Legal Notice

 

LEGAL NOTICE. Version dated August 1, 2021

  1. Introduction.

Thank you for choosing ADEPLUS CONSULTORES. By using and accessing the ADEPLUS SUITE: www.suiteadeplus.com and the URLs derived from www.totaldat.es, www.miregistrodehoras.com, www.canaleticoplus.com, as well as others accessible from the ADEPLUS SUITE (hereinafter referred to as the websites), you enter into a binding contract with our company, which complements your professional services contract. Your contract with us includes your acceptance of these "Terms and Conditions," which include the Legal Notice and Data Protection Information. If you do not agree to any of the terms, we invite you to leave the websites.

The websites are owned by ADEPLUS CONSULTORES, SLU (hereinafter ADEPLUS), with its registered office at Calle Castillo Puebla de Alcocer, 8 06006 of Badajoz, with VAT number B-06537609. Registered in the Mercantile Registry of Badajoz, volume 445, folio 61, sheet BA-20469, registration 1st, and email: contacto@adeplusconsultores.com.

ADEPLUS informs you that it is the User's obligation to read the present conditions of use of the websites, considering them valid and therefore applicable in the version published at all times. We recommend Users to print and save a copy of this "Legal Notice" and to periodically check for updates, although such updates will be notified and will be available at all times in the ADEPLUS SUITE. All conditions can be stored by Users/clients through any tool of conventional word processors available in the market.

In order to use and browse through ADEPLUS websites, the User must (a) be 18 years of age or older, or be 16 and have parental or guardian consent to these terms, (b) have the capacity to enter into a binding contract with us and no applicable law prohibits it, and (c) be a resident of Spain. The User also warrants that all information provided to ADEPLUS is truthful, accurate, and complete, and agrees that it shall be so at all times.

  1. Purpose.

These Terms and Conditions of Use and Privacy (hereinafter, "Conditions") are intended to regulate the conditions of use of the portal designed for compliance management: ADEPLUS SUITE.

Acceptance of these terms and conditions implies automatic and unmodified legal acceptance of the terms, conditions, and warnings contained in this text, and confers the status of User (hereinafter, indistinctly "User" or "Client") without the need for conventional signature by the User, as to the terms established herein without prejudice to the application of the corresponding mandatory regulations.

This portal offers users the possibility of configuring and accessing different platforms, through which they can view and manage critical aspects of compliance with regulations for which consultancy, monitoring, and verification are entrusted to ADEPLUS, in the terms of the corresponding contract for the provision of professional services, and the own terms and conditions of use of the websites.

In relation to access to the websites, ADEPLUS SUITE allows them to be configured, as well as access information about the contract for the provision of professional services, view and download help information, and contact the back office provided by ADEPLUS.

ADEPLUS grants the Client a non-exclusive, non-transferable right to use this Portal and attached documentation (hereinafter "the Software") in the manner and form provided in this License and under the terms of contracting where applicable.

The User assumes responsibility for the correct use of the websites. This responsibility will extend to all uses and practices carried out by the User within the websites, as well as the use of information, services, and data offered by ADEPLUS CONSULTORES.

The license will be automatically revoked if the Terms and Conditions of Use are violated. The failure by the Provider to demand compliance with any provision of this license shall not constitute a waiver of such provision or any other provision contained in the license.

  1. Duration of the ADEPLUS SUITE license

The User will have access to the ADEPLUS SUITE for the period determined in the Service Provision Contract linked to this license, as long as it is in force.

In case of loss of validity of the contractual relationship for any reason, the Client is granted a period of 30 natural days to recover the records entered in the Portal, this circumstance will be communicated to the Client by email sent from the address contacto@adeplusconsultores.com. After this period, the records will become inaccessible. The Client is reminded that certain records accessible through the ADEPLUS SUITE may be subject to legal retention obligations.

Likewise, non-compliance with the Terms and Conditions of Use is cause for termination of the license.

