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Terms and Conditions This section sets forth the policies and conditions applicable to users when they use or access any of our services. These are divided into General conditions applicable to all Skitude services, including the simple browsing of our websites. Paragraphs relating to certain specific conditions will only apply when the relevant functions being regulated are used. Specific conditions of SKITUDE PREMIUM that are conditionally applicable to the user’s subscription to or use of the Skitude Premium service. Specific conditions of SKITUDE INSTANT ACCESS / SKIOO that are conditionally applicable to the user’s use or subscription to the Skitude Instant Access/Skioo services. Applicable policy regarding the processing of the user's personal data and privacy that provides information on the processing of the user’s personal data in relation to the use of our services. 1. General terms and conditions Effective date: These Skitude Services Terms and Conditions, including the general and specific conditions applicable to certain services (hereinafter jointly referred to as the "Terms and Conditions" or the "Conditions"), regulate access to and the use of our services, including their linked websites, the Skitude app, the smartphone snow and mountain apps developed by Skitude, the Skitude Instant Access/Skioo cards and our complementary services as outlined herein (jointly referred to as "Skitude Services"). 1.1. Welcome! The Skitude Group offers services related to its digital platform for the monitoring, gamification and sharing of skiing, snowboarding and other outdoor activity experiences through a range of smartphone apps, access to ski resorts through Skitude Instant Access and the purchase of ski passes and other ski resort services. By registering or using any of the Skitude Services, the user declares that they have read, understood and accepted these Terms and Conditions. Similarly, the acceptance of the following policies is an essential and obligatory pre-condition: Privacy Policy and Cookies Policy 1.1.1. Who are we? The Skitude Group (hereinafter "we", "Skitude") provides its services through its associate companies: SKITUDE HOLDING AS, registered under number 916 539 754, with head offices at Karenslyst alle 9A, 0278 Oslo, Norway; SKITUDE TECHNOLOGIES S.L., listed in the Barcelona Companies Register, Volume 44312, Folio 123, Page B-452473, Entry 1, the bearer of Tax Identification Number CIF B-66281593 and with registered offices at Carretera Antiga d'Amer 10 2º B, 17007 Girona, Spain. The snow and mountain information and notification system offered through our web pages and smartphone apps have been developed by Skitude. 1.1.2. Acceptance of the terms and conditions By creating your user account on the smartphone app and/or website, and selecting the ‘Accept Terms and Conditions and Privacy Policy’ box: (i) you undertake to respect all Terms and Conditions applicable to Skitude Services, and (ii) give your consent to Skitude’s use of your personal data within the conditions set forth in the Privacy Policy. If you do not accept any of the provisions described in the Terms and Conditions, you should not check the box accepting them. The Terms and Conditions form a whole and must be accepted in their entirety. 1.1.3. Amendment of the terms and conditions Skitude reserves the right at any time to amend the Terms and Conditions, the features of its smartphone apps and/or website and the services we offer. Skitude undertakes to provide notification of any such changes using the means considered most convenient. Skitude reserves the right to suggest new services that are subject to payment or amend the payment terms for services provided through smartphone apps, the website or other means such as Instant Access cards. 1.2. Skitude Services 1.2.1. User account In order to subscribe to and benefit from the smartphone and web services offered by Skitude, each user must create a user account, providing the personal data that is required in order to provide the service. In order to create a Skitude account you need to be of legal age. Users certify that they are of legal age when registering for or using any of the Skitude Services, including Instant Access cards and any of our online stores. 1.2.2. Services provided Skitude offers services related to its digital platform for the monitoring, gamification and sharing of skiing, snowboarding and other outdoor activity experiences through a range of smartphone apps, access to ski resorts through Skitude Instant Access and the purchase of ski passes and other ski services. Skitude’s commercial offer is complemented with a set of location and navigation services specially designed for mountain destinations, as well as information on ski resorts worldwide. 1.2.2.1. Information services: Skitude’s mobile applications and website provide real-time and geolocated information on ski resorts around the world: lift, slope and snow conditions, weather forecasts etc. Skitude’s mobile apps and website are therefore the medium through which information is provided, although not the source that generated the content. Skitude indicates the source of information in each case through the means it deems appropriate, while remaining exempt from any liability if the information provided is not sufficiently accurate. 1.2.2.2. Monitoring services: Skitude smartphone apps record all relevant skiing, snow and other outdoor activity information (distance, altitude, elapsed time, average speed, maximum speed and skiing) on the same device. This information (tracks, photos, contacts and statistics) is stored on the user's mobile device and can also be saved directly in the cloud, sharing it with the community and with the user profile accessible through Skitude.com. It should be borne in mind that for the activity record, information provided by the GPS system on the user's mobile device is used. Skitude shall be held free of all liability if this does not work properly, is not activated or does not provide accurate geographical data. 1.2.2.3. Gamification services: Skitude facilitates the hosting of competitions at your ski and mountain resort, based on the tracks, photos and statistics recorded by users, as well as competitions sponsored by commercial brands, typically equipment manufacturers. To find out about the types of contests and competitions and the way they work, see the specific conditions for Challenges and Timed Routes below. 1.2.2.4. Sharing services on social and other media: Skitude makes it easy for you share the content created at your ski and mountain resort via Facebook, Twitter, Skitude, WhatsApp, email and other social media. 