Legal Notice

1. Identification data of the website owner

In compliance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Organic Law 3/2018 on the Protection of Personal Data and the guarantee of digital rights, users are informed that any personal data collected through this website and mobile application will be processed in accordance with applicable data protection legislation.

The data controller is SYNKROSS SOLUTIONS, S.L., with Tax ID (NIF) B75429076 and registered address at Paseo de la Castellana 194, Ground Floor, Door B, 28046 Madrid, Spain, the entity that owns the FLIPLY platform.

Personal data will be processed for the purpose of managing user registration and accounts, enabling access to and use of the peer-to-peer marketplace platform, facilitating the publication of ads and interaction between users, managing communications through the integrated messaging system, ensuring the security of the platform including fraud prevention and misuse detection, as well as analysing the use of services with the aim of improving the user experience and optimising the features offered.

All of this is carried out in the context of providing the FLIPLY digital service, consisting of a peer-to-peer (C2C) marketplace for the sale of second-hand products between users.

The legal basis for processing will be, as applicable in each case, the performance of the contractual or pre-contractual relationship between the user and FLIPLY, compliance with applicable legal obligations, the legitimate interest in ensuring the security, integrity and proper functioning of the platform, as well as the user's consent where required by applicable regulations.

Data subjects may exercise their rights of access, rectification, erasure, objection, restriction of processing and data portability by sending a request to the email address [email protected].

For any general enquiries regarding the operation of the platform or the services offered, the user may contact FLIPLY at [email protected].

Likewise, if the user considers that the processing of their personal data does not comply with applicable regulations, they may file a complaint with the Spanish Data Protection Agency through its website www.aepd.es.

2. Use of the Website and the Platform

Access to and use of the FLIPLY website and mobile application, owned by SYNKROSS SOLUTIONS, S.L., confers the status of User and implies full and unreserved acceptance of these conditions.

The User undertakes to use the Platform, its content and available services in accordance with applicable legislation, good faith, public order and these conditions. In this regard, the User is obliged to make appropriate use of the Platform and not to use it for unlawful, illegal or activities contrary to applicable regulations, or for the infringement of rights or interests of third parties.

Likewise, the User shall refrain from causing damage to the systems, infrastructure or applications of FLIPLY, its providers or third parties, as well as from introducing, storing or disseminating computer viruses, malware or any other element that could affect the normal operation of the Platform. It is also prohibited to attempt to access without authorisation other users' accounts, databases, servers or any systems related to the operation of the service, as well as to circumvent or attempt to circumvent the security measures implemented.

The User may not reproduce, copy, distribute, transform, make available to third parties or use for commercial purposes the content of the Platform without the express authorisation of the holder of the corresponding rights, except in legally permitted cases.

In particular, the User undertakes to use the Platform exclusively for its main purpose, consisting of the publication, viewing and contact between users for the sale of second-hand products in a peer-to-peer (C2C) environment, without FLIPLY acting as a party in such transactions.

The User shall be solely responsible for the content they publish, including ads, descriptions, images and messages, guaranteeing that such content is truthful, lawful and does not infringe the rights of third parties. FLIPLY does not pre-check content published by users, although it reserves the right to supervise, remove or block content that it considers contrary to applicable regulations or these conditions.

The User acknowledges that FLIPLY may carry out content moderation activities in accordance with applicable regulations, including the provisions of Regulation (EU) 2022/2065 on Digital Services (Digital Services Act), and may review, limit visibility, remove content or suspend accounts where there are indications of unlawful content or content contrary to these conditions. Users may also report the existence of unlawful or inappropriate content through the mechanisms provided on the Platform.

FLIPLY reserves the right to modify, update or delete the content of the Platform at any time and without prior notice, as well as to temporarily suspend access to it for technical, maintenance, security or service improvement reasons.

The Platform is offered as a technological intermediation service between users, and therefore FLIPLY shall not be liable for the use that users make of it, nor for the content published, nor for the transactions carried out between them, nor for any damages that may arise from such interactions.

3. Intellectual and Industrial Property

All intellectual and industrial property rights over the website, mobile application and the FLIPLY platform, including but not limited to its design, source code, structure, databases, texts, images, interfaces, features, trademarks, trade names, logos and other elements that comprise it, are owned by SYNKROSS SOLUTIONS, S.L. or, where applicable, by third parties who have authorised their use, and are protected by applicable national and international regulations.

Access to and use of the Platform by the User does not in any case imply the assignment, transfer or licence of such rights, except to the extent strictly necessary for the legitimate use of the Platform in accordance with these conditions.

The reproduction, distribution, transformation, public communication, making available or any other form of exploitation, in whole or in part, of the content and elements of the Platform is expressly prohibited without the prior, express and written authorisation of SYNKROSS SOLUTIONS, S.L. or the holder of the corresponding rights, except in legally permitted cases.

