Terms and Conditions

1. GENERAL INFORMATION

Next, the General Terms and Conditions of Use (hereinafter GENERAL CONDITIONS) are established, which will govern the relationship between the user who hires and uses the computer application called Facturas Cloud and/or uses any of the services offered in Facturas Cloud (hereinafter the SERVICES) and the person responsible for it.

For the purposes of these GENERAL CONDITIONS, anyone who contracts the use of Facturas Cloud and/or, in any way, uses the SERVICES (hereinafter the CLIENT) will be considered a CLIENT.

The SERVICES are in continuous evolution and development of new tools that add value to Facturas Cloud.
When any of the tools is modified that implies a change in these GENERAL CONDITIONS, they will be updated and published. For this reason, it is recommended to periodically read these GENERAL CONDITIONS.
The updated GENERAL CONDITIONS will be available, at all times, on the website of the person in charge of Facturas Cloud,https://facturascloud.com

The CLIENT will accept said modifications, from the moment they continue to use Facturas Cloud and/or any of the SERVICES.
The use of certain services offered to CLIENTS may be subject to their own particular conditions that, depending on the case, substitute, complete and/or modify these GENERAL CONDITIONS. Therefore, prior to using said services, the CLIENT must carefully read and accept the corresponding particular conditions of each service (hereinafter the SPECIFIC CONDITIONS) that will be published in the same media as the GENERAL CONDITIONS.

Likewise, the use of Facturas Cloud and/or the SERVICES necessarily implies the access and treatment of the information that the CLIENT enters in Facturas Cloud; Therefore, it may involve access to and processing of personal data under the responsibility of the CLIENT by the person in charge of Facturas Cloud. Consequently, the relationship between the CLIENT and the person responsible for Facturas Cloud (hereinafter the TREATMENT MANAGER CONTRACT) will be regulated in the corresponding section.

The use of the SERVICES implies the CLIENT the full acceptance of the provisions included in these GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIAL CONDITIONS and TREATMENT MANAGER CONTRACT, in the versions published at the time in that the CLIENT uses Facturas Cloud and/or the SERVICES.

In the event that the CLIENT does not agree with the provisions of the aforementioned conditions, they should not continue to use Facturas Cloud, or any of the SERVICES.

Likewise, in the event that the CLIENT does not agree with any of the modifications made in the GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIFIC CONDITIONS and the TREATMENT MANAGER CONTRACT, he must leave to use Facturas Cloud and/or the SERVICES; since its hiring and use implies the acceptance of the GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIFIC CONDITIONS and the TREATMENT MANAGER CONTRACT at the time of said use.

2. IDENTIFICATION OF THE RESPONSIBLE

The person in charge and owner of Facturas Cloud is DIGITAL CLOUD S.L., domiciled in Spain, calle Fernando VI Nº-17, 1º Izquierda, CP-28004, Madrid, Spain and with N.I.F. number B01826569 (hereinafter the RESPONSIBLE)

3. CONDITIONS OF USE OF FACTURAS CLOUD

3.1.   DESCRIPTION OF FACTURAS CLOUD

Facturas Cloud is a computer application, devised and created by the RESPONSIBLE, to lend through the web platform   https://facturascloud.com , all a series of functionalities and services to the CLIENTS; among which are the following:

• Preparation, delivery and filing of documents (invoices, proforma invoices, estimates, delivery notes, receipts, expenses).
• Collection management.
• Income management.
• Customer Management.
• Supplier management.

In order to use Facturas Cloud and/or contract the SERVICES, it will be necessary to register in the way that is established below:
The CLIENT MUST provide, as a minimum, the following information:

• Name of the company or the natural person who owns the Facturas Cloud account.
• Email of the company or the natural person who owns the Facturas Cloud account.
• Password.

In the hiring and/or registration process, the CLIENT must: indicate if they have read and accept the PRIVACY POLICY, the GENERAL CONDITIONS and SPECIFIC CONDITIONS and the TREATMENT MANAGER CONTRACT applicable to each case.

It is important that the CLIENT read these sections carefully, since they contain relevant information about their rights, about the way of processing and obtaining both their personal data and the personal data that are the responsibility of the CLIENT; As well as the rules that regulate and link the use of Facturas Cloud and the relationship between the CLIENT and the RESPONSIBLE.

