Date: 3-July-2019

INFOE SERVICES CONTRACT

 

THIS DOCUMENT IS A TRANSLATION OF THE ORIGINAL CONTRACT IN SPANISH. WE HAVE MADE OUR BEST EFFORT TO MAKE IT AN ACCURATE TRANSLATION. NEVERTHELESS, THE LEGALLY BINDING DOCUMENT IS IN SPANISH AND YOU MAY ACCESS IT HERE.

 

0. DEFINITIONS

 

Contract:

 

This document and its Annex documents, whenever they might by added by mutual agreement

 

Internet:

A collection of public and private data networks and computers interconnected by data transmission protocols which are independent of the transmission media used to interconnect the computers; and of the devices and procedures used to access the information available in such computers.

 

Infoe Applications:

All web pages in the “infoe.es”, “infofax.es”, “infocaller.es”, “infocaller.com”, “infosms.es” domains and their subdomains and all IOS and Android applications developed by Infoe and officially distributed through the Apple Store and Google Play.

 

E-mail:

An electronic message transmitted through the Internet, which could be subject to alternations of its characteristics, content, origin and destination by external causes unrelated to its sender or receiver. E-mail transmission is not a full proof mean of communication. Infoe’s responsibility in sending an e-mail is limited to attempting to send the message to the designated address. Infoe cannot guarantee email delivery when such delivery cannot be made for causes external to Infoe. Likewise, Infoe has no responsibility over emails sent to Infoe by the Customer when such delivery cannot be made for causes external to Infoe.

 

 

 

1. THIS CONTRACT AND ITS ACCEPTANCE

The clauses hereby contained regulate the Contract established between INFOESTRUCTURA, S.A., a Spanish corporation described in the last clause of the Contract ("Infoe") and you or the company you represent (the "Customer"), described by the identification data you entered in the Infoe Applications the veracity of you which you ratify on acceptance of this Contract. If you accept this Contract as a representative of a company, you declare and accept you have sufficient and valid power of attorney from such company to celebrate this Contract and accept it on behalf of the company. You, in your own name or in the name of the company you represent, (the “Account Administrator”) hereby declare you are over 18 years of age and take responsibility for the people to which you give access to use the contracted Services described in clause 3 (the " Users"). As Account Administrator you will provide the Users with all necessary information and forward to them all relevant communications from Infoe related to the usage of the Services. You must also inform Users that as Account Administrator, you will have access to the Users’ activity using the Services, including but not limited to the content of the communications sent or received by Users through the Services.

 

Signing up to the Services in any Infoe Application makes you a Customer of the Services and in the process of signing up (and specifically when you accept the content of this Contract in any Infoe Application, by clicking or tapping in the Accept button) you as Customer accept fully and without reservation all the clauses and addenda of this Contract as published by Infoe at the moment of its acceptance.

As Customer you accept that the only information you received about this contractual process before entering into  this Contract is the information provided by Infoe Applications and the information mentioned and contained in this document. After this Contract is formalized by your acceptance, Infoe will send Customer an e-mail as confirmation of its acceptance. Infoe will only send this confirmation to Customer and it has no obligation to send any other proof of Contract, regardless of what current or future regulations might mandate. Customer hereby accepts to exclude the application of any legal regulation which might impose new requirements of information before celebration of Contract or further procedures of proof or certified receipt of proof after celebration of Contract. Customer specifically renounces the application of articles 27 and 28 of Spanish Law 34/2002, of 11 of July, called “Servicios de la Sociedad de la Información y de Comercio Electrónico”.

 

 

2. PURPOSE

The purpose of this Contract is to regulate the Services described in clause 3 offered by Infoe to Customer, and the use of such Services by Customer and its Users.

3. DESCRIPTION OF SERVICES

Customer can sign up to one or more of the Services described in this clause using Infoe Applications. Throughout the duration of this Contract, Customer can sign up or cancel Services using Infoe Applications in the terms described hereby and following procedures indicated in Infoe Applications. This Contract will not expire even if at any time Customer does not have any active Services, unless Customer or Infoe specifically request Contract termination.

 

3.1 Telephony Services, Infocaller.

Infoe offers services for the reception, emission, routing and automated response of phone calls under its registered trademark “Infocaller”.

To use this Telephony Service, Customer can sign up for one or more Infocaller Lines for receiving and making phone calls, in any of its commercial types and prices described in the Infoe Applications, and according to clause 4 of this Contract. Infoe can assign each Infocaller line one or more telephone numbers for exclusive use by the Customer, in accordance with conditions described in clause 10 below. Each phone number is called “Infocaller number”.

Infocaller Line features are described in
https://infocaller.com and in the Infocaller mobile applications in the Google Play and Apple Itunes stores.

Infocaller Line prices are based, among other parameters, in the Usage of the Infocaller Line. This Usage corresponds to the time during which an Infocaller Line is receiving, processing and connecting a phone call. If simultaneous calls are received in an Infocaller Line, Usage will be the sum of the duration of each simultaneous call. Usage of an Infocaller Line is measured from the instant an incoming call is accepted by Infoe systems from the public telephone network or from another Infocaller Line, until its completion and connection termination. If an incoming call is routed and connected to an external phone number or to another Infocaller Line, connection time is also considered Usage of the Infocaller Line.

When an Infocaller Line makes or routes a call to an outside telephone number, to a VoIP destination or to another Infocaller Line, the call time is accounted for as “Outbound” time. Outbound call rates to available destinations are published in the Infoe Applications and according to clause 4 of this Contract.

 

3.2. Mobile text messaging services (SMS)

Infoe offers services for sending and receiving text messages to mobile phones (SMS) under its trademark “infosms”.

3.2.1 Sending SMS text messages to mobile phones

Infoe SMS services can be used to send text messages: 1) using an e-mail interface, 2) using Infoe Applications or 3) Using our API, in accordance with the instructions supplied in said Infoe Applications. Once a request to send a text message is received in Infoe systems by any of the above means, it will be processed automatically for routing to the destination phone number indicated in the request. Infoe does not verify the destination phone number, so all requests are routed to the public telephone network and, regardless of the success or failure of delivery to destination, are invoiced to Customer at the corresponding rate indicated in Infoe Applications (and as regulated by Clause 4 of this Contract).

3.2.2 Receiving SMS text messages from the mobile network

Our SMS reception service offers Customer the possibility to receive SMS text messages via e-mail or in an Infoe Application. Messages can be received by signing up to get an Infoe cellular phone number (according to conditions in clause 10) for exclusive use by Customer. SMS text messages received in this number are processed and sent to the e-mail address Customer has configured for the service. The phone number and each text message received will be billed at the prices specified in Infoe Applications and according to conditions of Clause 4.

The e-mail sent to Customer for each text message received will include: the content of the message, date and time of reception, cellular number which sent the message (if available) and cellular number which received the message.

Customer can also receive text messages without signing up for an exclusive cellular phone number but only if such messages are received as a response to a message sent through Infoe SMS sending service. Messages received will be billed at the prices specified in Infoe Applications and according to conditions of Clause 4.

 

3.3 Fax Services

Infoe offers services for sending and receiving faxes under the “infofax” registered trademark.

3.3.1 Fax sending service

The fax sending Service offers customer the possibility of signup up to one or more fax services as described in the Infoe Applications with the features and pricing described therein and the conditions in Clause 4 of this Contract. Through these services, faxes can be sent: 1) from an appropriately formatted e-mail ó 2) from our web page https://infocaller.com/console, as long as Customer follows instructions given in Infoe Applications for this purpose.

Once a request for sending a fax is received in Infoe systems through any of the above methods, it will be treated by automatic processes to convert the contents to fax compatible format in fine resolution, and an attempt will be started to send the fax to the phone number indicated in the request, if such number is valid for sending through the Service. The cost of fax delivery or attempted delivery will be billed to Customer at the prices specified in Infoe Applications and according to conditions of Clause 4. Fax sending rates are based on fax transmission duration and are independent of Sent Pages (which means a full page, size A4, sent by fax). Fax transmission duration depends on fax content and the fax transmission speed which can be negotiated with the destination fax, factors which are not under Infoe control. Fax transmission attempts will be billed if a telephone connection has been established with the destination phone number, even if fax transmission cannot be achieved.

Infoe does not guarantee that conversion of the document submitted by Customer to fax format will be correct or identical to original nor that the fax sent will be identical to the document the Customer submitted to Infoe for sending.

If Customer has so configured the Service, Infoe will send Customer an email indicating the success or failure of the fax transmission. Result will also be logged at
https://infocaller.com/console where Customer can log in to account and review the fax Activity.

3.3.2. Fax reception service

The fax reception Service offers Customer the possibility to sign up for one or more fax reception services, as described in the Infoe Applications with the features and pricing described therein and the conditions in Clause 4 of this Contract. Each fax reception service is assigned an Infoe telephone number for exclusive use by Customer under conditions indicated in clause 10. Each fax correctly received in the telephone number assigned is processed and logged automatically and is then sent to the email address configured by Customer for the corresponding fax Service. Fax reception rates are based on the number of Received Pages (which means a full page, size A4 received by fax) billed to Customer at the prices specified in Infoe Applications and according to conditions of Clause 4.

