Doleedo - Terms And Conditions
- 1.1 Contracting Entity and User
- 1.2 Purpose
- 1.3 Contracting Individuals’ Data Protection
- 1.4 Data Transfer
- 1.5 Data Assignment
- 2. Service Terms
- 2.1 Terms for Website Access and Service Use by The Contracting Entity
- 3. Data Processor
- 3.1 Security Measures
- 3.2 Intellectual and Industrial Property
- 3.3 The Contracting Entity's Content
- 3.4 Sharing or Importing Data with Social Media or Applications
- 3.5 Change to the Legal Notice
- 3.6 Interpretation of These Terms
- 3.7 Applicable Law and Jurisdiction
Pursuant to the General Data Protection REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of 27 April 2016, DOLEEDO informs the following:
1.1 Contracting Entity and User
1.1.1 Contracting Entity: This is the business, company or firm entering into a contract for any use of the licences, products, services, content and/or tools offered or provided by VILT IBERICA S.L.U. as a DOLEEDO service (the “Provider”), whether as a mere visitor, a registered contracting entity, or a client with respect to the acquired licences.
1.1.2 User: The individual related to the contracting entity who may provide his/her personal data in the licences, products, services, content and/or tools offered or provided by DOLEEDO as a DOLEEDO service.
1.1.3 License: The capacity-of-use unit acquired by the Contracting Entity to make it available to third parties related to its organisation, whether individuals or legal entities.
1.1.4 DOLEEDO belongs to the company VILT IBERICA S.L.U., holder of Taxpayer ID (C.I.F) B-85045029, and registered with the Commercial Registry of Madrid in Volume 24,143, Folio 152, Section 8, Page M-433853, Entry 5, and its registered office and contact data are: Avda. de la Albufera 319, Oficina 301, 28031 Madrid, Spain.
1.2.1 This Legal Notice, which contains and sets out the Terms for Use of DOLEEDO Service, defines the legal terms generally applicable to access and use of the services provided under each DOLEEDO licence or package, including, in particular: (1) Access to and/or use of DOLEEDO service using DOLEEDO software to store, synchronise, send and share files by individuals related to whomever the Contracting Entity may have previously allowed use thereof through the relevant contract, which are to be governed by the Service Terms and Conditions set out in this document. (2) Any other product or service provided by DOLEEDO licence. (3) The Contracting Entity agrees to read the content of this Legal Notice carefully. Access to the applications and/or use of the applications and/or Services, in any manner and by any means, imply(ies) express acceptance by the Contracting Entity of this Legal Notice and Service Terms and of each and every obligation and procedure referred to in this document and applying to the Contracting Entity. (4) This Legal Notice will always remain available to the Contracting Entity and may be stored and/or reproduced.
1.2.2 The Contracting Entity is aware and acknowledges that the data of third parties being essential to obtaining delivery of the service is to be introduced in each acquired Licence.
1.2.3 The Contracting Entity will register on the Cloud services using an administrator user and password, being fully responsible for their use and custody. The Contracting Entity is solely and exclusively responsible for the personal data registered in each acquired licence before the respective data subjects, as DOLEEDO neither collects nor processes any such personal data, limiting itself to providing a storage service.
1.2.4 DOLEEDO and its owner disclaims any liability for the use of the personal data contained in each acquired licence by Contracting Entity.
1.3 Contracting Individuals’ Data Protection
1.3.1 Pursuant to Organic Law 15/1999 on Personal Data Protection, and the General Data Protection Regulation (GDPR), we inform the Contracting Entity (if an individual, only) that any data of theirs that is collected while accessing and/or using the Websites and/or the Services, as well as any data of theirs to which the Provider may have access as a consequence of their surfing through websites on the Internet, will be processed in a file under the responsibility of the Provider, with the following purposes: (1) To manage the contractual and commercial relationship with the Contracting Entity or Individual. (2) To inform you about our new products and services which may be of your interest, by e-mail or by any other equivalent electronic means, only with respect to the Contracting Individuals who have given their express consent to receive such communications in accordance with the European Data Protection Regulation. Such authorisation will remain effective insofar as the Contracting Individual maintains their relationship with the Provider and such authorisation is not revoked. (3) To conduct internal studies and reports with the purpose of improving our services based on the preferences of the Contracting Entities.