When the CLIENT has confirmed that he wishes to register, the RESPONSIBLE will send him an email confirming his registration.
The CLIENT may access their account, modify or cancel the data provided, through the easy and free procedure that is established and reported in the PRIVACY POLICY.

The account and the “PASSWORD” of each CLIENT are Unique, personal and non-transferable and, therefore, they may not communicate it to any third party or assign its use.
The CLIENT will be responsible for all operations carried out by Him and/or for any operation carried out from a device associated with his account; since, access to it is restricted with the use of your “ USER NAME ” and “ PASSWORD ”, of exclusive knowledge of the CLIENT, having to safeguard the confidentiality of the same to avoid unauthorized access.

The CLIENT agrees to notify the RESPONSIBLE immediately and by suitable means, of any unauthorized use of his account; as well as entry by unauthorized third parties. It is clarified that the sale, assignment or transfer of your account     is prohibited under any title.

The RESPONSIBLE reserves the right to reject any application for registration or cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation or compensation.

Once the CLIENT has registered, they will access the CLIENT AREA, by entering their "EMAIL" and “ PASSWORD ”.
The CLIENT may carry out the activities described above in Facturas Cloud, having to make use of Facturas Cloud in accordance with the provisions of these GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIFIC CONDITIONS and the TREATMENT MANAGER CONTRACT; as well as the current legislation in the country where he resides and the country of residence of the RESPONSIBLE.
In case of cancellation as a CLIENT of Facturas Cloud, for any reason, access to the information contained in the CLIENT's account will be automatically blocked, and the RESPONSIBLE may delete all the CLIENT's data or keep and safeguard them, during the legally established time .

3.2.       ACCEPTANCE OF THE TERMS OF USE

As established above, the hiring and/or use of Facturas Cloud and/or any of the SERVICES, implies knowledge and acceptance of the GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIFIC CONDITIONS and the CONTRACT FOR THE TREATMENT MANAGER by the CLIENT.
By accepting this contract, the CLIENT declares:
a)       That he is a person of legal age and/or with the capacity to contract, in accordance with the general hiring laws of the State where he resides.
b)       That you have previously read, understand and accept the GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIAL CONDITIONS and the TREATMENT MANAGER CONTRACT.

3.3.   OBJECT OF THE CONDITIONS OF USE

By virtue of these GENERAL CONDITIONS, the RESPONSIBLE grants the CLIENT a license of the right to use Facturas Cloud, non-exclusive, revocable and not sublicensable; all this, subject to the limits, terms and conditions established in these GENERAL CONDITIONS and, where appropriate, in the SPECIFIC CONDITIONS.

3.4.   PRICE AND METHOD OF PAYMENT

Facturas Cloud is a free tool as long as a maximum number of generated documents is not exceeded, in which case, one of the available plans would have to be contracted.

HOW CAN YOU CONTRACT THE FACTURAS CLOUD SERVICE?

PLANS: Facturas Cloud offers a plan system that adapts to the volume of documents generated. The limits of each plan are specified in the "Settings > Subscription" section from within the account or from the public price page. If the CLIENT exceeds any of the limits of his plan, he must adapt to the current contracted capacity or contract a plan with greater capacity.

CONTRACT PERIOD: Plans can be contracted on a monthly or annual basis. The annual hiring will suppose a discount. There is no permanence beyond the contracted period already paid.

TRIAL PERIOD: All accounts will always have a 30-day free trial without any capacity limits. No charge will be made for the duration of the free trial period, even if a paid plan has been set up.

PAYMENT METHOD: The CLIENT may pay for his plan by credit card directly from his account.

CURRENCY: Payments will be made in euros (EUR) unless otherwise indicated on the contract page or on the invoice itself. The amount of the plan must be paid in advance, as it is a condition for the contracted plan to be activated in the CLIENT's account.

TAXES: All prices shown are always exclusive of taxes, unless otherwise indicated. The CLIENT will be responsible for the payment of any tax.

CONTRACTING: To contract any payment plan, you only have to access your account and then "Settings > Subscription".

