The website https://myhappyforce.com/ (hereinafter referred to as the “Website”) and the “Happyforce” application (hereinafter referred to as the “App”) are owned by HAPPYFORCE, S.L. (hereinafter referred to as “HAPPYFORCE”), with Tax ID Number B-66581547, duly registered at the Commercial Registry of Barcelona, Volume 44929, Folio 205, Sheet 471645, Entry 1, and with registered address at Passeig Isabel II, No. 12, 08003 Barcelona.
By using the Website or the App, the user accepts these terms of use (hereinafter referred to as the “Terms of Use”) and agrees to use the Website and the App, as well as the services and content hosted therein, in accordance with these Terms of Use and under their sole and exclusive responsibility.
- Identification of the Parties
The Terms of Use are entered into, on one hand, by HAPPYFORCE and, on the other hand, by the end user [in particular, employees or managers of a company] interested in the services offered through the Website or the App (hereinafter referred to as the “User”), whose personal data are those provided by the User on the Website, the App, and specifically through the contact forms and/or Demo forms made available by HAPPYFORCE to the User.
- Purpose and Scope of Application
These Terms of Use regulate the access, browsing, and use of the Website and the App by the User.
However, access to certain content and the use of certain services provided by HAPPYFORCE may be subject to other conditions that, in such cases, will replace, complement, and/or modify these Terms of Use.
- Access and Use of the Website and the App
Both access to the Website and the App, as well as any unauthorized use that may be made of the information contained therein, are the sole responsibility of the user performing such actions.
The User agrees to use the content, information, and data of the Website and the App in accordance with these Terms of Use, with the rest of the policies accessible through the Website, with applicable regulations, with generally accepted good practices, and with public order.
HAPPYFORCE shall not be liable for any consequences, damages, or harm that may arise from such access, use, or non-compliance, nor shall it be responsible for security errors that may occur or for damages that may be caused to the User’s computer system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s computer used to connect to the services and/or products offered by HAPPYFORCE through the Website and the App; (ii) a malfunction of the browser; and (iii) the use of outdated versions thereof.
- Rules for the Use of the Website and the App
HAPPYFORCE reserves the right to cancel the registered User’s account and may proceed with the termination of the present agreement. The cancellation of the User’s account may particularly occur in case of non-compliance with any of the contractual obligations assumed herein, as well as in the event of a use of the Website and the App that is contrary to these Terms of Use, the privacy policy of the Website or App, and the accepted good faith practices in the industry.
In this regard, the User agrees to:
- Not use the Website and the App or any of its components to engage in time-sharing operations or to establish themselves as providers of software application services to the extent that they are aimed at enabling third-party access to the platform or any of its components through rental operations, administrative services, or any other similar arrangements, sharing them or making them available to third parties.
- Not use the Website or the App to collect personal data from other users.
- Not publish on the Website or the App or use them as a system for managing and exchanging illegal, immoral, or contrary to public order information and/or documentation, or in violation of copyright and/or industrial property rights.
- Not engage in reverse engineering, requirement gathering, or any other activities aimed at developing an identical or similar online platform to the one provided by HAPPYFORCE. Such activity may be considered an act of unfair competition and a violation of HAPPYFORCE’s intellectual and industrial property rights over the platform.
- Not subject the platform to workloads clearly aimed at destabilizing it, including denial-of-service attacks (DDoS) or similar situations. In the event that such situations are detected, the previously mentioned service level will not apply and will be considered an emergency situation.
- Not translate, adapt, improve, transform, correct, or modify the platform or any of its components in any other way, and not incorporate other software or platforms, whether proprietary or provided by third parties, into the platform.
- Not remove, delete, alter, manipulate, or modify in any way the notes, legends, indications, or symbols that HAPPYFORCE, as the rightful owner of the rights, incorporates into its intellectual or industrial property assets (e.g., copyright, ©, ®, and TM), whether on the platform itself or in associated materials.
- Notify HAPPYFORCE of any incidents or situations that could jeopardize the security of authorized user access.
- Prevent the normal development of an event, contest, promotion, or any other activity available through the Website and the App, whether by illegally or in any other way altering the access, participation, or functioning of such activities, falsifying their results, using fraudulent participation methods through any procedure, and/or engaging in any practice that violates these Terms of Use.
- Any attempts to force failures or exploit security vulnerabilities on the HAPPYFORCE Website or App are prohibited.
- Refrain from using the content of the Website and the App for illicit, prohibited, or contrary purposes to those established herein, which may harm the rights and interests of HAPPYFORCE, other users, third parties, or in any way damage, disable, overload, or impair the proper use or enjoyment of the Website and the App by users.
- User Participation and Responsibilities on the Website and the App
User participation on the Website and the App will be through the provided access methods.
HAPPYFORCE may monitor the content posted by the User on the Website and the App, and in case of misuse that hinders the experience of other users, HAPPYFORCE may remove the User’s comments and/or publications.
It is prohibited to publish content that:
- Could be considered a violation, in any form, of the fundamental rights to honor, personal and family privacy, or the image of third parties, especially minors.
- Includes photographs that capture images or personal data of third parties without obtaining the necessary consent from the owners.
- Violates the secrecy of communications, infringes intellectual or industrial property rights, or violates European and state regulations on the protection of personal data.
- Contains any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent, or in any way contrary to morality or public order.
- Contains spam or links to unrelated websites.
- Includes advertising or commercial communications, for the purpose of sending advertising messages or collecting data for the same purpose.