1.3.2 The Contracting Individual has the right to object to the processing of any piece of their data that is not essential to performance of the contract, and to object to its use for any purpose other than maintaining their contractual relationship, such as processing for advertising purposes. To that end, they may contact the Provider to exercise their right to object to processing in the manner specified in the paragraph below for exercise of their rights.
1.3.3 The Contracting Individual may exercise his/her rights to data access, rectification, erasure and objection by sending a letter or e-mail to the Provider, to the following e-mail address: firstname.lastname@example.org.
1.4 Data Transfer
1.4.1 The Contracting Entity and the individuals related thereto accept that their data may be transferred to servers and storage media situated in territories within the European Union, exclusively for the purposes described in the paragraphs above, in particular, to whomever delivers the professional data hosting and management services to the Provider.
1.4.2 The Contracting Entity also accepts that data required exclusively for the payment and billing of the service may be transferred, processed and stored outside of the European Economic Area (“EEA”) or Switzerland when required by the payment service provider.
1.4.3 For all purposes, the hosting firms will be deemed to act as data sub-processors, thus assuming the same obligations imposed on the Data Processor for personal data processing. All the above, in accordance with the European General Data Protection Regulation.
1.5 Data Assignment
1.5.1 If so required by the relevant authorities in compliance with the European Data Protection Regulation, the Provider will communicate such personal data of the Contracting Entity and of the individuals related thereto as the relevant authorities may need or require in order to cooperate with any investigation.
2. Service Terms
2.1 Terms for Website Access and Service Use by The Contracting Entity
2.1.1 Access to the website is completely free, but subject to express acceptance of and absolute compliance with this Legal Notice by the Contracting Entity. Furthermore, some of the Services offered by the company may be subject to payment.
2.1.2 Access to and use of the Services by the Contracting Entity are solely and exclusively under the responsibility of the Contracting Entity, who agrees:a) To pay the service price. Payment is to be made with a valid bank card of the Contracting Entity. Should the card stop paying the charges at the agreed intervals, the Provider’s service may be suspended immediately, and neither the Contracting Entity nor the users related thereto may claim submittal or return of data until regular payment is restored. The Provider reserves the right to offer the service during an initial trial period free of charge to the Client. b)Not to access and/or use the Applications or the Services for any illegal purpose. c) Not to engage in any activity which may damage, overload, impair and/or hinder regular operation of the Applications or the Services. d) Not to disclose, disseminate or make available to third parties, through the Applications and/or Services, any kind of material which violates, or obtained in violation of, current legislation, good faith, the public order or this Legal Notice, and/or which may be detrimental to third parties.
2.1.3 Subject to compliance with this Agreement, the Client may use the Services, as well as any service offered by the Provider, as part of the Services. The Client may not transfer or assign these rights to any third party unrelated to their organisation.
2.1.4 The Provider will deliver the Services to the Client. As part of the receipt of the Services, the Client will have access to management control, through which the Client will be able to manage the Services.
2.1.5 The Client must have an Account, user name and password to use the Services, and will be responsible for any data provided to create the Account, for the security of the Account user name and password, and for the use of their Account and file. Should the Client become aware of any unauthorised use of their user name, password or Account, they shall notify the Provider as soon as possible. The Provider has no obligation to provide multiple Accounts to a Client. The Client is responsible for creating the accounts for the Client’s other users.
2.1.6 Each and every facility used to store and process the Application and the Client’s Data must incorporate reasonable security measures. The Provider has implemented standard systems and procedures to (a) guarantee the security and confidentiality of the Application and the Client’s Data; (b) protect the security or integrity of the Application and the Client’s Data against threats or dangers; and (c) protect the Application and the Client’s Data against any unauthorised access or use.
2.1.7 The Provider will not access or use the Client’s Data, unless it is necessary to provide the Services to the Client.
