Legal Notice

In compliance with the Law 34/2002 on Information Society Services and Electronic Commerce, Ltd. PAINA NEW TECHNOLOGIES reports the following:

IDENTIFICATION OF THE HOLDER AND USER

Dokuflex is owned by Ltd. PAINA NEW TECHNOLOGIES, whose CIF is B-62577200, registered address and contact details of Ltd. PAINA NEW TECHNOLOGIES are the following: 8 San Gabriel St., entresol 2 08950 Esplugues de Llobregat, Spain, Email: administracion@painasolutions.com

User is one who makes any use of websites of Ltd. PAINA NEW TECHNOLOGIES and products, services, content and / or tools through which Ltd. PAINA NEW

OBJECT

The following Legal Notice, which includes and develops the Conditions of Use of Website and Privacy Policy established by Ltd. PAINA NEW TECHNOLOGIES defines the general legal conditions applicable to the access to the websites and / or use of the services provided by Ltd. PAINA NEW TECHNOLOGIES (hereinafter Web sites and Services) including, in particular:

(i) *.dokuflex.com Websites and any other website that Ltd. PAINA NEW TECHNOLOGIES chooses to include;

(ii) Access and / or use of Dokuflex server using the software of Dokuflex to synchronize, send and share files of user, information and other content (hereinafter DOKUFLEX), which shall be governed by their own Terms and Conditions of Contract, which shall prevail in all cases over stated herein, applying them in a complementary manner in everything that contradicts or does not contradict to its purpose;

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

The User agrees to read carefully the content of this Legal Notice. The access to the Websites and / or the use thereof and / or Services in any way and by any means, implies express acceptance by the User of this Legal Notice and all obligations and procedures established here that shall be applied.

The User shall have available always and in any case this Legal Notice, and the User may store and / or reproduce it.

The User undertakes to enter the personal data which are necessary to provide the service. If the User does not provide them, he can not access or use the Services. The User shall log on the Websites using a username and password, with his full responsibility for use and custody of his username and password, being responsible for the accuracy of the personal data. The voluntary data are collected by Ltd. PAINA NEW TECHNOLOGIES for the purpose indicated in the Data Protection clause set out below.

DATA PROTECTION AND LAW 34/2002 ON INFORMATION SOCIETY SERVICES AND ELECTRONIC COMMERCE

In compliance with the Organic Law 15/1999 on Protection of Personal Data and its implementing regulations, we inform the User that his data, collected in the case of the access and / or use of the Websites and / or Services, as well as data to which Ltd. PAINA NEW TECHNOLOGIES has access as a result of browsing the web pages of the Internet, shall be treated as full responsibility of Ltd. PAINA NEW TECHNOLOGIES, whose aims are:

  • To manage the commercial relationship with the User;
  • To report of new proprietary products and services that may be of his interest by e-mail or through other means of electronic communication to those Users who have expressly consented to receiving such communications in accordance with the Law 34 / 2002 of July 11 on Information Society Services and Electronic Commerce, except where there is a prior contractual relationship in response to the provisions of Article 21.2 of the Law. The User`s authorization is enduring, until such authorization is not revoked, even if it was given just once while conclusion of his relationship with Ltd. PAINA NEW TECHNOLOGIES.
  • To conduct internal studies and reports in order to improve our services according to the preferences of the Users.

The Users is entitled to oppose the use of any of his data that are not essential to the contract and the use of such data for any purpose other than maintaining the contractual relationship which may be for advertising purposes. The User may contact Ltd. PAINA NEW TECHNOLOGIES to exercise his right to object to such treatments, through the means indicated for the exercise of his rights, which are outlined in the following paragraph.

The User may exercise his rights of access to data, rectification, cancellation and opposition by letter, addressed to Ltd. PAINA NEW TECHNOLOGIES, to the mailing address or email indicated in this notice enclosing a photocopy or scan of his ID or other substitutionary identification document.

Mailing address: LLC PAINA NEW TECHNOLOGIES San Gabriel St., entresol 08008 Barcelona, Spain

E-mail: administracion@painasolutions.com

COOKIES POLICY

For proper operation the Websites use cookies (small data files that are hosted on the User`s computer and contain certain information about the User`s visit to the Websites) and other elements that provide insight into the activity made by Users. The User who does not want to receive or maintain cookies on his computer or want to be informed of their attachment can accordingly configure his browser. In case of deactivation of the option of receiving and hosting cookies, some features may not respond properly. While browsing or using our services the User agrees to our use of cookies.