The e-mail sent to Customer for each fax received will include: date and time of reception, phone number which received the fax and the number of pages received.

The e-mail sent to Customer for each fax received will include an attached file with the fax received. The file will be submitted in Acrobat "PDF" format. This format is property of Adobe Systems Inc. (
https://www.adobe.com/). If this were not possible, it will be delivered in TIFF graphic format. To view or print the PDF file, Customer must have at its own expense and responsibility the appropriate applications. Infoe will inform Customer, without any responsibility or warranty of effectiveness, the Internet sites where such applications can be found.

If the Service features to which the Customer signed up allows for it, Customer can suppress the fax reception email message with the attached PDF file and will be able to view the fax at
https://infocaller.com/console in the “Activity” section.

If fax reception errors occur and no fax pages are received, Customer will not receive any notification of such failed reception activity and it will not be logged in the account activity.

 

3.4 Customer Service

Infoe offers a Customer Support Service through Infoe Applications or through the email address indicated for such purpose in Infoe Applications or in emails sent to Customer by Infoe. Infoe will respond to technical, commercial and billing questions related to the Services on business weekdays (Madrid, Spain), Monday through Friday from 9:00 a 17:30 Hrs. (Central European Time) and will make its best effort to respond to such queries within 2 business days. Customer will be informed via Infoe Applications if other locations or schedules will be available for Customer Service.

4. SERVICE CONFIGURATIONS, PRICING AND RATES

Services are offered to the public in different configurations with multiple combinations of features, limitations, subscription prices and usage rates which are specific to each configuration. The configurations and prices available for each Service are described in Infoe Applications and are binding to Infoe and to Customer as described in ths Contract.

Infoe reserves the right to change subscription prices and rates published in Infoe Applications, to add and remove charges, or change configurations, features, limitations or any other Service characteristic, by informing Customer through an email to Account Administrator according to the following conditions:

 

-       Any change related to Service features or characteristics and any increase to monthly prices of the Services must be notified to Account Administrator with at least a 30 days advance notice.

-       All Infocaller usage and outbound call rates, fax and sms sending and receiving rates are available to customer at all times in Infoe Applications. They can be modified at any time by InfoeAccount Administrator can subscribe to receive an email with any increases in prices of Infocaller usage and outbound call rates, fax and sms sending and receiving rates, with a 7 days advance notice of such increases. Independently of this voluntary subscription for increase of all prices, Infoe will inform Account Administrator with a 7 days advance notice of any increase in usage or outbound call rates of origins or destinations which are configured in its active Infocaller Lines at the moment the notice is issued.

 

5. INTRODUCTORY OFFERS AND FREE TRIALS

Infoe can offer Customer from time to time, at its own will and with no obligation to offer it, a one-time free trial or introductory offer (“Introductory Offer”) by which Customer can user a Service or Services with special conditions. Infoe reserves the right to determine who can access an Introductory Offer, the cities or territories where it is offered and the mechanisms with which to verify that a Customer cannot access an Introductory Offer more than once. These are the general conditions of Introductory Offers:

5.1 If an Introductory Offer is presented to Customer, its details will appear in Infoe Applications. Each Introductory Offer will be identified as “Special Offer” o “Trial” and will give access to the Services in the conditions, prices and with the limitations indicated in Infoe Applications during an initial period (the “Initial Period”). When Initial Period expires, Customer will be bound by the conditions indicated in the Introductory Offer, which could be the automatic expiration of the right to use the Services (if Customer has not specifically requested to continue) or the automatic continuation of the right to use the Services under the new conditions indicated in the Introductory Offer (if Customer has not specifically requested not to continue).

5.2 If the Introductory Offer were announced in Infoe Applications as free, it will include limitations of use of the Services during the Initial Period. If during the Initial Period Customer uses up all the usage allowance specified in the Introductory Offer, Customer will not be able to continue using the Services unless he/she signs up for the  Services provides identification information and pays for the indicated subscription or usage rates. Once sign up is approved, Services usage will be billed at the prices advertised in Infoe Applications.

5.3 If an Introductory Offer were announced in Infoe Applications with reduced prices for Services or with functionality or conditions of use different from the regularly advertised, such functionality or conditions of use will only be valid during the Initial Period and Infoe will have no obligation to continue offering them after Initial Period expiration.

5.4 In order to continue using the Services after Initial Period expiration, there can be one of two options advertised in the Introductory Offer: a) That Customer must actively accept in Infoe Applications to continue using the Services at the prices and conditions advertised in Infoe Applications or b) That if Customer has not actively requested the cancellation of the Services in the Introductory Offer, Services usage will continue after Initial Period and Client will be bound to continue using Services at the prices and conditions advertised in Infoe Applications. In both cases Infoe will inform Customer of the expiration of the Initial Period. In the first option, it is the Customer’s sole responsibility to request continuation of the Services in Infoe Applications and Infoe will bear no responsibility if Customer does not make a specific request before expiration of Initial Period. In the second option, it is the sole responsibility of the Customer to request in Infoe Applications the rejection to continue using the Services in the Introductory offer, and thus their cancellation. Infoe will bear no responsibility if Customer does not
explicitly reject the continuation of the Services. Customer will be bound to the conditions of this Contract for any Services which continue active after expiration of the Initial Period.
           
5.5 During the Initial Period, Customer will be entitled to receive Customer Service as described in clause 3.4.

5.6 A Customer who has signed up for an Introductory Offer, will not be allowed to sign up for another one, even if Services have not been used during the Initial Period.

 

 

6. TAXES

All prices and rates referenced in this Contract and in Infoe Applications, where it is not specifically stated, do not include any taxes. Appropriated taxes will be added at billing time, in accordance to the law and regulations which apply at billing time, considering among other elements, the place of residence of Customer.

7. CUSTOMER OBLIGATIONS

7.1 Customer must have, at its own expense, the necessary means to send and receive e-mail and must have e-mail accounts necessary to use the Services. Likewise, Customer must have all the necessary means to access the Internet and its e-mail service and pay for all the costs this might entail.

7.2 Customer
is responsible for the truthfulness of the information it provides Infoe about itself, its representatives and users, in order to operate the Services and in order to be billed by Infoe. Customer is also responsible for keeping this information updated, which can be done using Infoe Applications.

7.3 Customer
is responsible for protecting the passwords used to access its account and Services through Infoe Applications or other means required by the Services. If Customer becomes aware that Services are being used by unauthorized users, it must immediately change passwords in Infoe Applications. In any case, Infoe bears no responsibility for any unauthorized use of the Customer’s Services if such passwords are used with or without Customer’s authorization and Customer will be responsible for paying any expense such use might produce.

7.4 Customer
commits to using the Services in accordance with the Law and generally accepted principles of morality and public order, as well as to abstain from any use of the Services for illegal purposes, purposes prohibited by this Contract, those which could damage rights, trademarks or interests of third parties, or which in any other way could cause harm, inhibit, overload or deteriorate the Services or in any way disallow the normal utilization of Services by other Infoe customers.

7.5 Customer
commits to not using the Services for any communication prohibited or limited by current legislation. In particular, Customer commits to not using the Services for massive unsolicited advertising or for inviting or advertising for any activity which is illegal or unauthorized.

7.6 Customer
commits to release of responsibility and indemnify Infoe, its owners or subsidiaries, for any expense caused by lawsuits or demands brought upon any third party in relation to the use of the Services by or for the Customer.

7.7 In Services which allow the recording of telephone calls, Customer commits, when required by law, to warn the parties that the calls are being recorded. Customer commits to release of responsibility and indemnify Infoe, its owners or subsidiaries, for any expense caused by lawsuits or demands brought upon any third party in relation to the recording of calls by the Customer using the Services.

7.8 Customer
cannot use Telephony Services to make or receive calls which terminate or originate in premium rate telephone numbers or massive call services. Customer commits to release of responsibility and indemnify Infoe, its owners or subsidiaries, for any expense caused by lawsuits or demands brought upon any third party in relation to the use of the Services by or for the Customer to make or receive calls which terminate or originate in premium rate telephone numbers or massive call services.

8. INFOE OBLIGATIONS

8.1 In relation to the Services.

With the exception of Customer Support described in clause 3.4, Infoe is committed to providing Services 24 hours a day, every day of the year. Nevertheless, Services will be interrupted when it becomes necessary or convenient to perform maintenance procedures to the technical infrastructure used to provide the Services or when unexpected malfunctions occur. Infoe will inform Customer, as soon as each situation allows, of any maintenance or repair operations and of the possible interruption of the Services. In this respect, Infoe informs Customer that Infoe subcontracts to third parties various operational resources in order to provide the Services, including telephone numbers, and that such third parties can also interrupt services for maintenance and repairs. When technically possible, Infoe will inform Customer of such interruptions. In all cases, Customer commits to release of responsibility and indemnify Infoe, its owners or subsidiaries, for any expense caused by lawsuits or demands brought upon any third party in relation to Service interruptions caused by maintenance or unexpected malfunctions of its own platform or third parties’ subcontractors used for proving Services.