MODIFICATIONS AND/OR UPDATES: Digital Cloud S.L. reserves the right to modify the capabilities and functionalities of the plans and rates unilaterally and at any time, without granting the CLIENT any right to compensation with said change.

WHAT DURATION DOES THE AGREEMENT HAVE?

The contract will have the same duration as the service, unless the regulations provide otherwise in relation to any of the terms of this Agreement.

This Agreement binds Digital Cloud S.L. and CLIENT who accepts the same and cannot be assigned unless the new beneficiary accepts the conditions of this Agreement and that the previous CLIENT remains responsible for the obligations contracted in the Agreement before said assignment. Any other attempted assignment or transfer will be considered null and void.

WHAT DURATION DOES THE SERVICE HAVE?

Facturas Cloud has no permanence. You can stop using the program at any time, as well as delete your account and all your data from our servers.

The program can be contracted both annually and monthly and Digital Cloud S.L. will offer the service during the contracted period and even after its completion, adapting to the capabilities of the free plan we offer.

The elimination of the account or the change to a lower plan will not generate any right to return the amount already paid. If the contract is canceled and the contracted period has not yet been exhausted, no apportionment of time will be made, nor will the remaining amount be refunded, but it can always be enjoyed until its complete consumption.

At the end of the paid period (month or year), the Service will be automatically renewed for a period of duration equal to the previous period.

Likewise, the CLIENT administrator of the account may not renew or delete his account at any time from within the account by clicking on "Settings > Subscription". In the case of canceling the automatic renewal of the contracted service, upon arrival of the end date of the current subscription, the system will automatically change the plan assigned to the CLIENT's account to the "Free Plan".

PLAN CHANGES AND RENEWALS

Plan changes (changes in the capabilities of the contracted service) can be made at the time that all available documents have been consumed or when the time of the contracted plan has expired from "Settings > Subscription", except with the "Free Plan" that You can change your plan at any time and it will be effective immediately.

The renewals of the service will be carried out automatically for successive periods at the end of the service. Both parties agree that they may unilaterally, at any time and for any reason, decide not to continue the automatic renewal of the Services.

IS IT POSSIBLE TO GET BACK AFTER CONTRACTING A PLAN?

Of course, as for any other online purchase, you have 14 calendar days to withdraw from the contract.

To do this, you must request the refund of the subscription amount through our email soporte@facturascloud.com and from the email registered in the tool to be able to verify the origin of the request.

FOR WHAT REASON CAN THE AGREEMENT BE TERMINATED?

In addition to legally recognized causes (mutual agreement...), each of the parties may suspend performance or terminate this Agreement if:

• The other party is in material breach of the Agreement and does not cure it within thirty days after receipt of written notice.
• The other party ceases its business operations or is subject to insolvency proceedings and such proceedings are not dismissed before ninety days.
• The other party materially breaches this Agreement more than twice, notwithstanding the remedy of such breaches.

In the event of termination of this Agreement:

The rights granted by one party to the other will cease with immediate effect (unless otherwise provided in this Section), Digital Cloud S.L. will provide you with your data, as well as the ability to export it, for a legally reasonable period of time and at the prices of Digital Cloud S.L. in force at that time applicable to the Service, After a legally reasonable period of time, Digital Cloud S.L. will delete CLIENT Data, each party will immediately use commercially reasonable efforts to return or destroy any other Confidential Information of the other party, if requested.

AND WHAT HAPPENS TO THE DATA IN MY ACCOUNT IF I STOP USING THE SERVICE?

At any time, the CLIENT may export the data contained in his account by clicking on "Show more > Export". The format of the export files is PDF.

Initially, as long as the account continues to operate, all data entered into the accounts will remain intact. These data will only be deleted if any of the CLIENTS delete them manually or if the complete deletion of the account is requested.

A CLIENT's account will be considered expired if, being with the "Free Plan", he does not access it for a period of 1 year. At that time, Facturas Cloud will delete all the CLIENT's data from its database.

3.4.1.   SERVICE "ATTACH FILES TO EXPENSES"

The Facturas Cloud service includes a functionality to attach files to expenses. This functionality is included in the service at no additional cost as long as the storage quota for said files does not exceed 10 MB. From this amount, in case the CLIENT explicitly contracts the expansion of space, it will be paid. The price list will be published on our website.

o acquire more storage it will be necessary to make the request through our email soporte@facturascloud.com indicating the periodicity of the payment (monthly, quarterly, semester, annually).