2.1.8 The Client’s Data will be stored within the area of the European Union, with the possible exception of data exclusively required for the payment of the service. By using the Services, the Client consents to such processing and storage of the Client’s Data. Under this Agreement, the Provider is merely a data processor.
2.1.9 Every service will include the applicable legal taxes. VAT will be levied as set forth in the applicable legislation. The Client shall furnish the Provider with the tax identification data required to allow for fulfilment of tax-related obligations. The Client will be responsible for paying (or reimbursing the Provider for) any tax, interest, or fine arising from any inaccurate statement submitted by the Client.
2.1.10 If the Client stops paying a service, the Provider may suspend delivery of the Service.
2.1.11 In the event that the Contracting Entity causes any damage to the Provider or to third parties as a consequence of access to or use of the Applications and/or Services, the Contracting Entity expressly agrees to release the Provider from any liability which may be attributed to the latter. In such event, the Contracting Entity shall be held solely and exclusively liable, and shall indemnify and hold the Provider harmless from any liability.
2.1.12 Registration on the Applications by under-age individuals is prohibited. Therefore, on registration, the Contracting Entity guarantees that each and every individual related thereto is of legal age and assumes full liability for this representation. With that purpose, the Provider may at any time contact the Contracting Entity and request proof that each and every individual registered on its account is of legal age, and if otherwise, the Provider reserves the right to block or cancel their account. Likewise, should the Provider learn that an under-age individual has been registered as a related individual by the Contracting Entity on its Applications or otherwise uses its Services, the Provider will take any necessary measure to eliminate or block their account.
2.1.13 The Contracting Entity and the individuals related thereto will be at all times responsible for custody of their personal and non-transferable passwords. And they will be likewise responsible for any damage caused by misuse, transfer or loss of their personal passwords. On this regard, access to restricted areas and/or use of the Websites and/or Services after accessing with a password will be deemed performed by the Contracting Entity or the individuals related thereto, who shall be held directly liable for any damage or loss resulting from such access and/or use, expressly releasing the Provider from liability for any unauthorised use of the account. In connection with the above, the Contracting Entity shall immediately inform the Provider about any circumstance which may pose a risk of access and/or use by an unauthorised individual, for the Provider to cancel and substitute the account.
2.1.14 If the Provider becomes aware that the Services are being used by the Client or any end user of the Client in breach of these service terms, the Provider will give notice of the breach to the Client requesting that it be remedied. In the event that the Client fails to remedy the breach within 24 hours since the Provider’s request, the latter may suspend use of the Services by the Client in whole or in part until the breach is rectified.
2.1.15 The Applications and the Services are subject to permanent development; therefore, the Provider reserves the right to modify them, whether in whole or in part, at any time and without prior notice.
2.1.16 The Provider may make any necessary changes, including the price, and such changes will come into effect 30 days after publication, except for changes related to the service operation, in which case they will come into effect immediately. The Provider will release a notice at least 30 days ahead of any service change by: (1) sending an e-mail to the Client’s e-mail address; (2) publishing a notice on the applicable website. If the Client does not agree with the revised Agreement, they may stop using the Services. The Provider will publish any amendment to this Agreement on the Terms URL.
2.1.17 The Provider makes reasonable efforts to maintain availability of the Websites and Services at all times. However, due to circumstances beyond the control of the Provider, access to or operation of the Websites or Services or any element or content thereof may need to be interrupted or limited; and in such event, the Contracting Entity and its registered users release the Provider from any liability or claim for any potential damage. There are four types of incidents: (1) Incident 1 − Critical: Access to the service is not possible. (2) Incident 2 − High: Access to the Service is possible, but there is no access to some acquired module, or some essential (daily used) feature is not working. (3) Incident 3 − Medium: Some essential feature is not working as it should, but there is an alternative method to use it. (4) Incident 4 − Low: Some non-essential feature is not working as it should. The time of an error is calculated from the moment the error is received and confirmed by the Provider’s support until the error is solved. The availability time is the total number of minutes in a month, less the number of minutes of unavailability suffered by all the downtime periods in a month, divided by the total number of minutes in a month. If the time without problems (monthly availability time) of Priority 1 is less than 98% of the monthly average time, the Client will be compensated with 25% off the price for a month in the next invoice. If the monthly availability time of Priority 1 is less than 95% of the monthly average time, the Client will be compensated with 50% off the price for a month in the next invoice. If the monthly availability time of Priority 2 is less than 95% of the monthly average time, the Client will be compensated with 25% off the price for a month in the next invoice. Although different types cannot be combined, compensation is calculated based on the type that is more convenient to the Client.
