Privacy Policy
Privacy Policy
This privacy policy sets out how Mobimi uses and protects any information that you might give Mobimi when you use our services.
Mobimi is committed to ensuring that your privacy is protected. Should we ever ask you to provide any information by which you can be identified when using our services, then you can be assured that it will only be used in accordance with this privacy statement. Mobimi may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are happy with any changes. This policy is effective from 01 March 2022
END USER LICENCE AGREEMENT FOR THE LICENSED APPLICATION
MOBIMI offers users with mobile devices call and text messaging services transacted through a licensed application for mobile devices. Our Application is not sold, downloaded for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of this separate license agreement will govern, subject to your prior acceptance.
1. Scope of the Licence
This licence is non-transferable for use on any mobile device that you own or control and as permitted by the Usage Rules set out in our Terms and Conditions. This licence does not permit you to use the Application on any mobile device that you do not own or control, and you may not distribute or make the Application available over a network where it can be used by multiple mobile devices at the same time. You may not rent, lease, lend, loan, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Application, any updates or any part thereof except, and then only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the terms of the licence governing the use of any open source components included in the Application. Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. The terms of the licence will govern any updates provided by us that replace and/or supplement our Services, unless such update is accompanied by a separate licence, in which case the terms of that licence will govern.
2. Services
In the course of using the Licensed Application, you may encounter content that may be deemed offensive, indecent or objectionable. However, you agree to use our Services at your own risk and we shall have no liability to you for content that may be offensive, indecent or objectionable. You agree not to exploit the Services in any unauthorised manner, including, without limitation, by trespass or burdening network capacity. You further agree not to use our Services in any way to harass, abuse, stalk, threaten, defame or otherwise infringe the rights of any other party, and that we are in no way responsible or liable for any such use by you, or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions you may receive as a result of your use of our Services. We make no representation that our Services are available for use in any particular location. To the extent that you choose to access our Services, you do so on your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove or disable access to our Services at any time. In no event will we be liable for the removal or disabling of access to our Services. We may also impose limits on your use of or access to our Services, in any case and without notice or liability.
3. What information do we collect, how do we use it and why is it legal to do so?
We do not collect or share any of your personal information except for your phone number, which you provide when you register with your handset on our Services through the Licensed Application, and technical information about your mobile device (the operating system your handset uses) and for the sole purpose of providing you with our Services. The Licensed Application requests permission to access the contacts stored on your device in order to check whether any of them have downloaded the Application and registered with our Services, which allows you to exchange voice, video and instant messaging communications with those contacts through our Services. Under no circumstances are the contacts stored in your terminal sent by the Application to our servers or to any third party. The Application requests permission to access files stored in your terminal (photos, documents, audio or video recordings or any other format of information) to give you the opportunity to share these files with other users of our Service through the instant messaging service (chat) that the Application has, a service that is encrypted end to end in such a way that only the people involved in the communication will be able to access the content of the information exchanged. Under no circumstances does the Application send any file or any other information stored on your terminal outside your terminal in the background without your direct intervention and without your consent, except for the information indicated at the beginning of this section and which is necessary to offer you our Services.
4. Consent to the use of data
You agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device and phone number, to facilitate the provision of software updates, product support and other services to you related to the Licensed Application. We may use this information, provided it is in a form that does not personally identify you, to improve our Services offered.
5. Security measures for personal data
We process your personal data in accordance with applicable data protection laws and regulations. We have taken appropriate legal, technical and organisational security measures to protect your personal data from unauthorised disclosure or access, misuse, loss, alteration or destruction. The security measures we have adopted have been created to ensure a level of security appropriate to the risks associated with the data processing activities we carry out. If you have any questions regarding our security measures please contact us at support@mobimi.eu.
