Terms of use

Learn here about the conditions that apply when using Klaro and its website

Last updated at: 03.06.2023

The website located at https://klaro.cards (hereafter referred to as “Website”) and the Klaro application (hereafter referred to as “Application”) are the initiatives of:

Klaro App SRL (hereafter referred to as “Klaro App SRL” and “We”)
Chaussée De Chastre, 985140 Sombreffe, Belgium
VAT BE0698.790.176
info@klaro.cards
+32477245861

General provisions and definitions

The terms employed in these Terms of Use include the following:

Use of the Application presupposes observation of, and the rights and obligations defined in, these Terms of Use as well as our Disclaimer, our Privacy Notice and our Cookie Policy. Together these documents make up our Terms and Conditions (hereafter referred to as the “Conditions”). No derogation to the Conditions is allowed.

The Conditions apply to us, Klaro App SRL, as well as to you, the user. You are considered a user as soon as you visit our Website or download, install or use our Application, whether already registered or not. By the simple virtue of visiting the Website or using the Application, you are presumed to have expressly understood and accepted the Conditions. Therefore be sure to read and understand the Conditions and all the terms within.

Klaro App SRL reserves the right to modify the Conditions at any moment. The user will always be kept informed of such modifications.

Right of use

Klaro App SRL grants the user a non-exclusive and non-transferable right of use. Simply by visiting the Website or installing the Application the user is presumed to have accepted this right of use. This right of use is limited to normal use of the Website and Application, in a manner conforming with the Conditions, legislation, third-party rights and general principles applicable to the Internet. The user recognises that this right of use is the only right granted.

In no way does the right of use confer upon the user the right to:

Among others it is forbidden to:

If a user contravenes the Conditions, breaks the law, encroaches on the rights of third parties or goes against the general principles of the Internet, Klaro App SRL reserves the right to take all reasonable and appropriate measures. Notably Klaro App SRL may, temporarily or definitively, block a user's right of use. Klaro App SRL is not obliged to inform a user in advance of such measures being taken. If a user believes that measures have been taken unjustly, they may let Klaro App SRL know in writing (see address above) or by email (info@klaro.cards). Klaro App SRL is in no way obliged to stop any measures that have been taken and may not be held to any kind of indemnity for this.

The user may at any time and without any obligation put an end to their right of use by stopping to use the Website or Application. Stopping to use the Website or Application does not mean that the user's profile will be automatically deleted. If a user wishes definitively to delete their user profile, they must post a signed and dated written request to Klaro App SRL (see address above) or send the request by email (info@klaro.cards). Klaro App SRL will inform the user of actions taken following such a request, no later than one (1) month following receipt of the request.

Registration

Access to the Application requires the prior creation of a user profile. When creating a user profile a user agrees to provide precise, true, up to date information. The communication of erroneous or false information is considered to be a contravention of the Conditions.

A user profile is strictly personal, confidential and non-transferable to any third party. Among other responsibilities, a user is the only one responsible for use made of their user profile. A user must take care that their login details remain strictly confidential. Klaro App SRL is not obliged actively to watch over user profiles but may do so if this is needed.

Users may not make purchases via the Application or the Website, with the exception of a subscription to a paid plan as an upgrade from the free version of Klaro. We care very much about the discernment of our users, particularly young users. This is why we believe that a user should be at least thirteen (13) years old to be authorised to install and use the Application, conforming with GDPR (General Data Protection Regulation). If you are less than thirteen (13) years old and you install or use the Application, we presume that you have requested and obtained the implicit or explicit prior consent of your parents or guardians. We actively work to implement measures aimed at preventing use of the Application by those under the required age and by those who have not obtained the necessary authorisation.

Obligations of Klaro App SRL

Klaro App SRL takes all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Website and our Application. These measures are technical, non-technical and administrative. Nevertheless this is an obligation of means and not of result, and we cannot absolutely guarantee continuous operation.

To ensure the correct functioning of the Website and the Application, Klaro App SRL reserves the right at any moment to publish new versions, updates and releases of the Application and the Website. These Conditions continue to be applicable in their entirety to all new versions. The user is not obliged to install new versions, although doing so is strongly recommended.

Klaro App SRL takes all possible measures to keep information on the Website and Application as complete, accurate and up to date as possible. Nevertheless this is only an obligation of means. Errors, incorrect information and technical remarks (reporting of “bugs”) may be communicated to Klaro App SRL by email (info@klaro.cards) or by chat.

Privacy and processing of your personal information

General

Personal information provided by users is collected and processed by Klaro App SRL. Klaro App SRL assures its users that it takes the protection of privacy and sensitive or other personal information extremely seriously, and that it undertakes to communicate clearly and transparently on this point at all times. Klaro App SRL undertakes to respect applicable legislation on this matter, in particular GDPR (General Data Protection Regulation). You can find more information about the processing of your personal information in our Privacy Notice.

Klaro App SRL processes personal information as long as necessary for the provision of service. As soon as a user decides to no longer use the service, Klaro App SRL stops all processing of personal information aside from that necessary for the deletion or return to the user of their data.

As much as possible, Klaro App SRL helps users and offers them the ability to exercise their rights associated with: access, rectification, deletion, disagreement, control of data, portability of data and the right not to be the object of individual automated decisions (including profiling).

Klaro App SRL is authorised to make one or several copies and/or back-ups of personal data. All associated personal information is covered by the same protection as the original personal information.

