Terms of use and privacy policy

General usage and contraction conditions of the platform

1. Introduction

Welcome to the Usage Conditions of the SWAP FAMILY platform, which you should read, together with the Privacy Policy. These General Conditions regulate the relationships between SWAP FAMILY, S.L (hereinafter SWAP FAMILY) and anyone who is a Visitor or a registered Family.

The SWAP FAMILY Platform has been created and developed to offer an interactive communication space between people. Its aim is to facilitate contact between people of different nationalities so that exchanges, short stays or hosting in different countries may be planned and accomplished in various ways, resulting in linguistic and cultural experiences.

Through these General Usage and Contraction Conditions (hereinafter Usage Conditions), we are informing you of pre-contractual information and usage conditions which will keep you duly informed and confident prior to contraction. Registration on the Platform, as a Registered or Accredited Family, implies familiarity and acceptance of these Usage Conditions.

2. Definitions

To help you understand the terms used in the Platform Usage Conditions, we will provide you with the sense and meaning of the words which begin with a capital letter, the definitions of which are stated below:

  • Usage conditions refer to the content of this contract.
  • Platform refers to the web site offering the service.
  • Account refers to the access interface to Registered or Accredited Families, which provides full visibility for identification and allows contact with other Registered or Accredited Families and access to all the SWAP FAMILY platform functions.
  • Visitor refers to a user who is visiting the Platform, without completing the registration process and who does not form part of the community.
  • Registered Family means the user is of age, forms part of a family in any country, has successfully completed the registration process and whose profile has been accepted by SWAP FAMILY, resulting in the availability of a Platform Account.
  • Accredited Family, means Registered Family that has provided the documentation required by SWAP FAMILY and that has been reviewed by the team.
  • Community refers to the group of Registered and Accredited Families on the platform who have an Account.
  • Exchange refers to when contact has been made between Registered or Accredited Families who then decide to arrange a stay or hosting in their respective homes and therefore have a shared experience between members or families of different locations, for cultural, linguistic or even tourist purposes.

3. Registration procedure, conditions of admission and validation

To access the platform and visit it you have to register, indicating your email address and your access password. You also have to read and accept the usage conditions and the privacy policy.

Once this has been completed, you will receive a link to the email address given and you can fill in the registration form.

All fields marked with an asterisk (*) on the registration form must be filled in. If you decide not to complete any of these you cannot form part of the Community and you will not be visible. The rest of the fields where no asterisk appears, refers to additional information which you can decide to complete or not. Some information is marked with a padlock 🔒, information that will not be visible to other users of the platform.

You will be asked to provide the following personal, and from the other members registered in your family profile, information, without which it will not be possible to complete the registration:

Tutor and/or adult members information

  • First name and family names
  • National Identity document number
  • Mobile
  • Address
  • Date of birth

Information about your children (if registered)

  • First names and family names
  • Date of birth

Requested documentation to be Accredited Family

  • Adults/Tutors’ ID/Passport.
  • Family book, or in its absence, the official document issued by a public organization that accredits the family unit. In the case of registering minors.
  • Adults/Tutors’ Criminal record certificate or equivalent document depending on the country.
  • Residence permit if you are not a national of the country where you reside

Images

  • Gallery of family and home photos, with a maximum of five photographs in each case.

Payment to activate the Account

Account activation is free. To join the Community and complete the registration that gives you access to all the features, for the moment, you will not have to pay any subscription fee.

Emails addresses of your friends

If you ask us to contact your friends so that they may   form part of the Community, you are giving us their email addresses and we will obtain information from other people so as to complete their application.

Chats

Logically we also manage the chats and communications with other Registered or Accredited Families as well as the content you publish, this all forms part of our services.

Provision of the documentation required to become an Accredited Family is intended to avoid false or inappropriate profiles, for exchanges between families. Once the documentation has been received by the SWAP FAMILY team it will be reviewed and in 48h – after completing registration – you will obtain the Badge of Accredited Family. The criminal record certificate is valid annually (12 months), after this time, they must be updated and sent back to SWAP FAMILY who, again, will review it, and within 48 hours will validate, if applicable, the Accredited Family badge .

