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Contract services of DOMINIONS

Legal warnings | Policies Privacy | Contracts of services | RGPD

GENERAL CONDITIONS APPLICABLE TO THE SERVICES OF REGISTRY, TRANSFERENCE AND/OR RENOVATION OF DOMINION NAMES


CmarTone Europe, S.L (in future CmarTone) with CIF B95004248 previously supplies their services - among others - through https://www.cmartone.com or to 2002, through http://www.webstudio.es

In future reference to the person will be made who contract anyone of the services of CmarTone as “the client�.

The hiring of any served by indicated CmarTone next estimates the acceptance of the present conditions:

Registry of domain names
Renovation of domain names
Transference of domain names
Certificates SSL

1. CONTENT


The services contracted with CmarTone must be used exclusively with allowed aims. It is strictly prohibited the use of anyone of the services contracted with CmarTone that breaks any local Law, autonomic, national or international. It is absolutely prohibited the use of the contracted services stops: · To restrict or to prevent the use of Internet to any other user. · To disclose or to transmit illegal, abusive, slanderous, obscene, racist, offensive, pornographic information or any other type of susceptible information of objection, or through advertising photographies, texts, banners or external page connections, as well as to publish, to transmit, to reproduce, to distribute or to operate any information or software that contains virus or any other harmful component, software or another hacked into material, to infringe rights of intellectual property, to publish or to facilitate material or access to resources on hacking, cracking, or any other information that CmarTone considers susceptible, still potentially, to jeopardize the security and/or integrity of any system. To violate any Local, autonomic, national or international legislation entails the suspension of the services and the communication immediate to the competent authorities.

2. RESPONSIBILITIES AND GUARANTEES

2,1 CmarTone acts as intermediary before the Recorder (To register) and the client (and/or to title). In both CmarTonerealizará cases the opportune managements according to the case, to register, to transfer and to renew or to maintain, as well as to realise the payments corresponding to the registry, transfer and maintenance of the name of domain that get ready and by which subject CmarTonequeda by this contract.

2,2 CmarTone does not take responsibility of which the name of chosen domain, still being available when to celebrate the present contract, indeed is registered. CmarTone will not take responsibility either of which the renovation or maintenance of a domain name even though they have been realised, on the part of CmarTone all the managements opportune and established by the competent Cash registers indeed is realised. CmarTone will only respond in those cases in which the registry, the taken renovation or maintenance to effect is not consequence of a negligent action of CmarTone and sufficiently tried. Indeed, among others, the name of domain chosen by the client is susceptible of not being registered and/or being renewed or by technical reasons (failures in the equipment servers, incidences in Internet), or because this name of domain either was registered at the time of coming to the registry, or by any action of the competent Recorder or by the breach on the part of the client and/or of the holder of some essential requirement demanded by CmarTone or the competent Recorder of the name of corresponding domain. Therefore, the client and/or holder of the domain name specifically resign to demand any responsibility, contractual or extra-contractual, damages to CmarTone, corresponding the competent recorder and the Recorder not to obtain the registry or the renovation of the name of affected domain, notwithstanding the exercise of the legal actions that him could correspond before the competent organism or the arranged thing in the effective legislation. If the “REGISTRY� of the asked for name or the “RENOVATION� would not take place by a negligent action of CmarTone, this one will realise the opportune managements to register another name of domain that is asked for by the affected holder or at the request of the client the amount of money will be given back to him that it had advanced for the obtaining of this service, all this notwithstanding the legal actions that could correspond to him.

2.3 Neither CmarTone, nor the competent Recorder will be, in no case, people in charge by the infringement of rights of intellectual or industrial property, or any other rights or I interest legitimate that they can be derived from the registry of a name of domain asked for by the client.

2,4 CmarTone is not responsible what he is to him exclusively imputable to the client and/or holder, nor what he is imputable to the action of the competent Recorder, as well as of the errors that are from the registry process.

2.5 Neither CmarTone, nor the corresponding Recorder will be responsible for the direct or indirect damages that can be caused to fail to fulfill the client and/or to title the regulating norm of the domain names.