  1. Operation and suitability of the ADEPLUS SUITE.

The ADEPLUS SUITE is an application designed to facilitate the management of certain regulations. The assessment of the functionalities of the Portal in terms of its adequacy to the characteristics of the user Entity, and its suitability, as well as the definition of its scope of application or its effective implementation, are the responsibility of each Client.

ADEPLUS SUITE allows interaction with the application according to the role assigned to the user of the Entity, the different roles are listed below:

  1. Client Administrator User with configuration permissions, query of records, and user registration/deletion.

  2. User, with the necessary permissions to access the platforms defined by the Client Administrator.

The Portal may generate emails directed to the accounts of the Client Administrator and User.

Some of the websites are designed in responsive mode, adapted for use on mobile devices, so it is possible that the presentation and content of the different mobile applications do not match or be accurate to those of the portal or the different websites.

The use of the Service requires compatible devices and Software as well as access to the Internet (subject to the rates applied by your corresponding provider).

ADEPLUS websites are provided with the necessary security and quality certificates or accreditations to offer a secure environment to users. Service information is securely transmitted encrypted using the SSL protocol. However, we recommend that you follow all recommendations for secure browsing provided by ADEPLUS. For more information on data protection, please refer to your Service Provision contract, these Terms and Conditions of use, and our Privacy Policy at www.adeplusconsultores.com/politica-privacidad

If you require further information, please contact contacto@adeplusconsultores.com

  1. Intellectual and industrial property.

All texts, images, content, logos, trademarks or not, as well as the means and forms of presentation and assembly of the websites, are owned originally or derivatively by ADEPLUS. Consequently, they are protected works or contents as intellectual property and/or industrial property by Spanish law in accordance with Royal Legislative Decree 1/1996, of April 12, approving the revised text of the Intellectual Property Law, regulating, clarifying, and harmonizing the current legal provisions on the subject and by Law 17/2001, of December 7, on trademarks, being also applicable to them both the Spanish and European regulations in the aforementioned fields, as well as the international treaties on the subject signed by Spain.

All rights to the contents are reserved, expressly prohibiting the reproduction, distribution, public communication, transformation, and/or any mode of use, in whole or in part, of the contents of the websites without the express consent of ADEPLUS.

However, at your own risk, the user may download or make a copy of such elements exclusively for personal use, provided that none of the intellectual or industrial property rights of ADEPLUS are infringed. In particular, they may not alter, modify, or delete them in whole or in part. In no case shall this imply authorization or license on the property rights of ADEPLUS.

The foregoing without prejudice to the download of the deliverable elements that constitute the contracted service.

  1. User obligations

6.1 The user acknowledges that the ADEPLUS SUITE is the exclusive property of ADEPLUS, and undertakes to respect the intellectual or industrial property rights of the author, and may not alter, modify in any way, or transform its original format, nor exploit it for commercial purposes. In general, the user agrees to the correct use of the Service, in accordance with the current legislation applicable to it and the contents of these conditions, refraining from using the Software and/or Service to carry out unlawful activities or activities constituting crimes and/or that infringe any legal provision or third-party interests.

ADEPLUS does not authorize you to:

  • Violate, modify, bypass, decompile, disassemble, manipulate or reverse engineer the Software or any component thereof, and not to attempt or assist any third party in carrying out such actions. Separation of components is prohibited.

  • Access the Service through means other than those provided by the Provider to access the Software.

  • Use modified versions of the Software not provided by the Provider.

  • Assign the use, lease, sale, distribution, donation, and any other type of transmission of the Software or its components to another person or entity.

  • Send, transfer, or export the Software to any country, or use the Software in any way, that is prohibited by export laws, restrictions, or regulations.

6.2 The Software cannot be used in any way that damages, disables, disables, overloads, or impairs the Service.

6.3 The user exempts the Provider from any liability arising from the inaccuracy of the data provided or the operation of the Service.

