CONECTIO GENERAL TERMS AND CONDITIONS (B2B)
Please read the General Terms and Conditions (hereinafter, the "GTC") carefully before accessing or using the website https://www.conectio.io/ and the talent selection services provided by CONECTIO (hereinafter, jointly referred to as the "Platform"). The following GTC govern access to, navigation of and use of the Platform. These GTC regulate access to and use of the services provided by Conectio, which include the selection and optimisation of talent recruitment processes, using a proprietary methodology and technology to ensure a "perfect match" between candidates and companies. The conditions published at the time the User accesses or uses Conectio's services shall be deemed in force.
The conditions in force shall be those published at the time the Client accesses CONECTIO's Platform.
If any provision of these GTC is declared inapplicable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining terms and obligations shall remain in full force and effect and binding.
CONECTIO may delete, modify or replace the contents of this document at any time, notifying the Client through the Platform or by email, without giving rise to any right of indemnification on the part of the Client.
CONECTIO may translate these Terms and Conditions or any other policy published on the Platform. In the event of conflict, the Spanish version shall prevail over other translations.
ACCEPTANCE OF THE TERMS AND CONDITIONS
By registering and using the Platform, the Client (hereinafter, the "Client") accepts and undertakes to comply with all the GTC set forth in these GTC. Any Client has the possibility of registering or using the Platform, provided that they accept the GTC, as well as all other policies and principles that govern the operation of the Platform and which are detailed below.
By accepting the GTC, Users undertake to always act in accordance with the provisions set forth in this legal document and the corresponding regulations. In the event of total or partial disagreement with these GTC, Users must refrain from using the Platform.
The service offered on this Platform is subject to: (i) these General Terms and Conditions; (ii) Particular Conditions that may be published on the Platform and which may replace, supplement and/or modify these GTC; (iii) the laws in force and applicable, sector-specific regulations, and general criteria and practices.
CONECTIO reserves the right to modify the presentation, configuration and content of the Platform, as well as the conditions required for its access and/or use. Access to and use of the content and services after the entry into force of such modifications or changes to the conditions shall imply acceptance thereof.
DETAILS OF THE OWNER OF THE Platform
In compliance with the duty of information set forth in article 10 of Ley 34/2002, de 11 de Julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico (Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, "LSSI-CE"), the details of the owner of the Platform are set out below:
- Owner: CONECTIO DIGITAL SOLUTIONS, S.L.
- CIF (Tax ID): B19956994
- Registered Office: Calle Manuel de Falla 13, 4º 2ª, 08034, Barcelona, Spain
USE OF THE PLATFORM
CONECTIO offers the Platform in order to facilitate the interaction between client companies (hereinafter, the "Client") and candidates seeking employment opportunities (hereinafter, the "Users" or the "User"). The Platform is designed to optimise the talent selection process from the search for candidates through to the validation of their skills and the assessment of their suitability.
These General Terms and Conditions (GTC), together with the Privacy Policy and any other information related to the use of the Platform, are mandatorily applicable to all Clients from the moment they access the Platform. These GTC are binding and apply to all activities carried out through the Platform, including the management of candidates, interaction with the CONECTIO team, and the use of any additional functionalities the Platform may offer. By accessing or using the Platform, the Client accepts these terms in their entirety.
The Client is responsible for ensuring that all persons accessing the Platform through its account, whether employees, subcontractors or any third party authorised by the Client, are duly informed of these GTC and comply with them. Any action carried out through the Client's account shall be deemed to have been carried out by the Client, and CONECTIO shall not assume any responsibility for the unauthorised or improper use of the Platform by third parties accessing with the Client's credentials.
The Client declares that the use of the Platform does not imply the creation of any employment relationship, direct or indirect, with CONECTIO. The activities carried out on the Platform are limited to a commercial relationship between the Client and CONECTIO, the sole purpose of which is the provision of talent selection services. CONECTIO acts solely as the provider of a technological solution to facilitate the selection process, and not as an intermediary in the employment relationship between the Client and the candidates.
The Client has access to all relevant information to fully understand and explore the operation of the Platform before starting to use it. This includes guides, tutorials, technical support, and any other information necessary to ensure the correct use of the Platform's functionalities. CONECTIO guarantees transparency in the provision of its services, allowing the Client to make informed decisions about the hiring of candidates through the Platform.