2,6 CmarTone and the corresponding Recorder reserve the right to suspend or to cancel the name of domain of the client and/or holder in case it uses that name of domain to send commercial publicity not asked for in contradiction with any applicable norm or permissible policy of customary use of Internet, or if the holder uses the name of domain related to illegal activities. Therefore, the holder will not be able to use the domain to send not asked for commercial publicity in contradiction with any applicable norm.

2,7 CmarTone and the corresponding Recorder reserve the right to block, to deny, to cancel or to transfer any name of domain whenever in his opinion, it is necessary stops: to fulfill with the applicable legislation, the legal requirements and in the fulfillment of any procedure of resolution of controversies, by breach of the terms and conditions of this contract, to avoid any civil or criminal responsibility of CmarTone, the Recorder and his respective directors, officials, employees, agents, affiliates and shareholders, to correct errors committed by CmarTone or the Recorder, in relation to the name of domain, to protect the integrity and the stability of CmarTone and the Recorder.

2,8 CmarTone is exonerated of all responsibility by the consequences that the lack of operativity of the direction e-mail of contact of the client or not communicating the change of direction can produce, as well as by the disinformation that allege the client due to their own negligence at the time of maintaining assets this data. CmarTone will not assume responsibility some by the actions that the users created and authorized by the client could realise. In the same way, CmarTone will not be responsible for the orders that had been executed taking care of the requests that these users could realise.

2,9 CmarTone in particular does not guarantee the utility of the election of the name of domain for the accomplishment of any activity.

2,10 CmarTone offers contracts of their products, the procedure of hiring and the information published in their webpage, exclusively, in Castilian language.

2,11 CmarTone stores in electronic format, a copy of the e-mail that receives the client, in whom the customized contract of the product is enclosed to him, when finalizing the hiring.

2.12 In addition CmarTone assumes whichever obligations are derived from the other clauses of this contract and that have not been contemplated in the present clause.

3. RESPONSABLIDADES AND OBLIGATIONS OF THE CLIENT

3.1 the client must fulfill all the terms and conditions of this contract in the exercise of his professional activity, in addition she will have to act loyally and of good faith. Especially it must fulfill the obligation to inform into all the obligations that correspond to the holder of the domain name and to successfully obtain the consent of this one, when therefore it is asked for by the competent organizations, for those cases in that the person or organization does not agree with who appears as client.

3.2 the client must satisfy the detailed remuneration for the service. In any case the client, is responsible for the payment of the invoices even though a third party takes part its name, reason why the responsibility when facilitating the data of authentication to a third party is only and exclusively of the client.

3.3 By virtue of the registry of the domain name, the person who appears as to title of the same (she is or not the client) she only acquires the right to use this name of domain with the object of address in the system of domain name names during the period determined by the Competent Recorder and assumes all the obligations that come off throughout this contract as well as the indications the established norms so much by the competent recorder. The client assumes the total responsibility and the risk with exclusive character of which the request is in agreement with the policy of names of the competent Recorder at every moment and for each case.

3.4 the client and/or holder are the only person in charge of the election of the domain name. With previous character to the hiring of this service, the client commits himself to verify that the name of chosen domain is not registered previously. This verification will be able to take place by means of the consultation through the beginning Web deCmarTone. However, due to the merely informative character of the search, if as a result of the same, the indication were obtained of which the domain name is available, the client it will not have to interpret it of restrictive form since the data base could not be updated or the domain name could be registered by a third party, in the time interval that passes between the request of registry of the name of domain of the client and the confirmation of this registry.

3.5 the client and/or holder of the domain name will have to fulfill, at any moment, with the requirements demanded by the competent Recorder By virtue of the previous thing, the holder of domain name and the client subsidiarily assumes exclusively the consequences that are derived from the breach of the requisite mentioned ones, when this breach is to him imputable. Consequently the client must inform to the holder in case of not agreeing in the same person or organization.

