1. GENERAL CONDITIONS

This website www.bixpe.com is property of ABBANZA RESEARCH INT SL with CIF B84596113 and fiscal address in SEVERO OCHOA, 11 2ª PLT. OFIC 5 28521, RIVAS-VACIAMADRID (MADRID).

The General Contracting Conditions regulate the distance service contracting relationship between ABBANZA RESEARCH INT SL and the client, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, on General Contracting Conditions, Organic Law 15/1999, of December 13, on Personal Data Protection, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

ABBANZA RESEARCH INT SL reserves the right to make any changes it deems appropriate in these General Terms and Conditions, the application of which will only bind the customer if he/she formalizes the contract in force at that time. It is for this reason that the modifications will not be applied retroactively. Such modifications may be made, through its websites, by any form admissible by law and shall be binding during the time they are published on the web and until they are not validly modified by subsequent ones.

It is a prerequisite to register as a customer of the web to purchase our service. You can access the corresponding section for registration on the website.

During the purchase of the service, the customer must identify himself/herself with the user name and password provided. These data will not be public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a customer, not being able to transfer them to another. You can modify the registered information at any time, in your customer area. In this same section you will have access to a history of your contracted services, this is only a consultation section but its management is allowed, and the customer can delete those records that he/she considers it is not necessary to view.

Once the contracting of the service has been completed, you will receive a confirmation of the service by e-mail as well as the present contracting conditions. It is essential that during the purchase process the client indicates a valid e-mail address. If you do not receive the confirmation within 24 hours from the end of the service, please contact ABBANZA RESEARCH INT SL at the customer service telephone number +34916561612 or by e-mail INFO@ABBANZA.COM.

All the contents of the website are in Spanish and English.

1.1 Characteristics, offer and validity of services

In compliance with current regulations ABBANZA RESEARCH INT SL offers information on all its services, their essential characteristics, prices and validity. However, ABBANZA RESEARCH INT SL reserves the right to withdraw or change the services offered through its website, by simply changing the content of the same. In this way, the services offered at all times by the web will be governed by the General Contracting Conditions in force in each case. Likewise, the company shall have the right to stop offering, without prior notice and at any time, access to the aforementioned services.

1.2 Pricing

All the services indicated in our plans indicate the monthly fee in Euros and per device.

Prices shown do not include Value Added Tax (VAT).

If any other tax is applicable, this would be indicated.

1.3 Methods of payment and performance of the service

The client will be able to pay the amount of the service by choosing any of the following ways. During the purchase process you must indicate your choice:

• VISA or MASTERCARD credit card via Paypal

All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All information you transmit to us travels encrypted over the network.

Likewise, your credit card information is entered directly into a website hosted on our servers and is automatically forwarded to Paypal’s servers. In no case, Abbanza Research INT S.L. will store your credit card information.

When paying by VISA or MASTERCARD, you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction.

This payment method is valid only on the web.

When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the cardholder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and recredit entries in the accounts of the supplier and the cardholder shall be made as soon as possible.

However, if the purchase had actually been made by the cardholder and the demand for refund was not the result of exercising the right of withdrawal or termination and, therefore, had unduly demanded the cancellation of the corresponding charge, the cardholder shall be liable for compensation for damages caused as a result of such cancellation.

ABBANZA RESEARCH INT SL then sends this data to Paypal, which processes the payment.

Paypal allows you to send payments online securely and conveniently. The PayPal network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. Paypal offers a service specially designed for those who are not satisfied with traditional payment mechanisms.

Más información en Paypal: http://www.paypal.com

As it is a monthly subscription service, at the time of purchase the customer’s credit card is charged for the amount corresponding to that month. In addition, a subscription is created in Paypal so that the credit card provided by the customer is automatically charged every month.

ABBANZA RESEARCH INT SL undertakes to perform the service within a maximum of 2 days from the day following the request for service.

