Terms & Conditions
The following information is provided pursuant to the duty of information stipulated in Article 10 of Act 34/2002 of 11 July of the E-Commerce and Information Society Services. The following data is shown below:
The website www.SocialReacher.com is owned by the trading company Internet República S.L., with registered offices in Madrid at calle Alcalá, 21 – 8th floor, left. The company was incorporated for an indefinite period by means of a public deed drawn up before the notary public of Madrid Mr. Santiago Mora Velarde on 11 November 2011, and is entered in the Mercantile Register of Madrid at Volume 29435, Folio 178, Section 8, Sheet m-529834, Entry 1; the tax ID number of the company is B86340262.
These Terms and Conditions of the Advertising Program of SocialReacher (the “Terms”) regulate the relationship between the legal entity or individual that electronically accepts these Terms or any other document that makes reference to the Terms (hereinafter, the “Contracting Party”) and Internet República S.L. (hereinafter referred to as “SocialReacher”). The Contracting Party expressly agrees to be bound by these Terms and by all such documents as may be accessory and/or related to same, and by any modifications made hereto. Should the Contracting Party be a legal entity, the individual who signs the Terms on behalf of the Contracting Party declares him/herself to be an authorized legal representative of the Contracting Party duly empowered to bind his/her represented party. SocialReacher and the Contracting Party hereby agree and acknowledge the following terms:
2. GENERAL TERMS AND CONDITIONS OF USE
SocialReacher is a communication tool that puts Users with accounts on a social network, including but not limited to Twitter, Instagram, Facebook, YouTube, Blogs and LinkedIn in touch or any other network which permits sharing of content, called influencers, with brands and companies (hereinafter referred to as advertisers), to develop corporate communication campaigns.
Access to SocialReacher.com is free of charge, not counting any cost entailed by the connection via the communications network supplied by the corresponding access service provider, which connection must be contracted by the User on his/her own account and at his/her own risk.
All those who use SocialReacher.com acquire the status of Users, which entails acceptance of all the points included in these Terms and Conditions. Users are advised to read these Terms and Conditions carefully each time they access SocialReacher.com, as the website and these Terms and Conditions may undergo modifications.
SocialReacher reserves for itself the right to modify or update the contents and services offered by SocialReacher.com, the Terms and Conditions and, in general, of any part of the design and configuration of SocialReacher.com at any time, without prior notification, and in general any elements which make up the design and configuration of SocialReacher.com.
2.2 Registration Requirement
In general, Users will be required to register in order to access the services and contents provided by SocialReacher.com.
All data provided by Users must be accurate, truthful, and up-to-date. Each registered User is responsible for safeguarding his/her password at all times, and is liable for any harm that may arise from improper use thereof, or from the disclosure, transfer or loss thereof. For these purposes, access to restricted areas and/or use of services and contents made via the password of a registered User will be considered to have been made by that registered User, who will in any event be responsible for such access and use.
2.3 Advertisers and Advertising Agencies
Advertisers may contract, either directly or via an advertising agency, communication services provided by SocialReacher, in order to carry out those activities which are characteristic of the Internet.
2.4 Influencers and account managers
Influencers will register on SocialReacher.com with their social media accounts on Linked In, Twitter, Instagram, Yourtube, Blogs or Facebook ( or any other social network which permits sharing of content) either directly or via an Account Manager that legally represents them. Influencers are free to define their own profiles and the types of advertisers or brands for which they wish to engage in communication by selecting the relevant categories.
Influencers will not receive any income from SocialReacher for carrying out these activities.
SocialReacher has a system of accounts for Advertisers which is based on plans, and as a function of the plan selected by the advertiser, the cost of service for using SocialReacher will have a monthly or annual cost.
The Advertiser will be aware at all times of the price of the plan selected.
2.6 Payment Method
SocialReacher will issue monthly or annual invoices (according to the plan selected by the Advertiser) which will be available to the Advertisers in order to declare the payments made on the platform.
