Terms and conditions of the SMS message service

Rev. 1-20131119
These conditions govern the license to use the platform provided by NEXE Technologic, S.L. (hereinafter NEXE) to its customers (hereinafter THE CLIENT or YOU ). The use of the platform and access to the same assumed by THE CLIENT full acceptance of these Conditions.

1. LICENSE

NEXE grants a license to YOU, NOT exclusive and non-transferable only to the use of the platform. YOU may not sublicense, resell, modify, transfer or perform any activity other than that of mere use of the application. THE CLIENT may not reproduce, modify or use the application to send SMS for purposes other than those recruited. NEXE reserves the right to take legal actions that apply to you.

2. EXCLUSION OF LIABILITY

NEXE is not responsible for the use or illicit or illegal activities that YOU made through the SMS platform. Specifically, the CLIENT in accordance with the provisions of Articles 21 and 22 of Spanish Law 34/2002, of July 11 (LSSICE) accepts that you can not use the contracted service for sending bulk messages (Spam, advertisements, promotional or commercial) without first obtaining the consent or permission of each of its recipients. YOU will not use the platform for sending messages that purpose or content may be considered contrary to the law or that may damage the rights or NEXE image or third parties. THE CLIENT shall be personally and directly responsible for any use of the SMS sending application, under no circumstances may NEXE considered responsible for the use of the customer make the implementation. NEXE not be liable for any damages or claims resulting from the use of SMS platform both as himself THE CLIENT third parties, including loss of profits or business interruption, or any other. NEXE reserves the right to take all legal actions in compensation and damages that CLIENT may cause by using the application contrary to current regulations and the General Conditions. NEXE not guarantee in any case the results of the use of the application, depending on the success of the service for the accuracy of the data provided by the customer. NEXE not guarantee that the provision service will be uninterrupted or error free or incompatibility level operating system and/or hardware.

3. PROTECTION OF PERSONAL DATA

In accordance with Organic Law 15/1999, of December 13, Protection of Personal Data ( LOPD ), we inform you that : NEXE is responsible for a file to be included in the personal data you provide. This file is properly registered in the General Register of the Data Protection Spanish Agency for Data Protection, as established by the regulations. The data is collected in order to perform the administrative, accounting and tax services provided as well as send you commercial that may be of interest. When we need information from you always we ask you to voluntarily provide explicitly. The data collected through the data collection forms web site or other means will be incorporated into a file of personal data duly registered in the General Register of the Data Protection Spanish Agency for Data Protection, which is NEXE responsible. This entity will treat the data confidentially and exclusively for the purpose of providing the services requested, with all security and legal guarantees imposed by Law 15/ 1999 of December 13, Protection of Personal Data, the Royal Decree 1720/2007, of December 21 and Law 34/2002, of July 11, Services Information Society and Electronic Commerce. NEXE cancel or rectify the data is inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data.

ARCO RIGHTS

THE CLIENT may revoke the consent and exercise rights of access, rectification, cancellation and opposition to that effect to the address of NEXE, located in C / Vicari Belenguer, 6-11 -46120 – Alboraia -VALENCIA, properly identifying and clearly indicating the specific right is exercised.

SECURITY

NEXE adopts safety levels required by the Act 15 /1999 and other applicable regulations. However, assumes no liability for damages to third parties resulting from alterations can cause computer systems, electronic documents or user files.

USE OF COOKIES

NEXE may use cookies during the service delivery site. Cookies are physical files of personal information stored on the user’s terminal. The user has the ability to configure your browser so as to prevent the creation of cookie files or warn of it. If you choose to leave our site via links to sites website outside our institution, NEXE is not responsible for the privacy policies of such sites or the cookies that they can store on the user’s computer. Our policy with respect to e-mail to send only communications you have asked to receive. If you prefer not to receive these email messages will provide you through them the opportunity to exercise your right of cancellation and waiver receipt of these messages, in accordance with the provisions of Title III, Article 22 of Law 34/2002 of Services for the Information Society and Electronic Commerce.

FILE CHARGE

The controller of the data is NEXE, which has duly registered its files in the data Protection Agency, and can be consulted at agpd.es. NEXE is in no way responsible for the data that the user can accommodate the different services offered, as NEXE or collect these data nor is assuming the responsibility CONTRACTOR thereof. NEXE may subcontract appropriate services, in order to improve services, serve as the outsourced company charged with treatment, you will need to have your contract duly signed.

TREATMENT MANAGER

NEXE act as a processor, in relation to possible personal data that the user is responsible and are housed in NEXE systems, provided NEXE servers are the primary location of the file. NEXE therefore assume legal obligations to the Organic Law 15/1999 of 13 December on the Protection of Personal Information, for processor – Article 12 – and is therefore not in any case, the provision of this data by the user responsible for the same, a transfer of data for the purposes prescribed by law. Thus, NEXE provide the services responsible for the data in the terms set out in the General Conditions of the Provision of concrete services contracted by the user. NEXE therefore only treat this information in accordance with the instructions prompted and responsible only for the purposes specified in the contract of service requested, not communicating this data to third persons and respecting the confidentiality of the same. NEXE adopts both the processing of these data all security measures, organizational and technical specifications required by Article 9 of the Data Protection Act and legislation that develops. The CONTRACTOR is solely responsible for the hosting or data may be obtained through the services we have hired NEXE and therefore it is he who must comply with applicable law by notifying the Data Protection Agency and the corresponding files in General to fulfill the obligations that this legislation marks in relation to personal data to host.

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