3.6 the client and/or holder of the domain name accept that the competent Registry does not have any responsibility, of any class that is, by the losses or responsibilities that the result of awarding of name of domain during the Sunrise Period and Land Period would suppose, including: (a) the incapacity or incapacity of a person to present the request of preregistry, and (b) the results of any conflict on the Sunrise Period and Land Period.

3.7 the holder, and the client subsidiarily, are the only person in charge of the use of the registered domain, exempting to CmarTone of any type of responsibility derived from the use. The holder of the domain name will not be able to exonerate of the responsibility by his use, alleging that he did it by order or powers of a third party.

3.8 the client and/or holder guarantee to CmarTone that the name of chosen domain is registered with illicit intentions neither injures to the rights of intellectual and industrial property or other rights and I interest legitimate of third parties. In addition, in the case of the names of .biz domain, the client and/or holder declare that: The domain name will be used of good faith, with commercial or enterprise purpose and that will not be registered for personal use, or in order to sell it, to rent it or to deal with. It has capacity sufficient to accept this contract. The domain name is reasonably related to the business or the commercial intention of the holder, at the moment in which the registry is realised. For the domain names .tel, the client recognizes and accepts that its purpose is to have a space predefined Web in which the holder of the domain can publish his data of contact, especially directed to the computer science applications of communication. Not being been worth this space for the standard lodging of webpages. Consequently, .tel will not be possible to associate any Plan of hosting to the domain names. The access to the Control Panel of the space Web in that the associated data of contact to the domain name .tel are published, will be realised by means of an automatically generated user and a password by Telnic that CmarTone, once registered the domain name .tel, will send to the e-mail of contact of the holder of the domain, that will have to modify them after its first access.

3.9 Before any controversy arisen on the use rights of the name of chosen domain, the holder and/or the client, where appropriate, accept to solve them through the instances and procedures settled down by the competent Recorder according to the case, as he takes shelter in clause 8 of this contract.

3.10 the client and/or the holder declare and guarantee that all the information, including the data provided for the name of domain and published in the WHOIS, provided to CmarTone is complete and correct. Also, .mx will have to communicate immediately to CmarTone any modification of this information In relation to the domain names, the client and/or the holder accepts that neither the registry of a domain name, nor its publication in the WHOIS, must be understood as test of property on this name of domain.

3.11 the client commits himself to maintain operative, activates and updated the direction e-mail provided in the form of hiring for the communications with CmarTone, since the agile and fluid management in the benefit of the service asked for as a result of the contractual relation constitutes preferred mass media of CmarTonepara that through this contract unites to us. If it wants to change to the direction e-mail facilitated in the hiring form as contact direction will have to do it through area of client, with the own measures of authentication of this request, so that at no moment the communication between both contracting parts is interrupted. CmarTone is exonerated of all responsibility by the consequences that the lack of operativity of the direction e-mail of the client or the lack of communication that the updated change of direction cannot produce, as well as by the disinformation that the client due to his own negligence at the time of maintaining assets alleges this data. It will be responsibility of the client, transferring these obligations of update of the direction of contact e-mail, to the users authorized to accede and to execute action from the client area, as well as, to respond before any consequence that could be derived from its breach.

3.12 the client is the only person in charge of the use and conservation of login and password of the Control Panel for the access via Web and of the area of client since they are the necessary identifiers for the access via Web to the Control Panel of the plan of contracted lodging and to the area of client and who allow to resist to CmarTone the authentication of the access and to facilitate the permission to the activities that are asked for from these tools. The use of these identifiers and the communication, even to third people, takes place under the only responsibility of the client. In the same way, the client will take responsibility of the actions and requests that the users authorized, to whom it had authorized the necessary leave, could realise through client area.

3.13 the client and/or the holder have the total responsibility of the content of his Web, of the information transmitted and stored of his operations, of the connections of hypertext, the vindications of third parties and the legal actions that can trigger in all the reference to intellectual property, rights of the personality and protection of minors. The client and/or the holder are responsible with respect to the laws and regulations in force and the rules that they have to do with the operation of the service on line, electronic commerce, rights of author, public maintenance of order, as well as universal principles of use of Internet.