Taxes and fees will be payable as provided for in the current legislation, and Advertisers or whosoever may be duly authorized to manage their accounts on their behalf , will be responsible for fulfilling all relevant labour-related, civil, mercantile, fiscal, and social security payment obligations regarding their own personnel assigned to their activities.
2.7 Duties of Advertisers and Influencers
Influencers (or whosoever may be duly authorized to manage their accounts on their behalf) may decline to include advertising from an advertiser in particular, a service or a product proposed by the Entity, without thereby incurring in any breach of this agreement.
Similarly, the wording of content mentions will be proposed by the advertisers, and influencers, or whosoever may be duly authorized to manage their accounts on their behalf, must give their express consent or indicate their refusal prior to the publication on their Twitter or other social network accounts.
Advertisers and influencers, or whosoever may be duly authorized to manage their accounts on their behalf, will hold sole liability for the content of the texts published, and they undertake that those texts will not include content that infringes the rights of third parties or is in breach of the law, public order or morality, and that the advertising campaigns comply with the regulations governing advertising, information society services and e-commerce, consumers and users, competition rights, and any other applicable regulation. In no case may SocialReacher be held liable for this.
2.8 Rules for the Use of SocialReacher.com
Users undertake to use SocialReacher.com and all the contents and services thereon in accordance with the provisions of law, public order, morality and the rules laid down in these Terms and Conditions. They also undertake to make proper use of the services and/or contents of SocialReacher.com and not to employ the same for the purposes of unlawful or criminal activities, activities that infringe the rights of third parties, and/or activities in breach of the regulations governing intellectual and industrial property, or of any other applicable regulations or provisions of law.
Users undertake not to transmit, introduce, disseminate or make available to third parties any material or information (data, contents, messages, illustrations, audio or video files, photographs, software, etc.) that may be against the law, against public order and morality or against these Terms and Conditions.
Users undertake to hold SocialReacher harmless in any claims, fines, penalties or sanctions that may be imposed on them as a result of them failing to comply with any of the aforesaid rules and regulations on use by the Advertiser. Moreover, SocialReacher reserves for itself the right to claim compensation for damages as relevant.
2.9 No Liability
SocialReacher assumes no liability in regard to the updating of SocialReacher.com to keep information up-to-date, and does not guarantee the accuracy or completeness of the information published. Therefore, Users should confirm that the information published is accurate and complete before making any decision concerning any service or content described in SocialReacher.com.
The fact that Users access SocialReacher.com does not entail any obligation on the part of SocialReacher to ensure the absence of computer viruses, worms or any other harmful software element. Responsibility for having suitable tools to detect and disinfect harmful computer programs lies, in any event, on the User.
SocialReacher assumes no liability for any damage to software or hardware owned by Users or third parties during the use of the services offered on SocialReacher.com.
SocialReacher assumes no liability for any damage whatsoever caused to Users as a result of failures or connection breakdowns in the communication networks that result in the suspension, cancellation or interruption of the services on SocialReacher.com during or prior to the provision of services thereon.
2.10 Contents and Services linked via the Website
The SocialReacher.com access service includes technical features such as links, directories, and search facilities that enable Users to access other websites and Internet portals (hereinafter called “Linked Sites”). In no case should the existence of Linked Sites be taken as assuming any formalization of agreements with the owners or holders of those sites, nor any recommendation or promotion thereof or any identification of SocialReacher with statements, contents or the services available thereon. Such third-party services and/or features are neither owned by nor under the control of SocialReacher.
SocialReacher has no knowledge of the contents and services of Linked Sites and therefore accepts no liability for any damage caused by the illegality, poor quality, obsolescence, unavailability, errors or a lack of usefulness of the content of such sites, and/or services of the Linked Sites nor indeed any other damage not directly attributable to SocialReacher.
Therefore, the user is the only party responsible for the illegitimate use or carrying out of such services, the content and links included on SocialReacher.com.
