In compliance with the obligation for general information in Art. 10 of Spanish Law 34/2002 of 11 July on information society and e-commerce services, the owner of the APP “iBKS Config Tool”, is ACCENT ADVANCED SYSTEMS, SLU (hereinafter ACCENT ADVANCED SYSTEMS, S.L.U.) with registered office at TERRA ALTA, 1-3 P.I.CAN CARNER, 08211 CASTELLAR DEL VALLES, BARCELONA, with CIF [Tax Identification Code B64666951 and registered in the Barcelona Companies’ Register, Volume _____, Sheet ____, Page ____, Registration No. ______.
ACCENT ADVANCED SYSTEMS, S.L.U. reserves the right to modify these Conditions of Use in order to adapt them to the current legislation applicable at any time.
These Conditions of Use do not rule out the possibility that certain Services in the App, because of their specific characteristics, may be subject, in addition to the General Conditions of Use, to their own particular conditions of use.
ACCENT ADVANCED SYSTEMS, S.L.U. may, at any time and with no need for prior notice, make changes and updates to these Conditions of Use. These changes will be published on the Website and in the App and will be effective from the moment they are published.
As a consequence of the above, the User must check periodically whether there are changes in these Conditions and, regardless of whether there is explicit consent or not, if the User continues to use the Service after publication, this implies acceptance thereof. If any User does not agree with the updates to the Conditions of Use, he/she may refuse by ceasing to use the Service.
Access and download of the app is free of charge, apart from the cost of the connection using the telecommunications network provided by the access provider contracted by the users.
The download and use of the app makes whoever doing so a user (hereinafter, the ‘User’) and involves reading, understanding and accepting all the terms and conditions listed herein.
2.- FUNCTIONING OF THE APP
This app only works with iBKS models with the firmware version V5.0 or higher. Through this app, older firmware versions may be updated to the latest one by using the integrated DFU.
IBKS config tool is an App which will allow you to scan and set up the beacon models iBKS105, iBKS Plus and iBKS USB with firmware v5.0 and higher manufactured by ACCENT ADVANCED SYSTEMS, SLU.
The features available on the App are:
– Associate the app with a beacon account and Google projects on Google Developers Console to manage IBeacon, Eddystone UID and the registration of Eddystone EID.
– Analyse all the available beacon devices around and view the device MAC address, advertising packages in real time and whether the beacon is in connectable mode or not.
– Connect to iBKS beacon devices in connectable mode, view and modify the following features: IBeacon slots, Eddystone slots, device name, password, connectable modes and factory reset.
– Add the distribution file to check the set of factory parameters associated with a specific beacon using a QR code.
– The app is only available for devices with Bluetooth Smart LE v4.0 and Android 5.0 or newer.
– This app has been specially designed to configure USB devices Beacon models iBKS105, iBKS Plus and iBKS with firmware v5.0 and above manufactured by ACCENT ADVANCED SYSTEMS, SLU. Using this app, earlier versions of the firmware may be updated to the most recent one by using the integrated DFU.
NOTE: App tested and working on the following devices: Nexus 7, Nexus 5, G Moto, Moto G4 Plus, Motorola Gen. 3, Samsung Galaxy S4, Nexus 5x and OnePlus 3.
3.- COMPILING INFORMATION ABOUT THE DEVICE
ACCENT ADVANCED SYSTEMS, S.L.U. automatically compiles certain information about your device:
- search for accounts in the device
- search for accounts in the device
- approximate location (network-based)
- precise location (network and GPS-based)
- read the content of your USB storage
- modify or delete content from the USB storage
- read the content of your USB storage
- modify or delete content from the USB storage
- take photographs and record videos
- see network connections
- link with Bluetooth devices
- access Bluetooth settings
- full access to the network
- use accounts in the device
4.- PERSONAL COMPILATION
We can also compile personally identifiable information about the user (such as your name and surname(s), e-mail address, date of birth, civil status, postal address, nationality, etc.), as well as personally non-identifiable information that you provide to us, when the User requests information using the Website or the App, or contacts us directly.
