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Terms and Conditions of Use for the NextAcademy VR Application

These Terms and Conditions govern the download, access, and use of the mobile application NextAcademyVR (hereinafter, the «APPLICATION»), which SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL (hereinafter SERVICE NEXT) makes available to users. The user acquires this status by downloading and using it.

This version of the APPLICATION is available free of charge on the Oculus Store by Meta, and the user acknowledges and agrees to comply with all applicable terms and conditions regarding the acquisition, download, and updating of the APPLICATION as determined by this store.

Access to the APPLICATION implies that the user acknowledges having accepted and unreservedly consented to these terms of use.

1. PURPOSE

The PURPOSE of the APPLICATION is to train employees of clients who have entered into a service contract with SERVICE NEXT distributors.

The training offered by the APPLICATION is related to the automotive sector.

Specialist professionals, as well as a group of users who participated in the testing period, were involved in the design and development of this APPLICATION.

The APPLICATION is made available to users for personal use only (never for business use).

It operates on Oculus Quest virtual reality headsets with the Android operating system.

2. FEATURES

  • For anonymous users: No functionality is available.
  • For registered users: Training activities.

There are two types of users:

  • The CLIENT of SERVICE NEXT, who has acquired the right to use the APPLICATION, hereinafter THE USER.
  • The individuals authorized by the CLIENT to use the APPLICATION, hereinafter, end users.

THE USER is solely responsible for providing access credentials to end users and assumes responsibility for compliance with these terms and conditions by the end users.

For the APPLICATION to function, THE USER (generally a representative of a client of a SERVICE NEXT distributor) must be validated. To do this, they must enter their CIF and a code provided by the distributor.

THE USER may provide the virtual headsets with the APPLICATION installed to any end users they wish. These users must create their own profiles within the APPLICATION by creating a username.

In each profile, the user may add a unique code known only to them to protect it from unauthorized access; this code will be required each time they log in to the APPLICATION.

Each end user must select their profile each time they wish to resume their training activity.

The APPLICATION will only process user data to validate their sessions.

If the APPLICATION can provide a certificate of course completion, the end user must enter their first and last name.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The intellectual and industrial property rights over the APPLICATION are owned by SERVICE NEXT, which holds the exclusive right to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication, and transformation.

Third parties holding intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the APPLICATION have granted the corresponding authorizations for their reproduction, distribution, and making available to the public.

The user acknowledges that reproduction, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering techniques, or any other means to obtain the source code, transformation, or publication of any unauthorized reference test results of any of the elements and utilities integrated within the development constitutes an infringement of SERVICE NEXT's intellectual property rights, and therefore undertakes not to perform any of the aforementioned actions.

4. PRIVACY POLICY

Who is responsible for processing your personal data?

SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL is responsible for processing users' personal data and informs you that this data will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR), and Organic Law 3/2018 of December 5 (LOPDGDD). Below is basic information about the processing:

For what purpose do we process your personal data?

We process your personal data for the purposes described in section "1. PURPOSE" of these terms and conditions: to provide training to users, monitor progress, and, where applicable, facilitate the download of the certificate that accredits completion of the content.

Data collection and processing: We collect users' personal data (obtained directly from the use of the application, the device, and/or the Meta platform) and then process it for the purposes indicated in this policy. Mere processing without collection does not describe the operation of NextAcademyVR: it is necessary to collect data to provide the service.

Examples of types of data we collect (non-exhaustive list):

  • Account and session identifiers: for example, user identifier provided by the Meta platform in the context of using the application on Meta Quest, and internal profile or session identifiers generated in the app.
  • Profile data in the application: for example, alias or username set in the profile, avatar selection, and internal identifiers associated with the profile.
  • Device, connection, or service data: for example, device or workshop identifier when applicable according to service configuration, minimum technical data (such as application or platform version), and, when generated by access to our online services, IP address or other technical connection identifiers processed by the infrastructure necessary to provide the service.
  • Usage and training performance data: for example, progress (vehicle, course, module, lesson), results and attempts, session metrics (duration, status), and tests taken.
  • Certification data: when applicable, first and last name entered for certificate issuance.

Specific information for the NextAcademyVR app (Meta Quest / Meta Horizon Store)

In the NextAcademyVR application, the above data is collected and processed only to the extent necessary for its operation: authentication and profile management, progress tracking, support, service continuity, and operational improvement of the training service, in accordance with this policy.

Minimal technical data is also processed to operate the service (for example, application version, platform, and download status or offline content availability). The use of the Meta platform is also subject to the information and privacy settings that Meta makes available to the user on the device and in its own terms and policies.

We do not sell personal data to third parties.

On what grounds can we process your personal data?

The processing of your data is legitimized based on:

  • The execution of the contractual relationship of which you are a party, derived from the acceptance of these terms and conditions of use (art. 6.1.b GDPR).
  • Your consent, where applicable, for specific purposes (art. 6.1.a GDPR), for example when completing forms or contact methods where it is clearly requested and the appropriate box or action is enabled.
  • The legitimate interest in responding to your queries or requests made through the forms or contact channels provided in the APPLICATION (art. 6.1.f GDPR), under the terms provided by applicable regulations.