2.11 Intellectual and Industrial Property
All the content on SocialReacher.com, including but not limited to those which are announcements, texts, photographs, graphics, images, icons, technology, software, links, and other audio-visual or audio content, along with the graphic design and source codes thereof, are part of the intellectual property of SocialReacher or third parties, and no rights of exploitation in regard thereto as recognized under the current regulations governing intellectual property may be understood as being transferred to Users.
The brands, trade names, and distinctive signs that appear on the SocialReacher.com website are owned by SocialReacher or by third parties, and access to SocialReacher.com may not be considered as granting any right in regard thereto. SocialReacher is not liable for any unlawful use by third parties of any brands, trade names, product names, and distinctive signs not owned by SocialReacher that may appear on SocialReacher.com.
2.12 Nullity and ineffectiveness of the clauses
Should any of the clauses included in these Terms and Conditions be declared fully or partially null or ineffective, that nullity or ineffectiveness shall extend solely to the provision concerned or to the part thereof that is null or ineffective. All the remaining Terms and Conditions shall remain in force, with the provision in question being considered as fully or partially deleted.
2.13 Applicable Legislation and Jurisdiction
These Terms and Conditions shall be governed and construed according to Madrid legislation. SocialReacher and the User agree to submit any dispute that may arise concerning the provision of the services covered by these Terms and Conditions to the courts of the state of Madrid (Spain).
2.14 Grounds for Deleting Accounts
SocialReacher reserves itself the right to delete from the platform any account that promotes content which is illegal, sexual, racist or may in any way affect a specific sector of the population, and any accounts that attempt to misuse the platform.
2.15 Misuse of the Platform
“Misuse of the platform” means any action taken in an attempt to obtain greater profit, such as requesting clicks of sponsored links, the use of bots, any alteration of the original message published on the platform, clicks on one’s own account, pasting links on sites other than Snapchat, Twitter, Instagram, Facebook, YouTube, Blogs or Facebook or any other similar network or any other action that the administrators of the platform may consider as misuse on the part of the User. SocialReacher also reserves to itself the right to delete from the platform any account, without prior notice, in the event that the user misuses the Platform.
3.1 Incorporation of Personal Data into the Files of SocialReacher
Providing all of the data requested by SocialReacher.com is necessary in order to provide an optimum level of services available to the User. If this data is not provided, SocialReacher cannot guarantee that the information and services to be rendered can be achieved, that they will be correctly carried out, or that they will meet the needs of the User.
3.2 Obligations of the User
The User binds him/herself to the truthfulness, exactitude and current status of the data provided and is responsible to communicate to SocialReacher any changes to same.
3.3 Consent of the User
By the act of registering or use this Website, the User expressly consent to the automated treatment of their personal data by SocialReacher.
The Cookies used by SocialReacher pertain only to the anonymous user and his/her computer, and therefore they do not provide any personal data about the User.
The User can configure their browser so that they are alerted to the receipt of Cookies and can prevent installation on their equipment. Please consult the instructions and browser manuals in order to obtain more information. In order to use SocialReacher.com it is not necessary for the User to permit the installation of Cookies sent by SocialReacher.com or the third party who acts in the name of SocialReacher. However, the User will not be penalized because of having to initiate each session as a new one, requiring prior registration before beginning the session.
SocialReacher reserves the right to modify this private policy due to any legal adaptation to future new legislation or jurisprudence, as well as industry practices.
3.6 Special Assumptions
Contracting services for online payments. Some of our payment services are collected online via Paypal or similar companies. Details on these companies can be seen on their official websites. SocialReacher does not have access, in the case of collection via Paypal or other similar companies to the financial data of the users. This data is collected exclusively by said companies.
3.7 Authorization for publication of your name in our list of clients
The Contracting Parties of any service offered by Social Reacher authorize this company topublish their name on our list of clients, as well as to briefly describe the results achieved.
