Version 1.0 / 2020
This document establishes the general conditions of use of this Web platform, and which is owned and operated by DIGITAL PRODUCTS DEVELOPMENT, SL, (hereinafter, “THE SUPPLIER”) and natural and / or legal persons (hereinafter, ” TRIAL USER “) that express the will to access the services in the Test User mode. Access to the service is limited to the access time offered in each house by THE SUPPLIER.
ITHIKIOS is an online platform through which customers can manage their internal complaint channels, guaranteeing the anonymity of the complainants, in accordance with the provisions of current regulations.
FIRST.- OBJECT OF THE CONTRACT.-
By these General Conditions, THE SUPPLIER undertakes to allow the TRIAL USER to access ITHIKIOS remotely from any computer with Internet access under the conditions established in these General Conditions of Use.
By requesting the services, the TRIAL USER and the acceptance of these General Conditions of Use declares that:
SECOND. – DEFINITIONS
For the purposes of a better understanding of these General Contract Conditions, the following definitions accepted by the Parties are established:
Client: natural or legal person who contracts the service accepting these General Contract Conditions and who acquires, through the aforementioned acceptance, the ITHIKIOS user license.
Users: individuals who maintain a working relationship with the Client and who are authorized to access ITHIKIOS in order to manage internal reporting channels. The Client may enable authorized Users to manage internal complaint channels through its Control Panel.
Whistleblower: natural or legal person who can use ITHIKIOS to communicate complaints to the CLIENT that may be managed by the CLIENT according to its internal protocols. In accordance with current regulations, ITHIKIOS guarantees the anonymity of the complainant.
THIRD.- ACCEPTANCE AND PROOF OF ACCEPTANCE.-
The activation of the service in the test mode implies that the TRIAL USER must accept these conditions previously and expressly.
From the moment of acceptance, the condition of TRIAL USER is acquired. Any product or service offered subsequently by THE SUPPLIER must be the subject of a new contract.
THE SUPPLIER informs you that for legal reasons it files the electronic documents in which the acceptance of these General Conditions of Use is formalized, which the TRIAL USER may access at any time.
FOURTH.- ALTERATION OF THE GENERAL CONDITIONS.-
THE SUPPLIER reserves the right to modify these General Conditions at any time, without the need to previously notify the TRIAL USER, who in any case is responsible for reviewing them as a prerequisite for activating any service available through ITHIKIOS. In any case, the General Conditions that were exposed in ITHIKIOS at the time that the TRIAL USER activates their account will be considered valid and applicable.
FIFTH.- RIGHTS AND OBLIGATIONS OF THE SUPPLIER.-
5.1. Provision of the service.- Once the service has been requested and following the steps that you will find in ITHIKIOS, the TRIAL USER will receive an e-mail with the confirmation of the service and from that moment, they will be able to use the platform with the conditions established in each case by the supplier.
5.2. Responsibility of THE SUPPLIER. In no case will it be responsible in relation to:
5.2.1. Of the custody of the data hosted in ITHIKIOS by the TRIAL USER, if not, they acquire the status of Client.
5.2.2. Errors, delays in access by the TRIAL USER when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of the company.
5.2.3. Of the errors or damages produced by an inefficient use of the service and in bad faith on the part of the TRIAL USER.
SIX.- OBLIGATIONS OF THE TRIAL USER.-
6.1. The TRIAL USER must make good use of the platform and service offered by THE PROVIDER. The TRIAL USER undertakes to make lawful use of the services offered through ITHIKIOS, without contravening current legislation, or harming the rights and interests of third parties.
6.2. The TRIAL USER is also responsible for making good use of their TRIAL USER profile and access password to ITHIKIOS, committing to make diligent use of them, and not making them available to third parties, as well as to communicate to THE SUPPLIER the loss or theft thereof or possible access by an unauthorized third party, in such a way that THE SUPPLIER can proceed to the immediate blocking.
6.3. The TRIAL USER may not:
(i) Modify, disassemble, decompile or otherwise manipulate to obtain the source code of ITHIKIOS;
(ii) Reveal all or part of ITHIKIOS, acknowledging the TRIAL USER that ITHIKIOS contains and constitutes confidential information of THE PROVIDER;
(iii) Copy or reproduce ITHIKIOS, except in cases expressly provided by law; or
(iv) Assign, rent, lease or otherwise distribute any part or all of ITHIKIOS to third parties either permanently or temporarily
6.4 The TRIAL USER expressly agrees to:
(i) Use ITHIKIOS according to the conditions established in these General Conditions of Use.