An invoice will be sent each time the contract period expires and it will have to be paid within the following 5 days by bank transfer. In case of not being paid in that time, the space will be reduced again to 10 MB by default.

In addition, if the pending invoice is not paid in 1 month, it will be understood that the service has been canceled and the files uploaded to the server will be eliminated until the default 10 MB is left.

The RESPONSIBLE is not responsible for the content of the files uploaded to our server, the responsibility for the content of the files will always be the CLIENT.

The use or attempt of illegal or fraudulent use of this functionality by the CLIENT, will imply their automatic cancellation of the service and the complaint by the RESPONSIBLE before the pertinent authorities.

3.5.       TERM AND VALIDITY OF THE TERMS OF USE

These GENERAL CONDITIONS and, where appropriate, the SPECIFIC CONDITIONS will come into force from the date on which this agreement between the CLIENT and the RESPONSIBLE is perfected, beginning to produce its effects on both parties from the first day of Facturas Cloud registration.

In the event that any of the parties does not comply with the obligations contained in these GENERAL CONDITIONS and, where appropriate, the SPECIAL CONDITIONS, the complying party may automatically terminate this contract, prior written request to the non-compliant party, where be informed of the breach, without prejudice to claims for damages caused and other responsibilities that exist on both parties.

3.6.   ESSENTIAL OBLIGATIONS OF THE RESPONSIBLE

The RESPONSIBLE undertakes to comply with the following essential obligations:
a)         To provide correct use of Facturas Cloud and/or the SERVICES contracted to the CLIENT, in the terms and conditions agreed in this contract and, especially, in these GENERAL CONDITIONS and, in its case, the SPECIAL CONDITIONS.
b)         To communicate to the CLIENT the configuration of hardware and equipment necessary for the optimal use of Facturas Cloud and/or the SERVICES, together with the necessary instructions for their use.

3.7.   ESSENTIAL OBLIGATIONS OF THE CLIENT

The CLIENT undertakes to comply with the following essential obligations:
a)       To use the COMPUTER APPLICATION without incurring in illegal or illicit actions, or contrary to what is established in the GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIAL CONDITIONS and the CONTRACT OF MANAGER OF TREATMENT.
b)       Not to damage, disable, overload or deteriorate Facturas Cloud or impede the normal use or enjoyment of it.
c)       Do not make any attempt to violate access levels, incorrect manipulation of data, duplication and export of data or information protected by intellectual property or other legal rights, attempt to access restricted areas of computer systems of the RESPONSIBLE or third parties, introduction of programs, viruses or any other device that produces or may produce modifications in the computer system of the RESPONSIBLE or third parties.
d)       You may not assign or transmit to third parties in any way, the rights licensed by this contract, or allow their use to third parties, being definitively prohibited the use of Facturas Cloud for any purpose other than whether it is the exclusive satisfaction of your own needs for use, or other than the use described in Facturas Cloud; not being able, by way of example but not limitation, to lease, loan, sell or sublicense Facturas Cloud or perform acts that imply a violation of the duty to protect a property owned by the RESPONSIBLE or third party.
e)       Not to reverse engineer, decompile, disassemble, reproduce, translate, modify, version, commercialize, duplicate, transform or transmit to a person or entity, partially or totally, in any form or by any means, whether mechanical, magnetic, by photocopying or any other means, or remove any property notice or labels from Facturas Cloud, nor the logical diagrams, source codes, object and/or the data model, without prior and express written authorization of the RESPONSIBLE and even when any of said actions is necessary for its interoperability with other third-party computer programs or applications.
f)       Will provide the necessary means to guarantee, but not limited to, the non-disclosure, copying, duplication, manipulation, reproduction, translation, transformation or access by third parties, or any other act that imply a violation of the duty to protect an asset owned by a third party; Due to this, it must physically and logically protect and safeguard Facturas Cloud and/or their contents, logical procedures and access mechanisms.
g) Use Facturas Cloud respecting at all times the provisions of the data protection regulations, obtaining the prior consent of those affected, whose data is collected in Facturas Cloud, providing for this purpose an email or postal address for recipients of them can exercise their rights of access, rectification, cancellation or opposition of their personal data.
h)     Defend and indemnify and, in any case, hold the LICENSOR and/or its suppliers harmless from any claims or actions of any kind, as well as any expenses and costs (including, among others, fees from legal services), which arise or are derived from the violation by the CLIENT of these GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIFIC CONDITIONS and the TREATMENT MANAGER CONTRACT. This obligation will remain in force even after the termination of the CLIENT's relationship with the RESPONSIBLE or the use of Facturas Cloud.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

