Legal advice

OpenMote Technologies, SL, with address at C / Barcelona 126 1-B. Provided with CIF ESB66280462 registered in the Mercantile Registry of Barcelona (hereinafter ” OpenMote Technologies “).

 

This legal notice regulates the access and use of the website service www.openmote.com (hereinafter, the “Website”) that  OpenMote Technologies  makes available to Internet users interested in its services and related content (in hereinafter, the “Users”).

 

This website complies with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and with Organic Law 15/1999, of December 13, on Data Protection of Personal Character (LOPD, and its Development Regulation, approved by Royal Decree 1720/2007, of December 21 (hereinafter, RLOPD), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council, General Regulation Data Protection (hereinafter, RGPD).

 

The purpose of the website is to disseminate OpenMote Technologies products and services   through the Website, the Internet and any other existing means of dissemination or communication.

 

OpenMote Technologies  may alter at any time and without prior notice, the design, presentation and / or configuration of the Website, as well as some or all of the services, and add new services.

 

The use of this Website implies full acceptance of the provisions included in this Notice in the version published by  OpenMote Technologies  at the time the User accesses the Website. Likewise,  OpenMote Technologies informs  the Users of this Website that these General Conditions of Use may be modified without prior notification. Consequently, the User must carefully read this Legal Notice each time the Website is used, as it may undergo modifications.

 

The use of certain services offered to Users through the Website may be subject to their own particular conditions that, depending on the case, replace, complete and / or modify these General Conditions of Use. Therefore, prior to the use of said services, the User must also carefully read and accept the corresponding specific conditions.

DATA PROTECTION

In compliance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data (LOPD), and its Development Regulations, approved by Royal Decree 1720/2007, of December 21 (in hereinafter, RLOPD), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council, General Data Protection Regulation (hereinafter, RGPD) through this notice,  OpenMote Technologies  informs the user (“User”) of the personal data that you request, in order for Users to freely and voluntarily determine whether they wish to provide  OpenMote Technologies the personal data (hereinafter “Personal Data”) that may be required or that may be obtained from Users on the occasion of the application for registration or information on the web site operated by  OpenMote Technologies  hosted at the URL www.openmote. com or the services that can be contracted through said portal.

 

The Personal Data collected will be subject to automated processing and incorporated into the corresponding files by  OpenMote Technologies  and registered with the Spanish Agency for Data Protection, with OpenMote Technologies being the   owner and responsible for said file (hereinafter, the “File”). The data provided may be used by  OpenMote Technologies  and related companies to inform them of our products and services, news and / or promotions. For this purpose,  OpenMote Technologies will provide Users with the appropriate technical resources so that, in advance, they can access this notice on the Data Protection Policy or any other relevant information and can give their consent so that  OpenMote Technologies may process  their Data Personal Legitimation of data processing and retention periods.

 

The legal basis for the treatment of the interested party is based on the consent that the interested party grants by accepting this policy by checking the corresponding box in the following situations:

 

  • When requesting registration on the website.
  • By subscribing to any of the newsletters offered by the Owner through the forms provided for this purpose on the Website.
  • When requesting information about products and / or services offered by sending the different contact forms enabled for this purpose on the Website.
  • In the case of users who buy products or services offered by the Owner, the legal basis for the treatment of the data consists of the execution of the contract, or the shipment of the physical products purchased.

The consents obtained for the aforementioned purposes are independent, so the User may revoke only one of them, not affecting the others.

 

The User’s data will be kept for as long as the User wishes to access said services until the User objects or revokes their consent.

 

Of the resumes received through the web form, only those that meet the selection criteria will be kept for a period of 12 months.

 

User data, in general, will not be communicated to third parties except in the following cases:

 

  • When the User subscribes to any of the newsletters offered by the Holder, their data will be transferred to The Rocket Science Group, LLC (hereinafter, MailChimp), service provider, whose servers are located in the USA. Mailchimp guarantees an adequate level of protection, since it is adhered to the Privacy Shield. More information can be found at www.privacyshield.gov.