Types of cookies which are used

Our websites use both temporary session cookies and permanent cookies. Session cookies store data only while the user accesses the web and permanent cookies store data in the terminal to be accessed and used in more than one session. All cookies which are used are permanent except those which are used while session identification if the user indicates this option at the time of identification.

According to the purpose for which the data collected through the cookies, the following cookies can be used:

  • Technical cookies

They allow the user to navigate through the website or application and use different options or services which exist on such website or application. For example, to identify the session, to balance the load for a session, to make the request for registration or participation in an event, to use security features while browsing and to store content for broadcasting videos or sounds.

  • Customization cookies

They allow users to access the service with some general features predefined in his terminal or by the user. For example, language, number of items per page, filters or sorting criteria or options of visited menu.

  • Statistical analysis cookies

These cookies (__utma, __utmb, __utmc and __utmz) are set by Google Analytics (http://www.google.com/policies/technologies/types/) and are used to account how many people visit our web pages. We use this information to write reports which help us to improve our web pages. The cookies collect anonymous information about visitors, including the number of visitors to our web pages, the websites that have redirected them to our web pages and pages visited within our website.

This Cookies Policy can be modified according to the laws, regulations, or in order to adapt the policy to the instructions issued by the Spanish Data Protection Agency, therefore this Cookies Policy is advised to the Users who visit it regularly. For more information related to security policies of Dokuflex visit https://www.dokuflex.com

DATA TRANSFER

The User agrees that his data may be transferred and ceded internationally, exclusively for the purposes stated in the preceding paragraphs, therefore providing for these purposes the express authorization for the use of mail, telephone, fax, SMS, email and any telematic means to other entities that provide professional hosting and data management which are located outside the European economic area, in particular to the following companies:

  • This website also includes Google Analytics, a web analytics service provided by Google, Inc., located in Delaware, USA with registered office in 1600 Amphitheatre Parkway, Mountain View (California), CA 94043 ( “Google”), which has the Safe Habour certification. Google Analytics uses cookies, which are text files stored on your computer to help the website analyze how many Users use the website. The information generated by the cookies about the use of the website (including your IP address) will be transferred and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the use of the website, to generate reports on website activity for website operators, and provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required by law, or where such third parties process the information on behalf of Google. Google will not associate your IP address with any other data maintained by Google. By using this website, you give your consent to the management of data by Google in the manner and objectives set out above.
  • Subsidiaries, participating companies, companies associated with Ltd. Paina Nuevas Tecnologias, as well as companies that belong to the group of Ltd. Paina Nuevas Tecnologias.

The User`s acceptance of  processing or transference of his data  in the manner prescribed in this paragraph is always revocable, without having retroactive effect, as required by Articles 6 and 11 of the Law 15/1999 of  December 13.

In the event that the User is a legal entity, the consent given by the attorneys for the purposes of Article 21 of the Law 34/2002 is considered such that was given both on their own behalf and on behalf of the legal entity they represent and such legal entity can at any time refuse to receive marketing communications via mail, email or through other means of electronic communication.

Ltd. PAINA NEW TECHNOLOGIES 8 San Gabriel St., entresol 2 08950 Esplugues de Llobregat

E-mail: administracion@painasolutions.com.

DATA CESSION

The User authorizes the cession of data from his email to his contacts in Dokuflex, in order to establish a collaborative environment. Also, in the case of being requested to do so, Ltd. PAINA NEW TECHNOLOGIES communicates the User’s personal data to the competent authorities in order to cooperate in any investigation.

The disclosure of any other personal information to a third party by Ltd. PAINA NEW TECHNOLOGIES for any other purpose will require the prior consent of the User, and Ltd. PAINA NEW TECHNOLOGIES must inform the User on the identity of such third party and the purpose of such disclosure.