Facturas Cloud, the website   https://facturascloud.com , their contents and their distinctive are protected by intellectual property laws and Spanish industrial and by the applicable laws of the country where it is used. The existing intellectual and industrial property rights over Facturas Cloud, the website   https://facturascloud.com   and/or the contents and designs included in them; As well as the brands, commercial names and industrial designs contained in them, they are the exclusive property of their owners, the use and exploitation of them being reserved and protected by law.

The reproduction, distribution, public communication, transformation and/or making available to the public of all or part of Facturas Cloud, the website https://facturascloud.com, is prohibited.   and/or the contents, designs, trademarks, trade names and industrial designs contained therein, without the prior express authorization of their legitimate owner.

By using Facturas Cloud, the website   https://facturascloud.com   the CLIENT does not acquire any rights over them, and may simply use them in accordance with what is agreed in these GENERAL CONDITIONS and/or, where appropriate, SPECIAL CONDITIONS.
The unauthorized use and/or the infringement of existing intellectual and industrial property rights on Facturas Cloud, the website   https://facturascloud.com, and/or its contents and designs, trademarks, trade names and industrial designs, will give rise to the corresponding legal responsibilities.
In the event that the CLIENT detects any activity likely to violate any intellectual or industrial property right or any other type of right, we ask you to notify us by sending a communication to the following email   soporte@facturascloud.com

5. PRIVACY POLICY

At Facturas Cloud we treat the information you provide us with in order to provide the requested service. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation on whether Facturas Cloud is treating your personal data, therefore, you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary at soporte@facturascloud.com .
Please carefully read our Privacy Policy .

6. RESPONSIBILITY

The RESPONSIBLE is not responsible for the interruptions of Facturas Cloud, motivated by force majeure or by circumstances that are beyond its reach.

The RESPONSIBLE may temporarily interrupt access due to security measures, or restructuring of computer resources, in order to improve the use of Facturas Cloud service. These interruptions will have to be duly justified and the interruption will be the shortest possible time.
The CLIENT declares that he knows the hardware, equipment and technical requirements necessary for the correct use of Facturas Cloud. Consequently, the RESPONSIBLE will not assume any responsibility for the inadequacy or for the infractions incurred by the CLIENT due to the use of Facturas Cloud.

The CLIENT accepts that the RESPONSIBLE will not be liable to her or to any third party for any liability that may arise from the use made by the CLIENT of Facturas Cloud; of any type of loss of information or data when using said application; the delay or failures in the use of it; of any other case that exceeds beyond the reasonable control of the RESPONSIBLE; of the non-delivery or error in the delivery of data, due dates or payments of the CLIENT; the processing of any information or modification associated with Facturas Cloud; of the breach of any obligation or of the law by the CLIENT when using Facturas Cloud, not being responsible the RESPONSIBLE of any type of indirect, special or accidental damages (including the loss of benefits) without taking into account if the form of the action It is in contract, tort (including negligence) or something else.

The CLIENT will be solely responsible for the provision and payment of costs necessary to ensure the compatibility of Facturas Cloud with the other accessory computer applications or computer equipment, including all hardware, software, electrical components and other physical components required to access and use Facturas Cloud, including but not limited to telecommunications services, Internet access and connection, links, browsers, or other programs, equipment and services required to access and use Facturas Cloud.

The use of Facturas Cloud does not imply the acceptance, approval and/or knowledge by the RESPONSIBLE of the use made of it; since, the RESPONSIBLE only provides the CLIENT the use of Facturas Cloud, to make correct use of it, in accordance with the provisions of these GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIAL CONDITIONS and the TREATMENT MANAGER CONTRACT and in the applicable legislation. The CLIENT, therefore, is solely responsible for the correct use of Facturas Cloud as well as the information and treatment thereof contained in her account.

