TERMS AND CONDITIONS

0. IDENTIFICATION DATA

Netip Consulting S. L., with registered office in C. Miguel Hernández, 81-87 – 08908 – L’HOSPITALET DE LLOBREGAT (BARCELONA), with CIF B-64315294, recorded in the Barcelona Mercantile Registry, volume 44246, page 47, sheet B 352171, entry 1.

1. OBJECT

The present Terms and Conditions regulate the access and use by any individual, any “user”, of the pages that make up the http://www.netipbox.com/ website, and the https://v3.netipbox.com/ "web page" and "platform", both owned by Netip Consulting S.L., as well as all the contents that they include and all the services that are offered and provided through them.

Access to the Netip Consulting S.L. "web page" and "platform", or their use by the user, necessarily involves the acceptance of the present Terms and conditions, hence the user is advised to read them carefully before each access and use.

Netip Consulting, S.L. reserves the right to make, at any time and without previous warning, any change or updating in the settings, design, contents and services of its "web page" and "platform", as well as in the present Terms and conditions.

This user’s Terms and conditions include our privacy policy, use of cookies policy, and personal data protection policy.1

2. USE

Use of the "web page" is free of charge, without prejudice to the connection cost that the access to the corresponding telecommunications network has to the user.

Access to the platform is free, without prejudice to: (a) the connection cost to the user, related to his/her corresponding telecommunications network, and (b) the particular prices and conditions of the Netip Consulting S.L. services that the user might have hired through the above mentioned network.

The user expressly accepts and voluntarily recognizes that the access and use of the "web page" and "platform" are his sole and exclusive responsibility, whilst committing itself to not developing any behavior which could damage in any way the image, reputation, interests and rights of the "web page" and "platform" owner, nor damage, overload or disable, in any way, the Netip Consulting S.L. "web page" or "platform".

3. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

Netip Consulting S.L. will not be held responsible of the "web page" and/or "platform" disruptions due to force majeure or other circumstances beyond their control. On the other hand, Netip Consulting S.L. reserves the right to temporarily discontinue access, due to safety reasons or when in need to restructure the IT resources, in order to improve them, update them, expand them, complete their contents, etc.

Netip Consulting S.L. does not fully guarantee the uninterrupted and full access to all of their "web page" and "platform" contents, nor their comprehensiveness, suitability, correction, validity or actuality, to the extent allowed by the relevant legislation and to the fullest extent allowed by it, and thus declines any responsibility for any kind of damages or injury resulting in:

  1. Inability to Access the "web page" or the "platform", or the lack of truthfulness, accuracy, comprehensiveness and/or actuality of the contents, as well as the existence of any kind of vices and defects in the information transmitted, broadcasted, stored and made available to which the user has accessed through the "web page", the "platform", or through the services offered in them.
  2. The presence of virus or other elements in the contents which could damage the users’ computer systems, electronic documents or data.
  3. Breach of laws, good faith, public order, traffic uses and the present legal warning as a result of the incorrect use of the "web page" and/or the "platform". In particular, and as an example, Netip Consulting S.L. cannot be held responsible of third parties actions that violate intellectual and industrial property rights, business secrets, right to honor, personal and family privacy and personal image, as well as the competition and illegal advertising rules.

Furthermore, Netip Consulting S. L. cannot be held responsible of the information hosted outside the "web page" and/or the "platform" which is not directly managed by its webmaster. The purpose of the links that appear in the website is solely to inform the user of the existence of other sources that may amplify the contents offered by the "web page" and/or the "platform". Netip Consulting S.L. does not guarantee, nor it is responsible of the operation or accessibility of the linked sites; nor it suggests, invites or recommends the user to visit them; thus, it will not be held responsible of the results, nor of the establishment of hyperlinks by third parties.1

The user is not entitled to claim compensation of any kind for general damages, nor for loss of profits, caused by the lack of updating, the temporary disruptions or the definite suspension of the "web page" and/or the "platform", or by the additional services / functions or by any kind of contents, product or service related to them. Netip Consulting S.L. declines all responsibility, no matter their cause or origin. In any case, the total responsibility of Netip Consulting S.L., with the suitable legal exceptions, will total the sum that the user has paid for the contracted services.

