreement") are you and SMART PRODUCTS CONNECTION S.A. The Agreement includes (but is not limited to) the APP's Privacy Policy and other content. In case of changes, SMART PRODUCTS CONNECTION S.A. will announce such changes on its official website without the need to send a new notification. After the announcement, the amended agreement and rules will automatically become part of the Agreement, without you needing to receive a new notification to obtain your consent. If you oppose such relevant changes, stop using the APP service; if you continue to use it, you will have no objections to the amended rules and their compliance.

I. Definitions of Terms
1.1 Licensed software refers to the software system developed by SMART PRODUCTS CONNECTION S.A., downloaded from the platform and installed and applied on mobile terminals with the specified system.
1.2 Services refers to the services that SMART PRODUCTS CONNECTION S.A. provides to the user. The user can use these services on the mobile terminal with the licensed software.

II. Identification and communications
SMART PRODUCTS CONNECTION S.A., in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, informs you that:
• Its corporate name is: SMART PRODUCTS CONNECTION S.A.
• Its CIF is CIF A01042878
• Its registered office is at Parque Tecnológico de Álava, Leonardo Da Vinci 14 01510 Miñano (Álava) Spain
• Registered in the commercial register of Álava
To communicate with us, we provide you with several contact methods detailed below:
Phone: 944580178
E-mail: dpd@spc.es
All notifications and communications between users and SMART PRODUCTS CONNECTION S.A. will be considered effective, for all purposes, when made by one of the means described above.

III. Service
3.1 The APP and its services are accessible through registration and are free of charge. SMART PRODUCTS CONNECTION S.A. may condition the use of some of the services offered in your APP.
3.2 The APP offers management services for devices connected to the Internet. These functions may be optimized or modified based on changes in user requirements or at the discretion of the service provider, and service provision may be suspended due to scheduled or unscheduled maintenance activities.

IV. Scope of Service
4.1 SMART PRODUCTS CONNECTION S.A. grants the user the right to use the product based on this software.
4.2 The user is prohibited from licensing, selling, renting, transferring, publishing the product in any way, or using the product for any other commercial purpose. Due to platform limitations and software adaptation terminals, the licensed software can only be used on the authorized system platform and authorized terminal; if the licensed software is installed on other terminal equipment, the performance of the related hardware or software may deteriorate.
4.3 The user agrees that the licensed software may only be used for non-commercial purposes and for the installation, application, and execution of the licensed software. If such commercial operation is required, prior written authorization from SMART PRODUCTS CONNECTION S.A. must be obtained.

4.4 SMART PRODUCTS CONNECTION S.A. may from time to time modify, update, or transfer the licensed software or its relevant functions and add new functions or services to the licensed software system. If no separate agreement accompanies the above-mentioned functions or services, the user will be entitled to the corresponding functions and services, which will also be subject to the Agreement.
4.5 The user is responsible for the accuracy, reliability, integrity, and legality of the entered data and the legality of the way the data is obtained, and will make periodic backups of the data and information. The user will assume all risks related to damage and loss of such information.
4.6 The user must properly protect their account number and password. If a security breach occurs related to your account (including, but not limited to, disclosure of the user password), you must notify SMART PRODUCTS CONNECTION S.A. immediately, and SMART PRODUCTS CONNECTION S.A. will assist the user in taking corresponding measures. Otherwise, the user will assume all behaviors and responsibilities related to their account.

V. A Third Party
5.1 The user agrees in whole or in part to the APP service based on software or services provided by third parties, in order to facilitate its application. SMART PRODUCTS CONNECTION S.A. has the necessary legal authorization from third parties.
5.2 The product includes specific third-party information and services. SMART PRODUCTS CONNECTION S.A. does not control nor assumes responsibility for third-party information and services.
5.3 The user agrees that SMART PRODUCTS CONNECTION S.A. cannot guarantee that the licensed software will always use or include such services or that other software provided by the same third party will be used in the future. You may also use similar services provided by another third party. Upon request, the corresponding software or services mentioned are subject to this Agreement. **