The RESPONSIBLE will cooperate, if required by judicial order or by the pertinent authorities, in the identification of the persons responsible for those uses that violate the law.

Likewise, the RESPONSIBLE person declines all responsibility for any interruption of Facturas Cloud and/or the SERVICES, which may occur due to the updating or improvement of the same or due to external causes.

The CLIENTS will hold the RESPONSIBLE, its directors, administrators, representatives and employees harmless for any claim or demand from third parties related to the activities promoted within Facturas Cloud and/or the SERVICES or for the breach of these GENERAL CONDITIONS, the POLICY OF PRIVACY and/or PARTICULAR CONDITIONS, and other regulations that are understood to be incorporated herein or for the violation of any laws or rights of third parties.

The CLIENT will not have any right to claim compensation of any kind (direct or indirect) for temporary interruptions or definitive suspension of Facturas Cloud or the SERVICES or any type of content, product or service offered in them, the RESPONSIBLE declining all responsibility, whether they have produced the interruptions or suspensions due to their own causes or others.

If the CLIENT is not satisfied with any part of Facturas Cloud or its contents or services or with any part of these GENERAL CONDITIONS, the PRIVACY POLICY and/or PARTICULAR CONDITIONS, their sole and exclusive recourse will be to stop using Facturas Cloud and terminate this contract in the manner established in it.

In no case will the RESPONSIBLE'S responsibility exceed the total amount paid by the CLIENT to the RESPONSIBLE for the license of use granted by Facturas Cloud. In the event that the applicable legislation does not allow the exclusion of liability for indirect or incidental damages, the responsibility of the RESPONSIBLE will be limited to the minimum extension of guarantees and liability permitted by Law.

7. LINKS AND COOKIES

On some occasions, due to the use of Facturas Cloud, “ Cookies “; that is, small data files that are generated on the CLIENT's devices and that allow obtaining information, such as Date and time of the last time the CLIENT visited Facturas Cloud, without the RESPONSIBLE having control and/or control and/or any responsibility for such information.

If the CLIENT links to some   link   or   banner,   different to the website   https://facturascloud.com,   you should know that you will be browsing another site on the Internet, whose rules of use and privacy policy are beyond the control of the RESPONSIBLE; Therefore, it is convenient for the CLIENT to review these rules of use and privacy policy, in order to find out the applicable rules and the treatment given to their personal data.

Please read our Cookie policy carefully.

8. FACTURAS CLOUD MODIFICATION AND UPDATES

The RESPONSIBLE reserves the right to unilaterally modify, at any time and without prior notice, the presentation, configuration and contents of Facturas Cloud and this license of use in the terms it deems appropriate. The access or the partial or total use of Facturas Cloud implies the acceptance of the modification or modifications made.

During the duration of this contract and subject to the terms and conditions contained therein, the CLIENT will have the right to receive all the updates that may arise from Facturas Cloud, assuming the same identical commitments, regarding their limitations of use. and duty of custody that exist on Facturas Cloud.

9. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in these GENERAL CONDITIONS and/or the SPECIFIC CONDITIONS, is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the GENERAL CONDITIONS in everything else, having such provision, or the part of it that is affected, by not being placed.

10. APPLICABLE LAW AND JURISDICTION

For any question or divergence that may arise regarding said content, activities, products and contracted services, the RESPONSIBLE and the CLIENT, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the application of the Spanish Legislation, being equally competent the Spanish Courts, with express submission to the jurisdiction of the Courts of Madrid, unless the applicable legislation determines in an imperative manner another jurisdiction or different legislation.

11. DRAFTING OF THE PERSONAL DATA PROCESSING MANAGER CONTRACT:

This Treatment Manager Agreement (" CET ") is the basis of the relationship between you, the Data Controller and Facturas Cloud, the service provider, as Data Processor under the data protection legislation, more specifically, the General Regulations Protection of Data (" GDPR "). This is an important agreement that forms the contractual basis for us to process the data on your behalf. It explains how your data may be processed and its purpose. We process your personal data only as required and according to your instructions, as described in this agreement.

