¿Sabes realmente en qué nos has metido, María Brea?

Mi Reto Final.

No se asusten si ven que el reto es muy largo. En realidad, no lo es tanto pero déjenme explicarles el proceso.

Luego de leer el material dado por María Brea, ella nos pide que agreguemos este reto a un tablero colaborativo, denominado “Padlet”. Pues bien, aquí empieza mi reto. Para hacer uso de este servicio on-line, nos tenemos que registrar en esta aplicación y, por lo tanto, leer sus términos y condiciones.

Por lo tanto, fui tomando capturas de pantallas de todo el proceso y copié los textos originales, que estaban en inglés (¡No los leean! Están en rojo y otra tipografía para diferenciarlo del reto en sí mismo), de los términos y condiciones. De esta manera, se ilustra claramente la extensión de los mismos, explicando porqué no los leo y permanezco en el 90% de la población usuaria de apps.

Al final de todo, hago el resumen sobre:

1. Modelo del Negocio del Servicio “Padlet”.
2. Contrato
3. Datos y Contenidos

Por último, y luego de haber leído y aceptado (María Brea, no nos dejaste ninguna otra opción…..) los términos y condiciones de “Padlet”, utilicé el servicio.

¡Allá vamos!

1. Modelo del Negocio del Servicio “Padlet”.

“Padlet” es un servicio on line que consiste en un muro virtul donde puedo subir mis trabajos. Yo me lo imagino como esas pizarras de corcho que usamos en la oficina donde se van colocando avisos, recordatorios y otros. La diferencia es que “Padlet”, al ser on-line, no solo me permite subir textos, sino también imágenes, videos, audio documentos, “files”, enlaces de páginas web, dibujos y mapas.

Hay un formato gratuito (“Free”), que sólo permite subir hasta 3 aportes, y una de pago (“Premium”), con aportes ilimitados. Gratis es una pizarrita de corcho pequeña, y la de pago es enorme.

Es un modelo de negocio “freemium”.

2. Contrato

El contrato es muy extenso, en inglés, de tipografía grande y para hallarlo hay que hacer los siguientes pasos, que los ilustro con impresiones de la pantalla de mi laptop, registrando todo el proceso para demostrarlo gráficamente.

Ir a la web y “registrarme”.

Aparece un breviario de términos y condiciones, muy escueto que nos dice quién lo hizo, las fechas y el tipo de privacidad entre otros datos generales.

Luego pasamos al registro en sí mismo, que puede hacerse con alguna cuenta de Google, FB o Microsoft, o directamente registrarme creando un usuario y contraseña.

Me registré con mi cuenta de Google.

Y recién ahora vemos la “Política de Privacidad”, en inglés, utilizando  4.112 palabras y varias páginas que invito a saltearse.

This Privacy Policy (“Policy”) applies to all products, services, and content offered by Wallwisher, Inc. DBA Padlet (“Padlet,” “we,” “us,” “our,” and our subsidiaries, affiliates, or holding company). When handling your information, Padlet may be acting as both a Controller and a Processor as those terms are defined under the European Union’s General Data Protection Regulation (“GDPR”).

Overview

Padlet takes user privacy seriously. This Policy describes how we handle information collected in relation to access and use of padlet.com  (the «Site»), our mobile and desktop applications (the “App”), browser extensions, blog, and related products and services (collectively, the «Service»). When you access or use the Service, you are deemed to consent to the collection, use, retention, transfer, structuring, manipulation, storage, transmission and/or disclosure (collectively, “processing”) of  your information as described in this Policy and in accordance with applicable laws.

This Policy does not govern what our users do on their own padlets (i.e. custom pages that people make using the Service).  When you visit a padlet page created by another Padlet user, that page may collect more information than we do and may provide information to third parties that we have no relationship with. We request you use discretion when sharing personal information on padlet pages created by other users.

This Policy also does not apply to websites or services you might access through links or other features (e.g., YouTube videos, Twitter buttons) on the Service. These other services have their own privacy policies, and we encourage you to review them before providing them with personal information.

 Information You Give Us

Information You Give Us

We may ask for and collect the following personal information about you when you use the Service. This information is necessary for the adequate performance of the contract between you and us, for our legitimate interest in being able to provide and improve the Service, and to allow us to comply with our legal obligations. Without it, we may not be able to provide the Service as intended.
You can find an interactive graph of the information you give us and how it is used at https://privacy.padlet.com.