1.2.2.5. Positioning and navigation services: Skitude provides a set of positioning and navigation tools that are specially designed for use on the mountain: SOS emergency service calls, putting the user in touch with the emergency services and providing the coordinates of their location, place of interest finder etc. In all cases, these tools are for guidance only and should always be compared with other information systems available to the user. Skitude shall be held free of all liability in the event of any accident or disorientation suffered by the user. 1.2.2.6. Personalised communication services: Through Skitude’s smartphone apps, users can receive push notifications providing information of interest related to winter and snow activities, having first given their authorisation thereto. Through this, the user also gives their authorisation to receive newsletter-type mailings from ski resorts and/or Skitude. The user will be able to opt out from this on when receiving the aforesaid newsletters. 1.2.2.7. "Skitude Premium" Service: through subscription to this service, the user is provided with functions that improve Skitude services in order to get the most out of the platform. For further information, please refer to the Specific Conditions. 1.2.2.8 “Skitude Instant Access / Skioo” Service: as a user of our services, you can benefit from the Skitude Instant Access and Skioo cards, which give you direct access to ski resorts without having to pay at the ticket office with payment by using pre-paid cards (the top-up smart card method) or through automatic payment (the pay-per-use method).. For further information, please refer to the Specific Conditions. 1.3. Correct use of the Services As a user, you undertake to make proper, diligent and lawful use of our services, meaning that, among other things: (i) you shall use the services for the purposes for which they are intended, refraining from any use of the Skitude website, apps and/or its contents that is contrary to law, public order and morals or generally accepted good practice. You therefore may not host, store, disclose, publish, distribute or share any materials or information that is illegal, racist, obscene, pornographic, abusive, deceptive, fraudulent, nor use the service to intimidate, threaten, harass or violate the image of other users. (ii) you shall respect intellectual property rights regarding services and content, including those belonging to Skitude. (iii) you may not introduce computer viruses, defective files or software that may cause damage or alterations in Skitude content, programs or systems. (iv) you may not use the service to send advertising or commercial material without the express permission of Skitude. (v) you may not request personal information or passwords from other platform users, create a false identity or create a profile on behalf of another person. (vi) Skitude shall not be held responsible for the content and images posted by its users. As stated in Section 4 below, if Skitude identifies content that is not able to be published, it reserves the right to remove such content as soon as it becomes aware of it and is able to delete it. (vii) Skitude reserves the right to remove or invalidate any activity meant to falsify or distort personal statistics or challenge results. (viii) Skitude Instant Access/Skioo cards are linked to the user's identification and to the system chosen to make payment in such a way that it will be personal and non-transferable. They may only be used by the named user. 1.4. Interruption and suspension of access to smartphone apps and/or website service In certain circumstances as outlined below, you acknowledge and agree that Skitude may, at any time and without prior notice, terminate, interrupt or suspend, either temporarily or permanently, all or part of its smartphone app and/or website services, including termination or suspension of your user account at any time should we detect any of the following: a) a breach of these Terms and Conditions; b) the user having acted contrary to the law or in a way that may cause damage to Skitude or any of its users or associates; c) the legal obligation or requirement from bodies empowered to do so; d) non-payment of any of the amounts owed in relation to the use of services; e) technical issues or service interruptions. 1.5. Intellectual and industrial property rights The trademarks Skitude and Skioo, as well as the distinctive signs and logos that accompany them, are creations of the companies that constitute Skitude, which exclusively holds all intellectual and/or industrial property rights granted through current legislation. The design of the whole website and all its content (text, graphics, logos, drawings, photographs, software, source code etc.) are also the exclusive property of Skitude which exclusively holds the full extent of all intellectual and/or industrial property rights (i.e. the legal duration of such rights worldwide and to any and all forms of use) thereto or, alternatively, has been duly licensed to use the aforesaid rights by their rightful owners. The use (reproduction, distribution, public communication, making available to the public and/or transformation, including translation) of all website intellectual property by any means is therefore strictly prohibited without Skitude’s prior written authorisation. Any breach of the foregoing is subject to the imposition of legally-established civil and criminal penalties. 1.6. Skitude’s liability Skitude reserves the right to temporarily interrupt access to its services at any time and without notice, where this is necessary for technical, security, control and maintenance reasons. Skitude may not be held liable for: Website interruptions, delays or malfunctions, as well as any damages that may result therefrom, arising from causes beyond Skitude’s control (including power failure, lack of access to communication networks, hackers, viruses or other harmful elements), force majeure or guilty or wilful misconduct by the user. The termination or suspension of the contract or the user's access to Skitude Services pursuant to the provisions set forth in Paragraph 4 herein. Damages of any nature arising from the lack of truthfulness, accuracy, completeness and/or timeliness of the information provided by the user. Damages of any kind arising from the user's access to third-party websites to which they have been sent through links provided on the Skitude website: The external links provided are intended to inform you of other sources of information that complements that provided on our website. While we always try to refer to reliable sources, these sites are the property and responsibility of their respective owners. Damages arising from the malfunction of services attributable to software provided or executed by third parties which is either an integrated part of the Skitude service or provided in a separate or complementary manner, including any failure of the enabled payment system. 