All user information from the registration form must be true and up to date, with SWAP FAMILY totally exonerated from any liability for any information and/or documentation provided by the user that is false, manipulated, and fraudulent or which does not comply with reality. SWAP FAMILY is therefore under no obligation and does not have the sufficient technical means to detect fraudulent documentation, with SWAP FAMILY being limited to confirm that the user has provided all the requested information and documentation, and that they have been reviewed according to non-binding expert standards.

4. Free subscription

Account activation is free. To join the Community and complete the registration that gives you access to all the features, for the moment, you will not have to pay any subscription fee.

You may unsubscribe at any time, which implies the cancellation of the contract on termination of the subscribed period.

5. The right to withdrawal

You have the right to cancel the contract within a maximum period of fourteen (14) natural days, without the need for justification.

In order to comply with the withdrawal period, it will be sufficient for notification relating to the exercise of this right on your part to be sent before the deadline expires after 14 natural days, to be counted from the date of activation of your user Account.

To exercise your right to withdrawal, you must notify SWAP FAMILY of your decision to withdraw from the contract, through an unequivocal statement sent by post or email to hello@swapfamily.com.

To this effect, you may use the Withdrawal Form below, although its use is not obligatory. You have the option to complete and electronically send the completed Withdrawal Form.

SWAP FAMILY will notify you of the reception of your withdrawal.

WITHDRAWAL FORM MODEL

(You must only complete and send this form if you wish to withdraw from the contract)

To SWAP FAMILY, S.L., with taxpayer identification number: B-67402818, with fiscal residence in the city of Barcelona, Calle Pellaires 30-38, Nave B, and telephone number +34 932752644 e email hello@swapfamily.com.

I hereby notify that I wish to withdraw from my SWAP FAMILY service provision contract.

My identification data are:

– *** (USER’S name).

– *** (National Identity number).

– *** (USER’S residence).

– *** (USER’S signature only if this form is presented in paper format.).

– *** (data when account was activated)

6. Modifications to the platform and consequently to the general conditions

In view of the fact that the Platform services may evolve through the development of new tools or services that improve those offered by SWAP FAMILY, the latter reserves the right to carry out modifications to the different services and if necessary, to the Usage Conditions and the Privacy Policy.

Should any relevant modification be made, the user will be notified as soon as that version is released. However, we recommend a careful reading of the present general conditions of usage each time you access the platform.

Should you disagree with any of the modifications made, you may unsubscribe.

7. Liabilities of the parties

7.1. Swap Family obligations

SWAP FAMILY is obliged to provide the user with correct access to the Platform services under the terms herein established.

The goal of the services provided by the Platform is to establish the necessary mechanisms and tools for the Registered or Accredited Families to be able to contact and get to know one another, and therefore decide how to organize a real exchange in any of the predicted modalities. Notwithstanding the above, SWAP FAMILY is unable to guarantee that exchanges take place between the Registered or Accredited Families.

SWAP FAMILY provides the means for each family to chose who, when and how to organize the exchange and SWAP FAMILY therefore accepts no responsibility whatsoever regarding the exchanges or experiences the Registered or Accredited Families have, nor for any event of any nature which could occur during the exchanges made.

Consequently, SWAP FAMILY will not be liable for the events, occurrences or actions which may take place during the real exchanges made between the Registered or Accredited Families, and will be expressly exempt from any type of responsibility in this regard.

It will also be exempt from any responsibility derived from an Exchange which may be unsatisfactory, for any reason or circumstance.

7.2. Obligations of the user, Registered or Accredited Family

To use the platform in keeping with the law, morals, public order and these GENERAL CONDITIONS. 