8.2 In Relation to Customer Support.

Infoe
commits to provide Customer with the services described in clause 3.4.

 

9. CHANGES

9.1 Of this Contract

Infoe can change this Contract conditions with a 30 days advance notice of such conditions via e-mail to the Account Administrator. Continued use of the Services
by Customer after the date the new conditions become effective will be considered an acceptance by Customer of the new Contract conditions.

9.2. Of Services characteristics

Infoe can change Services features, function, prices or completely discontinue providing them with a 30 days advance notice via e-mail of such changes or cancellation to the Account Administrator. Customer accepts Infoe will not be held responsible for any future changes it makes in the Services or stopping to offer them.

10. TELEPHONE NUMBERS

10.1 For the Services which require them, Infoe will obtain from telephone networks in which it freely decides to operate, telephone numbers which it will then sub-assign to the Customer.

 

10.2 Infoe is not obligated to have telephone numbers from any specific cities, states or countries at all times, even if it has offered such numbers at any previous time.  

10.3 Infoe will assign a telephone number from among those which Infoe has available, to each Service that requires it and for which the Customer signs up. Customer accepts that the telephone number assigned to the Service might have been used in the past by third parties, even before the numbers were obtained by Infoe, and releases Infoe from any responsibility related to previous uses of the telephone number, including reception of unsolicited faxes, sms messages or phone calls. In such cases, Customer can ask Infoe to change the phone number, if Infoe has one available, releasing Infoe of any direct or indirect responsibilities or consequences derived from the number change or the unavailability of another number.

10.4 If Customer so choses and the service is available, it can request Infoe to request the Customers’ telephone operator to port a Customer’s phone number to Infoe in order to use it in one of the Services that Customer has or will sign up for. Phone number portability, if available, will be executed according to the laws of the country of the phone number after Customer authorizes his telephone operator to transfer the number to Infoe and to the telephone network Infoe will freely determine. Phone number portability can be subject to restrictions which are not under Infoe‘s control and therefore Infoe cannot guarantee that number portability can be done.

10.5 In those countries where it is required by law, Customer may request another telephone operator to request from Infoe that the number assigned to one of the Customer’s Services be ported to such operator. Before Customer requests another telephone operator to port the number assigned to its Service, it must notify Infoe. Infoe will then inform Customer of the possibility and requirements for portability. After Customer requests another telephone operator to have the phone number ported and Infoe receives the request through the official methods that exist in each country, and Infoe has verified that the request is valid and has been authorized by the Customer, Infoe will authorize the release of the phone number to the requesting telephone operator which has made the request in Customer’s name, according to the rules and regulations of the country of the telephone number. Phone number portability can be subject to restrictions which are not under Infoe‘s control and therefore Infoe cannot guarantee that number portability can be done. Nevertheless, Infoe will make its best effort to execute the porting request. It is forbidden for Customer to sign up to a Service with the sole purpose of obtaining a phone number and porting it to another operator. Infoe can reject porting in such cases.

10.6 Phone number porting can be subject to different costs in each country and Infoe will inform Customer of such costs when Customer informs Infoe
of intention to port. Additionally, Customer must comply with all permanence or other conditions of the Service and be current in all its payments to Infoe before it can request a number port.

10.7 If Customer cancels a Service, or if Customer’s Service has been cancelled by Infoe following these Contract conditions and
Customer has not requested a phone number port before Service cancellation, Customer will lose at the moment of Service cancellation any rights over the phone number the Service had assigned and such phone number will be used as Infoe determines to release it or assign it to other customers. Customer releases Infoe of any responsibility resulting from the phone number use or release after Service cancellation.

10.8 If for any reason Infoe cannot continue offering Service with the phone number previously assigned to Customer, Infoe will notify Customer at least 30 days before the phone number would become unavailable, unless it is not possible to give such advance notice due to reasons external and beyond Infoe’s control. Before the date that phone number will become unavailable, Customer can request another telephone operator to port the phone number according to clauses 10.4 to 10.6 above.

 

11. STORAGE OF FAXES, SMS MESSAGES, VOICE RECORDINGS AND OTHER INFORMATION

11.1 Faxes received in Infoe systems are stored for varying periods of time depending on the commercial plan to which Customer signs up. Period of storage starts at reception time. The purpose of storage is to provide Customer with the possibility to obtain a copy of fax received during the storage period or to view it using Infoe Applications. Once the storage period expires, all the contents of received faxes are permanently deleted. Traffic data (Reception date and time, calling number, duration, number of pages, fax ID, e-mail to which fax was delivered, etc.) is kept at least for enough time to allow for billing, accounting and other processes, or for the time required by law, particularly Spanish Law 25/2007 for the conservation of electronic data communication. After these mandatory periods, Customer can request that Infoe permanently delete traffic data of received faxes.

11.2 Likewise, requests to send faxes via e-mail or using Infoe Applications, as well as attached documents of those requests, are stored for varying periods of time depending on the commercial plan to which Customer signs up. The purpose of storage is to provide Customer with the possibility of sending a copy of faxes to the original destination or to a new one (sending copies will be billed at the same prices as any other fax delivery). After storage time expires, all contents of fax send requests are permanently delete from Infoe systems. Traffic data (date and time, destination number, duration, number of pages, fax ID, etc.) is kept at least for enough time to allow for billing, accounting and other processes, or for the time required by law, particularly Spanish Law 25/2007 for the conservation of electronic data communication. After these mandatory periods, Customer can request that Infoe permanently delete traffic data of sent faxes.

11.3 Sent SMS text messages are not stored by default in Infoe after they are sent. Their content is permanently deleted after delivery. Customer can request that the content of sent messages be kept when making the send request and can also request that these stored messages be deleted at a later time. Traffic data (date and time, destination number, delivery status, etc.) is kept at least for enough time to allow for billing, accounting and other processes, or for the time required by law, particularly Spanish Law 25/2007 for the conservation of electronic data communication. After these mandatory periods, Customer can request that Infoe permanently delete traffic data of sent SMS text messages.

11.4 The content of received SMS text messages is always stored in Infoe systems. Customer can request that message contents be erased after they are received. Traffic data (date and time, sending number, email to which sms was delivered, etc.) is kept at least for enough time to allow for billing, accounting and other processes, or for the time required by law, particularly Spanish Law 25/2007 for the conservation of electronic data communication. After these mandatory periods, Customer can request that Infoe permanently delete traffic data of received SMS text messages.

11.5 Recorded messages and phone calls of telephony services are stored in Infoe systems for varying periods of time, or until a total number of recorded hours is reached, depending on the commercial plan to which Customer signs up. The purpose of storage is to provide Customer with the possibility of accessing or downloading the messages using Infoe Applications or special phone numbers provided to Customer such purpose. Once the storage period or capacity expires, all recorded messages and calls will be permanently deleted from the system. Traffic data (Date and time of call, calling/called number, duration, etc.) is kept at least for enough time to allow for billing, accounting and other processes, or for the time required by law, particularly Spanish Law 25/2007 for the conservation of electronic data communication. After these mandatory periods, Customer can request that Infoe permanently delete call traffic data.

11.6 Infoe offers the possibility to replicate stored faxes, messages and recordings from Customer Services in external storage services. This functionality is commercially called “Online Backup”. These storage services are external to Infoe and they own their trademarks, patents and service functionality. Infoe uses the publicly available information to access these external storage services in order to access the services with the Customer’s credentials and to copy the Customer’s files to the storage services which the Customer must have previously obtained from the corresponding supplier. Infoe is not responsible for the features, services conditions or costs of such services. Customer is solely responsible for the costs of such external storage services and for complying with their rules and regulations. Infoe does not guarantee in any way the functionality, availability or quality nor any other real or supposed features of external storage services that Customer decides to use to replicate files from the Services.
For fax services, the content of received and sent faxes using Infofax Pro can be replicate. For telephony services, call recordings, voice mail recordings and recorded voice data generated in Infocaller Pro services can be replicated. Customer is solely responsible for the contents of such files and release Infoe from any responsibility over its contents, transmission or use, including copyrights or lawfulness. Infoe processes copies automatically and does not know or treat the contents of the files.