1.7. Cookies Skitude uses its own and third-party cookies to provide analysis of the use of our services, your activity online and to offer advertising tailored to your interests and share content on your other social media profiles. 1.8. Special conditions applicable to Challenges 1.8.1. WHAT ARE CHALLENGES? Challenges are competitions designed to promote snow and mountain activities, at both a local and worldwide level. As an added bonus, these challenges give you the chance to win prizes. Snow and mountain activities carry a risk. When you participate in these challenges, remember that your safety and that of others is the number one priority. In all cases, your participation in the challenges is at your own risk. 1.8.2. WHO PROMOTES AND SPONSORS THEM? Challenges may be promoted by ski and mountain resorts, Skitude itself or may be sponsored by commercial brands, typically equipment manufacturers. 1.8.3. HOW CAN I TAKE PART? You must be 18 years of age or older to take part. Taking part in the competitions is absolutely free, although you have to be logged into a My Skitude account. Participation can be manual or automatic. If you register your activity through an app, you will automatically enter the ranking applicable to the different challenges and the resort you are at. Participation will only always be manual in the challenges sponsored by commercial brands. Important! Before signing up for a challenge, make sure you have the latest version of the smartphone app and that your device's GPS is enabled. 1.8.4. HOW ARE THE WINNERS CHOSEN? Once you have signed up to a challenge, only GPS tracking during the valid challenge period will be entered into the competition. Synchronisation of GPS tracking and photos with the Skitude Cloud and publication on Skitude social media is performed automatically when the mobile device has a sufficiently strong internet connection. Once you have signed up to a challenge, only the GPS tracking and/or photographs published on Skitude during the valid challenge period will be entered into the competition. Skitude will not be liable for any problems arising from the acquisition and transmission of data. In case of a tie between two or more results, classification order is determined based on the date the registration/milestone was achieved, from the oldest to the most recent. Skitude guarantees fair play by validating the results of the winner in order to ensure that challenge requirements have been met. If they are deemed to be false or fraudulent, a new winner will be chosen. During the course of the challenge, Skitude reserves the right to make the validations and the corresponding adjustments to the results it considers appropriate. 1.8.5. HOW ARE THE WINNERS ANNOUNCED? The winners will be notified via the email address linked to their My Skitude account profile and announced publicly by the corresponding channels in each case. 1.8.6. THE PROCESSING OF PERSONAL DATA FROM CHALLENGES The participants’ personal data are incorporated into Skitude's files. Participation in the competition also requires the mandatory acceptance of: Skitude’s General Terms and Conditions and Privacy Policy. The dissemination of identity and image through communication channels, on Skitude social media profiles and on those of the competition promoter, including the public announcement of the winners. The communication of participant data, including user name and contact data, in order to receive newsletters and commercial information from sponsors. Providing the winner’s data to the sponsor in order to be contacted and sent the prize 1.8.7. WHO AWARDS THE PRIZES? The promoter or sponsor of the challenge will be responsible for delivering the challenge prizes. There may be changes thereto depending on stock. The prizes will be delivered in the way that they see fit. We remind you that the number of prizes in each case is limited. Under no circumstances will the prize be replaced by its monetary value. 1.8.8. PLEASE BEAR IN MIND Apple is not a sponsor, nor is it involved with the challenges in any way. 1.9. Special Conditions for the Timed Routes 1.9.1. WHAT IS A TIMED ROUTE? Timed routes are a type of challenge, a competition that is designed to promote the area in which they are held through healthy physical activity. Snow and mountain activities carry a risk. When you participate in these challenges, remember that your safety and that of others is the number one priority. In all cases, your participation in the challenges is at your own risk. 1.9.2. WHO PROMOTES AND SPONSORS THEM? Timed routes may be promoted by ski and mountain resorts, Skitude itself, or may be sponsored by commercial brands, typically equipment manufacturers. 1.9.3. HOW CAN I TAKE PART? You must be 18 years of age or older to take part. Participation in the timed routes is absolutely free, although you must be logged into your My Skitude account through the app. Participation will be manual through the reading of the QR code at the start of the route, following the instructions on the notice. It may also be automatic. If you register your activity through an app, your result for the timed route will automatically be entered if you have completed the entire course. The route will have an associated ranking, where the best times for each of the participants will be shown, as long as their participation has been correctly registered and synchronised. Important! Before signing up for a challenge, make sure you have the latest version of the smartphone app and that your device's GPS is enabled. 1.9.4. HOW ARE THE WINNERS CHOSEN? The winner will be the competitor who has recorded the lowest time in each category. Once you have signed up to a challenge, only GPS tracking during the valid challenge period will be entered into the competition. GPS tracks are automatically synchronised when the mobile device has a sufficiently good Internet connection. Once you have signed up to a challenge, only the GPS tracking during the valid challenge period will be entered into the competition. Skitude will not be liable for any problems arising from the acquisition and transmission of data. In case of a tie between two or more results, classification order is determined based on the date the registration/milestone was achieved, from the oldest to the most recent. Skitude guarantees fair play by validating the results of the winner in order to ensure that challenge requirements have been met. If they are deemed to be false or fraudulent, a new winner will be chosen. During the course of the challenge, Skitude reserves the right to make the validations and the corresponding adjustments to the results it considers appropriate. 