VI. Service Application Standards
6.1 The user must use the licensed software in a normal manner. The following forms of use do not comply with the application rule:
1) Spreading or sharing computer viruses, worms, malicious code, or software that deliberately damages or alters the computer system or data.
2) Collecting information or data from other users without authorization, such as email addresses and similar information.
3) Maliciously using the product in an automated manner that causes server overload or interferes with or causes other damage to the web server and network connections.
4) Attempting to access server data or product communication data without authorization.
5) Interfering with or causing damage to other users' production applications.
6.2 The user understands and agrees that:
1) SMART PRODUCTS CONNECTION S.A. will determine whether the user is involved in violations of the above application rules and will suspend or cancel their application license according to the results of its resolution or impose other restrictions under applicable agreements.
2) SMART PRODUCTS CONNECTION S.A. will directly delete information released by the user during the use of the licensed software that violates the law, infringes other legal rights, or breaches the Contract.
3) If a third party suffers damages resulting from the user's violation of the application rules, the user shall assume legal responsibility on their own behalf and protect and indemnify SMART PRODUCTS CONNECTION S.A. against any resulting losses or additional expenses. Otherwise, SMART PRODUCTS CONNECTION S.A. reserves the right to claim corresponding compensation.
4) If SMART PRODUCTS CONNECTION S.A. suffers any loss due to the user's violation of the law or the Contract, the user shall indemnify SMART PRODUCTS CONNECTION S.A. for the resulting losses and/or expenses.

VII. Information content standards
7.1 The user agrees not to engage in any act that violates the law and not to commit inappropriate behavior through the use of the service. These acts and behaviors include, but are not limited to:
7.1.1 Uploading, transferring, or sharing information that includes any of the following described content; content that:
1) Violating the fundamental principles established by the Constitution.
2) Endangering State security, revealing state secrets, undermining state power, and endangering the unity of the state.
3) Damaging the honor and benefit of the State.
4) Inciting national hatred and discrimination and endangering the unity of the State.
5) Violating the State's religious policy and promoting heresy and feudal superstition.
6) Spreading rumors, disrupting social order, and breaking social stability.
7) Encouraging obscenity, pornography, gambling, violence, murder, and terror or inciting a crime.
8) Insulting or slandering other people or violating the legal rights and interests of others.
9) Include false, fraudulent, threatening content that violates the privacy of other people, harassing, criminal, defamatory, indecent or morally repugnant.
10) Include other content limited or prohibited under legislation, regulations, codes, provisions and other legal norms in force.
7.2 Contents of SMART PRODUCTS CONNECTION S.A.
All content of the APP, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose ownership belongs to SMART PRODUCTS CONNECTION SA, without it being understood that any exploitation rights over them are assigned to the user beyond what is strictly necessary for the proper use of the APP.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of SMART PRODUCTS CONNECTION S.A. or properly referred to their legitimate owner, without it being understood that the use or access to it grants the user any rights over them.
The distribution, modification, transfer or public communication of the content and any other act that has not been expressly authorized by the holder of the exploitation rights is prohibited.
The creation of a hyperlink does not imply in any case the existence of relationships between SMART PRODUCTS CONNECTION S.A. and the owner of the website on which it is established, nor the acceptance and approval by SMART PRODUCTS CONNECTION S.A. of its contents or services.
SMART PRODUCTS CONNECTION S.A. is not responsible for the use that each user makes of the materials made available in this APP or the actions taken based on them.

VIII. Exclusion of warranties and liabilities
The content of this APP is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, or its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose.
SMART PRODUCTS CONNECTION S.A. excludes, to the extent permitted by law, all liability for damages of any kind arising from:
a) The inability to access the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the content, as well as the existence of defects and flaws of any kind in the content transmitted, distributed, stored, made available, which have been consulted through the APP or the services offered.
b) The presence of viruses or other elements in the content that may cause alterations in computer systems, electronic documents, or user data.
c) Failure to comply with laws, good faith, public order, traffic customs, and this legal notice as a consequence of misuse of the APP. In particular, by way of example, SMART PRODUCTS CONNECTION S.A. is not responsible for the actions of third parties that violate intellectual and industrial property rights, trade secrets, rights to honor, personal and family privacy and image itself, as well as rules on unfair competition and illegal advertising.
Similarly, SMART PRODUCTS CONNECTION S.A. disclaims all responsibility regarding information that is outside this APP and not directly managed by our webmaster. The function of the links appearing in this APP is solely to inform the user about the existence of other sources capable of expanding the content offered by this APP. SMART PRODUCTS CONNECTION S.A. does not guarantee nor assumes responsibility for the operation or accessibility of linked sites; nor does it suggest, invite, or recommend visiting them, so it will not be responsible for the outcome obtained. SMART PRODUCTS CONNECTION S.A. is not responsible for the creation of hyperlinks by third parties.