As the Netip Consulting S.L. services are designed to be contracted by professionals and businesses that seek to improve their market penetration, as well as their turnover, –that is, for purposes connected to their trade, professional or business activity–; regulations concerning consumers and users will not be applicable. Thus, these regulations will not be applicable either in what they determine concerning distance contracts.

4. SERVICES THAT MAY BE HIRED

Some of the "web page" and/or the "platform" services include the possibility of contracting online. This will require reading and accepting the present Terms and conditions, as well as accepting the particular conditions relating to the specific subject of the contract.

5. LINKS TO THIRD PARTY WEBSITES

The "web page" and/or the "platform" may include links to websites managed by third parties, customers, advertisers and other content suppliers. These websites may obtain data, or ask the user to provide personal information in a fully independent manner, without the knowledge or any kind of intervention by Netip Consulting S.L. Netip Consulting S.L. does not control these websites and, thus, is not responsible nor it will be held responsible for their contents, privacy policies, or for the collection, processing or revelation of any information, personal or other, that was obtained through their proprietors or by third parties.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

The free Access and free use of the "web page" and the "platform" by users according to the terms and conditions herein prescribed, does not imply the awarding of any intellectual or industrial property rights, nor does it allow the use of brands, logos or other distinctive trademarks or trade names by the owner.

It is forbidden the reproduction, transformation, distribution, public communication, making available, removal, reusing, resending, or use of whatever kind or nature, by any means, procedure or support, of any of the integrating elements of the "web page" or the "platform" (including the source code, graphic design, images, photos, sounds, animation material, software, texts, as well as the information and the contents), except in the cases that are legally allowed or in case of express consent in writing by the rights owner.

Users are allowed to view and obtain private copies of the contents for their exclusive use in their own computer supports, but they are not allowed to use them for exploitation or cession purposes, by any means, to third parties, in order to obtain any type of compensation. In particular, the user is prohibited from reproducing, distributing, publicly communicating (including the right to make available), fixing, transforming, collecting and, in any other way, exploiting the contents appearing on the "web page" and the "platform" without the previous and written authorization of Netip Consulting SL

Ultimately, all users must respect at all times all intellectual and industrial property rights over the "web page" and the "platform", owned by Netip Consulting S.L. or by third parties.

7. APLICABLE LAW AND JURISDICTION

The present terms and conditions have been arranged subject to the Spanish common legislation.

Any eventual conflict will be resolved before the courts and tribunals of the city of Barcelona, with express resignation of the parties to their own jurisdiction, if any.

PRIVACY POLICY, USE OF COOKIES AND PERSONAL DATA PROTECTION

8. PRIVACY POLICY:

Bearing in mind that this privacy policy constitutes an inseparable part of the Terms and conditions of use of our "web page" and our "platform", please read the Terms and conditions of use before reading the Privacy Policy.

Our privacy and use of cookies policies, as well as our data protection policy, linked to them, have their foundation and inspiration in the necessary respect of articles 7 and 8 of the Charter of Fundamental Rights of the EU, which establishes as fundamental rights, the respect of privacy and the protection of personal communications and data.

Whenever we need to obtain information from you, we will expressly request that you voluntarily provide it.

All data collected through the data collection forms of the "web page" and/or the "platform" will be added to a register of processing activities, for which Netip Consulting, S.L is responsible, that will deal with the data in a confidential manner and with the exclusive purpose to guarantee the fulfillment and the right intent of the contracted and/or required services, with the legal and safety guarantees established in the EU General Regulation of Data Protection 679/2016; the Organic Law 15/1999, of December 13th, of Protection of Personal Data; the Royal Decree 1720/2007, of December 21st; and Law 34/2002, of July 11th, of Information Society Services and E-Commerce.

Use of certain services or requests addressed to the "web page" and/or the "platform" are subject to the previous completion of the corresponding user registration.

All the information provided by the user through the registration form for the above purposes, or any other, must be truthful.