In relation to content generated or published by users, including but not limited to ads, descriptions, images, messages and ratings, the User declares and guarantees that they hold the necessary rights over such content or that they have the relevant authorisations for its publication on the Platform.

By publishing content on FLIPLY, the User grants SYNKROSS SOLUTIONS, S.L. a non-exclusive, free, worldwide licence for the duration of the legal protection of the corresponding rights, to use, reproduce, store, adapt, translate, publicly communicate and make available such content on the Platform and any channels associated with the operation and promotion of the service, including its processing through technological tools and automated systems, always to the extent necessary for the provision of the service.

FLIPLY reserves the right to remove or block content that infringes the intellectual or industrial property rights of third parties, as well as to suspend or cancel the accounts of users responsible for such infringements.

The User undertakes to respect the intellectual and industrial property rights of FLIPLY and third parties, holding SYNKROSS SOLUTIONS, S.L. harmless against any claim, damage or loss that may arise from the breach of such obligation.

4. Data Protection

The processing of users' personal data on the Platform will be carried out in accordance with Regulation (EU) 2016/679, Organic Law 3/2018 and other applicable data protection regulations, including, where applicable, the specific regulations of the territories in which the Platform operates.

FLIPLY provides its services in various territories, including countries belonging to the European Economic Area and European microstates that may not be part of it, and therefore the processing of personal data will be carried out ensuring at all times an adequate level of protection in accordance with European regulations.

Users' personal data will be processed for the purpose of managing access to and use of the Platform, enabling the creation and management of user accounts, facilitating the publication of ads and interaction between users, managing the internal messaging system, enabling approximate geolocation to validate the territory of use and show proximity between users, preventing fraud and ensuring the security of the Platform, as well as improving services through usage analysis and experience personalisation.

In the context of the Platform's operation, data such as identification information, contact data, user-generated content, usage data, approximate geolocation data, IP addresses and device technical data may be processed, as described in the Privacy Policy.

The legal basis for processing will be, as applicable, the performance of the contractual or pre-contractual relationship with the user, compliance with legal obligations, the legitimate interest in ensuring the security, integrity and proper functioning of the Platform, as well as the user's consent in cases where it is required.

The User accepts that certain data may be communicated to other users in the context of the marketplace's operation, such as their name, profile, approximate location or published content, to the extent necessary to enable interaction between the parties.

Likewise, FLIPLY may engage service providers that act as data processors, including technology, storage, communications, analytics or artificial intelligence service providers, some of which may be located outside the European Economic Area, including the United States.

In these cases, international data transfers will be carried out in full compliance with applicable regulations, adopting appropriate safeguards, which may include European Commission adequacy decisions, adherence to the Data Privacy Framework or the execution of standard contractual clauses, as well as the adoption of additional measures when necessary.

The User accepts that certain content generated on the Platform, such as product descriptions or messages, may be processed through artificial intelligence tools or automatic translation services provided by third parties, for the purpose of improving the user experience and facilitating communication between users of different languages.

FLIPLY will adopt the necessary technical and organisational measures to ensure a level of security appropriate to the risk, including, among others, encryption of communications, access controls, secure authentication and prevention of unauthorised access.

Personal data will be retained for the time necessary for the provision of the service and, where applicable, for the legally required periods for the fulfilment of legal obligations or the defence of possible liabilities.

The User may exercise at any time their rights of access, rectification, erasure, objection, restriction of processing and data portability by sending a request to [email protected].

Likewise, if they consider that the processing of their personal data does not comply with applicable regulations, they may file a complaint with the competent supervisory authority, in particular the Spanish Data Protection Agency, without prejudice to other authorities that may be competent depending on the user's country of residence.

For more information on the processing of personal data, the User may consult the Privacy Policy.

5. Liability and Warranties

FLIPLY acts as a mere technological intermediary that provides a digital contact space between users for the sale of second-hand products, without intervening at any time in the transactions carried out between them. Consequently, FLIPLY is not a party to any contracts that may be entered into between users, nor does it act as agent, commission agent, distributor or representative thereof.

The User acknowledges and accepts that the use of the Platform is carried out under their sole responsibility. In this regard, FLIPLY does not guarantee the continuous and uninterrupted availability of the service, nor the absence of errors, technical failures, interruptions or incidents that may affect access to or operation of the Platform.

FLIPLY does not guarantee the truthfulness, accuracy, completeness or currency of the content published by users, including but not limited to ads, descriptions, images, ratings or any other information available on the Platform. The User assumes that any decision they make based on such content is made at their own discretion and risk.

In particular, FLIPLY does not guarantee nor is it responsible for the quality, condition, legality, authenticity, safety or suitability of the products offered by users, nor for their compliance with their contractual obligations, including but not limited to the delivery of the product, payment of the price or the conformity of the goods with what was advertised.