11.7 A certified fax document can be issued by Infoe to certify that a fax has been sent using its fax sending Service, Infofax Pro. A certified fax document is issued when Customer has requested its issuance and when there have been no errors in fax transmission. The document certifies that a specific document has been sent by fax to a specific phone number and that transmission has ended at the given fate and time. The document also certifies the number of pages transmitted as well as the remote fax identifier, as reported by the standard fax communication protocol. The content of the fax transmitted is certified and the fact that the remote fax has not reported an error in transmission. Infoe cannot and does not certify that the remote fax has received the exact document that was transmitted. The certified fax document is generated in Acrobat PDF format, digitally signed by Infoe using a valid certification authority and using security parameters to safeguard the integrity of the document and which prevent modification, features required for document to be accepted as valid proof by third parties. Additionally, the certified fax document includes a link to an Infoe website which allows a third party to verify that the certified document is stored under custody by Infoe. The acceptance of the certified fax document as valid proof for legal or business use depends on the requirements of public or private entities to which it is presented and, therefore Infoe does not guarantee that the certified fax document is useful for any specific use.

 

12. OTHER CONDITIONS AND LIMITATIONS OF SERVICES

12.1 Conditions and general limitations

12.1.1 Given the open and shared nature of the Internet, Infoe does not guarantee that e-mails sent by Infoe to Customer for any of the Services will be received by Customer nor that the e-mails sent by Customer and its users to Infoe will reach Infoe for processing. Also, Customer accepts that e-mails and messages sent over the Internet and telephone lines are subject to interception by third parties and therefore, messages, calls and faxes could be seen/heard or modified by third parties. Customer releases Infoe for any possible interception or modification of calls, e-mails or faxes by third parties or the for the publication of such contents.

12.1.2 The unauthorized sending or receiving of massive e-mail, faxes, SMS messages or phone calls is forbidden using the Services. Infoe reserves the right to use technologies to monitor and block the use of the Services and Customer release Infoe
from any responsibility in monitoring or blocking the use of the Services for this reason.

12.1.3 For Services which use or are assigned telephone numbers, for fax, SMS or telephony,  Infoe will not be held responsible for malfunction or unavailability of such phone numbers for reasons external to Infoe or within the network operators which operate those numbers. Also, Infoe does not guarantee that assigned telephone numbers can be reached from all fixed or mobile phones.



12.2 Conditions and limitations of Fax Services

12.2.1 Customer acknowledges and accepts that fax communication is subject to errors which can alter, truncate or alter in other ways the information transmitted and
that, therefore, Infoe does not guarantee the information received or sent through the Services.

12.2.2
The duration of a fax transmission, in which fax Services billing is based, depends on the contents of the fax sent by Customer and on the transmission speed that can be achieved with the destination fax system. Customer accepts that these factores are not under Infoe control and accepts the procedures used by Infoe to log and calculate fax transmission duration.

12.2.3 Infoe can suspend operation of fax Services if payment conditions are breached as described in clause 13, as a preventive measure before cancellation of Services. Suspension of fax Services entails blocking the possibility to send faxes and holding faxes received (faxes are received in Infoe systems but are not delivered to Customer n
ot logged in Infoe Applications). If Customer fulfils payment obligations for the Services before the succeeding monthly billing period, Services will be restored and retained faxes will be delivered to Customer. If Customer does not fulfil payment obligations for the Services before the succeeding monthly billing period, Services will be cancelled and retained faxes will be permanently erased. Customer accepts this policy and releases Infoe from any responsibility deriving from its application.

12.3 Conditions and limitations of mobile text messaging services (SMS)

12.3.1 Infoe is not responsible for the final delivery of SMS text messages to the destination mobile number. The mobile telephone operator of the destination phone number is ultimately responsible for such delivery. Infoe’s responsibility is limited to its best effort to transmit SMS text messages to the mobile network operator or operators which Infoe considers best suited to deliver the messages to the destination phone number’s mobile network operator. Infoe does not guarantee nor does it have the possibility of knowing or certifying the delivery of SMS text messages to the destination mobile phone numbers.

12.3.2 Infoe is not responsible for faults or interruptions in the SMS delivery services nor of the correct operation of the mobile operator of the destination of SMS text messages.

12.3.3 Mobile network operators in the countries to which SMS text messages can be delivered vary over time depending on international interconnexion and roaming agreements. Valid destinations for the SMS text messaging Services valid at each particular moment can be queried in Infoe Applications.

12.3.4 Infoe can suspend operation of SMS text messaging Services if payment conditions are breached as described in clause 13, as a preventive measure before cancellation of Services. Suspension of SMS text messaging Services entails blocking the possibility to send messages and holding messages received (messages are received in Infoe systems but are not delivered to Customer no
t logged in Infoe Applications). If Customer fulfils payment obligations for the Services before the succeeding monthly billing period, Services will be restored and retained messages will be delivered to Customer. If Customer does not fulfil payment obligations for the Services before the succeeding monthly billing period, Services will be cancelled and retained messages will be permanently erased. Customer accepts this policy and releases Infoe from any responsibility deriving from its application.

12.4 Conditions and limitations of Telephony Services

12.4.1 Infoe does not guarantee that calls received in Telephony Services can be routed to any destination phone number. Valid destination phone numbers are those which can be configured in Infoe Applications.

12.4.2 Infoe is not responsible for network saturation nor access to the Services phone numbers if such conditions are beyond Infoe’s control.

12.4.3 Each commercial plan of Telephony Services offers a maximum number of simultaneous calls which can be received in each Service. Infoe will make its best efforts to make available at all times enough resources to receive all simultaneous calls allowed, but there can be, from time to time, periods of saturation of Infoe systems during which it might not be possible to receive all simultaneous calls. Thus, if not all simultaneous calls can be received in Infoe systems at any particular time, Infoe’s responsibility will be limited to compensation Customer with the proportional part of the monthly fee for the Service, calculated as the fraction of time the Service has been unavailable due to saturation during the month. Infoe will bear no responsibility over the direct or indirect consequences of the possible unavailability of the Service due to saturation.

12.4.4 The responsibility for configuring Telephony Services is exclusively the Customers’. The consequences of receiving or not receiving calls or the proper routing of calls to other numbers are the responsibility of proper configuration by Customer who releases Infoe of any responsibility deriving from the configuration of Services.

12.4.5 Customer hereby declares that in order to route calls received in the Telephony ServicesCustomer will have previously obtained authorization from destination phone numbers to receive calls routed from the Services. Customer
receives Infoe from any responsibility deriving from the reception of calls in third party phone numbers which have been routed from the Customer’s Services.

12.4.6 Infoe can suspend operation of Telephony Services if payment conditions are breached as described in clause 13, as a preventive measure before cancellation of Services. Suspension of Telephony Services entails suspending the reception, emission, processing and routing of calls. If Customer fulfils payment obligations for the Services before the succeeding monthly billing period, Services will be restored. If Customer does not fulfil payment obligations for the Services before the succeeding monthly billing period, Services will be cancelled. Customer accepts this policy and releases Infoe from any responsibility deriving from its application.

 

 

13. BILLING AND PAYMENT METHODS

 

13.1 Direct debit (and payment advances)

If Customer chooses direct debit in a bank account or in a credit card (in countries where either is available), Customer authorizes Infoe to debit such bank account or credit card specified by Customer, at any moment, without any additional authorization, all amounts billed and due for the Services.

13.1.1. Billing for Direct Debit

For Direct Debit Customers invoices are prepared and sent on the first business day of every month (except
for the first invoice which is issued at the moment a new Customer  signs up) and they include: 1) Advance payment of monthly fees for all active Services at prices published in Infoe Applications; 2) all usage and activity charges incurred for all active Services in the previous month at prices published in Infoe Applications and 3) any taxes due at the moment of billing, according to Spanish Law and country of residence of Customer. If the date Customer  signs up for a Service is not the first day of the month, Infoe will bill Customer in advance, for the proportional part of monthly fee for that Service from the signup day until the end of the month, with a minimum amount of 3 euros (or equivalent in billing currency) plus applicable taxes. All charges billed in advance, including monthly fees, are not refundable. If a Customer cancels a service the first day of the month, payment already billed for the starting month will not be refunded.

13.1.2 Rounding for Direct Debit Billing

Service costs will be calculated using 6 decimal places in the billing currency, except for monthly fees which will be rounded to 2 decimal places. At billing time, all costs will be added up, excluding taxes, and the result will be rounded to 2 decimal places. Taxes will be calculated using this rounded sum and resulting tax will also be rounded to 2 decimal places.

13.1.3. Credit Limit

Infoe reserves the right to fix, at its own discretion, a credit limit for each Customer and to suspend Services if such limit is exceeded. Infoe will notify Customer if credit limit is exceeded and of the procedures available to make an advance payment or to request
an increase in the credit limit. Infoe can, at its own discretion, make available to Customers who have chosen credit card direct debit, an automatic advance payment every time the credit limit is reached. Advance payments will be applied to the next monthly invoice.  Infoe will not be held responsible for the suspension of Services due to exceeding the credit limit assigned by Infoe.