1.4 Claims

If the customer wishes to file a complaint, the ABBANZA RESEARCH INT SL establishment is located at SEVERO OCHOA, 11 2ª PLT. OFIC 5 28521, RIVAS-VACIAMADRID (MADRID) or via e-mail INFO@ABBANZA.COM

1.5 Data protection

ABBANZA RESEARCH INT, S.L. (hereinafter, ABBANZA), with address at Severo Ochoa Street, n.11 2ª Plt. Ofic. 5, 28521 Rivas Vaciamadrid (Madrid) and CIF: B84596113, with respect to the personal data that the Client manages through the BIXPE tools and for the purposes of current legislation on data protection, is configured as the data processor of such data.

The obligations and responsibilities of the parties (ABBANZA and the Client) with respect to such data processing are detailed below. The Customer, by expressly accepting the terms and conditions of use of BIXPE in the registration process, also accepts the conditions of ABBANZA as data processor. However, the Client may formalize a data processing contract on behalf of third parties with ABBANZA by downloading it here and sending it, duly signed, to ABBANZA at the above address or by e-mail to info@abbanza.com.

DESCRIPTION OF SERVICES

By accepting the terms of use, the Client authorizes ABBANZA to process, on its own behalf, the personal data necessary to provide the mobile work management services through the tools described at https://www.bixpe.com/aplicaciones-para-la-transformacion-digital-de-las-empresas/.

The processing shall be carried out on the premises and with the information systems of ABBANZA and shall be limited to the collection, structuring and storage of the following data of the Client and of the users of the BIXPE tools: company name, corporate VAT number, fiscal address, billing data, name and surname, e-mail, telephone number, GPS positioning, and data configured by the Client himself in case of using the dynamic forms service.

2. ABBANZA’S OBLIGATIONS AS DATA PROCESSOR

 Use personal data only for the purpose of this order with express prohibition to use them for own purposes.
 Keep a record of all categories of processing activities carried out on behalf of the Client containing, as a minimum: name and contact details of the Client, categories of processing carried out including, where applicable, international transfers and a general description of technical and organizational security measures applied to the data processing.
 Not to communicate personal data to third parties, except with the express authorization of the Client and in the legally admissible cases. However, ABBANZA may communicate the data to other data processors of the Client, in accordance with the instructions of the Client, who must identify, in advance and in writing, the entity to which the data must be communicated, the specific data to be communicated and the security measures to be applied to proceed with such communication.
 Inform the Customer in advance if it is required to transfer personal data to a third country or an international organization under applicable Union or Member State law, unless such law prohibits it for important reasons of public interest.
 Not to subcontract any of the services subject to processing, involving the processing of personal data, except for auxiliary services necessary for the normal operation of ABBANZA’s services. If it is necessary to subcontract any processing, this fact must be previously communicated in writing to the Client, indicating the processing to be subcontracted and clearly and unequivocally identifying the subcontractor and its contact details. The subcontracting may be carried out if the Client does not express its opposition within five calendar days from receipt of the communication. ABBANZA shall regulate the new relationship in such a way that the new processor is subject to the same conditions and with the same formal requirements as the latter, with regard to the proper processing of personal data and the guarantee of the rights of the persons concerned.
 Maintain the duty of secrecy regarding the personal data to which it has access by virtue of this assignment, even after the end of its purpose, and ensure that the persons authorized to process personal data undertake, expressly and in writing, to respect the confidentiality and duty of secrecy and to comply with the corresponding security measures, of which it undertakes to provide appropriate information. ABBANZA shall keep at the Client’s disposal the documentation evidencing compliance with this obligation.
 Ensure the necessary training in personal data protection for persons authorized to process personal data.
 Assist the Client in responding to the exercise of the rights of access, rectification, erasure and objection, limitation of processing, data portability and not to be subject to automated individualized decisions (including profiling). In the event that the persons concerned exercise such rights before ABBANZA, the latter shall inform the Customer immediately (and in no case later than the working day following the day of receipt of the request) together, where appropriate, with other information that may be relevant for the Customer to be able to resolve the request.
 Notify the Customer, without undue delay, and in any event not later than 72 hours, of any breach of security of the personal data under its responsibility of which it becomes aware, together with all relevant information (including but not limited to: description of the nature of the personal data security breach, including, where possible, the categories and approximate number of data subjects affected, description of the possible consequences of the personal data security breach, and description of the measures taken or proposed to be taken to remedy the personal data security breach, including, where appropriate, measures taken to mitigate possible negative effects). If it is not possible to provide the information simultaneously, the information shall be provided gradually and without undue delay. Notification shall not be required where such a breach of security is unlikely to constitute a risk to the rights and freedoms of data subjects.
 To support the Client in carrying out data protection impact assessments and in carrying out prior consultations with the supervisory authority, where appropriate.
 Make available to the Client all information necessary to demonstrate compliance with its obligations, as well as for the performance of audits or inspections carried out by the Client or another auditor authorized by the Client.
 Adopt the following technical and organizational measures to ensure the continued confidentiality, integrity, availability and resilience of processing systems and services and to restore availability in the event of a physical or technical incident:

– Personnel. Define the roles and obligations of the different users or user profiles.
– Access control. Control the accesses allowed to each user (internal or external) according to the assigned functions.
Implement mechanisms that prevent access to data or resources with rights other than those authorized.
– Controls and audits. Periodically carry out reviews and audits of the security measures implemented to verify that they are working properly.
– Identification and authentication. Implement mechanisms for unequivocal and personalized identification and authentication of users. Have a procedure for assigning, distributing and storing passwords that guarantees their confidentiality and integrity. Store passwords in an unintelligible form. Change passwords with a minimum frequency. Implement mechanisms that limit the possibility of repeatedly attempting unauthorized access to information systems.
– Backup copies. Establish backup and recovery procedures that allow the recovery or reconstruction of data at any time. Perform backup copies with a minimum frequency. Periodically verify backup procedures by performing restores.
– There is a mechanism for the periodic deletion of information once the purpose for which the personal data was collected and processed has been completed.

These security measures may be subsequently modified in order to adapt them to the data protection regulations that may be applicable at any given time. For such purposes, ABBANZA shall notify the Customer by a reliable means of the new security measures implemented.

3. CUSTOMER OBLIGATIONS

 Inform users of the processing of their data for inclusion in the BIXPE tools. However, ABBANZA will provide the user, with the download of BIXPE, information on the processing of their data; information that must be expressly accepted by checking the corresponding box.
 Perform an assessment of the impact on the protection of personal data of the processing operations to be carried out by ABBANZA, where appropriate, as well as make prior consultations with the relevant Supervisory Authority.
 Communicate to the data subject and to the Data Protection Authority any security breaches that may occur as a result of the processing of data by ABBANZA.
 To ensure ABBANZA’s compliance with the regulations in force and to supervise such processing.

4. DESTINATION OF THE DATA

In case of cancellation of the service, the data will be kept in ABBANZA’s systems, duly blocked, for a maximum period of 1 year in order to meet the possible liabilities that may arise from the execution of the service. After this period, the data will be permanently deleted.

5. RESPONSIBILITIES

If ABBANZA fails to comply with the regulations in force regarding the protection of personal data and, in particular, if it infringes them when determining the purposes and means of the processing, it shall be liable for the infringements it may have personally incurred.

Neither party assumes any liability for any breach of the applicable data protection regulations by the other party.

6. ENTRY INTO FORCE AND DURATION

The present contract data processing conditions will come into force from the moment the Customer starts using the BIXPE tools and will remain in force until the termination of the service.

7. INFORMATION

In compliance with the provisions of the current regulations on Personal Data Protection, ABBANZA informs of the processing of personal data provided by the Customer in order to provide the requested service. The basis for the processing is the legitimate interest in maintaining business relations. The data will be kept as long as the relationship is maintained and its deletion is not requested and in any case in compliance with the applicable legal statute of limitations.

No data will be transferred to third parties, unless required by law, nor are international transfers of such data planned.

Interested parties may exercise their rights of access, rectification, deletion, portability and limitation or opposition by writing to ABBANZA.

Likewise, the interested parties have the right to complain to the Control Authority (Spanish Data Protection Agency: www.agpd.es).

8. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the provisions of the territorial scope described in Article 3 of EU Regulation 2016/679 on Data Protection and other applicable state-level regulations.

For all effects derived from the present conditions, the parties expressly submit themselves to the Courts and Tribunals of Madrid city, renouncing to their own jurisdiction, if any other.