The Client undertakes to use the Platform solely for the purposes provided for in these GTC, related to the search, evaluation and selection of talent. The Client undertakes to refrain from using the Platform for unlawful, fraudulent purposes, or contrary to applicable regulations, these GTC, or the interests and policies of CONECTIO. In particular, the Client undertakes not to perform the following actions:
● Use the Platform to infringe the rights of third parties, including intellectual property, privacy or data protection rights.
● Use any mechanism, software or routine that interferes with the proper operation of the Platform.
● Upload or transmit on the Platform any material that is defamatory, obscene, offensive or that contains viruses or other malicious software programs.
● Access areas of the Platform restricted for the exclusive use of CONECTIO personnel, or attempt to manipulate or circumvent the Platform's security systems.
● Use candidate data obtained through the Platform for purposes unrelated to the selection process or outside the applicable legal framework on data protection.
In the event of non-compliance with these obligations, CONECTIO reserves the right to suspend or cancel the Client's access to the Platform immediately, without prior notice, and to take the appropriate legal action. In addition, CONECTIO may require the Client to remedy any damages arising from such non-compliance.
SERVICES
CONECTIO undertakes to provide its clients, who operate in the digital sphere and related sectors, with a Software as a Service ("SaaS") solution specifically designed to optimise their talent selection processes and enhance the operational efficiency of their human resources teams. This service aims to facilitate the search, evaluation and selection of the best candidates for each company, providing an agile, secure and reliable working environment. The functionalities included in the Platform are as follows:
● Integrated Candidate Management: CONECTIO offers an advanced system that enables companies to efficiently manage candidate profiles. Through this functionality, Clients can request specific searches from the CONECTIO team, based on predefined criteria that include not only technical skills, experience and location, but also aspects related to personality and corporate culture. The CONECTIO team is responsible for filtering and organising profiles according to these parameters, presenting candidates who match both the required competencies and the company's values. This methodology guarantees greater precision in selection and facilitates decision-making by Clients.
● Candidate Validation and Evaluation: The Platform incorporates tools to carry out the validation and evaluation of candidates digitally. This includes technical tests or specific skills tests for each position, as well as personality assessments to ensure that the candidate fits the organisational culture. CONECTIO also allows companies to obtain consent and sign documents digitally, such as preliminary contracts or consent forms. These tools ensure that the company can carry out a thorough analysis of candidates before making final decisions.
● Centralised Management of Candidate Data: The candidate registration functionality allows companies to maintain a detailed history of all profiles that have been managed through the platform, always in accordance with the provisions of the privacy policy. This includes relevant information such as work experience, key skills, evaluation and interview results, and any other information necessary for decision-making.
● Data Analysis and Reporting: This functionality will make it possible to evaluate the effectiveness of selection strategies, analyse candidate response times, identify bottlenecks in the process and measure the quality of the candidates presented. With these reports, companies can adjust their selection processes to be more effective and find the best talent in the shortest possible time.
REGISTRATION ON THE PLATFORM
Platform registration process: In order to access the services offered by CONECTIO, the Client must complete a prior personal registration process. This registration is essential for the Client to be able to use the functionalities of the Platform and take advantage of the SaaS solutions provided by CONECTIO in relation to the selection and management of talent. The registration process includes the creation of a unique account linked to the Client, which will allow access to the various services and efficient management of their recruitment needs.
Accuracy and truthfulness of the information provided: When registering on the Platform, the Client guarantees that all information provided during the registration process is accurate, complete and truthful. This information is necessary to ensure the proper provision of the service and to guarantee the validity of the talent selection processes. CONECTIO shall not be responsible for any inaccuracy or error in the data provided, and the Client shall assume the consequences arising from providing incorrect or incomplete information, including the possibility of suspension of its account or revocation of access to the Platform.
Registration process and account creation: The registration process on the Platform includes the creation of a unique account, which is set up by providing basic information, such as email address, company name, sector of activity and other data necessary for the correct identification of the Client. During registration, the Client will be provided with a personal and unique password, which will be required to access the Platform. This password must be kept confidential and secure by the Client.
