PRIVACY POLICY & LEGAL CONDITIONS FOR APPLICATIONS AND SERVICES. GDPR

Document updated: 20-02-2019

In compliance with the General regulations for the protection of personal data and the guarantee of digital rights GDPR. Dataprius SL reports the following:

Owner and user identification

Dataprius is owned by Dataprius SL, whose VAT number is B-93107431 and which is registered in the Mercantile Register of Malaga, volume 4845, book 3753, folio 117, sheet MA-107675.  The registered office and contact data of Dataprius SL are as follows: Calle Beatas, 29, 2nd floor 29008 Málaga, Spain.  E-mail: info [at] dataprius.com

User is the one who makes any use of the websites of Dataprius S.L. and of the products, services, contents and/or tools that through the same Dataprius S.L. offers or lends, either as mere visitor, registered user or client.

Object

The following Legal Notice, which includes and develops the Conditions of Use of the Storage Service and the Privacy Policy established by Dataprius SL, defines the legal conditions applicable in a generic way to the access and use of the services provided by Dataprius SL (hereinafter the Services) that include, in particular:

 (1) Access and / or use of Dataprius servers using any Dataprius software to store, synchronize, send and share user files, information and other content (hereinafter, Dataprius), which shall be governed by its own Terms and Conditions of Hiring, that will prevail in any case on the stipulated here, applying these of complementary form in everything what does not contradict them or results opposite to its purpose.

 (2) Any other product or service provided on or from the Websites.

The User agrees to read carefully the contents of this Legal Notice.  The access to the applications and / or the use of them and / or of the Services, in any form and through any means, implies the express acceptance by the User of this Legal Notice and all the obligations and procedures here provided to him. they are of application.

The User will have at his disposal always and in any case the present Legal Notice, being able to be stored and / or reproduced.

The User agrees to enter the personal information essential for the provision of the service.  If you do not provide them, you can not access or use the Services.  The User will register in the Cloud services through a User Name and Password, with full responsibility for use and custody of the same.  The data of a voluntary nature is collected by Dataprius SL for the purpose indicated in the Data Protection clause that is set out below.

Data protection

In compliance with the  General Data Protection Regulation GDPR, we inform the User that their data, collected in the case of accessing and / or using the Websites and / or the Services, as well as the data to which Dataprius SL has access as a result of browsing the Internet web pages, will be treated in a file that is the responsibility of Dataprius SL, whose purposes are:

(1) Manage the contractual and commercial relationship with the User.

(2) Inform you of new products and services of your own, that may be of interest to you, by email or through another means of electronic communication, to those Users who have expressly given their consent for receiving such communications in accordance with GDPR.  This authorization lasts as long as the user continues his relationship with Dataprius SL and as long as it is not revoked.  

(3)Carry out internal studies and reports with the aim of improving our services according to the preferences of the Users.  

The User has the right to oppose the processing of any of their data that are not essential for the conclusion of the contract and its use for any purpose other than the maintenance of their contractual relationship, such as treatments for advertising purposes for which you can contact Dataprius SL in order to exercise their right of opposition to such treatments, through the means indicated for the exercise of their rights, which are described in the following paragraph.

The User may exercise their rights of access to data, rectification, cancellation and opposition, by letter or email, addressed to Dataprius SL, to the email or e-mail addresses indicated in this notice:

Domicile of mail: Calle Beatas, 29, 2nd floor 29008 Málaga, Spain.  E-mail: info [at] dataprius.com

Data Transfer

The user accepts that his/her data can be transferred to servers and storage media in territories of the European Union, exclusively for the purposes indicated in the preceding paragraphs, in particular to entities that lend to DATAPRIUS S.L. the professional services of accommodation and data management.

For all purposes, the aforementioned undertakings are considered to act as Sub-managers of treatment, assuming the same obligations imposed on the treatment Manager (DataPrius) with respect to the processing of the data of character Personal. All this in accordance with the General regulations on data protection GDPR.

Use of data

The user authorizes the transfer of data from his email to his contacts in Dataprius, in order to establish a collaborative environment. Likewise, in the case of being required for the purpose, Dataprius S.L. will communicate the user's personal data to the competent authorities to cooperate in any investigation if there is an enabling law for such transfer of data or we have its Prior consent.

The revelation of any other personal data to a third party by Dataprius S.L. for any other purpose will require the user's prior consent, and must inform Dataprius S.L. about the identity of the third party and the objective of such revelation.

Conditions for access to websites and use of services by the user

1. Access to applications is free and free, although conditioned on the express acceptance and strict compliance by the User of this Legal Notice.  Also, some of the Services offered by the Company may be paid.

2. The access and use by the User of the referred Services is made under the sole and exclusive responsibility of the User, who is obliged to:

3. In the event that the user will cause damage to Dataprius S.L. or third parties for accessing or using the applications and/or services expressly exonerates Dataprius S.L., custodian of them, any responsibility that could be imputed. To this end, the user will assume the exclusive responsibility that could derive and will keep completely harmless to Dataprius S.L.