1.9.5. HOW ARE THE WINNERS ANNOUNCED? The winners will be notified via the email address linked to their My Skitude account profile and announced publicly by the corresponding channels in each case. 1.9.6. THE PROCESSING OF PERSONAL DATA FROM TIMED ROUTES The participants’ personal data will be passed on to Skitude. Participation in the competition also requires the mandatory acceptance of: The Terms and Conditions, which include the particular characteristics of the routes and Skitude’s Privacy Policy. The dissemination of identity and image through communication channels, on Skitude social media profiles and on those of the competition promoter, including the public announcement of the winners. The communication of participant data, including user name and contact data, in order to receive newsletters and commercial information from sponsors. Providing the winner’s data to the sponsor in order to be contacted and sent the prize 1.9.7. WHO AWARDS THE PRIZES? The promoter or sponsor of the timed route will be responsible for delivering the challenge prizes. There may be changes thereto depending on stock. The prizes will be delivered in the way that they see fit. We remind you that the number of prizes in each case is limited. Under no circumstances will the prize be replaced by its monetary value. 1.9.8. PLEASE BEAR IN MIND Apple is not a sponsor, nor is it involved in any way in the organisation of the challenges. 1.10. Communication, customer service and technical support Communication with Skitude may be through any of the following channels: By email to usersupport@skitudeservices.com (Skitude accounts) or support@skioo.com (Skioo accounts). By telephone (+34) 518 888 823/(+41) 840 000 006 Via website form. For further information or in the event of any queries concerning these Terms and Conditions or technical issues with the Skitude platform and its services, please contact usersupport@skitudeservices.com or go to https://www.skitude.com/es/contacto. 1.11. Applicable legislation and jurisdiction The Terms and Conditions applicable to Skitude Services, including these General Conditions and the specific Conditions covering certain services, will be interpreted and governed in accordance with Spanish law. The law applicable to the contract will, however, be selected without detriment to any mandatory regulation determined by a different applicable law, fully abiding by the level of protection offered by the mandatory provisions of the consumer’s country of residence. As a result thereof, these terms will not restrict any protection to which the consumer may be entitled under the current legislation in their country of residence. The two parties agree to submit to the non-exclusive jurisdiction of Spanish courts, meaning that the user/subscriber may claim their rights as a consumer in relation to these terms and conditions both in Spain and in their country of residence in the cases of consumers residing in the European Union and consumers from third countries, when thus established by a mandatory regulation or jurisdiction. 1.12. Alternative conflict resolution Pursuant to the provisions of Article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, where the purchaser has the status of a consumer, we hereby inform you of the existence of an online out-of-court conflict resolution platform provided by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage and through which any complaints may be lodged. 2. Specific conditions applicable to SKITUDE PREMIUM Welcome to SKITUDE PREMIUM! The SKITUDE PREMIUM service terms and conditions regulate the parties’ obligations and rights inherent in the contractual relationship between Skitude and the user/subscriber, once the latter acquires the service. These specific terms and conditions, together with the Skitude Services General Terms and Conditions, constitute the entirety of the provisions governing the contract entered into between users and Skitude with respect to the Premium Service. You can see information regarding the processing of your personal data in the corresponding section of our privacy policy. 2.1. Our SKITUDE PREMIUM service Skitude Premium is a subscription service enabling its users and subscribers to enjoy benefits and other features that enable them to enjoy the full potential of the SKITUDE platform. To this end, we provide the following services and features: 3D slope map: view and find out more about the facilities at your resort in a 3D environment. 3D display of your activity: you will be able to watch videos of the tracks you have completed in a 3D environment. Advanced statistics: access statistics that allow you to analyse the slopes you have skied down, see details of their difficulty and the milestones you have reached. Speed maps: the tracks recorded are displayed by applying speed-related colour classifications. The services provided by Skitude are based on real-time downloads and online content. As a result, the use of certain functions will require an internet connection and, where applicable, access to the device’s geolocation data. For simple access to the Skitude platform through the website, an active Internet connection will be required. Use of SKITUDE PREMIUM features does not require any additional technical requirements to be taken into account by users before they subscribe to the service. 2.2 Subscription and duration of the service Your SKITUDE PREMIUM service will be set up in accordance with the package you choose at the time you subscribe to it. To use the platform and gain access to the Premium Service you will need a compatible device and to provide a payment method, duly making the payment in accordance therewith. Before you make the payment and subscribe to the service you will be informed of the subscription categories available in relation to the duration of the contract: monthly subscription or annual subscription. In the event that subscription packages other than those referred to above (including promotional subscriptions) are available, different terms and conditions and restrictions may be applicable. These will be stated at the time you subscribe to the service or else set out in the authorised sections available for consultation. You can subscribe to the service via the SKITUDE app, SKITUDE-compatible apps and the website by following the instructions and steps indicated. a) If you subscribe to SKITUDE PREMIUM via www.skitude.com, you can check the status of your subscription at any time by logging into the website with your user name and password via the “Subscription” section of your profile settings. b) If you have subscribed to SKITUDE PREMIUM via an app, you can check your subscription status at any time by accessing Google Play subscription management (Android apps) or App Store (iOS apps). 