Available Registration Methods: The Client's registration on the CONECTIO Platform may be carried out through different channels, including access from the website or subdomains (https://www.conectio.io/) or through specific applications provided by CONECTIO. The Client must follow the instructions indicated in each of the registration methods and ensure that the data provided is complete and accurate.
User Identification and Responsibility of Use: CONECTIO cannot guarantee the identity of the Users who register on the Platform through the Client's accounts. CONECTIO shall not assume any responsibility in the event that an unauthorised third party uses a registered account fraudulently or without the Client's consent. The Client is solely responsible for the actions carried out under its account, including those that may be carried out by employees or third parties who have access to the access credentials provided by the Client.
Legal Authorisations for the Provision of Services: The Client declares and guarantees that it has all the authorisations and permits necessary under the regulations in force to offer its services through the CONECTIO Platform. The Client is solely responsible for ensuring compliance with applicable laws, including personal data protection and privacy regulations and any other legislation that may be applicable in the field of recruitment and talent selection.
Responsibility for Password Security: The Client is responsible for safeguarding the security and confidentiality of its password for access to the CONECTIO Platform. The security of the Client's account depends largely on the proper management of its access credentials. Should the Client suspect that its account has been compromised or that an unauthorised third party has accessed its account, it must notify CONECTIO immediately through the established channels, so that appropriate measures can be taken.
Use of the Password and Client's Responsibility: Any access to and use of the Platform using the password and access data provided by the Client shall be considered as legitimate use by said Client. CONECTIO shall not be responsible for the actions carried out under the Client's account, and the Client shall be solely responsible for all activities carried out from its account, whether authorised or not by the Client, provided that it has not previously notified the suspicion of unauthorised use.
CONECTIO's Right to Reject or Cancel Registration: CONECTIO reserves the right to reject any registration request on the Platform, or to cancel previously accepted registrations, at its sole discretion and without the need to justify the reasons for doing so. In the event that CONECTIO decides to cancel a registration, it will notify the Client by email or other appropriate means, without this giving rise to any type of indemnification or compensation for the Client. This decision may be taken in the event of non-compliance with these GTC, lack of truthfulness in the information provided during registration, fraudulent use of the Platform, or any other circumstance that CONECTIO considers contrary to its interests or those of its Users.
ECONOMIC CONDITIONS
Services Agreement. The fees, payment methods and terms applicable to the use of the Platform, as well as any guarantees relating to candidates (including, without limitation, the possible replacement of candidates), shall be regulated exclusively in the private services agreement entered into between CONECTIO and the Client (the "Services Agreement").
LICENCE OF USE AND CONTENT
CONECTIO offers the Client access to CONECTIO under a limited, non-exclusive, non-sublicensable, non-transferable and revocable licence. The use of the CONECTIO Platform shall at all times be personal and in accordance with these GTC.
By using the benefits that the Platform provides, the Client shall grant CONECTIO and its collaborators a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sublicensable right, together with a licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such content, always by virtue of the intended purposes.
By using the Platform, the Client accepts and understands that CONECTIO may retain its content for as long as it needs to complete the purposes for which it was collected.
CONECTIO shall not be liable to third parties for the content or accuracy of any content submitted. CONECTIO has the right to remove any content or announcement submitted through the Platform at its sole discretion.
CONECTIO shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.
CLIENT'S OBLIGATIONS
If the Client becomes aware of the existence of any content that is unlawful, illegal, contrary to law or that could constitute an infringement of intellectual and/or industrial property rights, it must notify CONECTIO immediately so that it can proceed to adopt the appropriate measures. The use of the Platform for purposes other than those set forth in these GTC is expressly prohibited. Therefore, CONECTIO is not liable for the improper use or handling of the Platform.
The Platform may provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information belonging to CONECTIO or to third parties to which the Client may have access. The Client assumes responsibility for the use of the Platform and undertakes to make lawful, diligent, honest and correct use of all information or content it has access to through the Platform, all under the principles of good faith and at all times respecting the legislation in force and these GTC.