5.- ACCESS TO THE LOCATION
ACCENT ADVANCED SYSTEMS, S.L.U., will have access to the device location. Said access, prior to the use of the App, must be accepted or rejected by the User.
In addition, at any time the User may simply revoke the processing carried out by the APP using the location of the device, thus preventing the APP from having access to the processing of the location data.
The ACCENT ADVANCED SYSTEMS, S.L.U. App is available for all Users of computers, portable/laptop devices and mobiles that use the Windows, Android and iOS operating systems and those specific to the app platform, and web access and network servers in general.
ACCENT ADVANCED SYSTEMS, S.L.U., will make all reasonable efforts to ensure that the App is available at all times. Nevertheless, the user accepts that the App is delivered via the internet and mobile networks and that, consequently, the quality and availability of the App may be affected by factors outside the control of ACCENT ADVANCED SYSTEMS, S.L.U.
ACCENT ADVANCED SYSTEMS, S.L.U. cannot be held liable for the non-availability of the App, for the difficulties or the impossibility of downloading or accessing its content, or for any other fault in the communication system that might make the App unavailable. Neither can it be held liable for users being unable to download help for the app after payment has been formalised, which are due to faults in the internet connection, the connection with the service provider or the device itself. In addition, neither is it responsible for the technical service or maintenance of the App.
7.- SYSTEM REQUIREMENTS
In order to be able to use the App, the user must have a compatible computer, telephone or mobile device, with an internet connection that meets the minimum specifications (“Software requirements”).
The App’s software version may be updated periodically to add compatibility with new functions and services.
The software Requirements are as follows: Android devices with Android operating systems OS 5.0 and later versions; Apple devices with iOS 9.0 or later. Compatible with iPhone, iPad and iPod touch.
8.- LICENCE, ASSIGNMENTS AND INTELLECTUAL PROPERTY RIGHTS
All the trademarks, copyrights, databases and other Intellectual Property Rights for the ACCENT ADVANCED SYSTEMS, S.L.U. App, whatever their nature, together with the source code, are the exclusive property of ACCENT ADVANCED SYSTEMS, S.L.U., or, where relevant, of those owners from whom ACCENT ADVANCED SYSTEMS, S.L.U. has lawfully obtained the licence or assignment to use them in the App.
The App and the content provided through it are owned by ACCENT ADVANCED SYSTEMS, S.L.U., and all that we do is grant you a limited, free, non-exclusive and revocable licence for personal, non-commercial use and to receive the multimedia content made available through the App. This Licence will remain in force unless you stop using the App or are stopped from using it by ACCENT ADVANCED SYSTEMS, S.L.U.
The App is licensed to you, not sold to you, and ACCENT ADVANCED SYSTEMS, S.L.U., retains ownership of all the copies of the App, even after it is installed on your Device. ACCENT ADVANCED SYSTEMS, S.L.U., may assign these or any part thereof without restrictions, however, although the User may not assign them or any part of them, or transfer or sub-licence his/her rights under this Licence, to any third party.
All the registered trademarks, service marks, trade names, logos, designs and domain names included in the App, and any other functions of the App are the exclusive property of ACCENT ADVANCED SYSTEMS, SLU. ThisLicence does not grant the User any right to use the registered trademarks, service marks, trade names, logos, designs or domain names of ACCENT ADVANCED SYSTEMS, SLU, irrespective of whether it is for commercial or non-commercial use.
9.- LIMITATION OF LIABILITY
In accordance with the maximum permitted by the Law, under no circumstances may ACCENT ADVANCED SYSTEMS, S.L.U., its senior executives, shareholders/members, employees, agents, directors, subsidiaries, affiliates, successors, assignees, suppliers or licensors be held liable for any type of direct, indirect, special or punitive loss or damage deriving from the use of or access to the App.
In addition, the User accepts that, in the measure permitted by the applicable Legislation, the sole and exclusive right to which he/she is entitled with regard to any problem or dissatisfaction with the App, or with its content, is to uninstall the App and stop using it.