This CET assures you that we, as your Data Processor, comply with the requirements stipulated in the RGPD. In addition, you can be sure that we maintain the necessary agreements with third parties. The CET is detailed below for your information.

11.1 PERSONAL DATA PROCESSING MANAGER CONTRACT:

11.1.1 INTRODUCTION AND DEFINITIONS:

Responsible for Data Processing: The natural or legal person who contracts with Digital Cloud S.L., the use of the computer application called Facturas Cloud; The Data Controller, in turn, will be responsible for the personal data that you enter in Facturas Cloud.
Responsible for Data Processing: Digital Cloud S.L., owner and responsible for Facturas Cloud, responsible for managing and maintaining said application and; therefore, responsible for the processing of personal data entered in Facturas Cloud by the Data Controller.

Between the Data Controller and Digital Cloud S.L. with NIF B01826569, company name at Fernando VI Nº-17, 1º Izquierda, CP-28004, Madrid, Spain (“ Facturas Cloud ” or “ Data Processing Manager ”, hereinafter) each a " part "; together " the parts ",
HAVE AGREED to the terms of this Treatment Manager contract (hereinafter " CET " or " Contract ") on protection of personal data with respect to the processing of personal data when the client acts as Data Controller and Facturas Cloud In charge of the Data Processing to comply with the service obligations described in the service agreement (detailed below). As part of the fulfillment of these service obligations, Facturas Cloud will process certain personal data on behalf of the Data Controller, in accordance with the terms of this contract. Each party agrees and will ensure that the terms of this contract are also fully applicable to its subsidiaries, which may be involved in the processing of personal data for the project defined in the service agreement. Specifically, Facturas Cloud will ensure that all sub-processors operate within the same terms as this Agreement when processing customer personal data.

Personal data is defined as any information related to a data subject by which it can be identified in particular, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific factors of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural or legal person (when applicable).

All other definitions mentioned in this document, including the terms Data Controller and Data Processor, are determined by the corresponding data protection laws, including the EU General Data Protection Regulation 2016/679 of April 27, 2016 (onwards, "RGPD").

Confidential personal data is not considered processed under the application service offered by the Data Processor and, therefore, is excluded from the terms of this Contract.

By subscribing to use the Facturas Cloud program and accepting the Terms and Conditions, including the Privacy Policy and this CET, the parties agree under all national data protection laws and under the RGPD that this Contract governs the relationship between the Responsible for the Data Processing and the Data Processing Manager, determining the processing of personal data by Facturas Cloud of customer data. This Contract has priority, unless it has been superseded by another signed CET that communicates its primacy over this Contract.

The purpose of the treatment of Facturas Cloud of personal data for the customer is to ensure the full use of the service by the customer and allow this Agreement to be fulfilled. Facturas Cloud will ensure that sufficient security of personal data is maintained at all times.

Both parties confirm their authority to sign the Agreement by doing so.

11.1.2 RESPONSIBILITIES OF THE DATA PROCESSOR:

The Data Processor must process all personal data on behalf of the Data Controller and follow their instructions. When entering into this Agreement, Facturas Cloud (and any sub-processor with whom the Data Processor has a legal agreement to offer the services) has instructions to treat the client's personal data in accordance with all national and European laws, comply with your obligations under the terms of the service application according to the instructions of the Data Controller as described in this Contract.

As part that provides the application, the Data Processor is required to always provide the client with the appropriate solutions to accompany the continuous development of their business through the use of the service. The Data Processor tracks how the client uses the application to make the best suggestions, provide relevant services at all times and commit to send the most accurate communications in order to achieve ease of use and customer satisfaction. Insofar as the application's processing of personal data is part of this, it is processed only in accordance with this CET and applicable law and is shared only when necessary to provide a better customer experience.

Taking into account the available technology and the cost of implementation, As well as the scope, context and purpose of the treatment, the Data Processor is required to take all reasonable measures, including technical and organizational measures, to guarantee a sufficient level of security in relation to the risk and the category of personal data to protect. The Data Controller SHALL help the Data Controller with the appropriate technical and organizational measures as necessary and taking into account the nature of the treatment and the category of information available to the Data Controller to ensure compliance with the obligations of the Data Controller under the applicable data protection laws.