6. Communications and notifications
MOBIMI may use your personal data to communicate with you. The communication may include messages about updates, bugs, alerts and any other matters relating to the technical aspects and usability of the application and other parts of the services. From time to time we may ask you to provide us with information about your experience using the App or other parts of the Services which will be used to improve the quality and delivery of the Services. You are under no obligation to provide such information. Such information will be used to review the improvement of our services.MOBIMI may, from time to time, contact you by telephone, SMS or any other appropriate information channel to keep you informed about the latest news from MOBIMI and its services, including new products, campaigns, promotions and payment methods.If you do not wish to receive promotional messages from MOBIMI you may request to unsubscribe by following the instructions in the promotional message you have received or by contacting our customer service team.
7. Termination
The licence is effective until terminated by either you or us. We will terminate your rights under this licence without notice if you fail to comply with any of the terms of this licence. Upon termination of the licence, You must cease all use of the Licensed Application, and destroy all copies, in whole or in part, of the Licensed Application.
8. Third party websites
Our website may contain links to third party websites. Please note that we do not control the linked websites. If you want to know more about how these third parties treat your personal data you should read their privacy policies. Our privacy policy applies only to personal data that we receive or collect through our website, our app, your use of our services and your relationship with MOBIMI.
9. Scope of the Guarantee
You expressly acknowledge and agree that your use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our services are provided on an ''as is'' and ''as available'' basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Licensed Application and Services, whether express, implied or statutory, including, without limitation, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights. We do not warrant that there will be no interference with your enjoyment of the Licensed Application and Services, or that the Licensed Application and Services will be uninterrupted or error-free, or that defects in the Licensed Application and Services will be corrected. No oral or written information or advice given by us shall create a warranty. In the event of any defect in the App or Licensed Services, you will bear the entire cost of all necessary servicing, repair or correction.
10. Possible changes to the privacy policy
We are constantly innovating and looking for new ways to improve our services. We therefore reserve the right to update and modify this privacy policy at any time and to reflect such improvements or any other changes to our business, as well as to comply with applicable data protection legislation.our privacy policy is always available for consultation on our website (under Legal Information) and also on our app (under Customer Service) so that users can, at all times, know what personal data we collect, how and why the data is processed and under what circumstances such information may be shared. We recommend that you review the privacy policy periodically to be aware of any changes. If you do not agree with the terms of the policy you should not use the services.
11. Data retention
Your personal data will be stored only for as long as is necessary to fulfil the purpose for which your personal data was collected. However, personal data may be kept for a longer period if required by law (for example, to comply with accounting requirements or requirements to keep records of telephone calls for lawful interception) or if reasonably necessary to protect our legal interests.
12. Limitation of liability
To the extent not prohibited by law, in no event will we be liable for any personal injury, incidental, special, indirect or consequential damages of any kind, including, without limitation, damages for loss of profits, loss of data, business interruption or any other damages or business losses, arising out of or in connection with the use of or inability to use the licensed application, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. The foregoing limitations shall apply even if the remedy set forth above fails of its essential purpose.
13. Your rights with respect to your personal data.
Under current data protection legislation, you have the following rights with regard to personal data:
• Right of access - You have the right to obtain information from MOBIMI about any personal data that is processed about you, as well as access to such data, if applicable.
• Right to rectification - You have the right to rectify inaccurate personal data about you.
• Right to erasure (''the right to be forgotten'') - You have the right to delete any data about you if this data is no longer necessary for the purposes for which it was collected. There may be legal obligations that oblige MOBIMI to keep the data, which will prevent MOBIMI from deleting this data. In this case, we can block the data that we are obliged to store so that it cannot be used for any other reason than to comply with legal requirements; we can also anonymise the data.
If you wish to exercise your rights with respect to your personal data or if you have any questions in relation to this privacy policy you can contact us at legal@mobimi.eu.
14. Jurisdiction
The laws of Spain, excluding its conflicts of law rules, govern this license and your use of the Application. You expressly agree that the courts of Spain have exclusive jurisdiction over any claim or dispute with MOBIMI or relating in any way to your use of the Licensed Application. Your use of the Application may also be subject to other local, state, national or international laws.