IX. Privacy and Data Policy
9.1 SMART PRODUCTS CONNECTION S.A. places the highest priority on protecting your personal information. SMART PRODUCTS CONNECTION S.A. has prepared the APP Privacy Policy, which includes content related to ownership and protection of intellectual property, as well as the collection, use, disclosure, storage, and protection, etc., of your information. It is recommended to read the APP Privacy Policy carefully.

X. Exception Clauses
10.1 Unless otherwise specified by legislation and regulations, SMART PRODUCTS CONNECTION S.A. will do its best to ensure the protection, validity, accuracy, and reliability of the licensed software and related technologies and information; however, SMART PRODUCTS CONNECTION S.A. cannot fully guarantee them due to the limitations of currently available technologies.
10.2 The user agrees that SMART PRODUCTS CONNECTION S.A. assumes no liability for direct or indirect losses arising from force majeure situations and third-party violations.
10.3 The user is responsible for accidental or indirect personal injuries or injuries arising from or related to any of the following incidents: 1) A third party uses the licensed software or modifies the data without authorization; 2) Expenses and losses resulting from the use of the licensed software; 3) The user has misunderstood the licensed software; 4) Other losses related to the licensed software arising from reasons not attributable to SMART PRODUCTS CONNECTION S.A.
10.4 Any other software obtained from licensed software that was not developed and published by SMART PRODUCTS CONNECTION S.A. or the development and publication of software not authorized by SMART PRODUCTS CONNECTION S.A. is considered illegal software. Downloading, installing, and using such software may cause unpredictable risks. SMART PRODUCTS CONNECTION S.A. will be exempt from legal liabilities and disputes arising from these activities, and SMART PRODUCTS CONNECTION S.A. will have the right to suspend or cancel the application license and/or all remaining services.
10.5 The user has been informed that the use of the APP involves Internet service, which can be affected by unstable factors in all communication links. Although SMART PRODUCTS CONNECTION S.A. has taken protective measures, the service may be suspended, canceled, delayed, experience application limitations, or application errors arising from inherent defects in the Internet and electronic communications, as well as factors beyond the reasonable control of any party connected to the Agreement (including, but not limited to, fires, floods, terrorist attacks, plagues, natural disasters, riots, terminal viruses, hacker attacks, network failures, and terminal failures). The user hereby agrees to assume the above risks and acknowledges being exempt from any liability when the normal operation of the services is affected by the above risks.

XI. Termination of the Agreement and Breach of the Agreement
11.1 The user must understand that they will use the licensed software in accordance with the scope of authorization, respect the intellectual property of the software and the content included in the software, and fulfill their obligations under the Agreement when using the services of SMART PRODUCTS CONNECTION S.A. This will result in the cancellation of the application license if the user commits a material breach of the Agreement.
11.2 The application of the software is based on support services provided by companies affiliated with SMART PRODUCTS CONNECTION S.A. The user's violation of terms, agreements, standards, notices, and other relevant regulations of SMART PRODUCTS CONNECTION S.A. and its affiliated companies may cause a breach of the normal use of the licensed software; in this case, SMART PRODUCTS CONNECTION S.A. may exercise the right to cancel the application license or take measures to limit the application license or other rights and interests controlled by SMART PRODUCTS CONNECTION S.A. stipulated in the Agreement, including suspension or cancellation of the application license.
11.3 In case of breach by the user of the Agreement or other agreements signed with SMART PRODUCTS CONNECTION SA, it shall have the right to inform affiliated companies to request that they take restrictive measures regarding their rights and interests, including requesting the corresponding companies to suspend or cancel in whole or in part the services they provide to the user and announce their breach of the agreement on the websites that such companies effectively operate or control.
11.4 The licensed software is downloaded from the download platform and the user must comply with the provisions of the download platform, the system platform, and the terminal manufacturer regarding application alternatives and limitations of the licensed software. If the aforementioned third party confirms that the user has breached or is breaching the Agreement and intervention by SMART PRODUCTS CONNECTION S.A. is necessary, it may cancel the application license at the request of the third party.
11.5 In case of cancellation of the application license, the user must cease using the licensed software and destroy all copies.
11.6 The user shall assume all liability for compensation if SMART PRODUCTS CONNECTION S.A. and other users suffer losses arising from their breach of the terms stipulated in the Agreement.