The User specifically undertakes to:

  • Accept and be aware that it is the Registered or Accredited Family (through the person registered) who defines the limits of their private life and is the only one responsible for communicating through the services whatever personal information will not be harmful to it or its environment to divulge.
  • Use the Platform services respecting its aim, which is solely that the Registered or Accredited Families may know one another, in order to make real exchanges with families in other places.
  • Not use the Services for professional, commercial, lucrative ends (advertising, client recruitment, etc.) or in general any non personal ends.
  • Not send, publish or distribute any false information or contents.
  • Not make declarations or publish contents which violate the rights of others or that are of a defamatory, libellous, obscene, offensive, violent nature or which incite political, racial or xenophobic violence, nor which, in general are declarations or contents that go against the aim of the services, laws and individual and collective rights of people or good habits.
  • In particular, photographs and any other information, data or files provided by the Registered or Accredited Family must exclusively refer to the member/s of the family in question or if they refer to a third party, then with the express authorization from that third party.
  • Not harass other Registered or Accredited Families.
  • Not mention in the Platform any personal information provided by the Registered or Accredited Family (electronic mail, postal address, telephone number, etc.) or taken or known from a real exchange, nor any photographs of the family which were taken during the exchange unless expressly authorized by them. 

Noncompliance of the obligations herein defined constitutes a serious infringement which authorizes SWAP FAMILY to rescind the contract and to permanently or temporally remove the account(s) of the Registered or Accredited Family.

8. Intellectual and industrial property rights of the company

8.1. Swap Family contents

The design, computer programmes, logos, brands and other distinctive signs and/or elements, without any limitation: texts, images, data bases, multimedia contents, sounds, etc. which are used and/or appear on the Platform are the property of SWAP FAMILY and are protected by the corresponding intellectual property and industrial rights.

The usage rights conferred on the Registered or Accredited Families are limited to private and person use within the framework of the subscription to the services and whilst these are in force.

The user is not authorised to reproduce, copy, distribute, modify, confer or publically communicate any of the information contained in the web platform.

8.2. Registered or Accredited Families’ contents

The Registered or Accredited Families concede to SWAP FAMILY a licence for the use of their image rights or their intellectual property rights, singularly associated with the contents provided by the user within the context of the register and of the use of services of the Platform or the publication of their profile in their Account. This licence of usage is granted on a worldwide scale and for as long as the Usage Conditions agreed between the Registered or Accredited Family and SWAP FAMILY are in force.

The Registered or Accredited Family is forbidden to reproduce or use in any other way the contents generated by other Registered or Accredited Families, in a different way to that dictated by the strict requirements of service usage.

9. Warranties and limitations of the company liability

The users, Registered or Accredited Families must have at their disposal the skills, materials and software programs necessary for using Internet, and therefore for accessing the Platform.

SWAP FAMILY is not liable for faulty functioning, impossibility of access or usage conditions of the Platform, caused by inappropriate equipment, internal errors of their Internet provider whose services have been contracted by the user, Registered or Accredited Family, to overloading of the Internet network, or any other aspect extraneous to SWAP FAMILY which is considered to be overwhelming force.

10. Information provided by the community members. Liabilities

10.1. Information and contents provided by the Members or Subscribers

10.1.1. The information provided by a Registered or Accredited Family must be precise and real. The consequences which disclosure of this information (data, texts, images, etc.) may have on the life of a Registered or Accredited Family member or on the lives of their members of the same are the exclusive responsibility of the person who facilitates them. Consequently the user, Registered or Accredited Family expressly waives any right to make a claim against SWAP FAMILY the cause of which is the violation of their rights of image, their honor, reputation or intimacy of their private life, derived from the voluntary dissemination or disclosure of information relating to their person or to members of the family, whether this be through the Platform or after carrying out a real exchange in their home or a stay with the family in question.  

10.1.2. SWAP FAMILY cannot be liable for the certainty, exactitude or inexactitude of the information and contents facilitated by the Registered or Accredited Families that are part of the Community, nor the consequences of usage of this information and contents. Similarly, SWAP FAMILY will not be liable for the contents disseminated by a Registered or Accredited Family which are likely to contravene the rights of any member of another Registered or Accredited Family or of Third Parties.

10.1.3. In the event that SWAP FAMILY is advised by a user,  Registered or Accredited Family of improper use of non authorized information in the Platform by that user or Family, or in the event of harassment through Platform communication channels,  SWAP FAMILY will be forced to take any means it deems necessary and as soon as possible, to eliminate the improper information or even to exclude the profiles and users, Registered or Accredited Family accounts which do not comply with the Platform Usage conditions or to block any new registration by the infringing person.