3,14 Conditions of use of the domain name: The use of the names of domain in opposition to the good faith and, in particular, of nonexhaustive form is prohibited: The use that is opposite to the Spanish laws or that infringes the rights of third parties. The publication or the transmission of any content that is violent, obscene, abusive, illegal, slanderous xenophobe or. Cracks, serial numbers of programs or any other content that harm rights of the intellectual property of third parties. The collection and/or use of personal data of other users without its express consent or contravening the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data. The use of the name of domain, its server of mail and/or its email addresses with aims of Spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusion of virus (Trojans, worms, etc.), or any other type of activity realised with sabotaging, fraudulent or criminal spirit.

3.15 the client will compensate to CmarTone by the expenses that this one had to impute to him in some cause whose responsibility was attributable to the client and/or holder, including honoraria and expenses of the CmarTone lawyers, even in the case of nondefinitive judicial decision, notwithstanding the arranged thing in the applicable legislation

3.16 IN the CASE OF NOT AGREEING the PEOPLE OF the CLIENT AND the HOLDER IF CmarTone RECEIVES a REQUEST OF the CLIENT AND ANOTHER DIFFERENT one FROM the HOLDER (properly credited) ON THE SAME NAME OF DOMINION, HE IS OF the NATURE THAT IS the REQUEST, IN CASE EVEN ONLY RECEIVES REQUEST OF the HOLDER, the CLIENT HE ALLOWS AND HE ACCEPTS THAT CmarTone TAKES CARE OF the REQUEST OF the HOLDER SINCE WHOM IT HAS the RIGHT OF USE AND the OBLIGATIONS REFERRED TO the USE WITH RESPECT TO the COMPETENT ORGANIZATIONS IN THIS MATTER IS the HOLDER.

3.17 the holder and/or the client, where appropriate, authorize and allow that CmarTone, the Recorder and the corresponding Registry, annually, are put in touch with the holder so that this one verifies that all the existing data in the public data base WHOIS are correct. In addition the holder commits himself to that in case the existing information in this data base is not truthful, will come, to the greater brevity, the update of the same, since to provide deliberately incorrect information he constitutes a material infraction of the contract and will be the base of the cancellation of his name of domain. The holder and/or client commit themselves to respond in a maximum term of 15 days natural, to any requirement of CmarTone, of the Recorder and the corresponding Registry, regarding the update of the data provided for the registry of the domain name. In case of breach, CmarTone can cancel or deactivate the domain name.

3.18 the client, with the acceptance of the present contract, specifically allows the shipment of the invoices regarding the service contracted through telematics means, as she indicates the effective norm in this matter.

3.19 the client allows that the telephone conversations that maintain with CmarTone can be recorded with the intention of improving the quality of our services and the security in the benefit of the same.

3.20 For the domain names .mobi, the client and/or the holder know and accept that it must fulfill the requirements, norms, policy, procedures and practices picked up in GuĂ­a of style of the domain names .mobi (pc.mtld.mobi/mobilenet/dotmobi_guides.html) and allow the supervision of its webpage to verify the fulfillment of the same, in the form described in this GuĂ­a. In addition, the client and/or holder know and accept that this GuĂ­a is susceptible to be modified by the Registry and is committed to fulfill any change, in the time assigned for it. At the time of the expiration or cancellation of a name of Premium domain .mobi, all the rights that the client and/or holder show on the same, on his auth-code and the webpage that had associate, will occur by finalized, revertiendo shelp rights to the Registry corresponding, who will be able to grant them to any person, to their single discretion. The client and/or holder will not be able to demand against the Registry and/or the Recorder by the use that of the mentioned rights previously, can realise a third party.

3.21 In addition the client and, where appropriate, the holder assumes whichever obligations derive himself from the other clauses of this contract and that have not been contemplated in the present clause.