4. PAYMENT POLICY
The influencers using SocialReacher will not receive any payment from this platform and in addition, are aware that by accepting these terms and condition of participation in Social Reacher that they will not receive any payment from SocialReacher for realizing content posts on their social networks.
5. SOCIALREACHER ADVERTISING RULES
5.1 Content Philosophy
At SocialReacher we believe that sponsored mentions should contribute to and should be consistent with the general experience of Users. The best sponsored mentions are those that are tailored to persons in line with the way they, their friends, and their followers interact with the brands, performers, and firms that interest them. These guidelines are not intended to serve as legal advice, and adherence to them does not necessarily assure compliance with the law. Advertisers are responsible for ensuring that their sponsored mentions comply with all applicable laws, statutes and regulations concerned with advertising actions.
5.2 General Provisions
· a) Our content regulations consist of criteria for community standards, and other applicable requirements.
· c) Mentions must comply with all policies of SocialReacher at all times.
· d) Mentions must not contain statements which are false, misleading or fraudulent in their content.
5.3 Creativity and Positioning
All the components of a mention, including any text, images or other media, must be relevant to and appropriate for the product or service offered and the audience at which the advertisement is targeted. Mentions may not contain flash animation or audio that plays automatically without the intervention of the User. Sponsored mentions must not seek to position products or services in a sexually suggestive fashion. Mentions must not position producs or service in a way that is sexually suggestive. The ontent must not include contents that exploit "hot button topics" or political agendas for commercial purposes. Moreover, the wording of advertisements must include correct grammar, and the use of all symbols, numbers and letters must be in accordance with their true meanings.
Mentions must clearly represent the firm, product, service or brand that is being advertised. The products and services promoted in the text of the mention must be clearly indicated on the landing page, and the destination site shall not offer prohibited products or services. Moreover, promoted mentions may not falsely relate to generic offers.
5.5 Destination Sites
Content must lead to a working site that does not interfere with the ability of users to navigate away from the site.
Mentions must always apply appropriate targeting and must never use targeting criteria to provoke users. Advertisements for regulated goods and services (e.g. alcohol and gambling) must comply with all relevant legislation, regulations, and industry codes.
5.7 Published Content
Advertisers must ensure that their mentions comply with all relevant legislation, regulations, and guidelines. All claims made in advertisements must be duly substantiated. Sponsored mentions must not be offensive to users. Sponsored mentions must not be false or misleading and must not contain spam. Sponsored mentions must not contain or promote products or services that are illegal. Sponsored mentions must not infringe third party rights. The following specific guidelines on content apply:
a) Products for adults
The mentions may not promote the sale or use of products or services for adults, including but not limited to toys, videos, publications, live entertainment shows, and sexual enhancement products. Advertisements for family planning and contraceptive methods are permitted provided that the proper targeting requirements are met.
Mentions that promote or make reference to alcohol are not permitted in the following countries: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, the Netherlands, Pakistan, Russia, Saudi Arabia, the United Arab Emirates, and Yemen, or in any other jurisdiction where such advertisements are prohibited by law. When permitted, sponsored mentions that promote alcohol must comply with all local laws, requirements, and industry-recommended codes, guidelines, licenses, approvals, and permits. If a User’s age or country cannot be determined, the advertisement must not be displayed to that User.
Mentions referring to adult friend-finding or dating sites with a sexual emphasis are not permitted.
d) Drugs and tobacco
The content may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products or paraphernalia for drug and tobacco use.
e) Betting and lotteries
Mentions that promote or facilitate online gambling, games of skill or lotteries, including online casinos, sports betting, bingo and poker are permitted only in specific countries and with the prior authorization of SocialReacher. Lotteries run by government bodies may advertise on SocialReacher, provided that the mentions are in compliance with the legislation applicable in the jurisdiction where the advertisements are posted, and provided that they are targeted only at users in the jurisdiction where those lotteries are available. Sponsored mentions that promote offline gambling establishments such as offline casinos in accordance with applicable laws and regulations are permitted in general, provided that the advertisements are targeted appropriately.
f) Pharmaceuticals and diet supplements
The content must not promote the sale of prescription pharmaceuticals. Advertisements from online pharmacies are prohibited unless SocialReacher reviews and approves them in advance. Mentions that promote herbal-based dietary supplements are in general permitted; however, those which promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterone, ephedra, human growth hormones, melatonin, and any other products considered unsafe are prohibited.