10.1.4. In order to prevent inappropriate behavior or behavior which goes against the present usage Conditions or the Privacy Policy, SWAP FAMILY allows the Users,  Registered or Accredited Families to make a complaint through the email hello@swapfamily.com-  of any content (photos, text, videos), behaviors, declarations or deeds of other members of the Community they consider impinge on the good habits, morals, ethics, laws, other users or third parties and which are contrary to the intention of the services and the Usage Conditions.

 10.1.5. Should SWAP FAMILY be considered liable for actions or omissions by a Community member, with the cause of noncompliance of the Platform Usage Conditions brought forward, SWAP FAMILY will have to right to undertake actions against the offending user, Registered or Accredited Family, and they will be obliged to indemnify and hold harmless SWAP FAMILY for any damage, harm, expense or any financial disruption against them, which will result in the noncompliance of the obligations demanded by the Community members and the Platform users.

11. Applicable law and jurisdiction

These Conditions of Usage and detailed contracts are subject to Spanish legislation and to the jurisdiction of the Spanish courts and in particularly to those in the city of Barcelona.

Thank you for reading these GENERAL CONDITIONS.

We hope you enjoy SWAP FAMILY

Copyright © 2019 SWAP FAMILY. All rights reserved.

Privacy policy

Your privacy and the data you supply us with are of maximum priority to SWAP FAMILY. This privacy policy will inform you of the data we obtain, for what purpose and how we protect them. We will also explain your rights as recognized by EU regulation 2016/679 governing the protection of individuals in relation to personal data (hereinafter GDPR), and we will do this in a clear and simple language as this is the best way of keeping you duly informed.

You should therefore read this Privacy Policy and if you have any doubts, questions or require clarification, please contact us through the email: hello@swapfamily.com.

1. Identity of the data controller and contact details

The data controller is SWAP FAMILY, S.L., with taxpayer identification number: B-67402818, with registered office in the city of Barcelona, Calle Pellaires 30-38, Nave B, and telephone number +34 932752644 (hereinafter, SWAP FAMILY).

2. Data Collected and purpose of its collection

2.1. The services offered by SWAP FAMILY are explained in detail In the Platform Usage Conditions.

2.2. To provide the users of the SWAP FAMILY Platform correct access and use of its services, a series of data are requested which are essential for facilitating contact between the registered users.

2.3. To provide you with a better understanding of the terms used in this Privacy Policy, we will now define them:

  • Platform refers to the web site offering the service.
  • Account, refers to the access interface to Registered or Accredited Families, which provides full visibility for identification and allows contact with other Registered or Accredited Families and access to all the SWAP FAMILY platform functions.
  • Visitor refers to a user who is visiting the Platform, without completing the registration process and who does not form part of the community.
  • Registered Family, means the user is of age, forms part of a family in any country, has successfully completed the registration process and whose profile has been accepted by SWAP FAMILY, resulting in the availability of a Platform Account.
  • Accredited Family, means Registered Family that has provided the documentation required by Swap Family and that has been reviewed by the team.
  • Community refers to the group of Registered and Accredited Families on the platform who have an Account.

When you go to the platform, you can do so as a Visitor user,  as Registered or Accredited Family.

2.4.  The information you provide us with:

2.4.1. When you create an account and register, we will only use the information of the members of your Family Profile that you give us. Therefore, on creating the account, you are the person responsible for previously letting them know all the information you provide us and getting their express consent to do so. 

In the registration process we differentiate between obligatory information and other additional information which is voluntary.

Registration on the Platform

To Access the Platform and visit it, you have to complete registration, indicating your email address and access pin number. You should also read and accept the usage conditions and Privacy Policy. Once this has been done you will receive a link in the email address you gave us, and you can complete the registration form.

All fields marked with an asterisk (*) on the registration form must be filled in. If you decide not to complete any of these you cannot form part of the Community and you will not be visible. The rest of the fields where no asterisk appears refer to additional information which you can decide to complete or not. Some information is marked with a padlock 🔒, information that will not be visible to other users of the platform.