Account and Profile Information
When you create an account on a Padlet Service (an «Account»), we require you to provide us information such as your username, password, and email address. This information is used for confirming your identity and providing access to the Service.
You can also provide us your photo, your name, and a short bio, so other users can better identify you when you collaborate with them. It also allows us to personalize your experience. As a user with a Padlet account, you will have a publicly accessible profile where your photo, name, username, and bio will be visible. We do not expose your email address to the public.

Contact Information
When you contact us via our chat and email channels, you may be provide us, in addition to the content of your message, your name and email address. If you call our support hotline, you provide us your phone number and any information you choose to provide us in relation to your inquiry. When you contact us for support or feedback, your information is used solely to respond to your request. We do not use your information for marketing.

Information About Your Accounts on Third-Party Services
Padlet provides the ability to log in to the Service using your Google, Facebook, or Microsoft account. If you authenticate yourself using any of these services, you grant us access to your email address, and, if available, your name, photo, and username associated with them. We do not receive your password.

Information Posted on Padlets (User content)
Users can create padlets where they and other users can contribute, i.e., post content. This content (“user content”) may include text, images, videos, audio, documents, files, links from the web, drawings, and maps. 

The administrators of a padlet (the creator and other users appointed as such by the creator) can choose its privacy — private, password protected, secret, public. The privacy of your user content is dependent on the privacy of the padlet.

Private: Only registered Padlet users invited to the padlet can view content.

Password protected: People who have the password to the padlet can also view content.

Secret: People who have the link to the padlet can view content.

Public: Your content is public on the internet.

If you are contributing to a padlet, we advise you to exercise caution when sharing personal information regardless of the privacy level. The administrators of a padlet can change its privacy at any time;  a padlet you thought was private today may become totally public tomorrow.

Secret padlets have another catch. Since a link is just a combination of characters, it is theoretically possible for someone to access a secret padlet by guessing its link.

Public padlets give us, Padlet, the right to view, share, and promote the content on them.

Precise Location Information
We let users easily add maps to padlets. When adding a map, users can choose to add a map of their current location. Should a user choose to do so, we may request a one-time access to the user’s precise location (correct to 10 meters). The location is used only to generate the map that one time. We do not store or track your device location on an ongoing basis.

Payment Information
When you use a service that requires payment, we collect your name, email, and credit card information for the purpose of billing and charging you. Your payment information is stored in a PCI compliant way.

Information We Track Automatically

Information We Track Automatically

When you use the Service, we may automatically collect information, including personal information, about you and how you use the Service. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the Service. 

If you use Padlet on different devices, we may associate and combine the information we collect from those different devices to help us provide a consistent Service across your different devices. If we do combine any automatically-collected information with personal information, we will treat the combined information as personal information, and it will be protected as per this Policy.

You can find an interactive graph of the information we track and why at https://privacy.padlet.com.

Information Collected Using Cookies

Cookies are data that a website can store on a user’s web browser for a duration of time. Every website stores its own set of cookies and, by design, one website cannot read the cookies of another website.  

Padlet’s cookies are used to:

• authenticate users
• keep users logged in while they use the Service
• track behavior on the Service (e.g. which page the user visited after the home page)
• remember user preferences (e.g. timezone)
• show third-party ads
• show ads about Padlet outside of the Service (e.g. on LinkedIn)

When you share links to external services on Padlet, e.g. YouTube, those services may store cookies on your browser too. We have no control over the cookies they store and what they do with them.

 

Information Related to Your Device

We collect device-specific information such as:

• device brand, version, and type (e.g. Samsung Galaxy S9 Cellphone)
• operating system and version (e.g. Android 8.0)
• browser type and version (e.g. Chrome 63.0)
• screen size and resolution (e.g. 375px wide retina screen)
• battery and signal strength (e.g. 15% battery, 75% signal strength)

This helps us measure how the Service is performing, improve Padlet for you on your particular device, and send you push notifications if you’ve opted in to receive them.

Information Related to the Use of the Service

We collect information about how people use the Service. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features of the Service they have visited, which links on the Service they have clicked on, and the length of those visits. 

We may also use third party applications and services, such as Google Analytics (GA), to collect, analyze, and report this information. We may also use some of this information in aggregate form, that is, as a statistical measure related to all of our users that would not identify you personally.