USER RIGHTS

The user can request at any time access to their personal data, as well as its rectification and cancellation, for this they must write to  OpenMote Technologies  info@openmote.com to exercise the following rights:

  • Revoke the consents granted.
  • Access your personal data.
  • Rectify inaccurate or incomplete data.
  • Request the deletion of your data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
  • Obtain from the Owner the limitation of the data processing when any of the conditions provided in the data protection regulations are met.

CONDITIONS OF ACCESS AND USE OF THE SITE

The user undertakes to make diligent use of it and the services accessible from this Website, in full compliance with the Law, good customs and these General Conditions and, where appropriate, particular conditions, as well as maintaining the due respect to other users.

 

Any use other than the purpose of this Website is expressly prohibited.

 

In this sense, the User will renounce to use any of the materials and information contained in this Website for illegal purposes and expressly prohibited in these General Conditions of Use as well as the particular conditions that, where appropriate, are enabled that are contrary to the rights and interests of  OpenMote Technologies, its members and / or third parties, and must respond to them in case of contravening or breaching said obligations and / or that, in any way (including the introduction or spread of “computer viruses”), damages, disables, overloads, deteriorates or prevents the normal use of the materials and information contained in the Website, the information systems or the documents, files and all kinds of content stored in any computer equipment (hacking) of  OpenMote Technologies , its members or any User of the Website.

 

In general, the provision of services does not require prior subscription or registration of Users. However,  OpenMote Technologies  conditions the use of some of the services to the prior completion of the corresponding User registration, selecting the identifier (ID or login) and the password that the User agrees to keep and use with due diligence.

 

OpenMote Technologies  will assign the identifier selected by the user as long as it has not been previously selected by another User. The use of the password is personal and non-transferable, the transfer, even temporarily, to third parties is not allowed. In this sense, the User must adopt the necessary measures for the custody of the password selected by him, avoiding the use of it by third parties. Consequently, the User is solely responsible for the use made of his password, with full indemnity for  OpenMote Technologies . In the event that the User knows or suspects the use of his password by third parties, he must inform OpenMote Technologies of this circumstance   as soon as possible.

 

The aforementioned registration will be carried out in the manner expressly indicated in the service itself or in the Particular Conditions that, where appropriate, regulate it.

 

All information provided by the User through the services must be truthful. For these purposes, the User guarantees the authenticity of all the data that he communicates as a result of filling in the necessary forms to subscribe to the Services.

 

Likewise, it will be the responsibility of the User to keep all the information provided to  OpenMote Technologies  permanently updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to  OpenMote Technologies . or to third parties for the information you provide.

 

In accordance with the anti-spamming policy of  OpenMote Technologies,  the User agrees to refrain from using and collecting data from distribution lists that can be accessed through the information and services contained on the Website to carry out activities for promotional or advertising purposes as well as to send commercial communications of any kind and through any support not requested or previously consented to by  OpenMote Technologies . and / or interested parties. The User who intentionally or culpably breaches any of the foregoing obligations will be liable for all damages caused.

EXCLUSION OF GUARANTEES AND RESPONSIBILITY

Except in those cases expressly described in the General Conditions of Use and the rest of the regulatory framework of the Website,  OpenMote Technologies is  not responsible for damages of any kind that may be due to a lack of accuracy, completeness, timeliness, as well as well as errors or omissions that the information and services contained in this Website or other content that can be accessed through it may suffer from, nor does it assume any duty or commitment to verify or monitor its content and information.

 

Likewise,  OpenMote Technologies  does not guarantee the availability, continuity or infallibility of the operation of the Website, and consequently excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of of availability or continuity of the operation of the Website and the services enabled therein, as well as errors in accessing the different web pages or those from which, where appropriate, said services are provided.

 

OpenMote Technologies  excludes any liability for damages of any kind that may be due to the services provided by third parties through this Website as well as the means that they enable to manage service requests, and specifically, by way of example and non-limiting: for acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the Website, as well as the lack of veracity, accuracy, completeness, vices, defects, relevance and / or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through this Website.

APPLICABLE LEGISLATION

The General Conditions of Use and the rest of the legal conditions of the website are governed in each and every one of their extremes by Spanish law.