For these purposes, the user guarantees the authenticity and correctness of all data supplied, and that he will keep the information provided to Netip Consulting S.L. perfectly updated, so it corresponds at all times to the user’s real situation. In any case, the user will be solely responsible for the false or inaccurate statements made, and for the damages that may result to Netip Consulting S.L., to third parties or to himself.

Netip Consulting S.L. adopts the corresponding security levels according to the current state of the technology and all applicable regulations. However, it cannot be held responsible for any damages and/or losses ensuing from alterations that third parties may have caused in the user’s computer systems, electronic documents or files.

In case the user choses to leave the "web page" and/or the "platform" through links to websites which are alien to Netip Consulting S.L., the latter will no longer be responsible for the privacy policies, the use of cookies and data protection of the owners of these websites, or any eventual regulatory breach by those.

Our policy regarding electronic mail focuses exclusively on sending the communications that are needed to maintain the contractual relationship established between the parties, as well as the rest of communications that you have accepted to receive, and that may be of your interest. Concerning this second kind of communications, you may revoke your consent to the sending of such messages through the following e-mail: gdpr@netipbox.com

Data retention in accordance with the LSSI

Netip Consulting S.L. informs that, as a provider of data hosting services and following the provisions in the Law 34/2002, of July 11th, of Information Society Services and E-Commerce (LSSI), it stores the information essential to identify both the origin of the data hosted, and the time when the provision of the service began, for a maximum period of 12 months. Storage of these data does not affect the secret of communications, and they may only be used in the context of a criminal investigation or for the protection of public safety. In such cases, Netip Consulting S.L. will place itself at the disposal of the judges and/or courts or the Ministry that so requires.

The communication of data to national judiciary and law enforcement agencies will always, and in all cases, be made in accordance with the personal data protection regulations.

9. USE OF COOKIES

Bearing in mind that our use of cookies policy constitutes an inseparable part of the Terms and conditions, of our Privacy Policy and our Personal Data Protection Policy, we ask you to carefully read the corresponding sections.

What are cookies? A cookie is any file or device that is downloaded to a user's computer terminal in order to store data that can be updated and retrieved by the entity responsible for its installation.

How can we classify the different cookies?

They can be sorted in the following categories:

  • “Essential” cookies: They are the cookies whose only purpose is to allow the communications between the user’s equipment and the network, as well as those which serve to provide a service that was specifically requested by the user.
  • "Performance” or “analytical" cookies: Cookies that are used to gather information about the user's use of the website; for example, which are his most visited pages and which errors usually occur. Its aim is to assess and improve the performance of the website.
  • Advertising cookies: Cookies that serve to gather information about the use of the website by users, with the aim to offer them ads which are suitable to their possible interests, and to inform the business partners of the website owner about the browsing history of the user, so they can send ads adapted to his specific profile –both to him and to other people with similar tastes. The information thus obtained about the user can be combined with information obtained on other websites the user has visited.

According to current regulations, cookies can only be saved, or they can access your computer, with your consent, which will not be necessary for those cookies essential for the provision of the services of our "web page" and our "platform", such as, for example, user login, authentication and user security.

In this way, when using other kinds of cookies, we will always ask for your consent, which will allow you to customize your settings at will.

On the other hand, the privacy settings in most browsers allow you to prevent the browser to accept new cookies, by warning you when you receive a new one, or by disabling them. In case your browser is set to not accept cookies, the service may be affected or may not be available.

You can find information on how to proceed with the most common browsers in the following links.

In case you delete or clean your cookies, or in the event that you choose to start using a different browser, you will have to review your cookie preferences.

Cookies and personal data: Your personal data stored by Netip Consulting, S.L. could be linked to the information stored and obtained through session cookies (the ones that allow the communication between our websites and the user), and with those that inform us about the use you make of our "web page" and/or our "platform"; for example: the pages you visit, your browsing history, the devices you use to access, and the services you contract, in order to constantly improve the provision of our services, and the adequacy of our operation and structure to the aforementioned purpose, which we also point out in our personal data protection policy.

