Privacy Policy

1. OWNERSHIP.

This document aims to establish the general terms and conditions for the use of the IVY DECARB E-commerce Platform application (hereinafter, the Application), owned by IVY DECARB MARKETPLACE, S.L., with VAT ID/NIF no.: B75319020, and registered address for notification purposes at: C/ José Ortega y Gasset, 22-24, 5th floor, Zip Code 28006 - Madrid (Madrid) (hereinafter, the Owner).

Registration and subsequent use of the Application requires the user's prior acceptance of the current general terms of use. The Owner reserves the right to modify these terms at any time; such changes will be properly communicated for the user's awareness.

Downloading and using the Application grants the condition of user (hereinafter, the User) and implies the reading, understanding, and acceptance of all terms and conditions set forth in this document.

However, the User must periodically review any publications regarding changes to the terms of use, and continued use of the Application will be understood as acceptance and agreement to such changes.

These terms of use affect your legal rights and obligations regarding the use of the Application. If you do not agree to the terms, you should not register, access, or use the Application.

2. MINORS.

In accordance with current personal data protection laws, and to protect the privacy of minors, the User must be of legal age to register, access, and use this Application.

For this purpose, the Owner may contact the User at any time to verify their identity and actual age that would authorize the use of the Application.

Documents that may be requested by the Owner to verify the above include a copy of the User's ID card, as well as any other supporting documents necessary for the Owner to confirm the User's real age. If the Owner requests such documentation and the User refuses to provide it, the Owner may remove the User from the Application.

3. INTELLECTUAL PROPERTY RIGHTS.

The Application is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animations, videos, computer programs, etc.), whose intellectual property rights, as per current regulations, belong to the Owner, except for those materials obtained under license, authorization, or consent from third parties.

The Owner and third-party licensors will retain at all times the intellectual property rights over the Application and the various elements comprising it, individually and in all copies made (regardless of the medium), granting only usage rights.

Any right not expressly granted shall be considered reserved in favor of the Owner and content or component licensors.

The Owner holds the intellectual property and exploitation rights for the software used in the development and operation of the Application and is authorized to download and install new versions, updates, and improvements to enhance the service functionalities.

The User does not acquire any right or license regarding the service software or the technical service information, except for those rights and licenses necessary for proper use and operation of the Application.

Moreover, the Owner is responsible for the selection, design, structure, and arrangement of the Application's content and has assumed the initiative and risk of substantial investments aimed at obtaining, digitizing, and presenting it. Accordingly, the Owner is entitled to the protection granted by the Intellectual Property Law (IPL) over such structure and organization of data.

The Owner is also the sole holder of the design and graphical interface of the Application and reserves the right to take legal action against any person who imitates or unfairly uses it.

4. USER RIGHTS.

Regarding user-generated content during the use of the Application, the User shall retain sole intellectual property rights to such content.

However, by sharing, distributing, or publishing content within the Application, the User grants a non-exclusive, transferable, and free license to store, reproduce, distribute, modify, maintain, or publicly communicate (distribute, publish) the user-generated content.

If the User shares or publishes content not created by themselves, they are solely responsible for having obtained prior authorization from the legitimate authors of said content.

In any case, the Owner informs the User that, although content may be deleted from the Application interface, it may remain in the Owner's backup copies for a certain time before being permanently deleted.

Additionally, the content may remain visible if it was shared with other users who downloaded or saved it, which exceeds the scope of the Application.

5. USER OBLIGATIONS.

The User agrees to use this Application and all its content in accordance with the law, morality, public order, and these terms of use. Likewise, the User commits to proper use of the Application's services and/or content.

In particular, the User agrees to:

• Not use the Application for illegal or criminal purposes, or in a way that infringes third-party rights or violates intellectual or industrial property regulations or any applicable laws.
• Not transmit, introduce, disseminate, or make available any material or information (data, messages, drawings, audio or image files, photographs, software, etc.) that is illegal, immoral, against public order, or these terms.
• Not generate, share, or upload content that is illegal, misleading, discriminatory, or infringes upon another person's rights.
• Not publish or transmit any content that is violent, obscene, abusive, racist, xenophobic, or defamatory.
• Not introduce or upload viruses or malicious code, or engage in actions that may disrupt the proper functioning of the Application.
• Not collect or use personal data (including physical images) of other users without their express consent or in violation of the General Data Protection Regulation (GDPR).

Violation of any of the provisions in this section entitles the Owner to immediately remove the User from the Application and delete any content generated by the User that may infringe upon third-party rights, be inappropriate, or violate the law.

6. LIMITATION OF LIABILITY.

The Owner does not guarantee that the Application will be free from faults or errors that may hinder its use or cause defects, problems, or delays.

Provided the Owner has acted with due diligence, it shall not be held responsible for: losses not caused by a breach of these terms by the Owner; losses that could not reasonably be foreseen by either party; or content shared or published by other users that infringes on third-party rights or is illegal, violent, offensive, or inappropriate.

7. PERSONAL DATA PROTECTION.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation - GDPR), all personal information or data provided by the User while using this App will be processed in accordance with our Privacy Policy.

8. MODIFICATIONS.

The Owner reserves the right to make, without prior notice, any changes deemed appropriate for the proper functioning of the Application, including modifying, removing, or adding both the content and services offered, as well as the manner in which they are presented or located.

The Owner will attempt, to the extent possible, to keep the Application's information up to date and error-free. However, access and use of the Application is the sole responsibility of the User.

9. LEGAL ACTIONS.

In case of non-compliance by the User with the terms of use herein, the Owner is entitled to take legal action as provided for under applicable legislation and to seek appropriate compensation from the User.

The Owner will pursue any improper use of the Application or its content, as well as any infringement of the rights held by the Owner or its licensors, particularly in relation to intellectual and industrial property rights.