13.1.4. Non-payment and rejected direct debit charges.

Non-payment of any issued invoice presented for collection at bank account or credit card indicated by Customer in Infoe Applications, will be sufficient reason for cancelling Services and terminating this Contract. Infoe will not be held responsible for cancellation of the Services due to non-payment. Customer will pay for any costs Infoe could have to pay as consequence of non-payment, and a minimum of 6 Euros (or equivalent in billing currency), for administrative costs. Suspension of Services or Contract termination for non-payment do not release Customer of responsibility to pay Infoe for any outstanding invoices.

13.1.5 Changes in Direct Debit instructions

Customer is solely responsible for keeping up to date instructions for Direct Debit, bank account or credit card, using Infoe Applications. Data must be correct at the start of the first business day of the month for monthly billing or before any automatic charge for advance payments. Thus, any changes must be made before the beginning of the month or before expected advance payments.

13.2 Pre-payment

If Customer chooses this payment method, Customer must make and advance payment using a credit card or other form of payment previously authorized by Infoe (hereafter the amount prepaid will be referred to as “pre-payment”). The amount of pre-payment will be held by Infoe and all Services costs, including applicable taxes, will be deducted from it. When Customer makes the first pre-payment, the proportional part of monthly fee for Services (if any) from the signup day until the end of the month will be deducted. From then on, all usage and monthly charges for Services will be deducted from the pre-payment remaining balance, according to prices and conditions defined in Infoe Applications. All costs will be increased by applicable taxes at the moment charge is made. Customer can access the remaining balance of pre-payment at any time using Infoe Applications. Infoe can, at its sole discretion, provide Customer with procedures for automatic pre-payment.  In this case, Customer would pre-authorize Infoe to debit the amount and credit card indicated by Customer when the pre-payment balance is below an amount also specified by Customer. Customer accepts that automatic pre-payment instructions configured by Customer in Infoe Applications are sufficient authorization for Infoe to make the credit card charges. It is the Customer’s exclusive responsibility to maintain a sufficient pre-payment balance to fulfill Services costs.

13.2.1. Pre-payment billing

For Customers who choose pre-payment invoices are only issued at time of pre-payment. The pre-payment amount includes any applicable taxes, which will be detailed in the pre-payment invoice, rounded to 2 decimal places in the billing currency.

13.2.2 Rounding for pre-payment


Service costs and applicable taxes will be calculated using 6 decimal places in the billing currency, except for monthly fees and its applicable taxes which will be rounded to 2 decimal places. Pre-payment balance will be kept to 6 decimal places, but some Infoe Applications will only show 2 decimal places for formatting purposes.

13.2.3. Insufficient balance and monthly fee non-payment

If at any time the remaining pre-payment balance is not sufficient for paying for Services, Customer will not be able to use the Services until a new pre-payment is made in sufficient amount to pay for Service costs.

An insufficient pre-payment balance to pay for the monthly fees due for Services will be sufficient reason for cancelling Services and terminating this Contract. Infoe will not be held responsible for cancellation of the Services due to non-payment. Suspension of Services or Contract termination for non-payment do not release Customer of responsibility to pay Infoe for any billed amounts not covered by pre-payment balance.

13.2.4. Refund of unused pre-payment balance

After paying for all Services costs, if Customer requests a refund of any remaining pre-payment balance, an amount of 8,50 Euros (or equivalent in billing currency, not including applicable taxes) will be deducted from such balance as administrative expense. Refunds can only be made to the same credit card (or authorized payment mean) which was used for pre-payment, unless Customer can provide original documentation to prove ownership of  payment means used for all pre-payments.

13.3 Payment by Bank Transfer

For Customers to whom Infoe allows payment by bank transfer must pay for each issued invoice within the time period agreed upon and indicated in Infoe Applications to the bank account indicated by Infoe in each invoice and invoice notice.

13.3.1. Billing for payment by Bank Transfer

For Customers paying by bank transfer, invoices are prepared and sent on the first business day of every month (except
for the first invoice which is issued at the moment a new Customer  signs up) and they include: 1) Advance payment of monthly fees for all active Services at prices published in Infoe Applications; 2) all usage and activity charges incurred for all active Services in the previous month at prices published in Infoe Applications and 3) any taxes due at the moment of billing, according to Spanish Law and country of residence of Customer. If the date Customer  signs up for a Service is not the first day of the month, Infoe will bill Customer in advance, for the proportional part of monthly fee for that Service from the signup day until the end of the month, with a minimum amount of 3 euros (or equivalent in billing currency) plus applicable taxes. All charges billed in advance, including monthly fees, are not refundable. If a Customer cancels a service the first day of the month, payment already billed for the starting month will not be refunded.


13.3.2 Rounding for payment by bank transfer

Service costs will be calculated using 6 decimal places in the billing currency, except for monthly fees which will be rounded to 2 decimal places. At billing time, all costs will be added up, excluding taxes, and the result will be rounded to 2 decimal places. Taxes will be calculated using this rounded sum and resulting tax will also be rounded to 2 decimal places.

13.3.3. Credit Limit

Infoe reserves the right to fix, at its own discretion, a credit limit for each Customer and to suspend Services if such limit is exceeded. Infoe will notify Customer if credit limit is exceeded and of the procedures available to make an advance payment or to request
an increase in the credit limit. Infoe will not be held responsible for the suspension of Services due to exceeding the credit limit assigned by Infoe.

13.3.4. Non-payment and rejected direct debit charges.

Non-payment of any issued invoice in the agreed upon time and bank account, will be sufficient reason for cancelling Services and terminating this Contract. Infoe will not be held responsible for cancellation of the Services due to non-payment. Customer will pay for any costs Infoe could have to pay as consequence of non-payment, and a minimum of 6 Euros (or equivalent in billing currency), for administrative costs. Suspension of Services or Contract termination for non-payment do not release Customer of responsibility to pay Infoe for any outstanding invoices.


13.4 Billing disputes

In order to be accepted, any disputes on invoices issued must be communicated to Infoe via certified mail no later than (30) days from date of invoice. The dispute must indicate the amount, the reasons and the supporting evidence of claim made. If no dispute is received by Infoe as described here, Customer accepts validity of all amounts billed or pre-payed for Services.

Filing a dispute does not eliminate the obligation by Customer to pay all amounts due in the form and term agreed upon.

If Infoe rejects the dispute, it will respond with all the data necessary to support the rejection. If dispute is accepted, Infoe will compensate the disputed amount in the next billing cycle or increase the pre-payment balance if such is the form of payment.

13.5 Digital Invoice

Infoe will send Customer digital invoices only, as allowed by current regulations, informing Customer by email that invoice is available. Customer can download invoice using Infoe Applications or indicate that invoices should be attached to notification emails. Customer accepts this invoicing method and if a printed invoice is needed, Customer shall print it by its own means and expense.

 

 

14. SIGN UP, CHANGES AND CANCELLATION PROCEDURES

 

14.1 All sign up, changes or cancellation of Services must be done by the Account Administrator using Infoe Applications and following the instructions in them. The date of each request will be that of reception by Infoe through Infoe Applications.

14.2 Services are activated when email is sent to Account Administrator confirming the request and with the new Service details. The date when this occurs is the "
Activation Date".

14.3 Any changes to the Servicios are effective on the date which confirmation of changes is sent to Customer.

14.4 Infoe reserves the right to deny a customer the possibility to sign up for Services if Customer if Infoe has been unable to find appropriate credit references , if Infoe cannot validate the truthfulness of the identification data provided by Customer, or if Customer has previously signed up for Services and has not fulfilled conditions of this Contract.

14.5 If Infoe cannot activate Services for any reason, it will inform Customer of the time required to activate the Services or of the impossibility to provide them.

14.6 Infoe is not obligated to guarantee a Customer the possibility to sign up for a Service nor to any activation times nor for the availability of its Services

14.7
Customer can request at any time, using Infoe Applications, the cancellation of one or all Services. Cancellation will be effective when Infoe sends an e-mail to the Account Administrator confirming it. Customer will be
responsible for any usage or other costs pending, according to this Contract, including any possible minimum term obligations which might have been specified at signup time.

 

 

15. SUB-PROCESSORS

 

Infoe offers Services to Customer as a capacity which, in the conditions described in this Contract, allow Customer to produce, obtain, store, transmit, transform, use or make available information. Infoe offers the Services using its own human, technical and logistic resources, and also using telecommunication and other services it acquires from other third parties for data processing, security, Internet access and other services (all together called here "Sub-processors"). Infoe does not distribute to its Customers the services of the Sub-processors. Amounts billed by Infoe for its Services correspond to a full set of activities performed by Infoe and do not correspond in any way or form to prices for reselling third party services.

 

 

16. LIMITATION AND/OR EXCLUSION OF WARRANTIES AND RESPONSIBILITY FOR SERVICES AND INFORMATION PROCESSED USING SERVICES

 

16.1 Utility and Reliability of Services

Infoe does not guarantee that Services are useful for any specific activity, nor the infallibility of the Services and, in particular, but not exclusively, does not guarantee that Customers will effectively be able to receive or make specific phone calls, send or receive specific SMS text messages, receive faxes from any origin or send them to any destination, nor that such faxes, messages or recorded calls will be delivered via e-mail. Infoe excludes any responsibility for damages of any nature resulting from defrauding the utility that Customer may have attributed to the Services and from the lack of infallibility of the Services and, in particular, but not exclusively, from faults which could prevent the reception or emission of calls, sms messages or faxes to and from Infoe systems.