The Data Controller will notify the Data Controller Data Processing without undue delay if the Data Controller becomes aware of a security breach.

In addition, the Data Processor must, as far as possible and legally, inform the Data Controller if a data request is made (request for data access) by the bodies that must provide it. . The Data Controller will respond to such requests once the Data Controller authorizes it to do so. The Data Processor will also not disclose information about this Contract unless the Data Processor is required by law to do so, such as by court order.

If the Data Controller requires information or help With regard to data security, documentation or information on how the Data Processor treats personal data in general, you can request this information from the Data Processor.

The Data Controller, its employees and any affiliate or partner will guarantee confidentiality in relation to the personal data processed under the Contract. This provision continues to apply after the termination of the Contract, regardless of the cause of its termination.

11.1.3 RESPONSIBILITIES OF THE DATA RESPONSIBLE:

The Data Controller confirms, by signing this Contract, that, by using the application, you will be able to freely process your data in accordance with all legal data protection requirements, including the RGPD. The Data Controller gives her explicit consent to the processing of your personal data at all times when using the service.

The Data Controller may revoke this consent at at any time, but doing so terminates the current Contract and the Data Processor WILL no longer be able to offer the service.

The client has a legal basis to process personal data with the Data Processor (including sub-processors) with the use of the services of Facturas Cloud.

The Data Controller is responsible at all times for the accuracy, integrity, content and reliability of the personal data processed by the Data Controller. You have both complied with all the mandatory requirements in relation to notification or obtaining permission from the relevant public authorities regarding the processing of personal data. In addition, both have fulfilled their disclosure obligations with the relevant authorities regarding the processing of personal data in accordance with all applicable data protection legislation.

11.1.4 DATA TRANSFER AND THE USE OF SUBCONTRACTORS:

To provide the service to the Data Controller, the Data Processor uses subcontractors. These subcontractors can be external suppliers both within and outside the EU / EEA. The Data Processor guarantees that all subcontractors comply with the obligations and requirements of this Contract; specifically, that its level of data protection meets the standard required by the relevant data protection laws. If a jurisdiction is outside the EU / EEA and is not on the list approved by the European Commission of satisfactory levels of data protection under the GDPR, then a specific agreement is established between Facturas Cloud and said subcontractor to ensure that it will maintain all the personal data in accordance with the requirements of current EU data protection laws.

The subcontractors are as follows:

-Google Cloud Platform: Hosting

-Google Suite: Mail service provider.

This Agreement constitutes the specific and explicit prior consent of the Data Controller for the use by the Data Processor of subcontractors of data processors, which may sometimes be outside the EU / EEA or territories approved by the European Comission.

The Data Controller may revoke this consent at any time, but by doing so the Contract expires and the Data Controller will no longer be able to offer the service.

If a deputy director is established or personal data is stored outside the territories approved by the EU / EEA or the European Commission, the Data Processor has the responsibility to ensure a satisfactory basis for transferring personal data to a third country on behalf of the Controller. of Data Processing, including the use of standard contracts of the European Commission or specific measures that have been previously approved by the European Commission.

The Data Controller must be informed before the In charge of Data Processing replace his subcontractors. The Data Controller may oppose a new sub-processor that processes your personal data on behalf of the Data Processor, but only if the sub-processor does not process the data in accordance with current data protection legislation. The Data Controller can demonstrate compliance by providing the Data Controller by giving access to the data protection assessment carried out by the Data Controller.

If the Data Controller is still opposes the use of the subcontractor, You can terminate your subscription to the service, without the usual required notice period, and then ensure that the unwanted subcontractor does not process your personal data.

11.1.5 CONTRACT PERIOD:

The Contract remains valid as long as the Data Processor processes personal data with the use of the Data Processor of the service application and unless it is replaced by another signed CET that communicates its primacy over this Contract.

11.1.6 TERMINATION OF THE CONTRACT:

After the cancellation of any subscription, the Data Processor will delete all personal data, except those that are required to keep according to the applicable legal requirements and in such case they will be saved in accordance with the technical and organizational guarantees within Facturas Cloud.