We use information about your use of the Service to improve and enhance your experience on the Service.

Information Related to Your Location

An IP address is an address assigned to any device connected to the Internet. Depending on where you are, your IP address can be unique to your computer, or shared among many devices. An IP address can be used to locate the device it is assigned to, and in turn the user using it.

When you use the Service, we collect your IP address for:

• personalization (e.g. showing Portuguese site to Brazilian users
• analytics (e.g. how many people from France used Padlet today)
• detecting and preventing spam and malware (e.g. blocking the IP addresses posting bad links)
• troubleshooting issues with our Service (e.g. if users in Chicago are seeing more errors than users in New York, we should investigate our Chicago servers)

We do not store your IP address anywhere on our service for longer than 30 days after your visit. We use Google Analytics’ IP anonymization feature to prevent them from associating your activity with your identity. (So, GA will only see that someone in San Francisco visited page X, not someone who lives on the corner of 6th St and Mission St.) 

Information Related to Your Search History

We track your search queries on the Service to learn your preferences and improve your search results over time. 

Information received from third-party sources

We may also obtain information, including personal information, from third-party sources to update or supplement the information you provided or we collected automatically. This may include aggregated anonymous information or certain personal information that may be provided to us. If we receive personal information from third-parties, we will handle it in accordance with this Policy. If we directly combine information we receive from other third-parties with personal information that we collect through the Service, we will treat the combined information as personal information and handle it in accordance with this Policy. 

Local law may require you authorize the third-party to share your information with us before we can acquire it. We do not control, supervise, or respond to how third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third-parties.

Whom Do We Share the Collected Information With?

Whom Do We Share the Collected Information With?

First and foremost, you should know that Padlet does not sell or rent your personal information to any third-party for any purpose.

We share information we collect from you under the limited circumstances set forth below:

Information Shared With the Public Through the Service

All registered users have a public profile (e.g. https://padlet.com/doodlebug). The profile has the user’s profile photo, name, username, bio, and their public padlets.

These profiles are accessible to and searchable by all Padlet users. These profiles may also be indexed by search engines like Google and Bing.

Any content you post on a public padlet is also indexable by search engines and, as such, is open to the public.

Information Shared With Other Padlet Users Through the Service

When you collaborate with other people, they can see your profile photo, name, and username.

Information Shared With Service Providers in Order to Operate and Improve the Services

We work with many vendors, service providers, and other partners to help us provide the Service by performing tasks on our behalf. These service providers may be located inside or outside of the European Economic Area (“EEA”). We may need to share or provide information (including personal information) to them to help them perform these business functions. E.g.: 

• We use Help Scout to manage customer support requests. We share your name, your email, and your messages with them.
• We use Honeybadger to notify us when a user encounters an error so we can fix it promptly. We share your device information, IP, and email with them.
• We use Chargebee to manage billing. They store your name, email, and credit card information.

We use 30-40 different providers to support our operations. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect and use it only for the purpose for which it was disclosed and consistent with this Policy. Padlet has also entered into Data Processing Agreements with parties who process data on our behalf or in connection with the use of the Padlet Service.

Information Shared with Third Parties

We may share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other de-identified or non-personally identifiable information, with users, partners, press, or other third-parties in order to, for example, demonstrate how Padlet is used, spot industry trends, or to provide marketing materials for Padlet. Any aggregated information and non-personalized information shared this way will not contain any personal information

Information Disclosed to Fulfil Legal Obligations

We may disclose personal information if necessary to comply with the law, such as complying with a subpoena or other legal process. We may need to disclose personal information where, in good faith, we think it is necessary to protect the rights, property, or safety of Padlet, our employees, our community, or others, or to prevent violations of our Terms of Service or other agreements. This includes, without limitation, exchanging information with other companies and organizations for fraud protection or responding to law enforcement and government requests.

Where appropriate, we may notify users about the legal requests, unless (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Padlet, or its users. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

Information Disclosed Pursuant to Business Transfers

Over time, Padlet may grow and reorganize. We may share your personal information with affiliates such as a parent company, subsidiaries, joint venture partners or other companies that we control or that are under common control with us, in which case we will require those companies to agree to use your personal information in a way that is consistent with this Policy.