Mentions may not contain or link directly or indirectly to websites that contain spyware/malware or downloads of any software that gives rise to unexpected, misleading or unfair experiences for Users, including but not limited to software that:
o i. “infiltrates” the system of the user;
o ii. carries out actions hidden from the user;
o iii. may alter, damage, disable or change hardware or software installed on the computer of a user without the express permission of that user;
o iv. is bundled as a hidden component in other free or paid software;
o v. automatically downloads programs without the express prior authorization of SocialReacher;
o vi. displays download dialog boxes with no action on the part of the user;
o vii. may breach or infringe the intellectual property rights of a third party, including copyright, registered trademarks, patents, and other proprietary rights.
5.8 Subscription Services
Mentions that promote subscriber services or products and services that include negative options, automatic renewal, mobile marketing, and billing conversion products are subject to the following requirements:
· i. The wording of the mention must disclose and clearly emphasize the recurrent billing component (e.g. "subscription required").
· ii. The landing page must:
o a. show the price and invoicing interval on the page where users are prompted to enter personal identification details;
o b. include an opt-in checkbox; and
o c. include wording informing about how to cancel subscription or membership.
· iii. Each of the above must be located on a prominent place on the landing page, and it must be easy to find, read, and understand.
5.9 Unacceptable Business Model
Mentions may not promote a business model or practice that SocialReacher considers unacceptable or contrary to the overall advertising philosophy of SocialReacher or to any applicable law, including but not limited to multilevel marketing plans.
5.10 Weapons and Explosives
Mentions may not promote the sale or use of weapons, ammunition or explosives.
5.11 Community Standards
Mentions that receive a large amount of negative feedback from users or are deemed to be in breach of our community standards are prohibited and may be deleted. In all cases, SocialReacher reserves for itself the right to determine at its own discretion whether any specific content is in breach of community standards.
5.12 Illegal Activities
Content may not constitute, facilitate or promote any illegal activity.
The content may not insult, attack, harass, intimidate, threaten, demean or impersonate others.
5.14 Hate Speech
Mentions may not contain "hate speech" directed at any individual or group, based on membership of any group in particular, including but not limited to race, sex, creed, national origin, religion, marital status, sexual orientation, gender identity, or language.
Mentions targeted at minors may not promote products or services that may not be legally used by minors in their jurisdiction, or that are considered unsafe or inappropriate.
5.16 Sex / Nudity
Mentions may not refer to adult content, including nudity, depictions of persons in explicit or suggestive positions or activities that are excessively suggestive or sexually provocative.
5.17 Shock Value
Mentions may not allude to excessive violence.
5.18 Rights of Others
Mentions may not include content that infringes or breaches the rights of any third party, including copyright, trademark, privacy, advertising, and other personal or proprietary rights.
5.19 Advertising Standards and Criteria of SocialReacher
SocialReacher reserves for itself the right to reject, approve or remove any mention for any reason, at its own sole discretion, including advertisements that negatively affect our relationship with our users or that promote content, services or activities that are contrary to our competitive position, best interests or the advertising philosophy of the company. These guidelines are subject to change at any time.
6. BUSINESS RELATIONSHIP AND TAXATION OF REVENUES RECEIVED
6.1 Sales Commission Agreement
THE USER who participates in SocialReacher, sharing an advertisers content, will not receive any economic compensation nor any other type of of compensation from Internet Republica S.L.
