Legal Info

Last updated: January , 2015

Ennomotive provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.ennomotive.com (the “Site”). This Privacy Policy applies only to information that you provide to us through the Site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes. As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates or within Spain or internationally.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, services, features and content (together, the “Service”)

Personally Identifiable Information

In the course of using the Service (whether as a Client or Solver), we may ask you to provide us with, or grant us access to, or permission to obtain, certain personally identifiable information that can be used to contact or identify you; personally identifiable information may include, but is not limited to your name, company name, email address, and phone number (“Personal Information”).

If you use the Service to make or receive payments, we will also collect certain Personal Information such as credit card information, bank account numbers, or other financial account information, and billing address.

We may collect additional Personal Information to validate your identity, such as your date of birth or taxpayer identification number. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third party databases or request a credit report.

You may register to join the Service directly via the Site or by logging into your account with certain third party social networking services (including, but not limited to, LinkedIn).

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

We also use your Personal Information to contact you with Ennomotive newsletters, marketing or promotional materials and other information that may be of interest to you.

If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.

Tournament Workspace

As part of the Service, we collect information to create Tournament Workspaces, which help facilitate communication between Clients and Solvers in connection with jobs (“Workspace”). Such Workspace may include information input by the Clients or Solvers such as a memo, as well as automatically gathered information, such as Ennomotive credentials, such as computer identification information, screenshot plus screenshot metadata (which may contain the Solver’s Personal Information), and number of keyboard and mouse events. Ennomotive may use general information from Workspace for statistical analysis, product development, marketing and research. Except as noted above, we do not treat information contained in Workspace as Personal Information, but we may use such information in association with Personal Information, and we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

We will share information contained in Workspace only with the Client and with other Solvers who share a Client’s Workspace. Solvers have the option to review and edit the information included in Workspace before it is locked for Evaluation.

Log Data

When you visit the Site, whether as a registered user or a non-registered user just browsing the Site (any of these, an “Ennomotive User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser software version or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Site’s functionality and user-friendliness, to better tailor it to our visitors’ needs, and to detect suspicious activity. We may also use third party services that will enable us to gather details of how you use our Site’s functionality. Such services may record mouse clicks, mouse movements, page scrolling and any text keyed into forms on our Site. The information collected by such services do not include banking details or credit card numbers. Clients and Solvers and all parties involved may have their own privacy policies addressing how they use such information. We do not treat Log Data as Personal Information, but we may use it in association with Personal Information, and we may aggregate, analyze and evaluate such Log Data for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Ennomotive. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

Solvers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement

Ennomotive cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Ennomotive or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers

Ennomotive may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Security

Ennomotive is very concerned with safeguarding your information. The security of your personal information is important to us. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside Spain and choose to provide information to us, Ennomotive transfers Personal Information to Spain and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Site may contain links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites.

Our Policy Toward Children

This Site is not directed to persons under 18.

Contacting Us

If you have any questions about this Privacy Policy, please contact our support team on the website.

CONDITIONS FOR PERSONAL DATA PROTECTION

DATA PROTECTION

According to the Personal Data Protection Organic Law 15/1999, of December 13, we inform you that your data will be incorporated to an automatic personal data protection file, which is responsibility of “ENNOMOTIVE, S.L.” and the purpose of which is to develop our mutual commercial and/or work relationship.

FORM FILLING

At the moment of accepting these general conditions, the user shall be asked by ENNOMOTIVE, S.L. to give essential data, indispensable for providing its services. Either not providing the asked personal data, or not accepting this data protection policy, implies the impossibility of subscribing, registering or asking information of the required service.

ACCURACY AND VERACITY OF THE FACILITATED DATA

Registered user is the only responsible person for the veracity and accuracy of the included data, guaranteeing and answering in any event, to the accuracy, validity and authenticity of the facilitated personal data, committing to maintain them properly updated and exonerating “ENNOMOTIVE, S.L.” of any responsibility in this regard.

“ENNOMOTIVE, S.L.” shall not be responsible for the veracity of any information which is not self elaborated or of which its source is indicated, and because of this, it shall not assume any responsibility for the hypothetical prejudices that may be originated by the use of said information.

Likewise, “ENNOMOTIVE, S.L.” reserves the right to update, modify or delete information in its web pages, even being able to restrict or not allowing access to said information.

EXERCISE OF RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OBJECTION

User and / or client shall exercise the rights of access, rectification, cancellation and objection by addressing a letter to “ENNOMOTIVE, S.L.”, Castrillo de Aza, 7, Esc Izq, Bajo B in Madrid, proving your personality by a copy of your National Identity Document or by any other means valid in Law.