In the event that all or a portion of Padlet or its assets are acquired by or merged with a third-party, personal information that we have collected from users would be one of the assets transferred to or acquired by that third-party. This Policy will continue to apply to your information, and any acquirer would only be able to handle your personal information as per this Policy (unless you give consent to a new policy). We will provide you with notice of an acquisition within 30 days following the completion of such a transaction, by posting on our homepage, or by emailing you on your email address on file. If you do not consent to the use of your personal information by such a successor company, you may request its deletion from the company.

In the unlikely event that Padlet goes out of business, or files for bankruptcy, we will protect your personal information, and will not sell it to any third-party.

Information Shared to Enforce Content Policy

To make sure that all content on Padlet conforms to our content policy, we run all user content, no matter the privacy, through a series of automated checks. If any content is flagged to be in violation of our content policy, an authorized personnel at Padlet may look at it to determine the  appropriate action to be taken against that content. This helps us keep the Service safe and appropriate for all users

Information You Share with Third Party Services

You may access Third Party Services through the Service, for example by watching a YouTube video on a padlet. You may also choose to share information that you provide to us with Third Party Services (e.g., by posting your padlet to Twitter or Facebook). These services have their own privacy policies which we don’t govern. We encourage you to review them before providing them with personal information. 

Information Shared With Your Consent or at Your Request

Other than the cases above, we will share your information only if we have your consent.

How Long We Retain Information

How Long We Retain Information

Padlet will keep information for as long as necessary to provide the Service under our Terms and Conditions and other relevant agreements between you and Padlet. We will also retain information so as to fulfil any legal requirement to which we are subject to, e.g. trade, tax, and employment law.  We will discard personal information when:

• the data subject withdraws consent to processing,
• our contractual obligations have been fully performed and cannot be performed to any further extent, or
• the personal information is obsolete.

We will also not keep any information the processing of which has been objected to, or for which a request for erasure has been made, beyond the legally required timeframe to complete such a request (usually 30 days).

How We Secure Information

How We Secure Information

The security of your personal information is important to us. We maintain administrative, technical and physical safeguards to protect against loss, theft, unauthorized use, disclosure, or retrieval of personal information. In particular:

• We perform application security testing; penetration testing; conduct risk assessments; and monitor compliance with security policie
• We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems
• We continually develop and implement features to keep your personal information safe
• When you enter any information anywhere on the Service, we encrypt the transmission of that information using secure socket layer technology (SSL/TLS) by default
• We ensure passwords are stored and transferred securely using encryption and salted hashing
• The Service is hosted on servers at a third-party facility, with whom we have a contract providing for enhanced security measures. For example, personal information is stored on a server equipped with industry standard firewalls. In addition, the hosting facility provides a 24×7 security system, video surveillance, intrusion detection systems and locked cage areas
• We operate a ‘bug bounty’ security program to encourage an active community of third-party security researchers to report any security bugs to us
• We restrict access to personal information to authorized Padlet employees, agents or independent contractors who need to know that information in order to process it for us, and who are subject to strict confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations
• We require subprocessors to comply with security requirements via separate data processing agreements

Although we make concerted good faith efforts to maintain the security of personal information, and we work hard to ensure the integrity and security of our systems, no practices are 100% immune, and we can’t guarantee the security of information. Outages, attacks, human error, system failure, unauthorized use or other factors may compromise the security of user information at any time. 

If we learn of a security breach, we will attempt to notify you electronically (subject to any applicable laws) so that you can take appropriate protective steps; for example, we may post a notice on our Site or elsewhere on the Service, and email to your email address on file. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

 Your Rights

Your Rights

You have the choice to request correction and/or deletion of personal information we process about you as well as to request that we cease communicating with you where we do so on the basis of your consent or previous customer relationship with you. If you are a registered user, you can access and update most information associated with your Account by logging in to the Service and checking your Account Settings page.

Your GDPR Rights

Customers based in the European Union or the European Economic Area shall have the following data subject rights in line with the European Union General Data Protection Regulation:

• Right to withdraw consent for processing of personal information at any time
• Right to be forgotten or to require deletion or blocking personal data which is incorrect or which has been processed illegally.
• Right to restrict or object to certain types of processing of personal information
• Right to demand the rectification of erroneous or incomplete personal information
• Right to obtain a copy of personal information in a structured machine-readable format and, on request, to transmit personal data to other data controllers.