You will be asked to provide the following personal information about your family, without which it will not be possible to complete registration:

Tutor and/or adult members information

        • First name and family names
        • National Identity document number
        • Mobile
        • Address
        • Date of birth

Information about your children (if registered)

        • First names and family names
        • Date of birth

Requested documentation to be Accredited Family

        • Adults/Tutors’ ID/Passport.
        • Family book, or in its absence, the official document issued by a public organization that accredits the family unit. In the case of registering minors.
        • Adults/Tutors’ Criminal record certificate or equivalent document depending on the country.
        • Residence permit if you are not of the nationality of the country where you reside

Images

        • Gallery of family and home photos, with a maximum of five photographs in each case.

Payment to activate the Account

Account activation is free. To join the Community and complete the registration that gives you access to all the features, for the moment, you will not have to pay any subscription fee.

Email addresses of your friends

If you ask us to contact your friends so that they may   form part of the Community, you are giving us their email addresses and we will obtain information from other people so as to complete their application.

Chats

Logically we also manage the chats and communications with other Registered or Accredited Families as well as the content you publish, this all forms part of our services.

2.4.2. Provision of the documentation required to become an Accredited Family is intended to avoid false or inappropriate profiles, for exchanges between families. Once the documentation has been received by the SWAP FAMILY team it will be reviewed and in 48h – after completing registration – you will obtain the Badge of Accredited Family. The criminal record certificate is valid annually (12 months), after this time, they must be updated and sent back to SWAP FAMILY who, again, will review it, and within 48 hours will validate, if applicable, the Accredited Family badge.

2.4.3. – Furthermore, only the fathers and mothers, guardians and/or legal representatives may provide information on children who are minors. If the child is under 16 years of age, the information facilitated will only be considered legal if consent has been given or authorized by the parent or guardian and only to the extent that it was given or authorized. For all of the above, we ask you to provide the family book, as a reasonable means and tool for verifying that you form a family and that you are the legally authorized people to provide us with information. In order to be an Accredited Family.

2.5.- Express consent for the use of images in the SWAP FAMILY blog and social media

Those members who participate by explaining their experiences and/or sharing images or photos on the Blog or on social media where SWAP FAMILY has an active account (Facebook, Instagram and/or LinkedIn), must give their express consent to SWAP FAMILY.

2.6.- Subscription to our blog newsletter

To receive posts from our blog, newsletters or advertising and marketing information, SWAP FAMILY must receive your express and specific consent.

You may withdraw your consent at any time through the cancellation of your subscription which you will find at the bottom of the communications we send you or also by sending an email to hello@swapfamily.com.

3. Recipients of the data

3.1.- We will only and exclusively use the personal data you give us for provision of our service.

3.2.- Logically, when you use the service you will be sharing information with other users and members of the Community, and you should therefore ensure that the information or images you provide and content you accept are publically viewed, since when you share information with third parties we cannot guarantee or control what the latter do with the information provided.

4. Consent to data treatment

4.1.- In compliance with article 6 and 7 of GDPR, we will use the information you give us, legally and legitimately, with your express prior consent, which you concede on accepting this Privacy Policy that appears during the registration process.

 4.2.- We will also use data because it is necessary for the execution of the service contract, where prior acceptance of the Usage Conditions and Privacy Policy is obligatory for forming part of the Community.

4.3.- Whenever necessary for compliance with a legal obligation.

4.4.- When necessary for fulfilment of a mission undertaken in the public interest or in the exercise of public powers conferred on the data controller.

4.5.-When necessary for the satisfaction of legitimate interests pursued by the data controller or by a third party, provided that those interests do not prevail over the essential interests or rights and liberties of the interested party who requires personal data protection, and in particular when the interested party is a child.

5. Cookies

We may use technology called “cookies” to discover and collect information about the Platform usage. We may do this so as to distinguish you from other users, analyse your browsing habits and thereby improve our service provision. You can consult our Cookies Policy for full information on this matter.

6. Exercice of your rights

Information:

You have the right to know and request the personal information we collect.

Access:

You can request information to find out whether your data are being treated or not and for what purpose, and if you request it, you may obtain a copy.

Rectification:

You may request a rectification of inaccurate data, or if necessary, the correction or modification of data. You may also request that data be completed with an additional declaration.