CONDITIONS OF ACCESS TO THE WEBSITES AND USE OF THE SERVICES BY THE USER

  1. The access to Websites is free and gratuitous, although the User has to accept conditions and strictly comply with this Legal Notice. Also, some of the services offered by the Company may be payable.
  2. The access and use of these Websites and / or Services by the User are performed under the sole responsibility of the User, who is obliged:
  • Not to access and / or use the Websites or Services for unlawful purposes.
  • Not to do anything that could damage, overload, deteriorate and / or prevent the normal activity of the Websites or Services.
  • Not to transmit, distribute or make available to third parties through the Websites and / or Services any kind of material that violates or has been obtained in contravention of the law, good faith or public order and this Legal Notice and / or which could harm the third parties.
  1. In the event of the User causes damage to Ltd. PAINA NEW TECHNOLOGIES or third parties by accessing or using the Websites and / or Services such actions clearly free Ltd. PAINA NUEVAS TECNOLOGIAS, the keeper of the Websites and / or Services, from any liability that may be imposed on it. To this end, the User assumes all liability that may arise, and fully frees Ltd. PAINA NUEVAS TECNOLOGIAS from any liability.
  2. The registration on the Websites is not allowed under the age of 18, therefore, when registering, the User warrants that he is more than 18 years old and entirely responsible for this statement. However, the mere access to the Websites is permitted to those over 14 years old, although we recommend such Users to inform and consult with their parents or guardian before transmitting information to Ltd. PAINA NEW TECHNOLOGIES or third parties with which they have contacted through the Websites or Services. In connection with the foregoing, Ltd. PAINA NEW TECHNOLOGIES can at any time contact the User to request the accreditation that he meets the required age, otherwise Ltd. PAINA NEW TECHNOLOGIES reserves the right to block or terminate his user account. Also, if Ltd. PAINA NEW TECHNOLOGIES is reported that a child under the age of 14 is registered as a User on the Websites or in any manner uses the Services, Ltd. PAINA NEW TECHNOLOGIES shall take measures to remove or block his user account.
  3. The User is responsible at all times for the custody of his personal that can not be transferred to third parties. He shall also be responsible for any damage caused by misuse, transfer of his password or its loss. In this regard, the access to restricted areas and / or use of the Websites and / or Services through the use of a password shall be considered as access or use made by the relevant User, which shall be directly responsible for any damages arising from such access and / or use, directly freeing Ltd. PAINA NUEVAS TECNOLOGIAS of any unauthorized use of his user account. In connection with the foregoing, the User shall immediately inform Ltd. PAINA NEW TECHNOLOGIES of any circumstance that might involve any risk of unauthorized access and / or use by an unauthorized individual, in order to proceed to the cancellation and replacement of such user account.
  4. The Websites and Services are subject to constant evolution, so Ltd. PAINA NEW TECHNOLOGIES reserves the right to modify them, either in whole or in part, at any time and without pre-notification.
  5. Ltd. PAINA NEW TECHNOLOGIES makes reasonable efforts to keep available the Websites and Services at all times. Notwithstanding the foregoing, Ltd. PAINA NEW TECHNOLOGIES reserves the right to suspend or limit at any time and without pre-notification the provision, access or operation thereof or any of its elements or content.
  6. In order to ensure and preserve the proper use of the Websites and / or Services, Ltd. PAINA NEW TECHNOLOGIES reserves the right to monitor any access or use of thereof. Also, Ltd. PAINA NEW TECHNOLOGIES ensures as far as possible that such uses conform to current legislation. However, Ltd. PAINA NEW TECHNOLOGIES can not perform and does not perform proactive monitoring of all accesses and / or uses of the Websites or Services.
  7. Ltd. PAINA NEW TECHNOLOGIES reserves the right to limit at any time and without pre-notification the use of the Websites and / or Services and deny access at any time and without pre-notification of the User who violates this Legal Notice or any other standard application.
  8. The use by the User of third-party applications which do not belong to Ltd. PAINA NEW TECHNOLOGIES and which are accessible through the Websites and / or Services, is subject to its own terms of use. The User agrees that Ltd. PAINA NEW TECHNOLOGIES does not control these third-party applications and, consequently, is not responsible for or connected with them.
  9. The access and / or use of the Websites and / or Services implies acceptance by the User that Ltd. PAINA NEW TECHNOLOGIES excludes the recognition of all warranties, either express or implied, and assumes no liability by reason of such access or use or inability or failure to access or use the Websites and / or Services.

SECURITY PRECAUTIONS

In compliance with current regulations, Ltd. PAINA NEW TECHNOLOGIES has adopted the security levels of protection of Personal data which are legally required and is obliged to install all those other technical means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of Personal data provided by the User. However, the User must be aware that Internet security measures are not foolproof. Ltd. PAINA NEW TECHNOLOGIES shall not be responsible for any damages that may result from interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operation of this electronic system caused by reasons beyond the control of Ltd. PAINA NEW TECHNOLOGIES, delays or blockages in the use of this electronic system caused by deficiencies or overloads of telephone lines or overloads in the Data Processing Centre, in the Internet system or other electronic systems, as well as damages that may be caused by third parties through illegal interference, beyond the control of Ltd. PAINA NEW TECHNOLOGIES. However, if the User posts personal information online, accessible to the public, he may receive unsolicited messages from other people and his data, therefore, may be known by others.