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents have the right to request from us a list of all third parties to which we have disclosed personal information during the previous year for direct marketing purposes. Alternatively, the law stipulates that if a business entity maintains a privacy policy that provide users with an “opt-out” mechanism for use of personal information by third parties for their marketing purposes, the business entity may as an alternative provide you with information on how you may opt-out from the use of information by third parties for direct marketing purposes. 

We have not shared your personal information with any third party for direct marketing purposes. Should you need this in writing, you can contact us via the information provided later in this Policy.

Deleting Your Account

Deleting Your Account

You may delete your Account at any time. You can do so from your Account Settings page on the Site or the App or by emailing us at hello@padlet.com. If you email us, we may require sufficient identifying information to be able to determine that you own the account. 

When you delete your account, we delete:

• your profile information and any other content you provide in your profile (such as your name, username, password, email address, and profile photos)
• all the padlets you have created and all the content posted on them, whether or not that content was created by you

We do not delete the user content you posted on padlets created by other users. It will continue to be on the platform, albeit anonymized (unless you shared personal information in the user content itself). Padlets are shared documents and the creator of the padlet is ultimately the owner of the content on it. It jeopardizes the contract between you and the padlet creator if you are allowed to delete content. If you shared a Google Doc with someone and they edited it, you wouldn’t want the edits to disappear if they deleted their account the following day.

We also do not delete non-identifiable aggregate information about your usage of the service. 

We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, even after you update or delete personal information you have provided us from our Service, your personal information may be retained in our backup files, archives, and server logs for up to 30 days, unless legal obligations require us to retain them for longer periods of time.

Please be aware that deleting your Account may not fully remove all content you have published on our Service from search engine indexes (e.g. Google) and network caches. We cannot control the behavior of these entities.

Changes to This Privacy Policy

Changes to This Privacy Policy

We may amend this Privacy Policy from time to time. In case of major changes, we will notify users by email addresses provided to us.

If you don’t agree with any changes to the Privacy Policy, you may terminate your account. By continuing to use the Service after the revised Privacy Policy has become effective, you acknowledge that you accept and agree to the current version of the Privacy Policy.

Contact Us

Contact Us

If you have any questions, concerns, or complaints regarding this Policy or our data processing activities, please contact by email at hello@padlet.com or write to us at:

Wallwisher, Inc.
981 Mission St
San Francisco, CA 94103

 

Básicamente, recolectan información de todo lo personal, al hacernos usuarios, incluyendo nombre, mail (pero no el password), especialmente si uno opta por publicar algo en formato “público”. También recolecta info de lo que subimos a “Padlet”, hacen un trackeo automático cuando navegamos en el servicio, nuestra localización, todos los aspectos del dispositivo que estamos usando (celular, Tablet o laptop), nuestra historia de búsqueda, todo lo que recibimos de terceros y, por supuesto, los datos de nuestra tarjeta de crédito.

Pero esto no es todo. Para confundir más, hacerlo más críptico y tenebroso, están los “Términos del Servicio”, también en inglés, y en 4.048 palabras, más técnicas que en lo anterior.

Padlet

23 de ago. de 2016 11:55pm

BANDERA

Hi! You are now reading Padlet’s Terms of Service, meaning the contract between you and Padlet when you use Padlet’s site, services, and products. You should read this carefully before you use Padlet. We’ve tried to be fair and straightforward. If you have any questions or suggestions, feel free to email us. We’ve also included several annotations ( in italics); these annotations aren’t a part of the contract itself, but are intended to help you follow the text and emphasize key sections. 

1. Accepting the Terms of Service

Please read these Terms of Service, our Privacy Policy, and our Community Guidelines(collectively, the «Agreement») carefully before using Padlet.com (the «Site») and/or the other domains, products, services, and/or content provided by Wallwisher, Inc. (all of those collectively with the Site, the «Services») (Wallwisher, Inc., a Delaware corporation, collectively with its agents, consultants, employees, officers and directors, «Padlet,» «we,» or «us»). By using or accessing the Services, you («Subscriber» or «you») agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t and aren’t permitted to use the Services. 

2. Modifications to this Agreement

Padlet reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via e-mail where practicable, and otherwise through the Services (such as through a notification in your Padlet Profile). You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Padlet received your prepayment. 

As Padlet grows and improves, we might have to make changes to the Terms of Service. When we do, we’ll let you know. Starting with this version, we’re also going to make it a practice to post old versions so it’s easy to see changes/additions/deletions.