4. RESOLUTION OF CONFLICTS OF DOMINION NAMES

4.1 the client and/or holder commit themselves to accept any possible requirement of arbitration by the registry of a domain name and to be put under the regulating Norm of resolution of conflicts of domain names approved by the ICANN, even in the resolution of conflicts that could arise during the denominated periods Sunrise Period and Land Period, denominated in these last cases “Sunrise Dispute Resolution Polity�. This regulating norm of the resolution of conflicts of domain names (DOMAIN NAME DISPUTES RESOLUTION POLICY) ties to this general contract of domain names and sets out the terms and the conditions with respect to a conflict between the holder and another part, different from CmarTone on the registry and use of a name of domain name registered by the client and/or holder. For the territorial names of domain it is necessary to consider that in addition to following the norms of the ICANN, as it is mentioned in the previous paragraph, in each case will be due to follow the norms of the corresponding Recorder according to the country.

4.2 Neither CmarTone, nor the Recorder, nor the corresponding Registry will take responsibility of the damages that can be caused if a domain name were immersed in a process of resolution of conflicts, as much concerning technical operation as administrative, nor of the result of the same.

4,3 CmarTone will not act as arbitrator for resolutions of disputes between the applicant and third people by the use of the domain name.

4.4 the client and/or holder for the resolution of conflicts of domain names, according to the arranged thing in his regulating norm, will be put under, notwithstanding any other jurisdiction that him can be applicable, to the jurisdiction of the courts of the address of the holder (according to the data of the WHOIS) or to the one of the address of the main office of the recorder.

5. PERSONAL AND IDENTIFYING DATA

The client declares to be the legal person responsible for the use of the contracted service. The client commits himself to provide to CmarTone his complete name, mailing dress, email address and phone number of contact and amantenernos informed into any produced change on the matter.

Within the frame of the benefit of services that CmarTone offers to their clients, CmarTone contract services to Servirack Technologies SL with that it has signed a contract of confidentiality and cession of the necessary data for the benefit of the service.

On the other hand CmarTone is committed not to distribute, to sell or to facilitate to third people the information available on their clients, except for previous express authorization on the part of the client.

6. SECURITY

The Client commits himself to make a diligent use of the Keys of Access and to maintain his Keys of Access privily.

The Client commits himself to communicate to CmarTone the loss or robbery of the Keys of Access in the smaller term of possible time, in order that CmarTone deactivates these Keys of Access. In any case, the Client will respond of the expenses corresponding to the use of the Services by any third party that uses the Keys of Access of the Client until the moment at which, where appropriate, the Client has asked for to CmarTone the decontamination of the Keys of Access. For exception to previous, the Client he will not be responsible for the caused expenses to CmarTone derived from the use of the Services by a third party that uses Keys of Access of the Client when this use is due to an administrative error or of CmarTone management or to another reason that is imputable exclusively to CmarTone.

7. CANCELLATION, REFUSAL AND DISCONTINUITY IN THE SERVICE

Anyone of the parts - the client or CmarTone - will be able to give by cancelled the present contract of services with a minimum advance of 30 days natural, communicating it in writing to the other part, via email, Fax or letter.

CmarTone will not refund amount some in case of request of immediate loss of the service on the part of the client before the victory of the period during which the service has been contracted.

CmarTone reserves the right to deny or to interrupt the services contracted by the client with or without previous notification if the client incurs any conduct or activity that CmarTone considers that it violates some of the terms, set out norms and conditions, or by causes that CmarTone considers that they suppose a risk for the security and integrity of his systems or systems of third parties, as well as in the cases of non-payment or delay in the payment exposed in point 8, not taking responsibility CmarTone of the consequences that could be.

The client will go to our personnel with the sufficient courtesy and will facilitate information, cooperation and information necessary to allow CmarTone to fulfill his commitments.