2.3. Automatic Renewal Your subscription will be on-going from month-to-month or year-to-year, depending on the package chosen. It will therefore automatically renew unless you cancel it or disable its automatic renewal at any time, at least 24 hours before the end of the contracted subscription period (see “Service Cancellation” section). Otherwise, you authorise us to charge the subscription fee corresponding to the following period based on the type of subscription (annual or monthly), by means of the accepted payment method. If you have subscribed to SKITUDE PREMIUM via www.skitude.com you can cancel the automatic renewal by going to www.skitude.com logging in with your username and password via 🡪 User Panel 🡪 Settings 🡪 Subscription. In this section, you need to go to “Change subscription” and then access “Cancel subscription to Premium” in the bottom part of the settings. Your subscription will continue until you are required to make the next payment. It will then end. In the User Panel 🡪 Settings 🡪 Subscription section of the website, you can check the details of the subscription package you have subscribed to, the corresponding cost and the date when your subscription will terminate. If you have subscribed to SKITUDE PREMIUM via an app, you can check or cancel the automatic renewal by going to Google Play subscription management for Android apps (further information at https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=es) or App Store for iOS apps (further information at https://support.apple.com/es-es/HT202039). At SKITUDE, we are committed to maintaining the Premium Service provision and, as appropriate, to updating it during the period of your subscription. 2.4. Invoicing and payments Costs per billing period: the price or subscription cost indicated when you subscribe to the service includes taxes and potential transaction fees, and constitutes the total billing period cost. This fee will be invoiced when the subscription starts or on the first corresponding calendar day and then on a monthly or annual basis in the event of automatic renewal, depending on the type of subscription initially selected. Payment methods: to subscribe to SKITUDE PREMIUM, you must provide one of the payment methods available or accepted; these may vary, depending on the channel used for the subscription process. For the app version: Payment via Google Play or App Store. For the online version: Payment by credit or debit card through the enabled gateway. Payment with PayPal account or credit or debit card through gateway enabled with PayPal. Payments can be made via the Google Play platforms managed by Google LLC, via App Store, managed by Apple Inc, via virtual POS terminals, managed by Banco Sabadell S.A., and via PayPal, managed by PayPal Holdings, Inc. (companies entirely independent of Skitude). The above are completely secure platforms, meaning the data the user/subscriber provides thereto for the purpose of making a payment may only be accessed and processed by the selected payment entity. In other words, SKITUDE will not receive or process your bank card data. For further information, please see our privacy policy. To perform the transaction successfully, the user must follow the instructions displayed during each stage of the process. The system will allow you to obtain proof of the transaction once completed. If you subscribe to SKITUDE PREMIUM via a resort app, it will be able to receive and process the information for payment management purposes. 2.5. Trial period Your subscription to the SKITUDE PREMIUM service can start, when requested, with a free trial which allows SKITUDE platform users to try out the advantages and features available. The trial period will last seven days or the time established when the subscription is taken out and will be subject to these terms and conditions, unless other terms and conditions subject to a special offer are indicated. The start of the trial period involves subscribing to the service and, consequently, the user’s acceptance of the payment obligations which will be accrued once the specified period has come to an end. At the end of the free trial period, we will charge you the cost of your annual or monthly subscription, unless you cancel your subscription at any time prior to the end of the above-mentioned trial period. 2.6. Cancellation of the subscription You can cancel your subscription to SKITUDE PREMIUM at any time and continue enjoying the premium advantages and features until the end of the annual or monthly billing period. When the subscription period ends, the Premium Service will be disabled and you will still keep your free account on the SKITUDE platform. You can reactivate the subscription at any time, in accordance with the terms and conditions established when reactivated. The subscription must be cancelled on the same platform where the service billing details are on file (Google Play, App Store or www.skitude.com). a) If you subscribe to SKITUDE PREMIUM via www.skitude.com you can cancel the automatic renewal by going to www.skitude.com, logging in with your username and password via User Panel > Settings > Subscription. In this section, you need to go to “Change subscription” and then access “Cancel subscription to Premium” in the bottom part of the settings. Your subscription will continue until you are required to make the next payment. It will then end. b) If you subscribe to SKITUDE PREMIUM via an app, you can check the automatic renewal by going to Google Play subscription management for Android apps (further information at https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=es) or App Store for iOS Apps (further information at https://support.apple.com/es-es/HT202039). 2.7. Right of withdrawal Depending on the type of contract and its features, when you subscribe to the service, you expressly request and authorise us to start providing the SKITUDE PREMIUM service immediately within a 14-day withdrawal period. In this event, you will lose your right to withdrawal, without prejudice to any other provisions acknowledged in these terms and conditions. 