16.2. Privacy and Security using the Services

Infoe does not guarantee privacy and security in the utilization of Services by Customer and, in particular, does not guarantee that unauthorized third parties can be prevented from having  knowledge of the class, conditions, characteristics and circumstances of use of the Services by Customer, nor that third parties could access, intercept, delete, alter, manipulate or change in any way the Contents and all communications the Customer transmits, broadcasts, receives, accesses or processes using the Services.

Infoe excludes any responsibility for damages of any nature resulting from third parties gaining knowledge of the class, conditions, characteristics and circumstances of use of the Services by Customer, nor from third parties gaining access, intercepting, deleting, altering, manipulating or changing in any way the Contents and all communications the Customer transmits, broadcasts, receives, accesses or processes using the Services.

16.3. Exclusion of warranties and responsibilities for Contents

16.3.1. Quality

Infoe does not control and does not guarantee the absence of viruses in the Contents produced, obtained, stored, transmitted, transformed, used or made available using the Services; nor the absence of other elements that might alter the operation of Customer’s computers or other devices or which might be present in digital documents or files stored or transmitted from Customers devices.

Infoe excludes any responsibility for damages of any nature resulting from the presence of viruses in the Contents produced, obtained, stored, transmitted, transformed, used or made available using the Services; nor for the presence of other elements that might alter the operation of Customer’s computers or other devices or which might be present in digital documents or files stored or transmitted from Customers devices.

16.3.2. Legality, infallibility and utility

Infoe is foreign to and does not participate in the creation, transmission or presentation of the Contents produced, obtained, stored, transmitted, transformed, used or made available using the Services, and does not exercise any control nor guarantee the legality, infallibility or utility of such Contents. Customer is exclusively responsible for the Content of e-mails, faxes, SMS or phone calls received or sent using the Services and Infoe acts as a passive mean of transmission of the Contents the Customer considers fit. Nevertheless,  Infoe reserves the right to take any necessary actions if it considers the Contents can compromise or damage the Services or the use by Infoe of sub-contractor services.

Infoe excludes any responsibility for damages of any nature resulting from the creation, transmission or presentation of the Contents produced, obtained, stored, transmitted, transformed, used or made available using the Services and, in particular, but not exclusively, for any damages which might result from the creation, transmission or presentation of the Contents produced, obtained, stored, transmitted, transformed, used or made available using the Services, which might be (a) breaking the law or generally accepted principles of morality and public order; (b) infringing  intellectual, industrial or property rights, revelation of trade secrets, breaking of contractual agreements,  defamation, or any illegal revelation of private or intimate personal information;  (c) performing acts of unfair competition or illegal advertising; (d) untrue, inexact, incomplete; (e) inadequate for any purpose or defrauding of expectations;  (f) evidence of non compliance or late compliance of any obligations with third parties; (g) evidence of defects in all types of products and services  sold, bought or offered.

16.4. Exclusion of warranties and responsibilities for services offered by third parties using the Services

16.4.1. Quality

Infoe does not control and does not guarantee the absence of viruses in the services offered by third parties using the Services. Infoe excludes any responsibility for damages of any nature resulting from defects of quality in the services offered by third parties using the Services.


16.4.2. Legality, infallibility and utility

Infoe is foreign to and does not participate in the setup or offering of third parties services through the Services and does not exercise any control nor guarantee the legality, infallibility or utility of such services.

Infoe excludes any responsibility for damages of any nature resulting from services offered by third parties through the Services and, in particular, but not exclusively, for any damages which might result from third party services (a) breaking the law or generally accepted principles of morality and public order; (b) infringing  intellectual, industrial or property rights, revelation of trade secrets, breaking of contractual agreements,  defamation, or any illegal revelation of private or intimate personal information;  (c) performing acts of unfair competition or illegal advertising; (d) untrue, inexact, incomplete; (e) inadequate for any purpose or defrauding of expectations;  (f) evidence of non compliance or late compliance of any obligations with third parties; (g) evidence of defects in all types of products and services  sold, bought or offered.

16.5 Unauthorized uses

Infoe does not control the access to or use of the Services by Customer or other customers. In particular, Infoe does not guarantee that Customer or other customers will access and/or use the Services in compliance with all the clauses of this Contract.

Infoe excludes any responsibility for damages of any nature resulting from access or use of the Services by Customer in non-compliance with all the clauses of this Contract.

16.6. Identity and other information provided by Customer about the Customer

Infoe does not control and does not offer any guarantee about the veracity, validity, completeness and/or authenticity of the data that Customer provides about itself or makes available to other customers.

Infoe excludes any responsibility for damages of any nature resulting from the incorrect identity of Customer or the lack of veracity, validity, completeness and/or authenticity of the data that Customer provides about itself or makes available to other customers and, in particular but not exclusively,  for damages of any nature resulting from the theft of a third party’s identity by a Customer in any communication or action performed using the Services.

 

 

17. NON-LICENSE

 

Infoe authorizes Customer to use intellectual and industrial property rights and trade secrets related to the Services for the sole purpose of using the Services according to the conditions established in this Contract. Infoe does not give Customer any other type of license or authorization of any type to use intellectual and industrial property rights, trade secrets or any other rights related to the Services.

Customer cannot resell, assign, give or surrender rights of use of the Services to any third party.

Infoe is not responsible for the illegal or unauthorized use by Customer or any other third party of phone numbers assigned by Infoe to Customer.

 

 

18. AUTOMATED DATA PROCESSING AND PERSONAL DATA PROTECTION

 

18.1. Contents transmitted using the Services

 

Using the Services, the Customer and the Users of the Services can transmit (send and receive) information by fax, by SMS text messages or through telephone calls, all together hereby called for purposes of this Contract the “Content”.

 

In order to provide the Services, Content is processed by Infoe for its storage, transmission or retransmission. The processing of Content by Infoe may involve ts conversión to another digital format. In no case does Infoe convert Content into treatable data and therefore Content is not considered data in the operation of the Services. Storage, transmission and retransmission of the Content is performed using automatic processes which do not entail any extraction or search of any information within the Content.

 

Customer receives Infoe from any responsibility relating to the Content processed by the Services.

 

Content is processed and stored by Infoe in secure environments, abiding by applicable secrecy of telecommunication regulations. Nevertheless, Infoe is not responsible about such Content during its transit through public networks (telephony, Internet or others) before its reception by Infoe systems. Likewise, Infoe is not responsible about such Content during its transit through public networks (telephony, Internet or others) after it is transmitted and it leaves Infoe systems.



 

18.2. Personal Data

18.2.1 Personal Data

As mandated by Spanish law 3/2018,  “Protección de Datos de Carácter Personal”,  Infoe informs Customer, that its personal data and that of the Users of the  Services (hereto forward “Personal Data”), to which Infoe is given access by any means or processes, as a consequence of this Contract, its transactions, and use of the Services, will be incorporated into a database under Infoe’s responsibility, and Customer authorizes Infoe to process this data.

18.2.2 Automated processing

Personal Data will be subject to automated processing by Infoe, and for that purpose it will be stored in an automated database which will comply with applicable laws and regulations (hereto forward "Personal Data File").

18.2.3 Purpose

The purpose for collection and processing Personal Data is to maintain the business relationship established by this Contract;  to manage, administer, provide and enhance the Services; to adapt the Services  to the preferences and tastes of the Customer; to design new services related to the Services; to send Services updates to Customer; to advertise/market the Services and other products and services sold by or through Infoe now or in the future; and sending periodic polls to which Customer can opt not to answer.

 
Customer acknowledges and accepts that some automated processes, including access to faxes, sms messages, email messages, call data, and to their Content, can be necessary. Among other things, to 1) route messages or calls, 2) adapt to email or telecommunication services requirements, 3) adapt to new Services requirements, 4) prevent and minimize Service interruptions.

18.2.4 Security

Infoe assures Customer that it has deployed all necessary security assets and procedures to secure its data processing premises, systems and databases as well as the procedures to confidentially process Personal Data, according to applicable law. Infoe assures Customer that it will maintain the security and confidential processing of Personal Data when data is moved to other countries, as stated in the Privacy Policy in Annex I to this Contract. Customer specifically accepts the transfer of Personal Data by Infoe outside of the European Economic Area, in the conditions specified in Annex I to this Contract.

 

Notwithstanding the above , Infoe will release to authorized judicial or administrative authorities the Personal Data, Content and any other Customer information Infoe might have or that is accessible through its systems, as long as the requirement complies with applicable laws and regulations for each information request.