SECURITY

“ENNOMOTIVE, S.L.” assures the absolute confidentiality and privacy of your gathered personal data and, for this reason, essential security measures have been adopted in order to avoid the alteration, loss, treatment or unauthorized access and guaranteeing that way its integrity and security, especially the ones foreseen in the Royal Decree 1720/2007, of December 21, which implements the Personal Data Protection Organic Law 15/1999, of December 13.
“ENNOMOTIVE, S.L.” shall not be responsible for the possible damages or harms which may come from interferences, omissions interruptions, computer viruses or any other problem motivated by external causes unconnected with this company, as well as for the damages which may be caused by third parties through illegitimate intromissions. The user and / or client must be aware that security measures in the Internet are not impregnable, though.

CESSION OF DATA TO THIRD PARTIES

“ENNOMOTIVE, S.L.” shall not relinquish any data to third parties, except for what is established in contracts between ENNOMOTIVE, S.L. and either solvers or clients, in the particular conditions of the challenge and in the privacy policy.

ACCEPTANCE AND CONSENT

The user of this web states having been informed of all the personal data protection conditions, accepting and consenting the treatment of said data by “ENNOMOTIVE, S.L.”, in the way and for the indicated purposes on this Personal Data Protection Policy. Certain services provided on the website may contain particular conditions with specific precautions in Personal Data Privacy.

Last updated: September, 2015

NOTICE

Please Read This Carefully! You and ENNOMOTIVE are agreeing to a Solver Agreement. It is required that you accept these terms and conditions.

If you click “I agree”, there shall be a valid and binding agreement between you and Ennomotive.

1.- ACTIVITIES

Ennomotive provides opportunities for solvers to participate in different types of crowdsourcing Tournaments.

2.- SOLVER POLICIES

You have obtained the consent of your employer and any company or organization for which you work or provide services in any way. It is your responsibility to determine whether you are permitted to join Ennomotive.

Ennomotive, in its sole discretion, shall determine your eligibility in order to be a solver in the Challenge.

At all times during your participation in the Tournament, you agree to act in good faith, in a professional and workmanlike manner, to the best of your ability, and in accordance with these Terms & Conditions and Spanish law.

You must decline to participate as a solver, if you are in any way unsure about your ability to comply with these Terms & Conditions.

You must also decline, or discontinue participation in any Tournament or platform activity that presents a conflict of interest or would result in a violation of applicable law, these terms & conditions, or your obligations to past or present employers or other third parties.

From time to time, Ennomotive shall inform you of additional rules that you are required to observe and specific topics that you are not permitted to discuss. You agree to observe these rules.

You shall not accept any compensation or payment other than that provided by Ennomotive for your work performed for the Tournament without first obtaining the express written consent of the Client and Ennomotive.

Ennomotive reserves the right of expel any Solver for the inappropriate use of the platform, forbidding such Solver to participate in future events.

Any comment not related with the challenge shall be considered as inappropriate, as well as any comment that may be damaging or offensive in any way to the Client, Ennomotive, Solvers or any other participant in the challenge. The publication of pornographic material, xenophobic, sexist or homophobic comments, as well as any apology for violence or terrorism, or any links directing to such material or content, shall also be considered inappropriate.

3.- SOLVER INFORMATION

You agree to provide Ennomotive, if requested, with accurate and complete biographical information, including your current job status and at least two years of employment history, and to promptly update that information as it changes. Ennomotive may verify information provided by, or about, you.

Ennomotive or its Clients may ask you or third parties for further information about yourself.

4.- ASSIGNMENT, ACCEPTANCE & SCOPE OF TOURNAMENTS

4.01.- Proposed Solutions

As a Solver you shall provide Ennomotive your Proposed Solution. You thereby agree to provide reasonable assistance and additional information concerning your Proposed Solution, if requested.

Your entire Proposed Solution is an original work by you and you have not included any third-party content, unless said party have granted you permission to use that content, in which case you shall provide Ennomotive any permit, license or document that proves you are entitled to use such content.

You state that you have not ceded the intellectual property of your Proposed Solution to any other person or Company.

4.02.- Acceptance of Proposed Solution

Ennomotive shall notify you whether your Proposed Solution has been selected by Client for an Award.

The Client has absolute and sole discretion to determine whether to accept your Proposed Solution, or any other, and whether to give an Award, multiple Awards or any Award.

5.- CONTENT CREATED FOR CLIENT(S)

You understand, recognize and accept that the Client has access to, may create or has created materials and ideas which may be similar or identical to the Proposed Solution in concept, theme, idea, format or other respects. You acknowledge and agree that the Client shall have the right to use such same or similar materials, and that you shall not be entitled to any compensation arising from the Client’s use of such materials. In the event that your entry is identical or similar to the Proposed Solution of another Solver, the Client reserves the right, at the sole discretion of the Client, to either score one Proposed Solution higher than the other subject to the Challenge Statement guidelines or to randomly choose a Proposed Solution from all of those submitted which respond to the Challenge guidelines.

By entering, you agree that: (i) all Proposed Solutions which get awarded become the Client’s property and shall not be returned; (ii) the Client have the unlimited right to alter and/or edit the Proposed Solution or any part or element thereof; and (iii) the Client and its licensees, successors and assigns have the right to use any and all Awarded Proposed Solutions.