3. Use of the Services

Can kids use Padlet? Of course, but Padlet is not currently directed to children and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. In the United States, if you are the sponsor of a Sponsored Group (the “Sponsor”), including a School that is using Padlet, that includes children under the age of 13, you (or your school) assumes the responsibility for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the Service the personal information of children under the age of 13 in order to establish an account or use the Service. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm. If you are outside of the United States, please ensure that you are complying with any laws applicable to you before submitting any child’s personal information or permitting any child to submit personal information to us. If a school outside the United States wants to enable its students to use Padlet, Padlet will work with such schools on case by case basis to ensure compliance with any applicable laws regarding the collection of information from minors. 

Service Changes and Limitations: The Services change frequently, and their form and functionality may change without prior notice to you. Padlet retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Padlet may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Padlet may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Padlet may also suspend Accounts (as defined below) at any time, in its sole discretion. 

This section makes it clear that Padlet is an ever-evolving platform. With new products, services, and features launching all the time, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings (like features that flop). We can also suspend any individual account at any time. That sounds harsh, but we only use that power when we have a reason, as outlined in these Terms of Service, our Privacy Policy, and our Community Guidelines.

Limitations on Automated Use: You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Padlet and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Padlet (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Padlet, or unless permitted by Padlet’s robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Padlet’s express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services. 

Don’t do bad things to Padlet or other users. Some particularly egregious examples of automated «bad things» are listed in this section.

4. Registration, Padlet URLs, and Security

As a condition to using certain of the Services, you may be required to create an account (an » Account«) and select a password and Padlet username. You may also select new Padlet URLs (of the form padlet.com/wall/”example”) for each blog you create. You should provide Padlet with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account. 

It’s really important that the email address associated with your Padlet Account is accurate and up-to-date. If you ever forget your password – or worse, fall victim to a malicious phishing attack – a working email address is often the only way for us to recover your account.

You agree that you shall not select or use as a Padlet URL a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. Padlet reserves the right to refuse registration of, cancel, or modify a Padlet URL in its sole discretion. 

Don’t choose a Padlet URL with the intention of impersonating someone/something or otherwise causing confusion about who’s behind your blog. Parody, criticism, and other fair uses of others’ names are fine, so long as there’s no intention to impersonate or confuse.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Padlet immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password. 

5. Privacy

Any information you provide to Padlet is subject to Padlet’s  Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. 

6. Content and Subscriber Content

Definitions: For purposes of this Agreement: (1) the term «Content» means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term «Subscriber Content» is all Content that is posted or otherwise provided or transferred to the Services by a Subscriber (including, without limitation, by you); and Content also includes, without limitation, all Subscriber Content. 

Ownership: Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and Padlet and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content. 

You retain ownership of any intellectual property you post to Padlet.

Subscriber Content License to Padlet: When you transfer Subscriber Content to Padlet through the Services, you give Padlet a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), such Subscriber Content. The rights you grant in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing Padlet to develop new Services. 

When you upload your creations to Padlet, you grant us a license to make that content available in the ways you’d expect from using our services (for example, via your blog, RSS, the Padlets Dashboard, etc.). We never want to do anything with your content that surprises you.

Something else worth noting: We’re thrilled to offer our support as a platform for our creators, and we’d never claim to be entitled to royalties or reimbursement for the success of what you’ve created. It’s your work, and we’re proud to be a part (however small) of what you accomplish.

You also agree that this license includes the right for Padlet to make all publicly-posted Content available to third parties selected by Padlet, so that those third parties can distribute and/or analyze such Content on other media and services. 

An example of what it means to «make all publicly-posted Content available» to a Padlet partner for distribution or analysis would be if we licensed a feed of already-publicly-available Content to a partner, similar to how Twitter makes feeds available through its Streaming API.

Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services – when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others. 

One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.

You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all Subscriber Content you submit to the Services. 

Compliance with Community Guidelines: You agree that you won’t post Subscriber Content that violates, or otherwise use your Account in ways that violate, Padlet’s Community Guidelines. 

Termination and Deletion: On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, Padlet shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; and (b) such removed Subscriber Content may persist in backups (not available to others) for a reasonable period of time. 

7. Use of Trademarks

Any use of Padlet’s trademarks, branding, logos and other such assets in connection with the Services shall be in accordance with the Padlet  Trademark Guidelines. 