2.8. Termination of the contract SKITUDE reserves the right to terminate the user’s subscription to the SKITUDE PREMIUM service with 14 days’ prior notice. In this event, we will issue a refund of your SKITUDE PREMIUM service subscription fee, based on the time remaining before the end of the current subscription. Similarly, the user/subscriber consents to SKITUDE proceeding to immediately terminate the contract if we consider that the former’s use of the Premium Service breaches the Skitude Services Terms and Conditions or any applicable laws. In these cases, the termination of the contract will not entail any kind of refund, and you will be informed of your right to appeal against the decision. More information in the Skitude Services General Service Terms and Conditions, which also extend to SKITUDE PREMIUM. 3. Specific conditions of SKITUDE INSTANT ACCESS / SKIOO This section provides information on the Skitude Instant Access / SKIOO service, laying down the conditions of the service and regulating the obligations and rights of the parties. Validation for the use of the service is subject to your acceptance and compliance, so if you do not agree with these conditions, please do not use the Skitude Instant Access / SKIOO services. The specific Conditions included in this section, plus Skitude's General Conditions of Service, together constitute the entirety of the provisions governing the contract between users and Skitude with regard to the Skitude Instant Access/SKIOO service. You can see the information regarding the processing of your personal data in the corresponding section of our Privacy Policy. 3.1. Our service Skitude Instant Access / SKIOO The "Skitude Instant Access/SKIOO" service allows you to immediately access any compatible ski resort, avoiding queues, through the Skitude Instant Access/SKIOO cards. Any user registered on the Skitude platform may link at least one Skitude Instant Access / SKIOO card to their account. This card will be provided to the user and must be carried by the user in order to access the facilities of compatible resorts through the access control portal. Specifically, the SKIOO service offers the user the same advantages and functions described in the previous paragraph, but remains the exclusive service for users in Switzerland and managed directly by the SKIOO SA entity. The user will obtain the SKIOO card once they have registered on the SKIOO platform and accepted the Terms and Conditions. 3.2. Contracting and duration of the service The contract starts when the user links their pass with the user's Skitude account or registers with SKIOO and will be extended indefinitely. In order to do so, the user must follow the steps indicated on the different screens and must choose a payment or service method and accept these conditions of use prior to contracting. Contracting the service by linking your ski pass to your Skitude account or through your SKIOO registration will only be charged or access to ski resorts charged in due time according to the prices given. 3.3. Methods and procedure for payment To benefit from the services of Skitude Instant Access / SKIOO, you can select the following payment methods to be chosen when linking your pass to the Skitude account or when contracting the SKIOO service: Automatic payment: your credit/debit card will be linked to your Skitude / SKIOO account so that charges will be made automatically when you access the resorts. Wallet or prepaid: the user can provide funds to their Skitude / SKIOO account that can be used only for products added to the service. The balance added to the user's account can be used for a period of 24 months (see "Cancellation of service" section). The payment process for using the service is made through Datatrans or any secure payment service provider authorised for future changes, which in any case will provide the secure payment platform through an SSL protocol. Customer's credit card details are automatically sent to servers and banks. The payment service provider records all credit card details in accordance with the Payment Card Industry Security Standard (PCI-DSS). Skitude does not have access to card data at any time, as this data is encrypted and protected by the payment service provider. To perform the transaction or link the credit/debit card successfully, the user must follow the instructions displayed during each stage of the process. Each time a payment is made, a confirmation email will be sent with the order details and the specific order confirmation number. An order will only be approved when the payment banks in question accept the payment. If rejected by the entity, the order will be automatically cancelled and the customer will be notified by email. Skitude reserves the right to reject any request from a user with pending disputes. 3.4 Prices The price reported when the Skitude Instant Access / SKIOO cards are purchased includes taxes and any transaction fees, and is the total billing period cost. The prices applied by Skitude when using the service are identical in all respects to the prices offered by compatible ski resorts, except for seasonal fares, resident fares or combined fares for passes for several non-consecutive days, as Skitude does not offer these fare combinations. In the event of a discrepancy between the rate billed by Skitude and that provided by the resort, the case will be handled as follows: In the event of a discrepancy in favour of the user, the difference shall be paid to the user within 30 days, at the request of the Client and after evidence is provided. In case of discrepancy in favour of Skitude, Skitude reserves the right to request the amount owed from the user. The user can change the payment method at any time through their account, and unlink the card at any time. This can be done in the 'Payment Methods' section. When the card is unlinked, you can top up your Instant Access card with the amount you want by clicking on the 'Preload' button. 3.5. Cancellation of service How to unsubscribe your card in your Skioo/Skitude Instant Access profile Login to your Skioo/Skitude account In the menu on the left, go to 'Payment Methods' Select the 'X' to remove the card that is linked to you How to unsubscribe from your Skioo/Skitude Instant Access account You must send an email to the following addresses requesting the account closure: Skioo Instant Access Account support@skioo.com Skitude Instant Access Account usersupport@skitudeservices.com The Customer Service department will check that there is no amount 3.6. Withdrawal Concerning the purchase of your pass or right of access to the resorts compatible with the Skitude Instant Access / SKIOO card, and to get immediate access to the facilities, we inform you that the service has a specific execution period, which is the date when the user accesses the resort. The right of withdrawal will therefore not apply. Considering the above, when the user has accessed via the resort access door, the service becomes irrevocable. The Skitude Instant Access / SKIOO service is limited to providing a form of quick access to linked resorts and facilitating user payment. Therefore, Skitude is not responsible for your time in the facilities, including exceptional circumstances such as illness, accidents, closure of slopes or lifts and/or adverse weather conditions. In exceptional circumstances, Skitude will act in accordance with the terms and conditions of the respective compatible complexes or resorts. 