By way of example, but not limited to, Clients must refrain from:
i. Registering or communicating data that is not truthful, accurate, complete and/or up-to-date, or accessing the Platform using the name, identifying data or access keys of another User or impersonating any person or identity. Likewise, the Client is responsible for communicating to CONECTIO any modification and/or variation of any of the data communicated to CONECTIO.
ii. Causing, whether maliciously or intentionally, damages or prejudice that may impair or alter the Platform, nor introducing or spreading computer viruses that may produce unauthorised alterations of the content or systems making up the Platform. The User shall not scan or test the vulnerability of any CONECTIO system or network, or breach any security or authentication measure, or attempt to decipher or disassemble the software used by CONECTIO to offer the services through the Platform.
iii. Using the Platform for fraudulent purposes, or related to criminal offences or unlawful activities of any kind.
iv. Reproducing, copying, distributing, transforming or modifying the information and content hosted on the Platform, unless authorised by the owner of the corresponding rights.
v. Using the Platform to send, use or reuse material that contains illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening information of any kind, or that constitutes a violation of copyright, trademarks or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content and, in general, any type of unnecessary annoyance or inconvenience.
vi. Downloading, sending or otherwise distributing content or applications that may infringe any legislation in force or that may infringe any right of any party.
vii. Promoting or encouraging third parties to carry out any of the foregoing practices or contribute thereto.
viii. Sending and/or uploading: ▪ Material that is defamatory of any person. ▪ Any obscene, offensive or defamatory material. ▪ Any sexually explicit material. ▪ Any material that promotes violence. ▪ Any material that promotes discrimination on grounds of race, sex, religion, nationality, disability, sexual orientation or age. ▪ Any copyright, database right or trademark of any other person. ▪ The privacy rights of any other person. ▪ The personal data of another person, unless you ensure that such person has consented to be bound by these GTC. ▪ Any material that promotes any illegal activity. ▪ Threats, abuse, or invasion of another person's privacy. ▪ Content that causes unnecessary annoyance, inconvenience or anxiety. ▪ Harassment, nuisance, or content that embarrasses, alarms or annoys any other person. ▪ Content impersonating another person.
CONECTIO'S RESPONSIBILITIES AND WARRANTIES
CONECTIO is not responsible for the information, files or any other content uploaded by Users and/or Clients, nor does it validate the content that Clients decide to submit, and therefore CONECTIO shall not be liable, either directly or indirectly, or subsidiarily, for damages of any nature arising from communications made or content included on the Platform.
By way of example, CONECTIO is not responsible for:
▪ The satisfaction of the personal needs or requirements of the Client in relation to the resources provided by the Platform. ▪ Direct or indirect and/or intangible damages, including personal injury suffered as a result of misuse of the Platform. ▪ The loss of reputation, image, or data, that may occur during the use of the Platform. ▪ The lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the Platform's operation. ▪ Any defect, error or operating problem of the Platform.
Consequently, CONECTIO does not guarantee that the use that Clients may make of the content and services that may be included in the Platform will comply with these Terms and Conditions, nor that they will do so diligently. CONECTIO cannot guarantee the identity of any other User of the Platform.
CONECTIO reserves the right of admission and exclusion from its Platform at its free choice. Specifically, any Client that does not comply with the rules contained in these terms or makes inappropriate use of the Platform may be excluded from it.
CONECTIO reserves the right to (i) remove, suspend, edit or modify the content of the Platform at its sole discretion, at any time, without prior notice and for any reason, and (ii) remove, suspend or block any use the Client makes of the Platform.
CONECTIO also reserves the right to read, preserve, disclose and access any information it reasonably considers necessary to (i) comply with applicable law or any judicial or governmental request or requirement, (ii) enforce these GTC, including the investigation of potential breaches thereof, (iii) detect, prevent or manage fraud, security or technical issues (iv) respond to Client support requests or (v) protect the rights, property or security of CONECTIO and its Clients.
CONECTIO may subcontract all or part of the provision of the services offered on the Platform, provided that subcontractors are subject to terms and conditions equivalent to those established in this Agreement, especially with regard to confidentiality, data protection and intellectual property.
Subcontracting shall not exempt CONECTIO from its responsibilities, so it shall remain fully responsible for the proper execution of the services and compliance with all contractual obligations. CONECTIO shall be liable for the acts and omissions of its subcontractors as if they were its own and shall ensure that they act in accordance with the quality and security standards required in this Agreement.
