LEGAL NOTICE AND PRIVACY POLICY

1. IDENTIFICATION DATA:

In compliance with Article 10.1 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI), the identification data of the owner is indicated:

• Responsible party: FACTORÍA DE SOFTWARE E MULTIMEDIA, S.L. (hereinafter, “OPENTRAD”)
• NIF (tax ID number): B70001912
• Registered office: Salgueiriños de abaixo 11 Local 6 15703, Santiago de Compostela (A Coruña)
• Registration data: Registered in the Mercantile Registry of A Coruña, T 3000, F 150, S 8, H C 36633
• Contact email: comercial@opentrad.com
• Web page: www.opentrad.com

2. PRIVACY POLICY

Through this Privacy Policy, the user is informed in a clear, precise and concise manner. If the user accepts it, he/she will give us his/her consent in a free, informed, specific and unequivocal way for OPENTRAD to process his/her personal data, in accordance with the EU Regulation 2016/679 on the protection of natural persons, through the processing of their personal data and their free movement (RGPD) and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDDD) (current European and national legislation on data protection).

2.1 BASIC INFORMATION ON DATA PROTECTION

Responsible party for the processing
FACTORÍA DE SOFTWARE E MULTIMEDIA, S.L.

Processing purposes
Response to queries and doubts, provision of service and possible sending of information about products and services.
It is important to clarify that, through the OPENTRAD platform, only the number of words (but not the content), the languages in which the translation has been requested and, in the case of documents, the format used will be stored (i.e. no personal data will be stored in the automatic translation platform).

Legitimisation
Consent of the interested party (Article 6.1.a of the RGPD).
Contractual relationship with the interested party (Article 6.1.b of the RGPD).

Recipients
No data will be transferred to third parties.
The following may have access: Tax Administration, Banks and financial institutions, Security Forces and Corps, Data Processors necessary for the provision of the service.

Rights and additional information
The exercise of the rights of access, rectification or deletion, among others, is allowed. All information is accessible in the detailed information of this Privacy Policy.

2.2 DETAILED INFORMATION ON DATA PROTECTION

2.2.1 Who is the responsible party for the processing?

The identification data of the responsible party for processing appear in section 1.

2.2.2 What information do we collect and process from the user through OPENTRAD?

It is important to clarify that, through the OPENTRAD platform, only the number of words (but not the content), the languages in which the translation has been requested and, in the case of documents, the format used will be stored (i.e. no personal data will be stored in the automatic translation platform).

• Through the contact form
  On our web page the user will find the option to write to us to clarify any doubts he/she may have regarding the operation of our products/services or anything else he/she may need. To answer, we will contact the user through email or phone number, if he/she had indicated it to us.
• Through our corporate email
  Through our email comercial@opentrad.com the user will be able to write to us and/or require the information he/she considers necessary to clarify doubts related to our services.

In the event that the user provides us with third party data, he/she shall assume the responsibility of having previously informed the user and having his/her consent to do so, in accordance with Article 14 of the RGPD.

2.2.3 For what purpose do we process the user’s personal data

OPENTRAD processes personal data for the purposes set out below, depending on the reason for which they have been provided:

a) To carry out the provision of the contracted products/services, the maintenance of the contractual relationship and the monitoring of the same.

b) Contact, process, manage and respond to the user’s request, application, incident or query (either by email, contact form or telephone).

c) Manage the client’s purchase process and any query associated with the products/services contracted.

2.2.4 What is the legitimisation of the processing of the user’s data?

• The legal basis for the processing of his/her personal data for the purposes set out in the previous section is the execution of the provision of the corresponding service, and it is an imperative obligation to do so, as established in Article 6.1,b) of the RGPD.
• Regarding the sending of information about products, services and news associated with OPENTRAD, the legal basis for the processing of personal data provided is the consent given by the user expressly, as established in Article 6.1,a) of the RGPD.

2.2.5 For how long will the user’s personal data be processed?

• The data for the management of the relationship with the client and the billing and collection of the services will be kept for as long as the contract is in force. Once this relationship has ended, if applicable, the data may be retained for the time required by applicable law and until any liabilities arising from the contract expire.
• Data for the management of queries and requests will be retained for the time necessary to respond to them and, in this case, while the person concerned does not request the withdrawal of their consent to send them information related to their query.
• Data for sending information associated with OPENTRAD products or services will be retained as long as the user does not revoke their consent.

2.2.6 To which recipients will the user’s personal data be communicated?

As a general rule, your data will not be disclosed to third parties unless there is a legal obligation or it is necessary to carry out the provision of the service. Taking this into account:

• The user’s personal data could be communicated to financial institutions through which the collection and payments management is articulated.
• Only in legally required cases, the data will be communicated to the State Security Forces and Corps.
• They could also be communicated to the competent Public Administrations in the cases provided by law.
• Where appropriate, they will also be communicated to the Data Processors of OPENTRAD for the proper provision of the service.