3.7. Termination of the contract. Similarly, the user consents to Skitude proceeding to immediately terminate the contract if we consider that the former’s use of the service breaches these conditions or any applicable laws. The conditions include the fact that the cardholder can only benefit from the Service if their identity matches that indicated in their Skitude profile. In these cases, the termination of the contract may lead to the immediate cancellation of the user's account and the blocking of access to the slopes, with no refunds provided. The user will be informed of the right to appeal the decision. More information can be found in the corresponding section of the General Conditions applicable to Skitude Services. 4. Management of user personal data & privacy policy The use of the services offered by the Skitude Group (hereinafter, Skitude) integrated in the web platform and the Skitude app, the Skioo web platform, and in any app developed by the Skitude Group (hereinafter, Skitude Services), means your personal data will be processed. This privacy policy tells you how we process your data and your rights of access, rectification, erasure and other data protection rights. 4.1. General provisions Personal data collected by the mobile applications and/or through the website, or by any other means, your location and activity on our platforms, including the IP address you connect from (stored for security and fraud purposes) and other data stemming from using the Skitude Services, are processed by Skitude pursuant to Regulation (EU) 2016/679 on General Data Protection (GDPR), based on your consent, to manage all aspects of our business and contractual relationships, including the sending of commercial communications (including via email). The social features of the Skitude platform allow you to share your information with other platform users and with the ski resorts and businesses located in various countries worldwide, including those outside the European Union. 4.2. Data controller The controller is SKITUDE TECHNOLOGIES, S.L. with its place of business at CTRA. ANTIGA D'AMER, 10 2º B, 17007 Girona (Spain) Furthermore, you may contact Skitude's data protection officer by sending an email to dpo@skitudeservices.com. When the service requires invoicing, depending on location or the service contracted, this may be done by the company that directly manages such invoicing. The data controller for invoicing activity may therefore be another Skitude Group company other than that notified in this privacy policy. For users who use the SKIOO service, the data controller for invoicing the service, where applicable, will be SKIOO. All other provisions of this privacy policy also apply in this case. 4.3. Purpose and legal basis for processing your data, recipients of the information and international transfers Your personal data collected through mobile applications and/or websites, or any other means, your location and activity on our platforms, including the IP you connect from (for reasons of security and fraud), and other necessary data, are used to provide you with our services. When you register for Skitude or use Skitude's functions, from a sponsored app or a ski resort's app, and when you take part in a challenge or timed route, or define a ski resort as a favourite, you are authorising the transfer of your data to the ski resort or any commercial partner. If you do not agree, you cannot use the sponsored app or take part in challenges or timed routes, but you may still use other Skitude services, including the website and the official Skitude app. In addition, when you contract the Skitude Premium service and the Skitude Instant Access / SKIOO service, your data will be used to provide and bill you for this service, based on the execution of a contract and the fulfilment of the controller’s legal obligations, during the execution time of this contract. 4.3.1 Skitude Premium service Concerning Skitude Premium, the data will be processed according to the payment platform you select (PayPal, App Store, Google Play, payment with your card via a POS terminal or any other added): Subscription via Google Play: Google LLC Subscription via the Apple App Store: Apple Inc Payment via a virtual POS terminal: Banco Sabadell S.A. Payment via PayPal: PayPal Holdings, Inc We hereby inform you that the payment platform you use may entail the international transfer of your data; in any event, the above-mentioned platforms provide the appropriate guarantees, in accordance with EU data protection law. We also inform you that anyone who views your Skitude profile will see that it is a Premium profile. If you subscribe to SKITUDE PREMIUM via a resort app, it will be able to receive and process the information for payment management purposes. 4.3.2. Skitude Instant Access / SKIOO Regarding the Skitude Instant Access / SKIOO service, your data is processed in connection with the platform provided by the payment gateway for the provision of funds to your account or wallet, or to link your credit/debit card to allow direct debit to your bank account. We inform you that depending on the provider of the access system to each resort, in certain circumstances when it is necessary to charge your card directly and when purchasing season tickets, your personal data may be transferred to third-party providers to execute and provide the service. 4.3.3. Localisation services If you use a mobile app to access Skitude's services, you have the option of using the device's localisation services to share your location with your Skitude friends. Your location will also be used to show you relevant information and advertising. 