1. About this contract
These Terms and Conditions regulate the navigation and correct use of services of the site www.smartfense.com (hereinafter, the “website”) by any person who accesses as a user (hereinafter, User). Therefore, this is a Contract between the User and DEFENSE BALANCE S.L., CIF B24708562, located at Calle Santos Ovejero 1, León, Castilla y León, Spain. (hereinafter, the Company), a company specialized in human capital training and awareness, satisfying the needs of HR, IT, and Information Security, and making people the fundamental axis of the information security strategy.
2. Acceptance and interpretation of the Contract
These Terms and Conditions are mandatory and binding for the User and constitute a contract between the User and the Company. However, it cannot be interpreted as a license, partnership, mandate, agency, or any other type of contract. Therefore, acceptance implies that the User has read and understood them. If the User does not agree with these provisions, they must refrain from accessing the website and/or using any of its services.
3. Offered services
The Company’s website is an Information Security training and awareness platform that develops safe habits in end users. They are comprehensive solutions for companies in:
- Online training (Interactive Modules). They are training interactive modules with professional aesthetic quality and are pedagogically prepared to achieve changes in users’ permanent habits.
- Awareness (Newsletters). Through a delivery schedule of Newsletters, the staff will be attentive and aware of the risks to which they are exposed. Newsletters are emails designed with updated topics to raise awareness pleasantly and persuasively.
- Attack simulation. This tool integrated into the platform allows you to create simulated phishing and ransomware campaigns and to discover which risks contribute to evaluating their hypotheses about users’ security habits. It allows you to demonstrate the current status and progress of users regarding the assimilation of security knowledge.
- Exams and surveys. Through exams and surveys, you can complement the knowledge baseline established with attack simulation while knowing the users’ progress.
- Training from outside the platform. Our platform allows you to register other training or awareness actions performed in person or by other means so that you can have integrated control and correlate causes and consequences.
4. General obligations
Users are obliged to use the website responsibly. In particular, and without the list below implying excluding other acts, the User agrees to:
- use the website in a diligent, correct, and licit way;
- respect the website topic and dynamic, making correct use of services and contents;
- refrain from assuming an identical or false identity of another person or company;
- use respectful language, free from grievances towards other users and/or third parties;
- refrain from copying, modifying, altering, and/or manipulating the software and/or using reverse engineering;
- respect all rights that arise from the ownership of the website and its contents, under the provisions in the Terms and Conditions;
- refrain from uploading any content to the website in a manner or for purposes contrary to the law, moral, good habits, and/or public order;
- refrain from performing improper actions on the website or uploading malware, viruses, or harmful or dangerous content, or actions that cause a disproportionate load on the website infrastructure or excessive traffic demands that in any way impair its content or infrastructure, the content of other users, etc.
It is expressly stated that:
- The Company does not grant any type of warranty, express or implied, or of any nature regarding the use of the website and/or services.
- The Company is released from all liability for damages of any type that may be due to the lack of utility that the User may have attributed to the hired service.
- The Company cannot guarantee or control the legal capacity of Users to hire.
- The Company is not responsible for the decisions taken from information provided on the website, or for any damages that may occur because of decisions based on the information or data provided on the website.
- The Company is not obligated to take measures or actions in response to any complaint or notice regarding the non-compliance of these Terms and Conditions by any User. The User understands and agrees that any lack of action by the Company's responsible parties regarding a breach or violation of any provision of the Terms and Conditions does not imply conformity with such behavior.
6. Privacy and personal information
The protection of Users’ personal data and compliance with the applicable legislation in this area is fundamental for the Company, which uses all technical, security, and legal means to protect Users’ personal information.
7. Intellectual property
The website and all its contents, including page layout, domains, social network, official channels and profiles, brands, trade names, texts, graphs, templates, logos, images, icons, software, source code, products and services, are protected by applicable legislation on the industrial and intellectual property being directly or indirectly owned by the Company or the licensees authorized by express transfer of the holders. For this reason, they cannot be an object of exploitation, copy, distribution, modification, transformation, transfer, or public communication, unless prior and express authorization of the Company.
It is warned that the unauthorized use or the use for illicit or immoral purposes of the aforementioned material is a violation of the law and the Company reserves the right to exercise legal actions that by right correspond against those who have infringed or violated the rights protected by this point.
If the User considers that the website in any way threatens the intellectual property rights of third parties, they must notify it immediately by mail to firstname.lastname@example.org, attaching the necessary information and documentation that support said consideration. If the Company verifies said situation, the information will be submitted for analysis for their eventual removal.
Users acknowledge the right of the Company to use freely the contents that Users have entered into the website or sent by email for advertising, promotional, email marketing, and/or statistical purposes.
8. Links from third parties
The website may eventually have third-party links. When the User accesses them and enters other sites that do not belong to the Company, they will be subject to the terms and conditions of such sites and the User must read them carefully.
The Company does not exercise any type of control over these sites or their contents and, therefore, it does not assume any responsibility or guarantee legality, quality or utility of contents, operations and information communicated, reproduced, and/or performed in linked sites of third parties or the absence of harmfulness of such contents, for which the User exempts the Company from all liability for the contents included in the referred sites or services that they provide or promote.
9. Security measures
The Company implements, either directly or through third parties, security measures for the website to protect its own information and that of its Users. However, the Company does not guarantee conclusively that the website is free from errors or any computer malware that could potentially destroy, damage, or alter the normal functioning of any device or system. Therefore, it is the sole responsibility and obligation of the User to have the appropriate computer tools to detect, eliminate, and disinfect malware in order to prevent any such elements.
Thus, the Company is not responsible for any damages that may occur to the User's or third party's computer devices or systems as a result of browsing or using the website, nor is it obligated to bear the losses, costs, or expenses that may arise from these events.
10. Amendment of Contract
These Terms and Conditions can be modified or replaced at any time at the sole discretion of the Company, and the modifications will become effective from their publication on the website. The use that the User makes after this publication will constitute the acceptance of it.
11. Applicable jurisdiction and law
These Terms and Conditions are governed without exception and in all their points by the laws of Spain, and they shall be interpreted according to them.
If there is any difference, disagreement, or conflict caused by the interpretation, validity, scope, and/or application of these Terms and Conditions, the User will communicate with the people responsible in the Company reliably, making their claim arrive, so that the parties may try to reach an agreement within thirty consecutive days from the notification of the controversy. In case of not reaching a friendly solution, within the period mentioned, the parties will submit to ordinary Courts of the city of León, Castilla y León, Spain, with competence in the matter.
Last modification: March 1st, 2022