XII. Applicable Law and Severability
In the event that a user or a third party believes there are facts or circumstances revealing the illegal nature of the use of any content and/or the carrying out of any activity on the APP itself or on the web pages included or accessible through the APP (owned by SMART PRODUCTS CONNECTION SA), a notification must be sent to SMART PRODUCTS CONNECTION SA properly identifying yourself, specifying the alleged infringements and expressly declaring under your responsibility that the information provided in the notification is accurate.
To submit any claim or complaint to SMART PRODUCTS CONNECTION S.A., the customer should contact customer service.
For any dispute concerning the SMART PRODUCTS CONNECTION S.A. website, Spanish law shall apply, with jurisdiction of the Courts and Tribunals of Vitoria.
Pursuant to the EU Online Dispute Resolution for consumer disputes and Article 14.1 of Regulation (EU) 524/2013, it is informed that the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.
These terms and conditions shall be governed by the current Spanish legislation.

CONTENTS AND THE QUALITY OF SERVICE

SMART PRODUCTS CONNECTION, S.A. does not assume any responsibility arising from the contents linked on the Website, provided they are external to it, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the user's documents or files, excluding any liability for damages of any kind caused to the user for this reason.

In the event that any user, client, or third party considers that the content or services provided by the linked pages are unlawful or harm the goods or rights of the user, a client, or a third party liable for compensation, and, in particular, consist of:

- Activities or contents that may be considered criminal under Spanish criminal law.

- Activities or contents that violate intellectual or industrial property rights.

- Activities or contents that endanger public order, criminal investigation, public safety, and national defense.

- Activities or contents that endanger the protection of public health, respect for human dignity and the principle of non-discrimination, and the protection of health and childhood.

You may notify SMART PRODUCTS CONNECTION, S.A. of this; however, receipt of such communication shall not imply knowledge for the purposes of the liability provided for in article 17 of the LSSICE.

SMART PRODUCTS CONNECTION, S.A. is not responsible for the lack of usefulness or suitability for a specific use of this Website. It is also not liable for any harm the User may suffer due to errors or omissions that the contents of this Website may have, although it commits to periodically verify and monitor its contents and information.

USE OF THE WEB PORTAL

SMART PRODUCTS CONNECTION, S.A. will not be held responsible under any circumstances for the use that Users may make of the Website or the Contents, nor for any damages or losses that may arise from it.

LINKS TO OTHER WEBSITES

Any third-party link to the Website must be to its main page, with “deep links,” “framing,” and any other use of the Website’s content for the benefit of unauthorized third parties expressly forbidden.

Through this Website, the User may access websites belonging to and/or managed by third parties.

The presence of such links is purely informative and does not in any case constitute an invitation to contract products or services offered on the destination Website. The User accesses the content under their sole responsibility and according to the terms of use governing those sites. The User acknowledges and agrees that SMART PRODUCTS CONNECTION, S.A. is not directly or indirectly responsible for any damages caused by access to such links.

If SMART PRODUCTS CONNECTION, S.A. becomes effectively aware that the information or activity referred to by such links is unlawful, constitutes a crime, or may harm the goods or rights of a third party subject to compensation, it will act with due diligence to remove or disable the corresponding link as soon as possible.

INDUSTRIAL PROPERTY

The use of the website does not grant the user any rights over trademarks, trade names, distinctive signs, or designs of any kind that appear on the website.

Articles, news, legislation, and other public content whose intellectual property rights do not belong to SMART PRODUCTS CONNECTION, S.A. are published solely to inform the users of this site.

SMART PRODUCTS CONNECTION, S.A. holds the rights to the source code, design, navigation structure, databases, and the various software elements of the website, as well as the industrial and intellectual property rights related to the content included therein.

APPLICABLE LAW AND JURISDICTION

SMART PRODUCTS CONNECTION, S.A. reserves the right to take civil or criminal actions it deems appropriate for the improper use of its website or for the breach of these terms.

The relationship between the user and the provider shall be governed by the laws in force and applicable within the Spanish territory. Should any dispute arise, the parties may submit their conflicts in accordance with the rules on jurisdiction and competence in this regard. SMART PRODUCTS CONNECTION, S.A. is domiciled in ARABA/ÁLAVA, Spain.