4. Registration in applications is not permitted for those under the age of 18, therefore, upon registration, the user guarantees that he is over 18 years of age and is entirely responsible for this statement. However, the mere access to the WEB sites, as well as the use of the system is allowed to the older than 14 years, although it is recommended to the latter to inform and to consult with his parents or legal guardians before transmitting information to Dataprius S.L. or to third You have contacted through applications or services. In relation to the foregoing, Dataprius S.L. may at any time contact the user in order to request the accreditation that it meets the required age, reserving the right to block or cancel your account if not. Also, if Dataprius S.L.es informed that a child under 14 years is registered as a user in the Apliocaciones or uses its services in any way, Dataprius S.L. will proceed to take the necessary measures to eliminate or block your account.

5. The user is responsible at all times for the custody of his personal and non-transferable passwords. You will also be responsible for any damage caused by your misuse, transfer of password or loss thereof. In this respect, access to restricted areas and/or the use of websites and/or services after access by password will be considered by the corresponding user, who will be directly responsible for any damages derived from such Access and/or use, expressly exempting Dataprius S.L. from any unauthorized use of the account. In relation to the foregoing, the user must inform Dataprius S.L. immediately of any circumstance that may imply a risk of access and/or use by an unauthorized individual, in order to proceed to the cancellation and substitution of the account.

6. Applications and services are subject to constant evolution, so Dataprius S.L. reserves the right to modify them, either in whole or in part, at any time and without prior notice.

7. Dataprius S.L. makes reasonable efforts to keep the websites and services available at all times. Notwithstanding the foregoing, Dataprius S.L. reserves the right to interrupt or limit at any time and without prior notice the provision, access or operation of the same or any of its elements or contents.

8. in order to ensure and preserve the proper use thereof, Dataprius S.L. reserves the right to monitor any access or use of the applications and/or services. Likewise, Dataprius S.L. will watch as far as possible because such uses conform to the legislation in force. No bstante, Dataprius S.L. cannot perform or carry out a proactive control of all the accesses and/or uses of the applications or services.

9. Dataprius S.L. reserves the right to limit at any time and without prior notice the use of the applications and/or services and to deny access at any time and without the need for prior notice to the user that violates this notice Legal or any other standard of application.

10. the use by the user of third party applications other than Dataprius S. L, which are accessible through the websites and/or services, is subject to its own terms of use. The user accepts that Dataprius S.L. does not control such third-party applications and, consequently, is not responsible or linked to them.

11. access to and/or use of applications and/or services implies the acceptance by the user that Dataprius S.L. excludes the recognition of all warranties, express or implied, and declines all responsibility for the reason of Access or Use or inability or failure to access or use the applications and/or services.

12. access to and/or use of applications and/or services implies acceptance by the user of the conditions stipulated in this legal notice and in the contract for access to data on behalf of third parties, assuming the user the figure of Responsible for file under the provisions of GDPR from the moment of registration by the user in the websites and/or services of Dataprius, which will be considered responsible for treatment.

Security measures

In compliance with current regulations, Dataprius SL has adopted the security levels of protection of Personal Data legally required, and seeks to install those other means and additional technical measures available to prevent loss, misuse, alteration, unauthorized access and theft of Personal Data provided by the User. However, the User must be aware that security measures on the Internet are not impregnable.

Dataprius SL will not be responsible for any damages or losses that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of this electronic system, caused by reasons beyond Dataprius SL, delays or blockages in the use of the present electronic system caused by deficiencies or overloads of telephone lines or overloads in the Data Processing Center, in the Internet system or in other electronic systems, as well as of damages that may be caused by third parties through illegitimate interference outside of the control of Dataprius SL.

However, if the user publishes personal information online, accessible to the public, it is possible that he receives unsolicited messages from other people and that his data, therefore, are known by third parties.

For all the above, we recommend the maximum diligence in this matter and the use of all security tools available to it, not taking responsibility for Dataprius SL for theft, modification or loss of illegal data.

Dataprius encrypts the communications of its services with SSL data encryption protocols.  File transfers are made by encrypting the files at the source, then they are stored using a proprietary Dataprius encoding system.  Dataprius customers have a backup tool that allows them to create and store those copies in the system, these copies can then be downloaded at the customer's place of choice.  The copies allow compliance with those established in the Development Regulations of the GDPR.

Intellectual and Industrial Property

The structure and content of the Websites and Services, including without restriction any of its elements (texts, software, scripts, images, graphics, photos, sounds, music, videos, interactive features and the like and brands, trade names and / or logos, as well as any other protected elements), are the property of Dataprius SL or have been licensed to it, and are protected by exclusive rights of intellectual or industrial property that are exclusively reserved in favor of their respective owners.

Specifically, any reproduction, distribution, transformation, public communication and / or total or partial provision of the aforementioned contents or elements, regardless of the medium used, is expressly prohibited, if you do not have prior, express and written authorization from Dataprius SL or, where appropriate, the holder of the corresponding rights, otherwise assuming the offending User all direct or indirect responsibilities that may arise.