(ii) Take reasonable measures to protect ITHIKIOS from unauthorized uses under the terms of these General Conditions of Use.
(iii) Use ITHIKIOS as directed by THE SUPPLIER regardless of the format in which they are accessible.
7.1.- THE SUPPLIER in no case will it be responsible for:
7.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions so that it is not guaranteed that ITHIKIOS services are constantly operational for reasons beyond the control of THE SUPPLIER.
7.1.2.- Of the production of any type of damage that the TRIAL USER or third parties could cause in ITHIKIOS.
7.2.- THE SUPPLIER reserves the right to suspend access without prior notice in a discretionary manner and with a definitive or temporary nature until the assurance of effective responsibility for any damages that may occur. Likewise, THE SUPPLIER will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity.
7.3.- THE SUPPLIER does not control the conditions under which the TEST USER uses ITHIKIOS, so it cannot guarantee and does not guarantee the performance or the results that may be obtained with its use.
The foregoing guarantees are the only ones granted by THE SUPPLIER with respect to the performance of ITHIKIOS works in accordance with the specifications described or the results that can be obtained from its use.
The TRIAL USER acknowledges having received from THE SUPPLIER all the information that allows him to sufficiently know ITHIKIOS object of these General Conditions of Use and to appreciate its suitability to his needs.
7.4.- THE SUPPLIER shall not be bound by these General Conditions of Use to indemnify the TEST USER for losses, damages, costs or expenses incurred by the TEST USER with respect to any claim for infringement based on or is a consequence of:
(i) Any combination, operation or use of ITHIKIOS with any other application unless expressly authorized or ordered by THE SUPPLIER;
(ii) Any unauthorized alteration or modification of ITHIKIOS.
(iii) The lack of use by the TRIAL USER of corrections or improvements made available by THE SUPPLIER;
(iv) Any manipulation of ITHIKIOS by a person not authorized by THE SUPPLIER.
8.5.- The TRIAL USER agrees to THE SUPPLIER to indemnify him and to exempt him and his shareholders, directors, directors, employees, agents, successors and / or assignees from liability for each and every one of the losses suffered or incurred by any of them as a consequence of:
(i) The falsity of any manifestation made;
(ii) The breach of the TRIAL USER of any of his obligations derived from this license;
(iii) Any act of negligence, fraud or bad faith by itself or through its agents or employees related to the fulfillment of its obligations and / or the exercise of its rights under this license;
(iv) Compensation for direct and indirect damages, including lost profits and consequential damages.
7.6.- The rights and guarantees contained in this clause are the only ones conferred on the other party, except for those expressly included in the clauses of these General Conditions of Use. Any liability derived from the performance of ITHIKIOS and / or the results obtained with its use is expressly excluded.
7.7.- THE SUPPLIER shall not be obliged to correct any deficiency of ITHIKIOS.
7.8.- THE SUPPLIER will proceed to delete the data and records generated by the TRIAL USER when the test period has elapsed without the TRIAL USER having acquired the status of CUSTOMER.
EIGHTH .- DATA PROTECTION:-
The personal data obtained through the ITHIKIOS service, from the TEST USER who access it, will be processed by DIGITAL PRODUCTS DEVELOPEMENT, SL, with address at c / Montblanc, 17a, 08195 Sant Cugat del Vallés (Barcelona), with the purpose to manage and control access to the website, as well as to provide the services requested by the TRIAL USER.
The SUPPLIER may use the contact information of the TRIAL USER to contact him by any means, in order to know his user experience and to know his degree of satisfaction with ITHIKIOS, all in accordance with the legitimate interest of the SUPPLIER.
Likewise, the contact details of the TEST USER may be used by THE SUPPLIER for commercial purposes, always to promote or advertise products or services similar to those contracted provided that the TEST USER has given their express consent to this end. The TRIAL USER may exercise their right of opposition in each communication and in accordance with the conditions established in this clause of the Contract.
The TRIAL USER may exercise their rights of access, rectification, deletion, opposition, limitation of treatment, portability and the right not to be subject to automated individual decisions, including profiling, through the indicated postal mail or email, Providing a copy of your ID or equivalent document, and identifying yourself as a TEST USER of this service.
In the event that the TRIAL USER provides for the use of the tool, personal data of third parties (for example complainants or their own workforce), the following will apply:
It is recommended that during the trial period, the TRIAL USER refrain from entering real personal data in ITHIKIOS, without prejudice to the foregoing and in the event that the data entered were of real people, the TEST USER declares to be legitimized in relation to to the treatment of the data of the users or complainants whose data is hosted in ITHIKIOS.