2.2.7 What are the user’s rights?

• Data protection regulations allow you to exercise your rights of access, rectification, deletion and portability of data and opposition and limitation to their processing, as well as not to be subject to decisions based solely on the automated processing of said data, where appropriate.
  These rights are characterised by the following:
• The exercise is free of charge, except in the case of manifestly unfounded or excessive requests (eg, repetitive nature), in which case OPENTRAD may charge a fee proportional to the administrative costs incurred or refuse to act.
• You may exercise the rights directly or through your legal representative or volunteer.
• We must respond to your request within one month, although, taking into account the complexity and number of requests, the deadline may be extended for another two months.
• We are obliged to inform you of the means of exercising these rights, which must be accessible and without being able to deny you the exercise of the right on the sole ground of opting for another means. If the request is submitted by electronic means, the information will be provided by these means where possible, unless you ask us to do otherwise.
• If OPENTRAD does not act on the request, it will inform you, within one month at the latest, of the reasons for its failure to act and the possibility of complaining to a Control Authority.

In order to facilitate their exercise, we provide links to the application form for each of the rights:

• Form for exercising the right of access
• Form for exercising the right of rectification
• Form for exercising the right of opposition
• Form for exercising the right of deletion (“right to be forgotten”)
• Form for exercising the right to limitation of processing
• Form for exercising the right to portability
• Form for exercising the right not to be subject to automated individual decisions

To exercise your rights, OPENTRAD offers you the following means:

1. By written and signed request addressed to OPENTRAD. Ref. Exercise of Rights LOPD.
2. Sending scanned and signed form to the email address lopd@imaxin.com indicating in the subject Exercise of Rights LOPD.

In both cases, you must prove your identity by attaching a photocopy or, where appropriate, scanned copy of your ID card or equivalent document to verify that we only answer to the person concerned or his/her legal representative (in this case you must provide proof of representation).

Likewise, and especially if you consider that you have not obtained full satisfaction in the exercise of your rights, we inform you that you may file a complaint with the national supervisory authority by contacting the Spanish Data Protection Agency (AEPD), C/ Jorge Juan, 6 – 28001 Madrid (www.aepd.es).

2.2.8 What security measures have we implemented?

In OPENTRAD we are committed to protect your personal information.

We use physical, organisational and technological measures, controls and procedures, reasonably reliable and effective, oriented to preserve the integrity and security of your data and to guarantee your privacy.

In addition, all personnel with access to personal data has been trained and is aware of the obligations in relation to the processing of your personal data.

In the case of the contracts we sign with our suppliers, we include clauses requiring them to maintain the duty of secrecy regarding the personal data to which they have had access by virtue of the order made, as well as to implement the necessary technical and organisational security measures to ensure the permanent confidentiality, integrity, availability and resilience of the systems and services for the processing of personal data.

All these security measures are reviewed periodically to ensure their adequacy and effectiveness.

However, absolute security cannot be guaranteed and there is no security system that is impenetrable so, in the event that any information subject to processing and under our control is compromised as a result of a security breach, we will take appropriate measures to investigate the incident, notify the Control Authority and, where appropriate, those users who may have been affected to take appropriate action.

2.2.9 Policy on social networks

OPENTRAD has a corporate profile on the social networks LinkedIn and Twitter

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Therefore, OPENTRAD is “Responsible for the processing of your data” considering the existence of such profiles on social networks and the fact that the user follows us and by virtue of this we can also follow you.

The above means that if the user decides to join our corporate profile as a follower or by giving a “Like” to our content or profile, he/she accepts the present policy, where we explain his/her rights and how we use his/her data.

As the responsible party for the processing of your data, we guarantee the confidentiality in the processing and the compliance of the user’s rights, always under the effects of the current regulations on data protection.

On the other hand, we inform that we will use these social networks to announce news or relevant information related to the services we offer, or on topics that we consider to be of interest to the user. Using the functionalities of these platforms, it is possible that the user receives on his wall or profile news with this type of information.

However, we also inform that there is no link between OPENTRAD and these platforms or social networks, so the user accepts their policy of use and conditions once he/she accesses them and validates their notices and terms and conditions in the registration procedure, OPENTRAD not being responsible for the use or processing of user data that is made outside the strict relationship and provision of services indicated in this policy.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

We warn you that OPENTRAD is the owner of all intellectual and industrial property rights of the web page, as well as all its elements (including but not limited to: images, sound, audio, video, software or text; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.).

The OPENTRAD web page contains texts that are intended to inform its users. Any error or omission in the content generated will not make OPENTRAD responsible in any case.

4. MODIFICATIONS TO THE LEGAL TEXT

OPENTRAD may modify this legal text in accordance with the applicable legislation at any given time. In any case, any significant modification that affects the use of the web page of the Legal Notice, Privacy Policy and Cookies, will be duly notified to the user so that he/she is informed of the changes made in the treatment of his/her personal data and, in the event that the applicable regulations so require, the user can grant his/her consent.

5. REGULATION AND JURISDICTION

Our legal texts are governed by Spanish law. These texts will remain accessible to users at all times from our web page.

If the parties do not agree to submit to mediation or arbitration beforehand, this legal notice establishes the agreement to submit to the Courts and Tribunals of Santiago de Compostela, expressly waiving any other jurisdiction.

Last modification: May 25, 2022.