Legal Note
Commercial name: MOBIMI App
Company name: VR Telecom S.L.
Mobimi is owned by VR Telecom S.L.
Registered Office: Camino Camoján 7, Office 14, 29602, Marbella, Málaga, Spain
CIF / NIF: B93045508
Phone +34 952 86 82 09
e-Mail: office@vrtelecom.es
Malaga Mercantile Register, volume 4741, folio 75, section 8, page MA-104.615.
Web: www.vrtelecom.es
OBJECT
The provider, responsible for the website, provides users with this document with which it intends to comply with the obligations set out in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), as well as to inform all users of the website regarding the conditions of use of the website. Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may be applicable. The provider reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform users of said obligations, with publication on the provider's website being understood to be sufficient.
RESPONSIBILITY
The provider disclaims any liability for the information published on its website, provided that this information has been manipulated or introduced by a third party external to the same. The provider's website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the correct functioning and visualisation of the site. The cookies used on the website are, in any case, of a temporary nature for the sole purpose of making their subsequent transmission more efficient and disappear when the user's session ends. Under no circumstances will cookies be used to collect personal information. From the client's website it is possible that you may be redirected to content on third party websites. Given that the provider cannot always control the content introduced by third parties on their websites, the provider assumes no responsibility for such content. In any case, the provider states that it will immediately remove any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the redirection to said website, informing the competent authorities of the content in question. The provider is not responsible for the information and content stored, including but not limited to, in forums, chat's, blog generators, comments, social networks or any other medium that allows third parties to publish content independently on the provider's website. However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, the provider is available to all users, authorities and security forces, and actively collaborating in the removal or blocking of all content that could affect or contravene national or international legislation, the rights of third parties or morality and public order. In the event that the user considers that there is any content on the website that could be susceptible to this classification, please notify the website administrator immediately. This website has been checked and tested to ensure that it functions correctly. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, the provider does not rule out the possibility of certain programming errors, or the occurrence of force majeure, natural disasters, strikes or similar circumstances that make it impossible to access the website.
PERSONAL DATA PROTECTION
The provider is deeply committed to compliance with Spanish personal data protection regulations, and guarantees full compliance with the obligations established in Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD) and in the European General Data Protection Regulation (GDPR), in force since 2018, as well as in consumer protection legislation. The provider makes available to users the Privacy Policy of the entity informing users regarding the following aspects:
– Data Controller's details.
– Data handled.
– File where they are stored.
– Purpose of the treatment.
– Whether or not they must be provided, and the consequences of failure to provide them.
– On the rights of all users and the procedure for exercising them.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics are the property of the provider or, where applicable, it has a licence or express authorisation from the authors. All the contents of the website are duly protected by intellectual and industrial property regulations, as well as being registered in the corresponding public registers. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialisation, in any case requires the prior written authorisation of the provider. Any use not previously authorised by the provider will be considered a serious breach of the intellectual or industrial property rights of the author. The designs, logos, text and/or graphics not belonging to the provider and which may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy which may arise with respect to the same. In any case, the provider has the express prior authorisation of the owners. The provider expressly authorises third parties to redirect directly to the specific contents of the website, and in any case must redirect to the main website of the provider. The provider recognises the corresponding industrial and intellectual property rights in favour of their owners, and their mere mention or appearance on the website does not imply the existence of any rights or liability whatsoever of the provider with regard to the same, nor any endorsement, sponsorship or recommendation on the part of the same. To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as regarding any of the contents of the website, you may do so by sending an e-mail to the following address.
APPLICABLE LAW AND JURISDICTION
For the resolution of all disputes or questions related to this website or the activities carried out therein, Spanish legislation shall apply, to which the parties expressly submit themselves, and the Courts and Tribunals of Malaga shall be competent for the resolution of all disputes arising from or related to its use.