6.4 The user is responsible for the use of the program by other persons using it under his direction.

  1. Liability

7.1 Both access to the ADEPLUS SUITE and the use that may be made of the information contained therein is the sole responsibility of the person who carries it out, although the Provider has the right to claim damages and losses from the Entity for damages caused by personnel under its direction.

7.2 ADEPLUS is not responsible for possible security errors that may occur or for possible damages that may be caused to the User's computer system (hardware and software), files, or documents stored therein, as a result of the presence of viruses on the User's computer used to connect to the services and contents of the Website, malfunction of the browser or the use of non-updated versions thereof.

7.3 ADEPLUS does not guarantee the absence of errors in accessing the Portal, in its content, or that it is up-to-date, although the Provider will make its best efforts to avoid them, correct them, or update them if necessary.

7.4 ADEPLUS may cease to provide or alter the Service without prior notice, without generating any liability for the Provider to the user or third parties for this reason, provided that prior notice is sent to the address provided by the user Entity, with a minimum notice period of 3 months, during which time the Entity may download all the information from the Portal concerning its Organization.

The modification of the Software and/or Service will respect the purpose and object of the Service.

7.5 ADEPLUS declines any responsibility regarding the Service, and is not responsible for damages and losses of any kind derived from the lack of availability, malfunction, or continuity of the operation of the Service due to technical incidents in the systems or any other cause of its own or of third parties.

7.6 ADEPLUS is not responsible for the consequences arising from the user's breach of the Terms of use of the Service and, consequently, the user is the sole and exclusive responsible for the damages or losses caused to other users of the Service and/or third parties as a result of the behavior and use of the information obtained by users of the Service.

7.7 The Provider disclaims any responsibility for modifications made to the Software and/or Service without the express consent of the Provider, as well as for the incorrect use made of them, whether of the original distributed by the Provider or of modifications or derivative products of the Software (including those derived from the source code) authorized and unauthorized by the Provider.

  1. Confidentiality and Data Protection

ADEPLUS and User (hereinafter jointly referred to as "the Parties") undertake to maintain absolute confidentiality regarding all information and documentation mutually provided regarding personal data, production processes, or work techniques that have been mutually known, refraining from communicating, commenting on, or providing it in whole or in part to third parties. The confidentiality assumed covers all reciprocal knowledge that exists at the time of signing this contract or in the future, and extends to all stakeholder groups, expressly establishing that all persons authorized to handle this type of information have committed to respecting confidentiality or are subject to a statutory confidentiality obligation.

Likewise, in the terms provided in the professional services contract entered into between the Client and ADEPLUS, the parties acknowledge that ADEPLUS offers sufficient guarantees to apply appropriate technical and organizational measures, so that the data processing inherent in these Conditions complies with the requirements of Regulation (EU) 2016/679 on Data Protection and the Organic Law 3/2018 on Data Protection and Digital Guarantee, and guarantees the protection of the rights of the data subjects. For this reason, expanded information is provided regarding the data processing necessary for the activities of making available and maintaining the SUITE on the website of Adeplus Consultores

  1. Duration of the Terms and Conditions

ADEPLUS reserves the right to make modifications it deems appropriate, without prior notice, to the content of the website. Both in relation to the contents of the sites and the conditions of use thereof. These modifications may be made, through the website, by any legally admissible means and shall be binding for the time during which they are exclusively published and available on the websites and until they are modified by subsequent ones.

  1. Applicable law and jurisdiction.

ADEPLUS also reserves the right to take civil or criminal actions it deems appropriate for the misuse of its websites and content, or for breach of these conditions.

The parties agree, of their own free will, that the relationship between the User, as an entrepreneur, and ADEPLUS shall be governed by the current Spanish regulations, and shall be competent to decide on any dispute that may arise between the User and ADEPLUS, the courts or tribunals of the city of Badajoz.