2.1.18 The Provider reserves the right to monitor any access to or use of the Applications and/or Services with a view to ensuring and maintaining proper use thereof. Similarly, the Provider will ensure, to the extent possible, that said use is in compliance with the applicable legislation. Nevertheless, the Provider does not and cannot conduct a proactive control of each and every access and/or use of the Applications or Services.
2.1.19 Access to and/or use of the Applications and/or Services imply(ies) acceptance by the Contracting Entity that the Provider does not provide any guarantee, whether express or implied, and disclaims any liability for access or use or for hindered or incorrect access or use of the Applications and/or Services. (1) Access to and/or use of the Applications and/or Services imply(ies) acceptance by the Contracting Entity of the terms set out in this Legal Notice and in the Contract for Data Access on behalf of third parties, with the Contracting Entity becoming the Data Controller as per the provisions of the European Data Protection Regulation the moment the Contracting Entity registers on the Websites and/or the Services of the Provider, who will be regarded as the Data Processor. (2) The Provider may provide, if deemed necessary, documentation for use of the Services by the Client. Such documentation may establish restrictions on how to use the Applications or Services, and the Client is expected to abide by said restrictions as specified. (3) Every notice is to be made in writing and be addressed to the Provider. The e-mail address for notifications to be sent to the Provider is email@example.com.
3. Data Processor
3.1 Security Measures
In accordance with the legislation currently in force, the Provider has implemented the data protection security levels required by law, and will strive to implement all such other additional technical measures and resources to prevent any loss, misuse, alteration, unauthorised access and stealing of personal data used and/or disclosed by the Contracting Entity. However, the Contracting Entity should be aware that security measures on the Internet are not impregnable.
The Provider may not be held liable for any damage or loss resulting from interferences, omissions, disruptions, computer viruses, phone line faults, or disconnections in the operation of this electronic system, caused by any reason beyond the Provider’s control, from delayed or hindered use of this electronic system caused by deficiencies or overloads in phone lines or overloads in the Data Processing Centre, the Internet system or other electronic systems, or for any damage caused by third parties by any illegal interference beyond the Provider’s control.
3.1.1 Nevertheless, if the Contracting Entity makes personal data publicly available online, it may receive unsolicited messages from third parties, and consequently, its data may be known by third parties.
3.1.2 In view of all the above, the utmost care is recommended on this respect, as well as using all the security resources available. The Provider may not be held liable for any stealing, illegal loss or alteration of data.
The Provider encrypts its service communications with SSL data encryption protocols. Data transfers are conducted by encrypting files at origin, and then stored using its own codification system. The Provider’s clients have administrator access to access, copy and delete information, in compliance with the GDPR implementing regulation.
3.2 Intellectual and Industrial Property
3.2.1 The structure and content of the Websites and the Services, including, without limitation, any element thereof (text, software, scripts, images, charts, photographs, sounds, music, videos, interactive features and similar, and trademarks, trade names and/or logos, as well as any other protected element), are the property of the Provider and are protected by exclusive intellectual or industrial property rights, which are exclusively reserved to its respective owners.
3.2.2 In particular, any reproduction, distribution, transformation, public communication and/or total or partial disclosure of the abovelisted content or elements is expressly prohibited, regardless of the means used, except with the previous, express and written authorisation of the Provider or, as applicable, of the respective right holder; otherwise, any direct or indirect liability resulting therefrom will fall upon the infringing Contracting Entity.