10. PERSONAL DATA PROTECTION POLICY

Bearing in mind that this personal data protection policy constitutes an inseparable part of the Terms and conditions and our Privacy Policy, we ask you to read the user Terms and conditions, the Privacy policy and the section concerning the Use of cookies before reading the Personal data policy.

Personal data treatment:

NETIP CONSULTING, S.L. is responsible for the treatment of personal data processed within the framework of this Personal Data Policy and, as such, must guarantee that the treatment is made according to the applicable legislation.

By registering a user account, the user acknowledges and accepts the processing of their personal data by NETIP CONSULTING, S.L. in accordance with the following provisions:

This Personal Data Policy applies to all of our "web pages" and our "platform".

We need to use personal data in order to provide the services you may require through our websites. That involves that, as long as you ask us to provide such service/s, you cannot prevent us to treat all the personal data necessary for us to provide the service/s you require.

In any case, you have the right to object to certain uses of your personal data, for example, if the use in question is not essential for us to provide our service/s, but is only necessary, for example, for us to send ads by email.

Furthermore, as the owner of personal data, the user is also legally recognized the following rights:

  • Right to access all personal data that NETIP CONSULTING, S.L. stores about its users.
  • Right to request the correction of any incorrect data.
  • Right to request the cancellation of your personal data ("right to be forgotten") in the legally established terms.

The personal data we process correspond to the information you gave us when registering on our platform.

We also treat personal information that you may have provided to us in other ways, when contacting NETIP CONSULTING, S.L. (for example, during a phone call, via email or during a personal interview).

Following the provisions of our cookies policy, NETIP CONSULTING, S.L. will also be allowed to analyze the way you use our "web page" and/or our "platform"; for example, what pages you visit, your browsing history, which devices you use to access, and what services you hire.

Purpose of the treatment:

The essential purpose of the treatment of personal data is to enable the provision of services that each user may require at any time through our "platform", as well as to comply with our legal obligations associated with the provision of such services.

Other purposes of the treatment:

It is possible that we create a commercial profile with your data in order to improve the provision of our services and to adapt our structure, organization and operation to the needs and characteristics of each customer. In no case will automated decisions be made based on such profile.

Data categories:

Netip Consulting, S.L. processes the following personal data categories:

  • Identification data –name, surname, password. Source: directly from the user when registering.
  • Contact data –e-mail, address, telephone number. Source: directly from the user when registering or when he hires through Netip Consulting, S.L.
  • Payment information –credit or debit card information and payment history. Source: directly from the user when hiring and paying for our services; as for the payment history, continuously as he makes payments.
  • Digital information −geolocation/IP address, information about the device (type, name and number of the device), country code, ISP information, operating system version. Source: data collected based on the use of the Service and Platforms by the user.
  • Usage information −access and hiring history. Source: data collected based on the use of the service by the user.
  • Contact records with the customer service –e-mails or other means of communication. Source: correspondence with the customer service.

Data collection:

The user personal data are those that he voluntarily provides us to interact with our internet sites, and to engage in and properly develop the services that he requires from us.

Data storage:

NETIP CONSULTING, S.L will keep your data while the relationship established between both parties remains in force. Upon termination of the relationship, we will keep the personal data that may be necessary according to the legislation in force at any time and during the legally necessary time. Once the corresponding legal deadlines have elapsed, your information will be definitively deleted.

Communication of your data:

We only disclose your data to entities and/or to professionals who collaborate with us for the purpose of providing the service or services that you may require NETIP CONSULTING S.L., and/or to comply with the legal obligations arising therefrom. There is no other type of transfer of your data, not even for storage purposes.

Identification of the data controller and contact information for the exercise of rights:

The responsible of the processing of your data is Netip Consulting, S.L., with CIF B-64315294, registered in the Mercantile Register of Barcelona, volume 44246, page 47, and leaf B 352171, entry 1.

Contact information:

Calle Miguel Hernández, 81-87 – 08908 – L’HOSPITALET DE LLOBREGAT (BARCELONA)

Phone number: (+34) 934 341 003')

Email: gdpr@netipbox.com