For all these reasons, it is recommended to exercise caution in this area and use all security tools at the User`s disposal and not to rest responsibility upon Ltd. PAINA NEW TECHNOLOGIES for removal, modification or loss of illicit data.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The structure and content of the Web sites and Services, including without limitation any of their elements (text, software, scripts, images, graphics, photos, sounds, music, videos, interactive features and similar trademarks, trade names and / or logos and any other protected signs) are owned by Ltd. PAINA NEW TECHNOLOGIES or belong to it under the license, and are protected by exclusive rights of intellectual and industrial property that are reserved exclusively for their respective holders.

Specifically, any reproduction, distribution, transformation, public communication and / or making full or partial disposal of said contents or elements, regardless of the medium used is expressly prohibited, if there is no prior express written permission of Ltd. PAINA NEW TECHNOLOGIES or, where applicable, of the holder of the rights, otherwise the offending User assumes all direct or indirect liability that might arise.

Under no circumstances the access and navigation of the Websites or use, acquisition and / or contracting of the Services offered by them, shall not be construed as a waiver, license or total or partial transfer of these reserved rights.

The User is only entitled to a corporate private use, exclusive, non-transferable, which can be revoked at any time, designed exclusively for the purpose of enjoying browsing the Websites and benefits of the Services in accordance with this Legal Notice and with any other documents or legislation that is applicable.

Similarly, the access or use of the Websites and / or its content and / or Services does not grant the User any right over brands, logos and / or distinctive signs protected by the law. In addition, references to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by Ltd. PAINA NEW TECHNOLOGIES or third parties, carry an implicit prohibition of their use without the prior express written consent of Ltd. PAINA NEW TECHNOLOGIES SL or the legitimate owners.

USER GENERATED CONTENT

The Websites and Services allow the registered User to store, synchronize network data between multiple devices and equipments and send and share information and files with other Users (hereinafter, the User Generated Content).

The User is solely responsible for his User Generated Content and assumes full responsibility which may be incurred thereof without limitation, including those arising from the consequences of his treatment and use of User Generated Content by Ltd. PAINA NEW TECHNOLOGIES, other Users or third parties and agrees to release Ltd. PAINA NUEVAS TECNOLOGIAS of the total and absolute liability in all cases.

The User, as owner and the one who is responsible for the User Generated Content, asserts and warrants that:

  • He owns or has the necessary authorizations to perform the publication, public communication and corresponding playback via Internet.
  • All User Generated Content posted and linked to his profile is legal and is fully adequate to the current regulations, specifically in the field of intellectual and industrial property, protection of personal data and protection of the right to honor, privacy, as well as to the good faith and / or public order and this Legal Notice of Ltd. PAINA NEW TECHNOLOGIES regardless of whether the holder of such User Generated Content is privet individual or legal entity.
  • The User Generated Content does not include viruses, Trojans, worms or any other form of malware or other data or applications that may damage the Websites and / or Services or other servers or systems.

Furthermore, if the User posts on his profile, among other content, photographs and images, he agrees and undertakes:

  • To be the owner of the property rights to the image or, where appropriate, have sufficient rights to it and to be duly authorized to reproduce such content.
  • If the photo or image depicts persons or identifying signs of third parties, the User has to have express written consent of such persons or current regulations for making the capture of the image and publishing it on the Internet.
  • In case of minors appear in images, to have the express permission of their parents or legal guardians for publication of such images.
  • To guarantee that the images fully comply with the regulations of Personal Data Protection, Intellectual and Industrial Property and rights to honor, privacy of personal and family life.
  • To guarantee that images and photographs are adequate to morality and public order, that such images or photographs do not depict naked people, totally or partially, or that such images or photographs could not become considered obscene or erotic in accordance with the customs prevailing in Spain or could not potentially damage some of fundamental rights of any third party.
  • To remove any photo immediately if any of the concerned persons, or their respective parents or guardians, in any case revoke the authorization or transfer of the corresponding image rights.

In light of the characteristics of the Websites and Services, Ltd. PAINA NEW TECHNOLOGIES can not control all User profiles or User Generated Content posted by them. Therefore, in accordance with current regulations, Ltd. PAINA NEW TECHNOLOGIES do not review, control or endorse any User Generated Content. However, in the case Ltd. PAINA NEW TECHNOLOGIES acknowledges, either directly or through third parties, that any User Generated Content may violate the law, this Legal Notice or any other applicable document or violate the rights of other Users and / or third parties, reserves the right to remove such User Generated Content and / or deny access to the User at any time and without pre-notification, without assuming any obligation in this respect. Moreover, Ltd. PAINA NEW TECHNOLOGIES shall cooperate with administrative and judicial authorities, providing them timely access to the User Generated Content and, where appropriate, notifying them of any signs of crime.