In no case will it be understood that the access and browsing of the Websites or the use, acquisition and / or contracting of the Services offered through them, implies a renunciation, transmission, license or total or partial transfer of said reserved rights.

The User only has a corporate, non-exclusive, non-transferable and revocable private use right at any time exclusively for the purpose of enjoying navigation through the Websites and the services provided in accordance with this Legal Notice and with any other documents or current legislation that may be applicable.

In the same way, the access or use of the Websites and / or its contents and / or Services does not give the User any rights over the brands, logos and / or distinctive signs included in it protected by Law. Likewise, the references to names and trademarks or registered, logos or other distinctive signs, whether owned by Dataprius SL or third parties, implicitly prohibit their use without the prior express written authorization of Dataprius SL or its legitimate owners.

Content of Users

The Applications and Services allow the Registered User to store, share and synchronize data in the network between various terminal devices and equipment and send and share information and files with other Users (hereinafter, the User Content).

The User is solely responsible for its User Content and fully assumes all responsibilities that may arise from it without any limitation, including those arising from the consequences of its treatment and the use of User Content by Dataprius SL, by other Users or by third parties , being obliged to keep Dataprius SL totally and absolutely undamaged in any case

The User, as the owner and responsible for the User Content, declares and guarantees that:

Given the characteristics of the Websites and Services, Dataprius SL can not control all User profiles or User Content published by them.  Therefore, in accordance with current regulations, does not review, control or approve any User Content.

However, Dataprius SL, without assuming any obligation in this regard, in case of having knowledge, either directly or through third parties, that any User Content may infringe the law, this Legal Notice or any other application document, or violate the rights of other Users and / or third parties, reserves the right to eliminate the same and / or deny access to the User at any time and without prior notice.  Likewise, Dataprius SL will cooperate with the corresponding administrative and judicial authorities, facilitating the timely access of them to the User Content and, where appropriate, informing them of any indication of crime.

The User retains all property rights over its User Content, but authorizes Dataprius SL to reproduce, distribute, make available and publicly communicate it to other Users authorized by the User, as well as its storage.

This agreement will remain in force as long as the user does not communicate his withdrawal from the service by any reliable means in law.  It will be from that moment when Dataprius SL will proceed to the elimination of User Content.

Sharing data with social networks or applications

The possibility of sharing content or any type of information through social networks such as Twitter or other applications is expressly forbidden, this activity being subject to the conditions of use and registration expressly established by these online platforms, without Dataprius SL assuming any direct responsibility or indirect by the contents published in them by the Users.

The activation, synchronization and use of external social networks or applications of which the User is a member, as well as the possibility of importing data from them to your account in Applications or Services, implies their identification and authentication in the external network from which the data will be extracted.  Dataprius SL recommends that you review the conditions of use and privacy policy of the networks from which you are going to import data.

In these cases, you must take into account that when accessing these networks, you are leaving the Applications and the environment in which the Services are provided to access an environment not controlled by Dataprius SL Consequently, Dataprius SL will not assume any responsibility for the possible violations of the security of these environments.

In the event that it is incorporated into the Applications or Services, Dataprius SL guarantees that it will take the security measures in accordance with the applicable regulations, as well as those that Dataprius SL diligently decides to implement without the establishment being required in any case. of security measures not required by law or by customary practices.

Dataprius SL declines any responsibility that may arise from the exchange of information between Users through the Applications.  The responsibility of the disseminated manifestations and the diffusion of the data facilitated in their Websites corresponds in any case to those who  perform.

Modifications of this legal conditions

Dataprius SL reserves the right to modify this Legal Notice without express prerequisite by the User, tacitly accepted by the same being the modifications introduced in the case that continues accessing the Websites and / or using the Services from the date of publication of the aforementioned modifications.  Otherwise, the User must cease immediately accessing and / or using the Websites and Services.

The User accepts that the version drafted in Spanish of this document will prevail over any version thereof in another language.

Miscellany

1. If any clause included in this Legal Notice is declared totally or partially null or ineffective, such nullity will affect only that provision or the part of it that is null or ineffective, subsisting entirely on everything else.  All the clauses must be interpreted independently and autonomously, not affecting the rest of the stipulations in case one of them has been declared void by judicial decision or final arbitration resolution, in which case it should be replaced by one that preserves the effects pursued by the Legal Notice.

2. The headings of the different clauses are only informative and do not affect, qualify or extend the interpretation of the Legal Notice.

3. In reference to the access and / or use of Dataprius, in the event of any discrepancy between the provisions of this Legal Notice and the provisions of the Terms and Conditions of Contract of Dataprius, the provisions of the latter will prevail.

4  The non-exercise or execution by Dataprius SL of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledgment and agreement in writing.

Legislation and applicable jurisdiction

This Legal Notice is governed by current Spanish regulations that apply to it, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016

For the resolution of disputes that may arise as a result of the provisions of these provisions, and expressly waiving any other jurisdiction that may correspond, the User agrees to submit to the jurisdiction of the Courts and Tribunals of Malaga (Spain).