Notwithstanding, CONECTIO declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Platform and prevent the existence and transmission of viruses and other harmful components to Users and/or Clients.
CLIENT'S LEGAL RESPONSIBILITIES
The Client shall be fully responsible for the use, where applicable, of personal data relating to the Users' health and for compliance with data protection regulations.
In no event shall CONECTIO be liable for damages and/or losses of any kind that Users may suffer as a consequence of or on the occasion of the contracting between them, nor shall it be liable for the contracting terms agreed between the Client and the User.
By accepting CONECTIO's service, the Client accepts and acknowledges that CONECTIO is not liable for any act committed by Users and/or by third parties, including but not limited to withdrawals from contracts for the services provided by the Client or the cancellation of such services, delays, losses, lack of the corresponding registration for the exercise of the profession, and others. Users accept that they are aware of and approve that, when using the services offered by the Platform, they must assume, at their sole responsibility, the risks involved.
SUSPENSION AND CANCELLATION OF SERVICES
CONECTIO may temporarily suspend access to the Platform, without prior notice, due to maintenance, repair, updating or improvement operations.
In particular, CONECTIO reserves the right to remove, limit or prevent access to its Platform when technical difficulties arise due to events or circumstances beyond CONECTIO's control which, in its opinion, reduce or cancel the standard security levels adopted for the proper operation of the Platform.
CONECTIO is not responsible for the lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the Platform's operation.
Nor does CONECTIO assume responsibility for the cancellation or suspension of services on the Platform for reasons not attributable to it. In any case, CONECTIO undertakes to resolve any problems that may arise and to offer all necessary support to the Client to reach a rapid and satisfactory solution to the incident.
CONECTIO is not responsible for cases of force majeure, understood as the failure, suspension or interruption of services or use of the Platform, as a result of Internet network blockage, acts or omissions of third parties, or any other causes or circumstances beyond CONECTIO's control that prevent the normal use of the Platform.
The Application may contain hyperlinks that allow the Client to access third-party platforms or websites. CONECTIO assumes no responsibility for the content, information or services that may appear on such platforms, which shall be deemed to be offered solely for informational purposes by CONECTIO, and which in no case imply any relationship, acceptance or endorsement between CONECTIO and the persons or entities owning such content or the owners of the sites where they are located.
In such cases, CONECTIO shall not be responsible for establishing the General and particular Terms and Conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, shall not be held responsible for them.
CONECTIO has neither the faculty nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the Platform. Consequently, CONECTIO cannot assume any kind of responsibility for any aspect relating to the web pages to which a link may be established from the Platform, specifically, by way of example and not exhaustively, regarding their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general.
Notwithstanding, in the event that CONECTIO becomes effectively aware that the activity or information referred to from such links is unlawful, constitutes a criminal offence or may harm the property or rights of a third party, it shall act with the necessary diligence to remove or disable the relevant link as soon as possible.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Platform, including by way of example but not limited to, its programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts and/or graphics mentioned in these GTC, are the property of CONECTIO.
Users acknowledge that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means of obtaining the source code, transformation or publication of any unauthorised benchmark test result of any of the elements and utilities integrated within the development constitutes an infringement of CONECTIO's intellectual property rights, and consequently undertake not to carry out any of the aforementioned actions.
All contents of the Platform are duly registered and protected by Intellectual and Industrial Property regulations, as well as being mandatorily entered in the corresponding public registers. Regardless of the purpose for which they were intended, total or partial reproduction, use, exploitation, distribution and commercialisation requires, in all cases, the prior, express and written authorisation of CONECTIO.
Designs, logos, texts and/or graphics belonging to parties other than CONECTIO that may appear on the website or in the application belong to their respective owners, who are themselves responsible for any controversy that may arise in respect thereof.
Third parties holding intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the Platform have granted the corresponding authorisations for their reproduction, distribution and making available to the public.
INDEMNITY
Users undertake to protect and hold CONECTIO harmless from any damage, liability or cost that may arise from third-party claims against CONECTIO, its directors, representatives or employees due to material provided by Users, misuse of CONECTIO's services or violation of these GTC.