ACCENT ADVANCED SYSTEMS, S.L.U., cannot be held liable for any damage or alteration to the User’s devices as a result of the installation or use of the App, including, but not limited to, computer equipment, portable devices or mobile telephones.
ACCENT ADVANCED SYSTEMS, S.L.U., will maintain the App operational. However, certain technical difficulties may arise, or it may be necessary to carry out maintenance services, which might involve temporary interruptions. For this reason, ACCENT ADVANCED SYSTEMS, S.L.U. cannot guarantee the permanent availability or the continuous operation of the App, or that there are no viruses or other elements that might cause changes in the system of the devices, nor the reliability, utility, veracity, accuracy and integrity of the information contained in the App, or that said information is up to date. In any event, ACCENT ADVANCED SYSTEMS, S.L.U. has carried out all the necessary technical adjustments required by Spanish Law.
10.- RESPONSIBILITY OF USERS
The User recognises and accepts that the use of the content and/or services offered by the ACCENT ADVANCED SYSTEMS, S.L.U. App shall be under his/her own exclusive risk and/or responsibility. The User undertakes to use the app and all its content and Services in accordance with the Law, morals, public order, these Conditions of Use, and any Particular Conditions that might apply. Likewise, he/she undertakes to make appropriate use of the services and/or content of the app and not to use them to carry out unlawful activities or activities constituting an offence, which violate the rights of third parties and/or which infringe the regulation on intellectual and industrial property, or any other applicable legal regulations. In particular, the User undertakes not to transmit, enter, disseminate or make available to third parties any type of material and information (data content, messages, pictures, sound and image files, photographs, software, etc.) that are contrary to the law, morals, public order, these Conditions of Use, and any Particular Conditions that might apply. By way of example, but under no circumstances limited exclusively to the following, the User undertakes:
– Not to enter or disseminate content or propaganda of a racist, xenophobic or pornographic nature, in defence of terrorism or which violate human rights.
– Not to enter or disseminate on the web data programs (virus and malicious software) likely to cause damage to the IT systems of the access provider, its providers or third party users of the Internet.
– Not to disseminate, transmit or make available to third parties any type of information, element or content which violates fundamental rights and the public freedoms recognised in the constitution and in international treaties.
– Not to disseminate, transmit or make available to third parties any type of information, element or content which constitutes unlawful or unfair advertising.
– Not to transmit unrequested or unauthorised advertising, advertising material, “spam”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
– Not to enter or disseminate any false, ambiguous or inaccurate information and content which might lead to an error on the part of those receiving the information.
– Not to supplant other users by using their passwords for the different services and/or content on the Websites.
– Not to disseminate, transmit or make available to third parties any type of information, element or content that supposes an infringement of the intellectual and industrial property rights, patents, trademarks or copyright corresponding to the owners of the Websites or third parties.
– Not to disseminate, transmit or make available to third parties any type of information, element or content that supposes an infringement of the secrecy of communications and the legislation on personal data.
CONSENT FOR THE INCLUSION OF PERSONAL DATA
In accordance with the provisions in the current regulations on data protection, the Regulation (EU) 2016/679 of 27 April 2016 (GDPR), you are informed that the personal data provided when you accept these Terms and Conditions will form part of a file for which ACCENT ADVANCED SYSTEMS, S.L.U. is responsible, and that they will be processed for the purpose described in this document and will be kept for as long as the contractual relationship which is the subject of the use of the APP lasts, with the sole purpose of facilitating the introduction of improvements in future versions of the APP. There may also be processing of the information on user installations and accesses, demographic data, user screens and interaction, and blocking and exceptions. You are also informed that you may withdraw your consent at any time and exercise your rights of access, rectification, erasure and portability of your data and the right to restrict and object to them being processed by writing to this e-mail address: firstname.lastname@example.org or to the following postal address: TERRA ALTA, 1-3 P.I.CAN CARNER, 08211 CASTELLAR DEL VALLES, BARCELONA. You may also lodge a complaint with the Supervisory Authority (agpd.es) if you consider that the processing does not comply with the current legislation. ACCENT ADVANCED SYSTEMS, S.L.U. reserves the right to carry out, at any time and with no requirement for prior notice, modifications and updates to the APP. It also reserves the right to modify these Terms and Conditions in order to adapt them to possible new legislation and changes in the APP itself, and also to those which might derive from the type codes existing on the subject or for strategic or corporate reasons.