The User retains all proprietary rights for his User Generated Content, but authorizes Ltd. PAINA NEW TECHNOLOGIES the reproduction, distribution, availability and public communication of his User Generated Content to other authorized Users, as well as storage of such User Generated Content.

WEB CONTENT AND LINKS

Ltd. PAINA NEW TECHNOLOGIES is not responsible for the misuse of the contents of the Websites and / or Services.  It is the sole responsibility of the User who accesses or uses the Websites and / or Services.

Ltd. PAINA NEW TECHNOLOGIES also does not assume responsibility for information contained on web pages of third parties which may be accessible via links  or search engines of the Websites. The presence of links on the Websites is purely informative and in no case does not constitute an offer, invitation or recommendation to use them.

Any User, who wishes to place a link to the Websites on his web page, must first notify Ltd. PAINA NEW TECHNOLOGIES and link directly to the homepage of www.dokuflex.com, without reproducing in any form the elements of the Websites.

It is absolutely prohibited the inclusion of content or services of third party websites that could damage the image of Ltd. PAINA NEW TECHNOLOGIES, which reserves the unilateral right to prohibit, limit or require the cancellation of links pointing towards Websites, when deems appropriate, through simple communication to the owner of the web page, without under any circumstances being obliged to pay any compensation for this reason.

DATA IMPORT AND SYNCHRONIZATION WITH SOCIAL NETWORKS AND APPLICATIONS

The User has the opportunity to share content or any kind of information through social networks like Twitter or other applications, and such activity is subject to the conditions of use and registration expressly provided by these online platforms. Ltd. PAINA NEW TECHNOLOGIES does not assume any direct or indirect responsibility for the content published on such online platforms by the Users.

The activation, synchronization and use of external social networks and applications, of which the User is a member, as well as the possibility of importing data from such external social networks and applications to his user account on the Websites or Services, involve his identification and authentication in external network from which data will be extracted. Ltd. PAINA NEW TECHNOLOGIES encourages the User to review the terms of use and privacy policy of the networks from which he is importing data.

In these cases, the User has  to know that while accessing such networks, he signs out the user account of the Websites in which Services are provided, to access an environment uncontrolled by Ltd. PAINA NEW TECHNOLOGIES. Consequently, Ltd. PAINA NEW TECHNOLOGIES shall not assume any liability for possible violations of the security of these environments.

If it is incorporated into the Websites or Services, Ltd. PAINA NEW TECHNOLOGIES guarantees to take security measures in accordance with applicable regulations as well as those that Ltd. PAINA NEW TECHNOLOGIES decides to install diligently, and in no case Ltd. PAINA NEW TECHNOLOGIES can not be required to establish security measures which are not required by law or standard practice.

Ltd. PAINA NEW TECHNOLOGIES disclaims any liability arising from the exchange of information between Users through the Websites. The responsibility for the distribution of statements and information posted on their Websites in any case belongs to those who realize such distribution.

AMENDMENTS TO THE LEGAL NOTICE

Ltd. PAINA NEW TECHNOLOGIES reserves the right to amend this Legal Notice without the prerequisite express acceptance by the User. Tacit acceptance of such amendments shall be deemed received, if the User continues to receive access to the Websites and / or use the Services after the date of such amendments. Otherwise, the User must immediately cease access and / or use of the Websites and the Services.

The User agrees that Spanish version of this document shall prevail over any version in other language.

MISCELLANY

  1. If any provision of this Legal Notice is declared totally or partially invalid or ineffective, such invalidity shall affect only that provision or part thereof that is invalid or ineffectual and all other provisions shall continue to be entirely valid. All provisions must be interpreted independently and autonomously, without affecting the other provisions in the event that one of them was found to be invalid by a court decision or arbitral judgment, and in this case such provision shall be replaced with one that preserves intended effects of the Legal Notice.
  2. The headings of the various clauses are only for information and do not affect, qualify or extend the interpretation of the Legal Notice.
  3. With regard to the access and / or use of DOKUFLEX, in the case of any conflict between the provisions of this Legal Notice and the provisions of the Terms and Conditions of Contract DOKUFLEX, the provisions of the last one prevail.
  4. Failure to exercise or exercise by Ltd. PAINA NEW TECHNOLOGIES of any right or provision contained in this Legal Notice shall not constitute a waiver, unless such waiver is expressly stated in writing.

LAW AND JURISDICTION

This Legal Notice is governed by Spanish legislation that is applicable.

For the resolution of disputes that may arise from the above in these provisions, the User expresses a clear renunciation of any other jurisdiction that may apply and agrees to refer the matter to the judicial authorities of Barcelona (Spain).

This document was last updated on March 1, 2014.

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