6.- CONFIDENTIALITY OF ENNOMOTIVE AND CLIENT INFORMATION

During and after the course of your participation in the challenge or  Tournament, you SHALL NOT disclose confidential information, which includes:

  • Material, nonpublic information about any company;
  • Information that is proprietary to past or present employers, or companies for whom you have consulted;
  • Information that you have a duty or have agreed to keep confidential.
  • Proprietary information, including trade secrets, not owned solely by you.
  • All attached information to the challenge, only visible by whoever has accepted participating in it.

7.- PAYMENT TO SOLVERS

You must request payment for the award of the Tournament within 30 days upon Tournament acceptance unless otherwise agreed in writing by Ennomotive or as specified in the Tournament.

You agree that in the event of any such payment dispute, Ennomotive has the sole and final authority to resolve such dispute in Ennomotive’s reasonable discretion.

You further understand and agree that you have no right to payment for any unaccepted Proposed Solution by client.

You shall receive your payments by transfer from Ennomotive, S.L. For that matter, you agree to provide Ennomotive, S.L. with your payment details, including your IBAN or SWIFT bank account number and the complete name of its holder.

You agree that you are responsible for paying any applicable taxes in your jurisdiction on payments you receive from Ennomotive, S.L.

Ennomotive, S.L. shall deduct any taxes established by Spanish laws with complete compliance of the Conventions signed with every foreign country.

8.- LIMITATION ON LIABILITY

In no event shall Ennomotive be liable to you or any other party for any damages resulting from or relating to your participation as a Solver, including without limitation for any incidental, consequential, punitive or special damages.

Ennomotive agrees that for its part it shall not seek to impose any liability for damages based on his or her performance of services hereunder as a Solver, including without limitation for any incidental, consequential, punitive or special damages, so long as such damages do not relate to or arise out of the failure of these Terms & Conditions. You are solely responsible for your actions. Ennomotive shall have no obligation to defend you, provide you with legal counsel, or pay legal costs and expenses on your behalf.

If requested, you agree to contract a civil responsibility insurance, providing a copy to Ennomotive, S.L.

9.- WARRANTIES

All information provided by you regarding yourself and, if applicable, your Solver Information is true, accurate, current, and complete information and you shall maintain and update the Solver Information.

If you are an individual representing a company or other entity, you are authorized to enter into this Agreement on behalf of that business or entity. If requested, you shall provide Ennomotive with proof of such representation.

Unless otherwise disclosed in the Proposed Solution, you are the owner of the Proposed Solution and the Proposed Solution does not infringe or violate any patent, copyright, trade secret, trademark or other third-party intellectual property right.

All people engaged by you to work on the Proposed Solution or who appear in the Proposed Solution in any manner have:

  1. given you their express written consent to submit the Proposed Solution for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity;
  2. provided written permission to include their name, image or pictures in or with your Proposed Solution (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by Client to provide permission in writing;
  3. no claims for payment of any kind, including, without limitation, for royalties or residuals, have no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Proposed Solution.

10.- DATA POLICY

You agree that Ennomotive may collect and retain information about you, and contact you by email, telephone, or otherwise, to process and administer details of your participation.

You agree that Ennomotive may disclose your information to Clients and non-Client third parties for the purpose of promoting Ennomotive’s business.

Both the solver and Ennomotive are responsible for the security of their own files and, as such, they shall fulfill and apply all security measures contemplated in the Personal Data Protection Organic Law 15/1999, of December 13, and in the Royal Decree 1720/2007, of December 21, which implements the aforementioned Spanish Law.

Both Ennomotive and the people appointed or signed by such Company for carrying out their functions and providing their services, (Solvers or workers), shall all treat confidentially both the personal data they require for providing services and all the information and technical documentation they may need for completing the challenge. Additionally, they all agree not to relinquish and / or transfer them to any other natural or legal people, not even for its preservation.

Your information may be transferred to computers located outside of your country.

11.- ARBITRATION

Any dispute, controversy or claim from or relates to these Terms & Conditions, shall be exclusively and finally determined by a single-arbiter arbitration under the rules of the European Arbitration Association (Asociación Europea de Arbitraje).

The language to be used in the arbitral proceeding will be Spanish, and it shall be located in Madrid-Spain.

12.- GOVERNING LAW

These Terms & Conditions, as well as any claims arising from or related thereto, whether in tort, contract or otherwise, are governed by Spanish Law.

13.- TERMINATION

Subject to your obligation to complete Tournaments for which you are engaged, you have the right to withdraw from the Ennomotive web platform at any time upon notice to Ennomotive, and Ennomotive has the unlimited right to terminate or limit your membership in the Ennomotive web platform at any time and for any reason.

14.- CONTACT BETWEEN THE CLIENT AND SOLVERS

There shall be no contact whatsoever, by any means of communication, between the Client and Solvers without the complete knowledge, authorization and presence of Ennomotive, S.L., who reserves the right to take any legal action necessary in the event of such contact.

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