HAPPYFORCE does not assume any responsibility for the content published by the User. However, HAPPYFORCE reserves the right to monitor and/or moderate any content posted by the User on the Website and the App, and if it violates these terms of use or the Privacy Policy, HAPPYFORCE may edit or delete it in its entirety.
- Links to Other Websites
These Terms of Use do not apply to third-party links, websites, and applications that can be accessed through the Website or the App.
If the User accesses other networks or computer resources, they agree to comply with the corresponding privacy policies. Therefore, HAPPYFORCE is not responsible for the content or security measures adopted by them.
Furthermore, HAPPYFORCE does not guarantee the absence of viruses or other elements in the linked content from the Website and the App that may cause alterations to the User’s computer system (hardware and software), documents, or files. HAPPYFORCE also excludes any liability for damages of any kind resulting from the above.
In any case, HAPPYFORCE will immediately remove any link when the content to which it redirects violates national or international laws, morality, or public order.
- Exclusion of Warranties and Liability
HAPPYFORCE does not guarantee the permanent availability of the services offered on the Website and the App, although it will make its best efforts to ensure their regularity and proper functioning. For this purpose, HAPPYFORCE declares that it has taken and will take all necessary and reasonable measures, within its capabilities and the state of technology, to ensure the correct operation of the Website and the App.
However, HAPPYFORCE does not assume any responsibility for damages that may arise from disconnections, interference, or interruptions that may occur in accessing or navigating the Website and the App, nor for damages that may arise for the User or third parties due to the existence and spread of computer viruses or other harmful elements.
HAPPYFORCE also does not assume any responsibility for errors or omissions that may exist in the content of the Website and the App, or for actions that the User may take based on such content.
- Modification of the Terms of Use
HAPPYFORCE reserves the right to make, without prior notice, any modifications it deems appropriate to these Terms of Use. It is the User’s responsibility to carefully read the Terms of Use each time they wish to use the Website or the App to check for any modifications or changes, with the reference being the date of the last update.
- Intellectual and Industrial Property
The User acknowledges and agrees that all industrial and intellectual property rights over the content and/or any other elements inserted by HAPPYFORCE on the Website and the App (including, but not limited to, all elements that make up the visual appearance, graphic image, and other sensory stimuli that constitute the Website or the App, or the “look and feel,” trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as source codes) belong to HAPPYFORCE and/or third parties who have granted their rights. For this purpose, the Website and App shall be understood as all creations incorporated and expressed by HAPPYFORCE through any known or unknown means and/or tangible or intangible support, protected by the provisions of current legislation on intellectual and industrial property.
The mere viewing, printing, downloading, or temporary storage, whether in whole or in part, of the content and/or elements inserted by HAPPYFORCE on the Website and the App is authorized solely for the User’s personal, private, and non-profit use. In all cases, the User must indicate the origin and/or author of such content and, if applicable, include the copyright symbol and/or industrial property notes of their respective owners. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted by HAPPYFORCE or the third party rights holder.
The use of these elements, their total or partial reproduction, communication, and/or distribution for commercial or profit purposes, as well as their modification, alteration, decompilation, and/or any other act of exploitation of the Website and/or the App, whose image rights HAPPYFORCE has the right to exploit, is strictly prohibited. For any other use other than those expressly permitted, prior written consent from the relevant rights holder must be obtained.
These Terms of Use of the Website and the App do not grant the User any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and the App, and/or their content, beyond what is expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted by HAPPYFORCE or the third party rights holder.
Notwithstanding the above, if the User believes that any content on the Website or the App may infringe intellectual or industrial property rights, please notify us as soon as possible by sending an email to gdpr@myhappyforce.com.
- Communications
HAPPYFORCE will contact the User by email or provide information by posting notices on the Website and/or the App. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent to them electronically meet the legal requirements.
Notifications from the User should preferably be sent via email to gdpr@myhappyforce.com. Alternatively, communications can be sent by postal mail to the attention of HAPPYFORCE at Passeig Isabel II, No. 12, 08003 Barcelona.
Notifications will be deemed properly formalized and received:
- At the moment they are posted on our Website and App.
- 24 hours after an email is sent.
- Three (3) days after the date of mailing for any physical letter.
To prove that a notification has been made, it will be sufficient to demonstrate, in the case of a letter, that it had the correct address, was properly stamped, and was duly delivered to the post office or mailbox, or in the case of an email, that it was sent to the email address specified by the recipient.
- Applicable Law and Jurisdiction
The laws that shall govern and the jurisdiction that shall have authority over the relationship between HAPPYFORCE and the User of the Website and the App shall be determined by the current legislation.
However, in cases where the current legislation allows the parties to submit to a specific jurisdiction, HAPPYFORCE and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Spanish legislation and to the Courts and Tribunals of Barcelona.
- Additional Information on Data Protection
Personal data will be stored for the strictly necessary time until the purpose for which they were collected is completed, as long as the cause that legitimizes the processing of this personal data is maintained. Once the cause that legitimizes the processing is completed, the personal data will be duly blocked for a period of time that is appropriate to comply with the legal prescription periods in order to avoid potential violations. Secure anonymization techniques may also be applied for statistical research purposes.
At any time, you can exercise your rights of access, rectification, deletion, restriction, portability, or objection to the processing of your data, as well as file a complaint if you believe that HAPPYFORCE is improperly processing your personal data. You can do so by sending a written communication to the attention of HAPPYFORCE at the address Passeig Isabel II, No. 12, 08003 Barcelona, or by email to gdpr@myhappyforce.com.
For more information regarding the processing of your personal data, please refer to our Privacy Policy.