8. PROTECTION OF DATA AND PERSONAL DATA PROCESSING ON BEHALF OF THIRD PARTIES

The client commits himself to respect and to fulfill his obligations of which they emanate of the Laws of Protection of Data, according to Statutory law 15/1999 of 13 of December, of Protection of personal Character data, Real Decreto 994/1999 of 11 of June, and to REGULATION (the EU) 2016/679 of the European Parliament and the Council of 27 of April, that is to say, the “General Regulation of Protection of Data or RGPD) and any other dispositions that are applicable at every moment to the present Conditions as well as to served. The Client, as his person in charge of the file, will compensate to CmarTone by any loss, damages, I interest, sanctions or indemnifications that CmarTone is forced to satisfy, it can suffer or that it can incur as a result of a breach on the part of the client of the obligations of spring from the present Clause and/or the breach on the other hand of the effective dispositions at every moment, in the matter of Protection of Data.

The Client authorizes and accepts that CmarTone will be able to introduce their personal data, their name and other details including in the Form of Order, a directory computer science file, whose person in charge and holder is CmarTone, for internal use and in order to facilitate to CmarTone the benefit of the services, unless the client gives concrete instructions in writing on the contrary, understanding that the execution of the mentioned Form implies its consent to take to end this treatment. The natural person who consists in the Form of Order has the possibility of exercising her rights of access, rectification, cancellation and opposition, in relation to her personal data, sending a writing to CmarTone

All information will be understood by personal character data on an identified or identifiable natural person (“the interested one�); identifiable natural person will consider itself all person whose identity can be determined, directly or indirectly, in particular by means of an identifier, as for example a name, a number of identification, data of location, an identifier in line or one or several own elements of physical, physiological, genetic, psychic, economic, cultural or social the identity of this person.
The obtaining, treatment and/or access on the part of CmarTone to personal character data responsibility of the CLIENT within the framework of the present contract frames within article 28 of the General Regulation of Protection of Data, that is to say, data processing of personal character on behalf of a third party not considering itself in no case a data communication, and according to the arranged thing in this article CmarTone he is the one in charge of treatment of the data responsibility of the Client.
Their servers, systems, facilities, etc are in SPAIN, within the European Union (CPD in ZAMUDIO - BISCAY) and realises all the data processings according to the General Regulation of Protection of Data, offering guarantees sufficient to apply appropriate the technical and organizational measures.
The treatment that CmarTone of the data realises responsibility of the Client frames within the services of lodging (in its different modalities, hosting, servers, etc), domains and e-mail, taking place in any case treatments of lodging and transmission in a network of telecommunications of data not realising no other treatment as it can be the collection, structuring, diffusion etc, of the personal character data of the Client.
The Client, as treatment person in charge, stores in the CmarTone machines, in accordance with these services, the information, data and categories of personal data that consider opportune according to their own instructions and is the only person in charge in determining the purposes, the objectives and means of the carried out treatments.
The duration of the designation as in charge of treatment will last the same that the contract that originates it.

CmarTone as in charge of treatment, assumes to have to fulfill the following obligations:

- To use the personal data object of treatment, or those that gathers for its inclusion, only for the purpose object of this order. In no case it will be able to use the data for own aims.

- To deal with the data in agreement with the instructions the Client in accordance with the contract of benefit of tie services. If CmarTone considers that some of the instructions infringes the RGPD or any other disposition in the matter of protection of data of the Union or the Member States, CmarTone will inform immediately to the CLIENT.

- To take, in writing, a registry of all the categories of activities of treatment conducted by the Client in accordance with article 30 of the General Regulation of Protection of Data.

- Not to communicate the data to third people, unless it counts on the express authorization of the Client, in the legally permissible assumptions.

- Not to subcontract none of the benefits that comprise of the object in the present agreement. In order to subcontract with other companies, except for necessary the auxiliary services for the normal operation of the services of CmarTone, it will communicate in writing the Client, identifying of clear and unequivocal form the company subcontractor and its data of contact. Sub-contracting will be able to be carried out if the person in charge does not indicate his opposition within 15 days. The subcontractor, who also has the condition of in charge of the treatment, is also forced to fulfill the obligations settled down in this document for the one in charge of the treatment and the instructions that the person in charge dictates. The new relation corresponds to regular CmarTone, so that the new one in charge is subject to the same conditions (instructions, obligations, safety measures…) and with the same formal requirements that he, with respect to the suitable treatment of the personal data and to the guarantee of the rights of the affected people. In the case of breach on the part of the subone in charge, CmarTone will totally continue being responsible before the person in charge with respect to the fulfillment for the obligations.