CONECTIO will inform Users of any claim through the data provided when registering for the services. By accepting these GTC, Users acknowledge that CONECTIO has no direct or indirect liability in the services contracted between the Client and each User or third parties.
DATA PROTECTION
Both Parties declare that they comply with the provisions of Reglamento (UE) 2016/679, del Parlamento Europeo y del Consejo, de 27 de abril de 2016 (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, "GDPR") and Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, hereinafter "LOPDGDD") in the possible processing of personal data that may arise as a result of this Agreement.
● Provision of the Services
The purpose of this Clause is to establish the conditions under which CONECTIO, as Data Processor, shall carry out the processing of personal data inherent to the service entrusted by the Client, in its capacity as Data Controller. CONECTIO, as Data Processor, undertakes to:
I. Carry out the processing of personal data necessary for the proper provision of the Services provided to the Client, in accordance with the instructions given by the Client at any given time. Under no circumstances may it use the data for its own purposes or any other purposes than those established. However, CONECTIO reserves the right to use the data in anonymised form for the purposes of analysis, market research, statistics or other uses that enable the improvement of the user experience or the optimisation of the services, always respecting data protection regulations. II. Process the data in accordance with the Client's instructions, as indicated in this Agreement. If CONECTIO considers it necessary to carry out data processing for a purpose other than that indicated, it must first request written authorisation from the Client. In the absence of such authorisation, CONECTIO may not carry out such processing. In the event that CONECTIO may consider that any of the instructions provided by the Client infringes the GDPR or LOPDGDD, it shall immediately inform the Client. III. CONECTIO shall safeguard and keep under its control the Client's personal data, to which it will have access as a result of the provision of its Services, and may not disclose, copy, reveal, transfer, assign or communicate in any other form, whether verbally or in writing, by electronic means, on paper or through computer access - not even for its preservation - to any third party, nor the aforementioned elaborations, evaluations or similar processes, except in the cases necessary to carry out the requested service and/or authorisations that may have been granted. IV. For this reason, the processing of personal data derived from this Agreement requires CONECTIO to observe the duty of secrecy and confidentiality during the term of the relationship with the Client. V. Ensure that the personal data to which it has access are processed only by those employees whose involvement is strictly necessary for the provision of the service and who need to know them in order to correctly carry out the execution of their duties. CONECTIO shall communicate to employees the security measures to be applied and the duty of secrecy and confidentiality they must keep in relation to the personal data. VI. Adopt all technical and organisational measures necessary to guarantee the security of the personal data to which it has access and to prevent their alteration, loss, unauthorised processing or access, taking into account the state of the art, the cost of application, the nature, scope, context and purposes of the processing, as well as the risks of varying likelihood and severity to the rights and freedoms of data subjects, which where appropriate include:
a - Guaranteeing the ongoing confidentiality, integrity, availability and resilience of processing systems and services. b - Restoring availability and access to personal data quickly in the event of a physical or technical incident. c - Pseudonymising and encrypting personal data, where appropriate. d - Process of regular verification, evaluation and assessment of the effectiveness of the technical and organisational measures to ensure the security of processing. VII. CONECTIO undertakes to keep a record of all categories of processing on behalf of the Client. VIII. Notify the Client, without undue delay, and, in any case, within a maximum period of 72 hours and through any reliable means provided for in the Communications clause, of any personal data security breaches under its responsibility of which it becomes aware, together with all relevant information for the documentation and communication of the incident. However, notification shall not be necessary when it is unlikely that such security breach will pose a risk to the rights and freedoms of natural persons.