18.2.5 Consent

By acceptance of the conditions of this Contract, Customer gives its consent to the incorporation of Personal Data to a Personal Data File which will be processed for the purposes enumerated above.

18.2.6 Right of Customer to access, cancel , modify or oppose

Customer is entitled to and can exercise its rights to access, cancel, modify or oppose its Personal Data, through Infoe’s Customer Service described in clause 3.4. Cancellation of data can be subject to restrictions imposed by account laws and regulations as well as other laws including those which mandate conservation of telecommunication data for extended periods of time.

 

18.3 Customer data transferred for automated processing

Services usage can involve the transfer of data (as plain files or databases) from Customer to Infoe for automated processing with the purpose of configuring the Services or for using the data, such as Destination lists for fax or SMS broadcasts. The origin and rights of use of such data are exclusively the Customer’s and can contain Personal Data from Customer or from third parties. As per Spanish Law 3/2018 of “Protección de Datos de Carácter Personal”, Customer is  “RESPONSIBLE FOR PERSONAL DATA FILE” containing the data it transfers to Infoe and Infoe is “RESPONSIBLE OF PROCESSING” of such data.

Because of the automatic nature of Services offered by Infoe to Customer, Infoe has no knowledge of the data Customer might transfer to Infoe at any time for automatic processing.

As RESPONSIBLE FOR PROCESSING, Infoe’s responsibility is limited to the automatic processing of the data transferred to Infoe by Customer according to Customer’s instructions and with the sole purpose of using the data to use the with the Services.

 

18.4 Privacy Policy

 

Infoe’s privacy policy is included in Annex I to this Contract. Customer acknowledges to have read it and fully accepts its content.

 

18.5 Security

 

Infoe will deploy its best efforts to apply all the necessary technical and procedural resources to protect Customer’s Personal Data and Content. Among others:

-       Encryption of especially sensitive data

-       Various technologies to guarantee confidentiality, integrity, availability and resiliency of systems

-       Periodic procedures to verify, evaluate and measure the effectiveness of technical and procedural resources used to protect Customer’s Personal Data and Content

 

18.6 Obligation to Secrecy

 

Infoe is committed to maintaining the strictest discretion and confidentiality about the information Customer may transfer to Infoe to be used with the Services and which is classified by Customer as confidential. Information will be considered confidential when classified in this way as stated in this clause and particularly when receiving Personal Data of Customer or for which Customer is responsible.

 

Information will not be considered confidential when it was already in the public domain or when Infoe already had it before operation of Services for Customer and had obtained it according to applicable law.

 

The obligation to secrecy described in this clause does not expire, and will continue to be enforceable after termination of this Contract for any cause.

 

 

19. ASSIGNMENT OF RIGHTS

 

Infoe may transfer the rights and obligations arising from this Contract to any person or entity, and in such a case commits to inform Customer of the transfer in the terms mandated in the Contract.

 

 

20. CONTRACT DURATION

 

Unless previously terminated in accordance to the Contract’s clauses the duration of the Contract will be of one (1) year and will be renewed automatically for successive periods of one (1) year, unless any of the parties of the Contract communicates it to the other part 30 days in advance of each yearly renewal.

 

 

21. TERMINATION

 

 

21.1 Withdrawal

Infoe and Customer recognize each other the right to withdraw from the Contract unilaterally, at any time and without need for a specific cause. In order to withdraw, the withdrawing party must communicate the other party its decision to terminate the contract with a thirty (30) day advance notice of the intended date for termination of Contract and Services.

Infoe can communicate withdrawal to Customer using the communication methods described in this Contract. Customer can communicate withdrawal to Infoe through Customer Service described in clause 3.4, but should previously request Service termination, if any are active at the time, using Infoe Applications.

Contract termination does not exempt Customer from its payment and other obligations under the Contract.

21.2 Termination

Infoe and Customer recognize each other the right to terminate the Contract if the other party has failed to fulfill its Contract obligations, unless the other party fulfills the breached obligations within seven (7) of having been notified in writing of the breach. If the breach is considered unfulfillable or fulfillment would make it impossible for the party in compliance to keep fulfilling its obligations, termination can be immediate. Either way leaves open  the possibility for either party to claim for damages in accordance with Contract conditions, for Infoe to restrict access to the Services, or for the party in compliance to request the compensations that might apply in accordance with Contract.

Contract termination does not exempt Customer from its payment and other obligations under the Contract.

 

 

22. APPLICABLE LAW

 

This Contract shall be governed exclusively by the laws of Spain.

 

 

23. JURISDICTION

 

Infoe and Customer, expressly waiving their right to any other jurisdiction, submit exclusively to the jurisdiction of the courts and tribunals of the City of Madrid, Spain.

 

 

24. TRADEMARKS

 

Infoestructura, Infofax and Infocaller are registered trademarks of Infoe. Other trademarks mentioned in this document belong to their respective owners.

 

 

25. INFOE IDENTIFICATION DATA

 

Infoestructura, S.A. is a Spanish company registered in “Registro Mercantil de Madrid, tomo 9546, folio 113, hoja Nº 88792-1” and with tax ID/VAT /CIF  ESA78681525, Post Office Box: 151022 (28080 - Madrid) Spain.

 

 

ANNEX I

INFOE PRIVACY POLICY
according to the General Data Protection Regulation of the European Union (GDPR) as applied in the jurisdiction of this contract

 

Infoe processes two broad categories of personal information when you use our products and services:

        Your personal information as a customer, as a potential customer or as an authorized representative of your company. We refer to this information as “Customer Account Data”, and

        The personal information of your end users who use or interact with the services that you’ve configured on Infoe’s platform - this category contains both your Customer Usage Data (e.g., communications metadata) and your Customer Content (e.g., the contents of communications).

Infoe processes these categories of personal information differently because the direct relationship we have with you, our customer, is different than the indirect relationship we have with your end users.

 

How Infoe Processes Your Personal Information

We, Infoe, collect and process your personal information:

        When you visit a Infoe public-facing website like infoe.es, infocaller.com, Infofax.es or infosms.es, sign up for a Infoe event, or make a request to receive information about Infoe or our products, like a Infoe whitepaper or a newsletter;

        When you contact Infoe’s Sales Team or Customer Support Team; and

        When you sign up for an Infoe account and use our products and services.

We call this personal information Customer Account Data.

Data protection laws in certain jurisdictions, like the European Economic Area (EEA), differentiate between “controllers” and “processors” of personal information. A controller decides why and how to process personal information.

A processor processes personal information on behalf of a controller based on the controller’s instructions. When Infoe processes your Customer Account Data, the Infoe entity with whom you are contracting is acting as a controller.

Broadly speaking, we use Customer Account Data to further our legitimate interests to:

        understand who our customers and potential customers are and their interests in Infoe’s product and services,

        manage our relationship with you and other customers,

        carry out core business operations such as accounting and filing taxes, and

        help detect, prevent, or investigate security incidents, fraud and other abuse and/or misuse of our products and services.

 

What Customer Account Data Infoe Processes When You Visit Our Website, Sign Up for a Infoe Event, or Make a Request for Information About Infoe and Why

When you visit our website, sign up for an Infoe event or request more information about Infoe, we collect information automatically using tracking technologies, like cookies, and through web forms where you type in your information. We collect this information to provide you with what you request through the web form, to learn more about who is interested in our products and services, and to improve navigation experience on our pages.

Information You Share Directly: In some places on Infoe’s public-facing websites, you can fill out web forms to ask to be contacted by our Sales Team, sign up for a newsletter, register for a Infoe event, or take a survey. The specific personal information requested on these forms will vary based on the purpose of the form. We will ask you for information necessary for us to provide you with what you request through the form (for example, we will ask you for your email address if you want to sign up for an email newsletter and for your phone number if you want a member of our Sales Team to call you). We may also ask you for additional information to help us understand you better as a customer like your Infoe use case, your company name, or your role at your company. If you sign up to receive ongoing marketing communications from Infoe, like a newsletter, you can always choose to opt-out of further communications through a preferences page which will be linked from any marketing email you receive from Infoe. Or, you can contact our Customer Support Team to communicate your choice to opt-out.

Information We Collect Automatically: When you visit Infoe websites, including our web forms, we and our service providers acting on our behalf automatically collect certain information using tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how visitors to our websites are using them and which pages and features of the websites are most popular. This helps us understand how we can improve our websites and track performance of our advertisements. In addition, we using tracking technologies to help improve the navigation experience on Infoe websites. For more details on our use of cookies and tracking technologies, please see our Cookie Notice.

 

What Customer Account Data Infoe Processes When You Communicate with Our Sales or Customer Support Teams and Why

You may share personal information, like your contact information, with a member of our Sales or Customer Support Team when you communicate with them. We keep a record of this interaction.