· No employment relationship of any kind may be construed to exist at any time between Internet República S.L. and Users, so Internet República S.L. is in no way liable for any fiscal obligation of Users arising from any revenues received from the posting of sponsored mentions.
7. PRIVACY NOTICE
As provided for in the Website, in order for the USER to utilize the services they must provide beforehand certain data of a personal nature via a brief form (hereafter known as “Personal Data”). This data shall consist of, at a minimum, the email, user name and a password. SocialReacher will use this Personal Data to provide the services requested by the USER. It is not permitted to provide information which is false, a duplication or which belongs to third parties.
Once the form has been completed and sent, it is understood that the USER accepts and expressly authorizes their Personal Data to be sued by SocialReacher according to Clauses 2 and 3. The USER is informed and expressly agrees that the personal data provided shall be incorporated into a computerized data file at Internet Republica, called "SOCIALPUBLI COM USUARIOS CLIENTES", registered with the Spanish Data Protection Agency (Agencia Espanola de Proteccion de Datos) , and shall be used exclusively for providing personalized web services to the users, as well as their participation in contests and activities related to the Website. If this is agreed to by means of check the corresponding box, it shall be understood that the User is interested in receiving commercial or advertising information, including electronically, for products as well as services of SocialReacher or third parties, which may be of interest to the users, from the music, television, movie, radio, communication, training and education, hotel, finance, distribution, sports, travel, insurance, NGO, editorial, motor, employment, real estate, meteorology, energy, textile, health, leisure, administration, electronics and telecommunications industries.
The USER’s personal information shall be utilized for the following purposes: to provide services and products that have been requested; to notify the User about new producs or services which are related to those already contracted for or acquired; to communication changes; to develop studies and programs which are necessary in order to detreine consumer habits; to carry out periodic evaltuions of our products and services in order to imporive their quality; to evaluate the quality of the services we offer, and in general to comply with the obliations that we have contacted with you.
For these aforementioned purposes, we need to obtain the following personal data:
· Full name
· Marital status
· E mail
· Facebook, Twitter and/or LinkedIn ID
· ID appropriate for each country
It is important to inform you that you have the right to Access, Rectification, and Cancellation of your personal data, to Oppose the treatment of same or to revoke your consent which you have given us for these purposes.
In order to do this, it is necessary to send a request to exercise these rights of access, rectification, opposition and cancellation, which can be done in writing, addressed to Internet Repbulica S.L., calle Alcala 21, 8 iz, 28014, Madrid.
Date of latest update: June 3, 2016
Ith the will be incorporated to a file under the name “SOCIALREACHER.COM. This information belongs to ‘Internet República S.L.’, with registered offices in Madrid at calle Alcalá, 21 – 8th floor to the left, PO Box 28014 (Madrid, Spain), tax ID number B86340262. The data is registered with the Spanish Data Protection Agency.
This data is collected to provide advertising services on social networks as well as for the management of payments; to notify you of new services and products related to those already contracted or acquired; to report changes therein; to draw up studies and programs required to determine consumer habits; to carry out regular assessments of our products and services with the aim of improving their quality; to assess the standard of service that we provide and, in general, to meet our contractual obligations to you.
The User is obliged to provide accurate and truthful data, and he/she will keep them up-to-date. Among the information gathered, the User provides its name, surname(s), ID card, e-mail, age, gender, civil status, Facebook, Twitter, LinkedIn and other social networks’ ID, as well as accurate economic and financial information, including invoice data, bank account or credit card numbers, personal features, etc.
Likewise, SocialReacher may use the names of the contracting parties of any service offered thereof, and to briefly describe the results obtained by them.
If the user ticks the corresponding box, it will be understood that the User is interested in receiving commercial information or ads, by electronic means included, of both products and services provided by SocialReacher.
You may exercise your right to access, rectification, cancellation and opposition, by writing to “Internet República S.L., Alcalá, 21 - 8º izda. 28014 Madrid, Spain.”