3.2.3 Access to, or surfing through the Websites or use, purchase and/or hiring of the Services offered through them may not, under any circumstance, be construed as waiver, transfer, licence or total or partial assignment of said reserved rights.
3.2.4 The Contracting Entity only holds a private, corporate right of use, which is non-exclusive, non-transferable and revocable at any time, consisting exclusively in utilising the hired application and the functionalities of the Services in accordance with this Legal Notice, and with any other applicable document or legislation currently in force.
3.2.5 Similarly, access to or use of the Websites and/or the content thereof and/or the Services does not confer upon the Contracting Entity any right over the trademarks, logos and/or distinctive signs included therein and protected by law. Additionally, any reference to trade names, brands or registered trademarks, logos or other distinctive signs, whether owned by the Provider or by third companies, carry an implied prohibition to use them without the prior, express and written authorisation of the Provider or of their legitimate owners.
3.2.6 The Provider offers information to help copyright holders administer their intellectual property online, but the Provider cannot determine if something is or is not being lawfully used without their input.
3.3 The Contracting Entity's Content
3.3.1 The Applications and the Services allow the registered Contracting Entity to store, share and synchronise data on the network among several terminal devices and equipment units, and send and share information and files (hereinafter, the Contracting Entity’s Content).
3.3.2 The Contracting Entity is solely and exclusively responsible for its Content and assumes any liability which may arise therefrom, with no limitation whatsoever, including any liability resulting from the processing and use of the Contracting Entity’s Content by the Provider, by other contracting entities, the individuals related thereto, or by third parties, and undertakes to indemnify and hold the Provider harmless in all cases.
3.3.3 The Contracting Entity, as owner of the Contracting Entity’s Content and being responsible therefor, represents and warrants that: (1) It owns or holds the necessary authorisations to publish, publicly disclose and reproduce it over the Internet. (2) All the Contracting Entity’s Content published and associated to its profile is legal and absolutely compliant with the legislation in force, particularly with the legislation on intellectual property rights, personal data protection and protection of the rights to honour, privacy and reputation, as well as with good faith and/or the public order and this Legal Notice of the Provider, regardless of whether the owner thereof is an individual or a legal entity. (3) The Contracting Entity’s content may not contain any virus, Trojan, worm, or any other kind of malware or other data or applications which may be harmful to the Websites and/or the Services, or other systems or servers.
3.3.4 Considering the characteristics of the Websites and the Services, the Provider cannot control all the Contracting Entity’s profiles or the Contracting Entity’s Content published by them. Consequently, and pursuant to the legislation currently in force, the Provider does not review, monitor or approve any of the Contracting Entity’s Content, as it cannot get access thereto without the express and specific authorisation of the Contracting Entity. Nevertheless, though not assuming any obligation on this regard, should the Provider learn, whether directly or through third parties, that any of the Contracting Entity’s Content may be contrary to the law, this Legal Notice or any other applicable document, or else violate the rights of other contracting entities and/or third parties, the Provider reserves the right to eliminate any such content and/or deny the Contracting Entity access at any time, without prior notice. The same consequences shall apply in the event of failure by the Contracting Entity to make any required payment for the hired services, the Provider being entitled to deny access until all such payments owed to the Provider are made.
3.3.5 Furthermore, the Provider will cooperate with the relevant administrative and court authorities, allowing access by the latter to the Contracting Entity’s Content and, as applicable, reporting any suspected criminal activity to them.
3.3.6 This Agreement will remain in force and effect insofar as the Contracting Entity does not communicate cancellation of the service by any appropriate means as per the law. At such time, the Provider will proceed to eliminate the Contracting Entity’s Content in compliance with the GDPR. However, the Contracting Entity may request to recover data at any time during the contract valid term.
3.3.7 Should the Client or any of the Client’s authorised users cause any damage to the Provider or to third parties by accessing or using the Applications and/or the Services, the Provider may opt to terminate this agreement immediately, by sending a notice by e-mail or any other appropriate means, and without the Client being entitled to any compensation whatsoever.