To this effect, in accordance with this document and, in any event, by downloading the ACCENT ADVANCED SYSTEMS, S.L.U. app or entering any personal data on any electronic form or data collecting form provided on the ACCENT ADVANCED SYSTEMS, S.L.U. websites, either during the registration process or during the use of the website in the terms set out above, the User is hereby informed and provides his/her consent for the inclusion of the personal data he/she provides in the automated files owned by ACCENT ADVANCED SYSTEMS, S.L.U., duly registered with the General Register on Personal Data Protection, for the purpose of providing the service by virtue of which the app(s) has/have been downloaded and installed in the corresponding device(s), and for sending offers or promotional and advertising communications by any means, including electronic.
Finally, by accepting the terms contained in this Clause, the User undertakes to comply during the use of the App with his/her obligations contained in these terms and assume the scope of the ACCENT ADVANCED SYSTEMS, S.L.U. guarantees granted through said Clause or any which might be valid at any time.
ACCENT ADVANCED SYSTEMS, S.L.U. undertakes and guarantees to process the personal data in accordance with the provisions of the aforementioned applicable regulations and any others that might be in force at any time, and also undertakes to treat the personal data provided with the utmost confidentiality, and ensure that any company employees who have or might have access to said data do the same.
ACCENT ADVANCED SYSTEMS, S.L.U. also guarantees that we comply with the generally accepted security regulations to protect the information provided by the User, both during the transmission and receipt of this information and the storage thereof.
11.1 VERACITY OF THE DATA PROVIDED
The User declares that all the data he/she provides are true and correct, and undertakes to inform ACCENT ADVANCED SYSTEMS, S.L.U. of any changes that might be made thereto.
Furthermore, the User provides his/her data on an entirely voluntary basis, although the failure to provide certain data or replies to questions that might be asked in the registration processes or in the electronic forms presented to the User may make it impossible to access the services for which the personal data have been requested; ACCENT ADVANCED SYSTEMS, S.L.U. will, however, always inform the User when the data requested are compulsory and/or required for the operation of the service.
11.2 SENDING OF OFFERS AND/OR COMMUNICATIONS
In compliance with Law 34/2002 on Information Society and E-Commerce Services, ACCENT ADVANCED SYSTEMS, S.L.U. will only send offers or advertising and promotional communications electronically to an e-mail address or via any other equivalent means of electronic communication to those Users who have explicitly given their consent to receive this type of communications.
The User may refuse to receive this type of communications at any time, by notifying ACCENT ADVANCED SYSTEMS, S.L.U. in the form provided for above.
12.- TERMINATION OF THE USE OF THE APP
ACCENT ADVANCED SYSTEMS, S.L.U., may terminate the use of the App for the user at any time, by notifying him/her in advance. When said use terminates, all the rights and licences granted to the user will also be terminated, and he/she must stop using the App.
13.-TERM AND TERMINATION
The services and/or content in the ACCENT ADVANCED SYSTEMS, S.L.U. app are provided indefinitely. The above notwithstanding, ACCENT ADVANCED SYSTEMS, S.L.U. has the power to terminate, suspend or interrupt unilaterally, at any time and with no requirement for prior notice, the provision of the service in the app and/or any of the services, without prejudice to the provisions in this regard in the corresponding particular conditions.
14.-LAW AND JURISDICTION
The law that applies in case of dispute or conflict of interpretation of the terms that make up these Conditions of Use, and for any matter related to the services of this APP, will be Spanish Law.