How long will we keep your personal data?

We will retain your personal data for as long as necessary to fulfill the described purposes and, where applicable, to comply with legal obligations (including limitation periods). When it is no longer necessary for those purposes, it will be deleted using measures that allow its blocking, anonymization, or destruction, as appropriate.

Data associated with usage and training sessions will be retained as long as necessary to provide the service and monitor progress; once the corresponding training activity is completed, it will be deleted or retained only in aggregated or anonymized form when appropriate according to the purpose. Data included in the certificate, if applicable, will be retained for a maximum of six (6) months from its generation, unless there is a different legal retention obligation.

To whom do we provide your personal data?

We do not disclose data to third parties for their own purposes. Only data processors providing services to SERVICE NEXT (for example, hosting, cloud infrastructure, or technical support) will have access to the data, with whom the required legal guarantees are formalized, and only to execute the controller's instructions. There may also be communication when required by applicable law or by competent authorities.

What rights do you have as a user?

  • Right to withdraw consent at any time, when processing is based on consent.
  • Right of access, rectification, erasure, restriction of processing, portability, and objection, under the terms and conditions established by applicable regulations.
  • Right to lodge a complaint with the supervisory authority (www.aepd.es) if you believe the processing does not comply with current regulations.

Contact details to exercise your rights:

SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL. Calle Camí del Fondo de Can Guitet, 1 - 08160 MONTMELÓ (Barcelona). E-mail: info@servicenext.eu

How to request data deletion in NextAcademyVR?

To request the deletion of personal data linked to the NextAcademyVR app, you can write to info@servicenext.eu indicating in the subject: "NextAcademyVR – Data Deletion Request", and including the information reasonably necessary to identify your account or profile in the APPLICATION.

5. MANDATORY OR OPTIONAL NATURE OF INFORMATION PROVIDED BY THE USER

By checking the corresponding boxes and entering data in the fields in the APPLICATION forms, users expressly and freely accept that their personal data is necessary to fulfill their request by the provider, with the inclusion of data in the remaining fields being voluntary. The user guarantees that the personal data provided to SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL is true and is responsible for communicating any changes to them.

SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL informs that all data requested through the APPLICATION is mandatory, as it is necessary to provide an optimal service to the User. If all data is not provided, it cannot be guaranteed that the information and services provided will fully meet your needs.

6. SECURITY MEASURES

In accordance with the provisions of current regulations on the protection of personal data, the CONTROLLER complies with all the provisions of the GDPR and LOPDGDD regulations for the processing of personal data under its responsibility, and specifically with the principles described in Article 5 of the GDPR, by which data is processed lawfully, fairly, and transparently in relation to the data subject, and is adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

SERVICE NEXT guarantees that it has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR and LOPDGDD in order to protect the rights and freedoms of users and has provided them with adequate information so they can exercise them.

All information transfers that the APPLICATION makes with cloud servers, whether owned or third-party, are carried out in an encrypted and secure manner through a secure hypertext transfer protocol (HTTPS), which also ensures that the information cannot be intercepted.

For more information about your privacy guarantees, you can contact SERVICE NEXT at the email address info@servicenext.eu.

7. DISCLAIMER

SERVICE NEXT reserves the right to edit, update, modify, suspend, delete, or terminate the services offered by the APPLICATION, including all or part of its content, without prior notice, as well as to modify the form or type of access to it.

Possible reasons for modification may include adaptation to possible legislative changes and changes in the APPLICATION itself, as well as those that may arise from existing industry codes or for strategic or corporate reasons.

SERVICE NEXT is not responsible for the use of the APPLICATION by a minor, with the download and use of the APPLICATION being the sole responsibility of the user.

The APPLICATION is provided "as is" and without any kind of warranty. SERVICE NEXT is not responsible for the final quality of the APPLICATION, nor that it serves and fulfills all its objectives. Notwithstanding the above, SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL undertakes, to the extent possible, to contribute to improving the quality of the APPLICATION, but cannot guarantee the accuracy or timeliness of its content.

The responsibility for using the APPLICATION lies solely with the user. Except as provided in these Terms and Conditions, SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL is not responsible for any loss or damage arising in connection with the download or use of the APPLICATION, such as those resulting from failures, breakdowns, or blockages in the operation of the APPLICATION (for example, and without limitation: communication line errors, defects in the APPLICATION's hardware or software, or failures in the Internet network). Likewise, SERVICE NEXT AUTOMOTIVE TECHNOLOGY SL will not be responsible for damages resulting from improper or inappropriate use of the APPLICATION by users.

8. GOVERNING LAW AND JURISDICTION

The user agrees that the applicable law and the competent Courts and Tribunals to resolve any disputes arising from the interpretation or application of these terms are those of Spain, and expressly submits, waiving any other jurisdiction, to the courts and tribunals closest to the city of MONTMELÓ.

I have read and accept the terms of use of the APPLICATION.

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