3.3.8 The Client expressly releases the Provider from any liability which may be attributed to the latter. On this regard, the Contracting Entity will be solely and exclusively liable, and will indemnify and hold the Provider harmless from any such liability.
3.3.9 The Client may stop using the Services at any time. The Client may terminate this Agreement at its convenience, at any time, by sending a previous written notice, and in the event of termination, the Client shall stop using the Services concerned. The Provider may terminate this Agreement at its convenience, at any time, without incurring any liability before the Client.
3.3.10 In the event of termination of this Agreement, the following consequences will arise: (1) the rights conferred by one party upon the other will cease to exist immediately; (2) each and every amount owed by the Client to the Provider will become liquid and payable; (3) the Client shall delete the Software and any Application and Information belonging to the Client.
3.3.11 Unless prohibited by the applicable law, the Client shall compensate the Provider for any act by the Client which may result in any liability under any legal proceedings, as well as Third Parties for any use by the Client that is illegal, or otherwise contrary to the law, of any Application authorised hereunder, or for use of the Services by the Client or the Client’s end user in violation of the legislation currently in force.
3.3.12 Access to or use of the Websites and/or the content thereof and/or the Services does not confer upon the Client any right whatsoever over the trademarks, logos and/or distinctive signs included therein and protected by law. Additionally, any reference to trade names, brands or registered trademarks, logos or other distinctive signs, whether owned by the Provider or by third companies, carry an implied prohibition to use them without the prior, express and written authorisation of the Provider or of their legitimate owners.
3.4 Sharing or Importing Data with Social Media or Applications (Risk Information or Prohibition)
3.4.1 Sharing content or any kind of information through social media, such as Twitter or other applications, is expressly prohibited. These activities are subject to the terms for use and registration expressly established by these online platforms, and the Provider disclaims any direct or indirect liability whatsoever for any content the Contracting Entity may publish on them.
3.4.3 In such event, please remember that, when accessing these networks, you will be leaving the Applications and the environment wherein the Services are provided to get access to an environment not controlled by the Provider. Consequently, the Provider shall hold no liability whatsoever for any security violation in those environments.
3.4.4 The Provider disclaims any liability which may arise from the exchange of information among contracting entities through the Applications. Responsibility for any disseminated statement and dissemination of data on their Websites rests with the persons who disseminate them.
3.5 Change to the Legal Notice
3.5.1 The Provider reserves the right to make changes to this Legal Notice without need of previous express acceptance by the Contracting Entity, and any such change is to be deemed impliedly accepted by the latter should the Contracting Entity continue accessing the Websites and/or using the Services since the date of publication of the changes. Otherwise, the Contracting Party must stop accessing and/or using the Websites and Services immediately.
3.5.2 The Contracting Entity agrees that the English version of this document will prevail over any other version hereof in another language.
3.6 Interpretation of These Terms
3.6.1 Should any term contained in this Legal Notice be rendered null or void, in whole or in part, such invalidity will only affect the provision or any part thereof that has been rendered null or void, with the rest of the provisions remaining fully effective.
3.6.2 Every term is to be interpreted separately and independently from each other, and should any of them be declared null or void by a final court judgment or arbitration award, the remaining provisions may not be affected, in which case the null or void provision will be replaced by another one having the effects pursued by the Legal Notice.
3.6.3 The headings of the different provisions are merely for information purposes, and do not affect, classify or broaden interpretation of the remaining content of this document.
3.6.4 Failure by the Provider to exercise or perform any right or provision contained in this Legal Notice may not be construed as waiver thereof, unless so acknowledged and accepted in writing.
3.7 Applicable Law and Jurisdiction
3.7.1 This Legal Notice is governed by the applicable Spanish legislation in force, as well as by Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016.
3.7.2 Both parties agree to submit any dispute that may arise to the courts of the capital city of Madrid (Spain).
3.7.3 In the event of any inconsistency between the documents that make up this Agreement, they shall be applied in the following order: the Agreement and the terms on any URL. If this Agreement has been provided in more than one language for the country of your billing address, and there is any inconsistency between the English version and the translated version, the English version is to prevail.