8. Warranty Disclaimer; Services Available on an «AS-IS» Basis

Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN «AS IS» AND «AS AVAILABLE» BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, PADLET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Padlet makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Padlet also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Padlet or through the Services, will create any warranty not expressly made herein. 

9. Release From Liability

You release, to the fullest extent permitted by law, Padlet, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: 

• Disputes between Subscribers, including those between you and other Subscribers.
• Third party sites and services, including content found on such sites and services.
• Disputes concerning any use of or action taken using your Account by you or a third party.
• Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
• Claims relating to in any way to any face-to-face meetings in any way related to Padlet at any venues. 

If you are a California resident, you waive California Civil Code §1542, which says: «A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.» 

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PADLET, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PADLET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PADLET AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S). 

11. Exclusions to Warranties and Limitation of Liability

Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you. 

12. Termination

Either party may terminate this Agreement at any time by notifying the other party. Padlet may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Padlet may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Padlet or any third party. 

13. Legal Disputes

You and Padlet agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Padlet otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution. 

Law and Forum for Legal Disputes: This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Padlet must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, San Francisco for the purpose of litigating all such claims or disputes. 

14. Miscellaneous

This Agreement, as modified from time to time, constitutes the entire agreement between you and Padlet with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Padlet’s prior written consent. Padlet may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Padlet in any respect whatsoever. Any notice to Padlet that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Wallwisher, Inc., 175 Acalanes Drive, #31, Sunnyvale, CA, USA, Attn: Legal Department. 

15. Special Provisions for Subscribers Located Outside of the United States

Padlet provides global products and services and enables a global community for individuals to share and follow the things they love. Padlet’s operations are, however, located in the United States, and Padlet’s policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of «Specially Designated Nationals,» you agree that you will not conduct any commercial activities using or through the Services. 

16. DMCA Copyright Policy

Padlet has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the «DMCA»). The address of Padlet’s Designated Agent for copyright takedown notices («Designated Agent») is listed below. 

Reporting Instances of Copyright Infringement: If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below: 

1. Identification of the work or material being infringed. 
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Padlet is capable of finding it and verifying its existence.
3. Contact information for the notifying party (the «Notifying Party»), including name, address, telephone number and e-mail address.
4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. 

After removing material pursuant to a valid DMCA notice, Padlet will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Padlet reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications. 

Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Padlet by providing the following information to the Designated Agent at the address below:

• The specific URLs of material that Padlet has removed or to which Padlet has disabled access. 
• Your name, address, telephone number, and email address. 
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. 
• The following statement: «I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.» 
• Your signature. 

Upon receipt of a valid counter-notification, Padlet will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Padlet does not receive any such notification within ten (10) days, we may restore the material to the Services. 

Designated Agent
Wallwisher, Inc. 
981 Mission St, San Francisco, CA 94103
Attn: Copyright Agent 
Email: hello@padlet.com

 

Luego de leer más de 8.000 palabras, surge toda la información que necesitamos sobre lo que nos pidió María Brea que averiguemos:

• ¿Qué pasa ante una actualización de los términos y condiciones por parte de la compañía?
  • El servicio cambia frecuentemente, sin aviso previo al consumidor.
• ¿Qué datos personales recoge el servicio?
  • Datos personales y de nuestro dispositivo.
• ¿Qué tratamiento hace de esos datos y si se reserva el derecho a venderlos/cederlos a terceros?
  • Dice que no.
• ¿Utiliza cookies y tecnologías afines?
  • Sí, como todas las apps y servicios, actualmente.
• ¿Quién es dueño del contenido y los datos que subes o produces en el uso del servicio?
  • El usuario.
• ¿Qué pasa si te desuscribes del servicio? ¿Puedes pedir que borren todos tus datos?
  • Dicen que sí.
• En caso de conflicto, ¿qué jurisdicción es aplicable?
  • Condado de San Frncisco, en California, EE.UU.

Recién ahora puedo elegir el plan o membresía que quiero, básico (gratuito) o pro (pago).

Y recién ahí pude acceder al muro del servicio:

E inmediatamente me llegó el correo de bienvenida, confirmando todo lo anterior: YA TENÍAN MI INFORMACIÓN Y ACCEDIERON A MI COMPUTADORA.

 

Ahora, ¡a reclamar a California! … y a María Brea …