Likewise, FLIPLY shall not be liable for any damages arising from the relationships, communications or transactions carried out between users, including without limitation economic losses, material damages, fraud, contractual breaches or disputes between the parties.

FLIPLY shall also not be liable for content generated by users or for infringements of intellectual property, industrial property, image rights or any other rights of third parties that may arise from such content. The User who publishes content on the Platform shall be solely liable to FLIPLY and to third parties.

In relation to features based on automated technologies or artificial intelligence systems, including automatic content translation or description enhancement, FLIPLY does not guarantee the accuracy, reliability or suitability of the results generated, which are merely indicative and may contain errors or inaccuracies.

FLIPLY shall not be liable for damages arising from the misuse of the Platform, the User's breach of these conditions, or any action taken by third parties who use the Platform unlawfully or fraudulently.

To the maximum extent permitted by applicable law, FLIPLY excludes any liability for indirect damages, loss of profits, loss of business opportunities, loss of data or any other damages that are not a direct consequence of a breach attributable to FLIPLY.

The User undertakes to hold SYNKROSS SOLUTIONS, S.L. harmless against any claim, sanction, damage, loss or cost, including legal fees, that may arise from the breach of these conditions or the misuse of the Platform.

Nothing in this clause shall limit or exclude FLIPLY's liability in those cases where such limitation or exclusion is not permitted by applicable regulations, in particular in matters of consumer protection.

6. Duration and modification

These conditions shall have an indefinite duration and shall remain in force for as long as the FLIPLY Platform is available to users.

SYNKROSS SOLUTIONS, S.L. reserves the right to modify these conditions at any time, as well as any other legal texts on the Platform, to adapt them to regulatory, technical or service operation changes.

In the event of significant modifications, users will be informed through the Platform or by other appropriate means. Continued access to or use of the Platform after the publication of changes shall imply acceptance thereof by the User.

7. Hyperlinks

The FLIPLY Platform may contain links to third-party websites, applications or resources, including links shared by users themselves in the course of their interactions within the marketplace.

SYNKROSS SOLUTIONS, S.L. does not control, supervise or assume any responsibility for the content, services, policies or practices of such websites or external resources, and therefore access to them is carried out under the sole responsibility of the User.

Likewise, the establishment of links to the Platform by third parties shall not imply the existence of any relationship between SYNKROSS SOLUTIONS, S.L. and the owner of the website on which the link is established, nor the approval or acceptance by FLIPLY of its content or services.

It is prohibited to establish links to the Platform that may mislead, confuse or deceive regarding its ownership, as well as those that are contrary to law, morality, public order or that may harm the image or reputation of FLIPLY.

8. Notifications

Communications between FLIPLY and the User shall generally be carried out through electronic means, including the email address provided by the User during the registration process, as well as through notifications within the Platform or push notifications on mobile devices.

The User expressly accepts the use of such electronic means as a valid communication channel and undertakes to keep their contact details up to date.

FLIPLY may send notifications related to the operation of the service, account management, Platform security, operational communications and, where applicable, commercial communications where there is a legal basis for doing so.

The User may configure their notification preferences through the options available on the Platform or on their device, without prejudice to those communications that are necessary for the provision of the service or compliance with legal obligations.

9. Applicable law and jurisdiction

These conditions shall be governed by and construed in accordance with Spanish law.

Without prejudice to the foregoing, where the User has consumer status, the mandatory rules of the country of their habitual residence shall also apply, in accordance with applicable European consumer protection regulations.

For the resolution of any dispute that may arise from access to or use of the Platform, the parties submit to the Courts and Tribunals of Madrid, except in those cases where applicable regulations establish a different mandatory jurisdiction.

Likewise, in accordance with European consumer regulations, the User is informed of the possibility of using the European Commission's Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr/.

10. Content moderation and regulatory compliance

FLIPLY, as an online intermediation service provider, adopts the necessary measures to comply with the provisions of Regulation (EU) 2022/2065 on a Single Market for Digital Services.

In this regard, FLIPLY implements mechanisms designed to detect, prevent and manage the presence of unlawful content or content contrary to these conditions within the Platform.

Users may report the existence of content they consider unlawful, inappropriate or contrary to applicable regulations through the reporting mechanisms provided on the Platform. FLIPLY will analyse such reports and may take appropriate measures, including the removal of content, the limitation of its visibility or the suspension of accounts.

FLIPLY may carry out content moderation actions both reactively, following receipt of notifications from users, and proactively through the use of automated tools, with the aim of ensuring a safe environment in compliance with regulations.

Moderation decisions may be based on criteria such as the legality of the content, compliance with these conditions or the protection of the rights of third parties.

Users affected by moderation decisions may contact FLIPLY through the channels provided on the Platform to request additional information or the review of such decisions.

FLIPLY may suspend or cancel accounts of users who repeatedly breach these conditions or who participate in unlawful or fraudulent activities.