Klaro App SRL maintains a written record of the processing of user data. This record may be presented in electronic form. It contains all the information required by article 30.2 of the General Data Protection Regulation.

Klaro App SRL grants its staff limited access to personal information only where this is necessary for the operation of the provided service. The staff of Klaro App SRL are obliged to maintain confidentiality regarding the processing of personal data. Klaro App SRL undertakes to inform its staff about privacy legislation and contractual obligations.

Confidentiality

According to GDPR, Klaro App SRL is obliged to maintain the confidentiality of all personal information processed during the course of providing its service. This obligation of confidentiality applies also to all staff of Klaro App SRL as well as all associated sub-contractors and their staff.

The obligation of confidentiality applies also to all use of stored user data by Klaro App SRL.

The obligation of confidentiality does not apply to the communication of personal data to an authority as a legal requirement or to satisfy a court order, does not apply to personal information that is already available to the public, or does not apply when the communication of personal information has already been authorised by the user.

Security measures

According to GDPR, Klaro App SRL undertakes to put in place technical and administrative measures (hereafter referred to as “security measures”) aimed at protecting personal data from destruction by accident and from malicious activity, loss, fraud, diffusion, unauthorised access and from all forms of illegal processing.

These security measures guarantee a level of security adapted to the risks of data processing. To determine adequate security measures, the parties take into account technical considerations, costs and the nature, scope, context and implications of data processing as well as the risks for the rights and freedoms of those concerned.

Klaro App SRL undertakes to apply all reasonable efforts to verify that our systems and data processing services are sufficient to maintain confidentiality, integrity, availability and ongoing protection, taking technical considerations and costs into account.

Notification of data breach

According to GDPR, Klaro App SRL will notify a user of any breach of their personal information as soon as possible, at the latest 24 hours after becoming aware of such a breach. This notification will be accompanied by any documentation useful to the user in the case where they may have to signal the breach to other concerned people or to a data protection authority. In this case Klaro App SRL will communicate the following information to the user: the nature of the data breach, the categories and approximate number of affected users, the categories and approximate amount of personal information concerned, the probable consequences of the data breach, and the measures taken to remediate the data breach or the possible negative consequences.

At the request of a user, Klaro App SRL will notify the data breach in the name and on behalf of the user to the authorities in good time and, if possible, within 72 hours of becoming aware of the breach, as long as doing so would not create a risk for the rights and freedom of other people.

The decision whether or not to inform a data protection authority and/or other concerned people rests with the user.

Sub-contracting

Klaro App SRL may delegate all or part of its service of data processing to a sub-contractor. Users may not refuse requests from Klaro App SRL unless they have legitimate reasons. In the case where services are sub-contracted, Klaro App SRL remains the users' point of contact.

Klaro App SRL may contract services from a provider located outside the European Economic Area. In this case, Klaro App SRL will always choose sub-contractors that guarantee a satisfactory level of protection for personal data. If the sub-contractor is located in the United States, the protection of data is covered by the EU-US Privacy Shield self-certification scheme.

Klaro App SRL will confirm that all sub-contractors offer the same guarantees regarding appropriate administrative and technical measures, in accordance with GDPR (notably article 32).

Responsibility

Klaro App SRL cannot absolutely guarantee that operation of the Application and Website will be free of interruption, error or fault. Klaro App SRL reserves the right at any moment to interrupt operation of the Application or Website, in whole or in part. The Application and associated services are offered “as is” and “as available”. There is no implicit or explicit guarantee offered by Klaro App SRL.

Documents, information, promotions and proposals supplied by Klaro App SRL are exclusively for informative purpose and Klaro App SRL may not in any case be held responsible for their content, their scope and their accuracy. If you remark any errors, you may always inform us by email (info@klaro.cards).

All use of the Application or Website is made at the user's risk. Klaro App SRL may not be held responsible for direct or indirect damage associated with use of the Website or installation/use of the Application. Klaro App SRL does not deny its responsibility in the case of fraud or serious negligence, as long as these are properly attributed.

Klaro App SRL is not responsible for links, hyperlinks or image links that direct towards external websites, the content of which is controlled by third parties. The presence of such links does not automatically signify a relationship between Klaro App SRL and an external website, nor that Klaro App SRL agrees with the content on such a website.

Users are not authorised to modify the Application or the Website. If a user does this Klaro App SRL is in no way responsible for any damage that may occur due to such modifications.

Intellectual property

The Website and Application are protected by intellectual property rights. All such intellectual property rights, as well as derived rights and other similar rights, belong exclusively to Klaro App SRL. Among others these rights include: copyright, branding rights, software rights, rights over drawings and models, rights to technical or commercial (non-patentable) know-how, and rights to methods and concepts. Use of the Website or Application in no way supposes the transfer of these intellectual property rights to the user. The user undertakes not to make any modifications to the aforementioned intellectual property rights without the prior written authorisation of the rights-holders.

Final provisions

The titles that we use in our Conditions are purely illustrative, and therefore do not hold any legal power in the case of litigation over the provisions associated with these different titles.

In the case where the existence or validity of one or more of the provisions of these Conditions is compromised, this has no consequence on the existence or validity of the other clauses of the Conditions. In such a case we reserve the right to replace an inapplicable clause with another similar clause that is legally valid. The Application and Website are governed exclusively by Belgian law. In the case of litigation, the parties will first try to find a mutually acceptable solution. If this is not possible then the case will be submitted exclusively to the jurisdiction of the courts of Namur, Belgium.