THE SUPPLIER may in no case use the personal data provided by the TRIAL USER for purposes other than those provided in these General Conditions of Use or those resulting from the provision of the service. Nor can you transfer them to third parties, not even for their conservation.
THE SUPPLIER will take as many technical and organizational measures as are necessary to guarantee the protection of personal data and files owned by the TRIAL USER, in the event of destruction, loss, undue alterations, assignments and unauthorized access by it, and in In any case, the security measures indicated in article 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data will be adopted. and the free circulation of these data (hereinafter, the “RGPD”).
For the purposes of data protection regulations, THE SUPPLIER will be considered as the person in charge of the treatment of the data under the responsibility of the TEST USER archived in ITHIKIOS and, in accordance with that, it is expressly established that THE SUPPLIER will only process the data in accordance with the instructions of the TEST USER, expressed in these General Conditions of Use, who will not apply or use them for purposes other than those listed here, nor will they communicate them, not even for their conservation, to other people.
THE SUPPLIER undertakes to adopt and implement technical and organizational measures to guarantee the security, integrity and availability of the data hosted in ITHIKIOS in accordance with current regulations, for as long as the TRIAL USER remains active.
THE SUPPLIER undertakes not to subcontract any of the services that are part of the object of this Contract that involve the processing of personal data, except for the auxiliary services necessary for the normal functioning of the Services of the Person in Charge.
If it is necessary to subcontract any treatment, this fact will have to be communicated in advance and in writing to the Responsible, 15 days in advance, indicating the treatments that it is intended to subcontract and clearly and unequivocally identifying the subcontractor company and its contact details. Subcontracting may be carried out if the Controller does not express his opposition within the established period.
The subcontractor, who will also be in charge of the treatment, is also obliged to comply with the obligations established in this document for THE SUPPLIER and the instructions issued by the Responsible Party. It is the responsibility of the initial Manager to regulate the new relationship so that the new Manager is subject to the same conditions (instructions, obligations, security measures …) and with the same formal requirements as him, with regard to the proper processing of personal data and the guarantee of the rights of the affected persons. In the event of non-compliance by the sub-manager, the initial Manager will continue to be fully responsible to the Manager in relation to the fulfillment of the obligations.
Notwithstanding the foregoing, the CLIENT expressly authorizes in this act to subcontract the services indicated below to the following providers:
THE SUPPLIER declares in this act that in relation to the previous suppliers, it has signed a contract under the terms provided in art. 28 of RGPD and that it will respond directly to the CLIENT for any breach that said providers may incur in terms of personal data protection.
THE SUPPLIER will notify the CUSTOMER, without further undue delay, and in any case before the maximum period of 72 hours, and through the email provided by THE CUSTOMER, the violations of the security of the personal data in his charge of which he has knowledge , together with all the relevant information for the documentation and communication of the incident.
Notification will not be necessary when it is unlikely that the breach of security constitutes a risk to the rights and freedoms of natural persons.
If available, at least the following information will be provided:
If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.
Once the trial period has expired, and when they are no longer necessary to continue with the order carried out, the personal data will be destroyed by THE SUPPLIER, as well as any support or documents in which any personal data object treatment.
NINTH .- COPYRIGHT AND TRADEMARK RIGHTS.-
THE SUPPLIER informs that ITHIKIOS, a technological solution for internal complaint channels, has been developed and made by THE SUPPLIER and has the appropriate licenses and permissions to use any content, programming code, design or materials associated with it.
The articles, content, images, brands or direct logos of the company are owned by THE SUPPLIER or by people or companies that have expressly authorized their publication; or that they are subject to licenses that allow us to use these materials appropriately and in that sense.
TENTH.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These general conditions are governed by Spanish law. To determine the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on information society services and e-commerce. In the event that the TRIAL USER is not considered a consumer, any relational conflict with the interpretation or execution of these General Conditions of Use will be submitted to the jurisdiction of the Courts of the city of Barcelona.
ELEVENTH.- ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE DISPUTES.-
Without prejudice to what is indicated in the previous clause, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/. TRIAL USERS who have the status of consumers, may submit their claims through the online dispute resolution platform.
TWELFTH. – NULLITY OF CLAUSES.-
In the event that any clause of these General Conditions is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. THE SUPPLIER may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly acknowledged by THE SUPPLIER.