3.4. Sharing your data with Skitude platform users The social and recreational (gaming) component of the Skitude platform entails the sharing of certain profile information that will be visible to other platform users (including your name, avatar, runs, position rankings, etc.) and visible in general to all Internet users and search engines that may collect information from Skitude. You should be aware that once posted on the Internet, it is difficult to maintain control of your information, so we recommend you do not share sensitive information, or information that you would prefer to keep private, on the platform. You can choose to share your profile information with persons with whom you connect via Skitude, or even with all platform users. If you prefer, you can keep your profile information private, so it is not accessible to other users. 4.3.5. Commercial information shared electronically When you use the Skitude Services, we ask for your consent to send you commercial information electronically about Skitude Services. Where appropriate, we may also provide you with commercial information about products and services offered by third parties that are related to the skiing and mountain sports industry. You may choose not to receive this type of correspondence at any time. In any case, using SKITUDE, either via the website, or any related apps, implies consenting to receive commercial partner-related advertising. If you do not agree, you should not use these services. 4.3.6 Commercial information through App notifications When you allow Skitude apps to send you notifications, you authorise the receipt of this type of commercial information. If you do not agree, you can set your device to prevent any App notifications. 4.3.7. Connect with ski resorts Skitude reserves the right to transfer all or part of your personal data to the ski and mountain sports resort in which you have shown a potential interest, in any of the following ways: (i) by downloading any of their mobile applications, or (ii) by registering with Skitude from a website or mobile application of the resort, or (iii) having indicated the resort in question as a favourite in your profile or (iv) having agreed to participate in a challenge or timed route sponsored by the resort. 4.3.8. Participation in challenges and promotions To participate in specific sponsored sections, your consent is required to communicate your details to the sponsor for commercial purposes, and to assist in prize delivery when applicable. 4.3.9. Connecting to social media and third-party online platforms Certain apps and services allow you to connect to social media and third-party online platforms. Your explicit consent is required to exchange data between Skitude and any third-party platform, and you must also agree to the corresponding privacy policy. 4.4 Registration through other platforms When accessing the Skitude Services, the user can have an account in the Skitude platform (website and app) or a specific account for the SKIOO platform. At the time of registration, the user is authorised to access the Services through their account on other platforms or third-party services. For registration on the Skitude platform, you can login through your account at: Skioo. Users of the Skioo platform, as members and users of the Skitude Services, have the advantage of being able to access and benefit from services related to the Skitude platform by linking their existing user account. Facebook. The advantage is that Skitude can recognise you as a Facebook user without the need to re-enter your password, enabling you to share your profile content on that social media site. When you sign up via Facebook, you agree that Facebook can furnish certain information such as your name, email, Facebook user ID, photographs and other information contained in your Facebook profile, and that Facebook will have access to certain information related to your Skitude activity. All of the data that Facebook furnishes will be added to Skitude's files. For registration in the SKIOO service, you can login through your account at: Facebook; Google; I Ski. When users choose to connect or access the Skioo service through their profile in the indicated platforms, they accept and consent to the communication of their data between both platforms, which are necessary to complete the registration and provide access. 4.5. Data communications to provide Skitude services We may communicate your data to the companies that make up Skitude, and to suppliers when necessary for the provision of the Skitude Services detailed in the conditions. We may also communicate your details to our sponsoring partners where appropriate, in accordance with the specifications set out in paragraphs 3 and 4 of this privacy policy. 4.6. International data transfer Skitude is a platform available worldwide, which allows you to share your information with people around the world, which you accept. Furthermore, when you connect with ski resorts, sponsors or social media sites outside the European Union, you acknowledge that your information will be transferred internationally. We hereby inform you that outside the European Union, not all countries have regulation in place that will protect the privacy of your information. Note to Skioo users in Switzerland: when necessary for the provision of our services for any reason, or when users decide to benefit from the option of accessing the services of Skitude platforms through their user account on the Skioo platform, we may transfer your personal data to our servers located in the territory of the European Union, a region that has legislation ensuring an adequate level of personal data protection. 4.7. Data retention period Your personal data will be kept for as long as it is necessary for us to provide you with our services and to maintain our current relationship with you. Your data will also be kept indefinitely, unless you request its removal. In some cases, your data will be kept for a certain period of time when required by applicable law. 4.8. Updating personal information You commit to ensuring that your personal data is up-to-date, and also agree that said data is accurate, complete and not misleading. You can, at any time, update your data via the mobile application or website. 4.9 Data protection rights You can exercise your rights of access, rectification, erasure, objection, restriction and portability in relation to the processing of your personal data, including objecting to receiving any advertising sent by Skitude or by ski resorts, and the transfer of your data stored at Skitude, which will be provided in a structured, automated format. To do this, you can send us a letter or an email to usersupport@skitudeservices.com with GDPR as the reference, stating: Your specific request. Your preferred contact method to receive our response. You also have the right to make a claim to the data protection supervisory authorities.