Specifically, at least the following information shall be provided in clear and simple language: a - Description of the nature of the personal data security breach, including, where possible, the categories and approximate number of data subjects affected. b - The name and contact details of the data protection officer or other contact point where further information can be obtained. c - Description of the possible consequences of the personal data security breach. d - Description of the measures adopted or proposed to remedy the personal data security breach, including, where appropriate, the measures adopted to mitigate the possible adverse effects. If it is not possible to provide the information simultaneously, and to the extent that it is not, the information shall be provided gradually without undue delay. IX. Provide support or cooperate with the Client, where necessary, in carrying out privacy impact assessments relating to the personal data to which it has access, as well as in carrying out prior consultations with the supervisory authority, where appropriate. Likewise, cooperate with the competent Supervisory Authority, at its request, in the performance of its duties. For this purpose, it shall provide all the technical and organisational information necessary. X. Make available to the Client, upon request, all information necessary to demonstrate compliance with the obligations established in this Agreement, in order to verify compliance with the provision of the services. XI. Once the provision of the services has ended, CONECTIO shall, at the Client's choice, return any type of medium or document containing the personal data, without retaining any copy of the same or of the information generated or supplied, or proceed with their secure and confidential destruction from any medium, adopting the organisational and technical measures necessary to guarantee the non-recovery of the data and, therefore, the non-use thereof subsequently or access by unauthorised third parties.
Notwithstanding the foregoing, in the event that there is a legal obligation for CONECTIO to keep certain information for a period of time, this must remain blocked, and may not be used for other purposes, being kept solely at the disposal of the corresponding Authorities to address possible liabilities arising from the processing, during the limitation period thereof, after which it must proceed to its definitive suppression. XII. If it is necessary to subcontract any processing or part thereof that involves access to and/or processing, in whole or in part, of personal data, the prior authorisation of the Client shall be required before the start of the services, or, alternatively, there must previously exist an Agreement obliging the Sub-processor to conditions substantially similar to those of the processing of the Client's personal data by CONECTIO in accordance with the provisions of this clause. CONECTIO shall inform the CLIENT of the identity and details of the third party. The provision of services necessary for the execution of this Agreement by companies that are part of the Business Group to which CONECTIO belongs shall not be considered subcontracting. CONECTIO shall be obliged to transfer and communicate to the subcontracted third party the content of this Clause. For this reason, CONECTIO shall enter into an agreement with the third party that contains at least the same content as this one, so that the third party is subject to the same conditions and obligations with regard to the proper processing of personal data. In this way, the third party's access to the Client's personal data shall have as its sole cause and limit the subcontracting of all or some of the Services contracted by the Client from CONECTIO, being restricted to all personal data strictly necessary for the performance of the subcontracted services. XIII. CONECTIO shall process the Personal Data within the European Economic Area or another area considered by applicable regulations to be of equivalent security, processing them outside this area in any case, through sub-processors that guarantee an adequate framework of protection under applicable regulations or the formalisation of standard contractual clauses adopted by the European Commission or, where appropriate, the obtaining of authorisation for the transfer by the Competent Supervisory Authority.
Each Party shall hereby be subject to liability and shall indemnify the other for any type of claim that arises or is alleged to have arisen as a result of negligent or wilful acts or omissions by either Party, or by the personnel under their charge, that breach the provisions of the regulations in force, including the assumption of the administrative penalties that may have been incurred.
● Right of information
Each of the signatory Parties and, where applicable, their representative, are informed that the personal data of their representatives and employees shall be processed by the other Party for the purpose of allowing the development, fulfilment and control of the agreed service provision relationship, as well as the data that may be exchanged during the provision of the Services, with the basis for processing being the performance of the contractual relationship. The identification of the Parties is a necessary requirement for the formalisation of this Agreement, so it cannot be carried out without the aforementioned requirement being met.
The data shall be kept for as long as this subsists and thereafter, until any liabilities derived from it have lapsed. The Parties' data may be communicated to banks and financial institutions for the management of collections and payments and to Public Administrations in the cases provided for by Law for the purposes defined therein.
The Parties shall transfer the information contained in this Clause to any person involved in the provision of the agreed Services, which involves the processing of their personal data.
Data subjects may request access to personal data, rectification, deletion, objection, data portability and limitation of processing thereof, at the address of the other Party that appears at the heading of this Agreement, as well as file a complaint before the Supervisory Authority on Data Protection matters.
LANGUAGE
CONECTIO may translate these Terms and Conditions or any other policy that may be published on the Platform. The Spanish version shall prevail in the event of conflict with other translations.
APPLICABLE LAW AND JURISDICTION
The parties undertake to agree in good faith on their intention to resolve any dispute with regard to these GTC. CONECTIO's GTC are subject to Spanish legislation. The parties submit to the Courts and Tribunals of Barcelona.