- To maintain to have of secret with respect to the personal character data to which it has had access by virtue of the present order, even after its object finalizes.

- To guarantee that the people authorized to treat personal data commit themselves, of form it express and in writing, to respect the confidentiality and to fulfill the corresponding safety measures, into which there is to inform to them properly.

- To guarantee the formation necessary in the matter of protection of personal data of the people authorized to treat personal data.

- In case people affected by the data processing responsibility of the Client exert the rights of access, rectification, suppression and opposition, limitation of the treatment, portability and to be object of decisions individualized before CmarTone this one will not together communicate it to the Client of immediate form, where appropriate, with other information that can be excellent to solve the request.

- Notification of violations of the security of data CmarTone will notify the Client, without illegal delay, and in any case before the maximum term of 36 hours, and through e-mail, the violations of the security of the personal data to its position of which it has knowledge, together with all the excellent information for the documentation and communication of the incidence. The notification will not be necessary when it is improbable that this violation of the security that affects to the personal data responsibility of the Clients and that constitutes a risk stops to the rights and the liberties of the affected ones.

- To support to the Client in the accomplishment of the evaluations of impact regarding the protection of data, when it comes.

- To put at the disposal of the Client all the information necessary to demonstrate the fulfillment of its obligations, as well as to support in the accomplishment of audits when it comes.

- To give back to the person in charge the personal character data once fulfilled the benefit. The return must tolerate the total erasure of the existing data in the CmarTone equipment. However, CmarTone can conserve a copy, with the data properly blocked, while responsibilities can be derived from the execution of the benefit.

The safety measures implanted by CmarTone in their facilities/services are the established ones according to the evaluation of impact in the matter of protection of data realised and in any case it has implanted mechanisms stops: To guarantee the confidentiality, integrity, permanent availability and resilience of the systems and services of treatment. To recover the availability and the access to the personal data of fast form, in case of physical or technical incident. To verify, to evaluate and to value, regularly, the effectiveness of the technical and organizational measures implanted to guarantee the security of the treatment. Seudonimizar and to base the personal data, if so. In the case of the machines and servers responsibility of the client, CmarTone, as in charge of treatment has established the safety measures that are determined in the card of the services as well as in contracts of level on watch (ex, backup copies, coding of data, etc.). If the Client, according to the typology of treated data, its own evaluations of impact, conducted analysis of risk, etc. considers the necessity of the implantation of safety measures different superiors or, she must put it in CmarTone knowledge in order to value, advise, budget and put into operation these safety measures. CmarTone has designated a delegate of protection of data being able to put in touch through [email protected] email or in phone number 94 23 25 18

Obligations of the Client as person in charge of the treatment.

It corresponds to the person in charge of the treatment:

- The total responsibility of the election of the service (lodging, e-mail, etc.) and its modality, according to its evaluations of impact in the matter of protection of data and/or realised analyses of risks.

- The total responsibility in determining the purposes, the objectives and means of the conducted treatments.

- To give to the one in charge the data necessary to serve.

- To realise the previous consultations that correspond.

- To guard by the fulfillment of the effective norm in the matter of personal data on the part of the one in charge.

- To supervise the treatment, including the accomplishment of inspection and audits.

9. MODIFICATIONS

CmarTone reserves the right to introduce modifications in the characteristics and prices of the supplied services. All notification that affects to the technical characteristics and/or prices of the supplied services will take place through our webpage directly.

10. CHARTER

The parts (on the one hand the client and, on the other, CmarTone Europe, LIMITED LIABILITY COMPANY) are put under, with whole resignation to any other charter that could correspond to them, to the courts and courts of Durango (Biscay), Spain.