Deletion:

You have “the right to oblivion” and may therefore, on your own decision, request the deletion of your personal data so that they are no longer used, either because they were not necessary for the purpose for which they were collected, or because they are used in a different way or even simply because you withdraw your consent to their use.

You should bear in mind that, in a number of cases, total or partial deletion of your data may imply the elimination of your user Account.

Treatment limitation:

You may exercise the right to limit treatment of your personal information, requesting usage limitation, or its preservation for the making or defending against claims.

Portability of data:

You have to right to request that the personal data provided are sent to you in a structured format, of common use and machine readable, and to transfer the data to another data controller, without impediment from the data controller you had initially provided the data to.

Opposition:

You may at any time oppose the continued use of your personal data, if there are no reasons for doing so.

Withdrawal of consent:

You may withdraw your consent at any time, although this will not affect the legality and lawfulness of the data treatment consented to prior to the withdrawal of the consent.

Making a claim to the control authority

If you believe we have not treated your personal data appropriately you may contact us. However, we would also inform you that you have the right to present a claim before the Spanish Data Protection Agency if you believe that a legal infraction has been committed in data protection matters regarding the treatment of your personal data. In all other European Union countries, you may present the claim before the relevant authority of your country of residence.

You may exercise your rights at any time freely by sending an email to hello@swapfamily.com, indicating the right you wish to exercise and your identification details.

7. How long your data will be stored

7.1.- We will store and use your information whilst you have an active Account, and to comply with our contractual and legal obligations and for the purposes of data treatment. When you unsubscribe from our account, we will eliminate the information you have provided us with and we will only subsequently preserve it for the legally required periods, or for a longer period when authorized by law for specific ends, such as, for example, the formulation, exercise or defence of claims made by the interested party.

7.2.- As we previously informed you, on unsubscribing from your account we will eliminate the information provided, although in certain cases, for legal reasons, it will not be possible to eliminate all data –  for example for the compliance of tax or data obligations for the legally established period of 4 years. We may also store them in the event that we need the data to exercise legal actions or defend against claims, or during the limitation period of the actions derived from a legal basis which justifies data treatment, under the terms provided by the applicable civil or mercantile legislation.

In this period the account will not be visible to other users, nor will it participate in Community services, with the data blocked during the legally established periods.

8. Data transfer and other personal data recipients

Should the exchange take place in a country or territory outside of the European Economic Area the Registered or Accredited Family accepts international transfer of their data.

International transfer of data may be executed without the need for approval by the Spanish Data Protection Agency, whilst the data recipients are in a country or territory declared to have an appropriate protection level.

9. Link to third parties

The SWAP FAMILY web site may contain links to others sites which may be of interest to you, such as the social networks used by SWAP FAMILY. Once you click onto these links and leave our page, SWAP FAMILY no longer has control over the site you have been redirected to and consequently we cannot be responsible for protection of the data you provide to these third party sites. You will be subject to the sites’ own privacy policies and we therefore recommend that you read them carefully to confirm that you are in agreement with them.

10. Security measures

10.1.- We will adopt security measures to avoid unauthorised use of your data, its alteration, loss, unauthorised treatment or access, within technological limits, the nature of the stored data and the risk they are exposed, be they the result of human action or the result of the physical or natural environment. Despite our efforts and the measures we adopt, we cannot guarantee total security, as all technological companies are exposed to vulnerability and actions from the outside.

10.2- The personal data we collect will be stored in EU servers.

11. Minors

11.1.- Minors are not able to activate an Account, nor use the services available from the Platform without previous authorization from their parents, guardians or legal representatives, who will be the only persons responsible for all the actions undertaken through the Platform (web) by the minors in their care.

11.2.- Following on from the above, the insertion of photographs, images or any other additional information must be inserted by the parents, guardians, or legal representatives, and even chat conversations must be made in the presence of parents or guardians.

12. Extensions of information

In order to ask questions or make comments about  this Policy and/or our privacy practices, or make a complaints about our compliance with the laws applying to privacy, and even to exercise your rights at any time, you can contact us in writing to SWAP FAMILY’s registered office located at Calle Pellaires 30-38, Nave B, post code 08019 of the city of Barcelona, or through electronic mail hello@swapfamily.com, or contacting us through the phone number: +34 932752644.