If you contact our Sales or Customer Support Teams, those teams keep a record of that communication, including your contact details and other information you share during the course of the communication. We store this information to help us keep track of the inquiries we receive from you and from customers generally so we can improve our products and services and provide training to team members. This information also helps our teams manage our ongoing relationships with our customers. Because we store a record of these communications, please be thoughtful about what information you share with our Sales and Customer Support Teams. While we will take appropriate measures to protect any information you share with us, it is best to avoid sharing any personal or other sensitive information in these communications not necessary for these teams to assist you.

We may use third party products and services to process and store the information you share with our Sales and Customer Support teams and in such a case we will have subscribed the agreements required by law and privacy regulations.

 

What Customer Account Data Infoe Processes When You Sign Up for and Log Into a Infoe Account and Why

When you sign up for an Infoe account, we ask for certain information like your contact details and billing information so we can communicate with you and so you can pay for our products and services. We also collect some information automatically, like your IP address, when you log in to your account or when your software application built on Infoe makes requests to our APIs. We use this to understand who is using our services and how, and to detect, prevent and investigate fraud, abuse, or security incidents.

Information You Share Directly: When you sign up for a Infoe account, you’ll be asked to give us your name, email address, and optionally, your company name, tax id information and to create a password. You can also name your account (or accounts, if you manage more than one). We collect this information so we know who you are, we can communicate with you about your account(s), and we can recognize you when you communicate with us through the account portal or otherwise.

We also use your email address to send you information about other Infoe products, services or events in which we think you may be interested. You can opt out of further marketing communications through your marketing preferences page linked from any marketing email you receive from Infoe. Or, you can contact our Customer Support Team to communicate your choice to opt-out.

When you first sign up for an account, we may also ask you for a telephone number so we can communicate a verification code to that telephone number and have you enter the code into our website. This helps us ensure the uniqueness of our customer and that there is an actual person and not a robot behind the process. An Infoe team member may also contact you at this number to help you with onboarding unless you tell us you don’t want us to contact you.

If you set up, or we ask you to set up, two-factor authentication for your account, we’ll ask you to enter a telephone number to set up the process. You have the option to use that telephone number as the method for us to communicate verification codes to you to verify that it is you logging into your account.

When you upgrade a trial account or sign up to a new account, we’ll ask you to provide us with your payment method information like a credit card, bank account or your Paypal account, and/or your billing address. Our payment processor, acting on our behalf, gathers this so we can bill you for your use of our products and services. Your billing address may also be used by Infoe for tax calculation and audit purposes.

For some products, we may also have to obtain a physical address from you, including proof of address or other identification information. For example, to get a phone number in certain countries, local law may require us to have a physical service address on file for you or your end user and/or proof of identity and physical service address. We may also use this physical service address for tax purposes. We may have to share your service or billing address with the telecommunications carrier from whom Infoe obtained the phone number or with local government authorities upon their request.

Similarly, for some of our products, you may have to complete an application form providing details about your company and your intended use of the product, like when you are interested in getting a short code. We’ll use this information for the purpose for which it was gathered from you. We may also use it in connection with improving our own internal processes and services or training our team members.

Information We Generate or Collect Automatically. When you sign up for an account with Infoe, we’ll automatically assign you and your account(s) unique customer ID. We may generate an API token for each of your accounts. These are used like a username and password to make API requests. Instead of using these API tokens, you can provision passwords and API Keys, and use your passwords and API key for authentication when making requests to our APIs. We keep a record of these credentials so we know it is you making the requests when your application makes requests to our API using these credentials.

In addition, when you use our account portal, we collect your IP address and other data through tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how customers are using our platform, who those customers are (if they are a company and the IP address is associated with that company), what country they are logging in from (for analytics and export control purposes), and to help improve the navigation experience. We also used the IP address to audit any account data changes. For more details on our use of cookies and tracking technologies, please see our Cookie Notice.

Note that we also collect the IP address of your devices or servers when you make requests to our APIs. When you use our APIs, we also collect and process the information contained in those interactions.

All information we collect when you sign up for a Infoe account and interact with the Infoe account portal or our products or services may be used to detect, prevent, or investigate security incidents, fraud, or abuse and misuse of our platform and services.

 

Other Customer Account Data We Collect and Why

We may collect information about you, as our customer, from publicly-available sources so we can understand our customer base better.

We may use publicly-available information about you through services like LinkedIn, or we may obtain information about your company from third party providers to help us understand our customer base better, such as your industry, the size of your company, and your company’s website URL.

 

How Long We Store Your Customer Account Data

Infoe will store your Customer Account Data as long as needed to provide you with our services and to operate our business. If you ask Infoe to delete specific personal information from your Customer Account Data, we will honor this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits.

Here is an overview of how long we hold on to Customer Account Data in a form that can be used to identify you, unless there is a specific need or obligation to retain your information longer (like in the case of an open investigation, audit or other legal matter):

Customer Account Data stored in our customer relationship management system(s) is generally stored up to 7 years following closure of your account. Invoice records, including their digital equivalent, may be retained in identifying form by Infoe for longer periods for accounting, tax, and audit purposes depending on and in accordance with applicable tax law.

Your communications with Infoe’s Customer Support Teams may be retained for up to 7 years after your account is closed.

 

How To Make Choices About Your Customer Account Data

You can make various choices about your Customer Account Data through the account portal, such as accessing it, correcting it, deleting it, or updating your choices about how it is used, when you log into your Infoe account or through the marketing preferences center. Any other requests about your data you cannot make through these self-service tools, you can request by emailing dpo@infoe.es or contacting Customer Support.

Closing Your Account and Deletion. Cancelling specific products or services does not imply closing the account. You can request closure and deletion of the account sending an email to dpo@infoe.es  or contact Customer Support, after adequate authentication of your identity. You should know that closure and/or deletion of your Infoe account will result in you permanently losing access to your account and data in the account. Please note that certain information associated with your account may nonetheless remain on Infoe’s servers in an aggregated form that does not identify you or your end users. Similarly, data, including personal information, associated with your account we are required to maintain for legal purposes or for necessary business operations (see “How Long We Store Your Customer Account Data” section above) will be retained after account closure until no longer needed.

Promotional Communications. You can choose not to receive promotional emails from Infoe by following the unsubscribe/opt-out instructions in those emails. You can also opt-out in the account portal, by contacting Customer Support. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages relating to things like updates to our terms of service or privacy notices, security alerts, and other notices relating to your access to or use of our products and services.

Cookies and Tracking Technologies. How you make choices about cookies and other tracking technologies depends on the type of cookie or tracking technology being used. For details on how to manage your preferences for cookies and tracking technologies, please check out our Cookie Notice.

Other Choices About Your Customer Account Data. In addition, you can express other choices about your Customer Account Data (i.e., accessing it, deleting it, restricting its use, porting it, or withdrawing consent for its use) by contacting dpo@infoe.es .

If you are an end user of an application on Infoe’s platform and not a direct customer of Infoe, you should direct requests relating to your personal information to the Infoe customer who gave you access to the application and according to their own privacy policy.

 

How Infoe Processes Your End Users’ Personal Information

Your end users’ personal information typically shows up on Infoe’s platform in a few different ways:

        Communications-related personal information about your end users, like your end users’ names, email addresses, phone numbers for number-based communications, IP addresses for IP-based communications, or device tokens, show up in our systems when you configure, use or intend to use this information to contact your end user through use of our products and services.

        Your end users’ personal information may show up in “friendly names,” which are strings you provide, if you choose to include your end users’ personal information in communications.

        Your end users’ personal information, or third parties which are not end users or customers, may also be contained in the content of communications you (or your end users) send or receive using Infoe’s products and services.

We call the information in the first two bullets above Customer Usage Data. The information in the third bullet is what we refer to as Customer Content.

As noted above, data protection law in certain jurisdictions, like the European Economic Area (EEA), differentiate between “controllers” and “processors” of personal information. When Infoe processes Customer Content, we generally act as a processor. When we process Customer Usage Data, we act as a processor in many respects, but we may act as a controller in others. For example, we may need to use certain Customer Usage Data for the legitimate interests of billing, reconciling invoices with telecommunications carriers, and in the context of troubleshooting and detecting problems with the network.

 

What Customer Usage Data and Customer Content Infoe Processes and Why

We use Customer Usage Data and Customer Content to provide services to you and to carry out necessary functions of our business as a communications service provider. We do not sell your end users’ personal information and we do not share your end users’ information with third parties for those third parties’ own business interests.

The particular end user personal information Infoe processes when you, our customer, use our products and services and the reason Infoe processes it depends on how you use our products and services and which Infoe products and services you use. For that reason, our API docs for each of our products and services are the best place to find information about our processing of personal information when you use that Infoe product and service.

In many cases, you can opt to store records of your communications, or other activities, on Infoe services, which may include your end users’ personal information. You may also have the option to use additional features or tools within Infoe’s products or services that allow you to do things such as analyze the records, including end user personal information, in your Infoe account. In those cases, Infoe will process this information to provide you with the service you request.

In addition, records containing end user personal information may, from time to time, also be used in debugging or troubleshooting or in connection with investigations of security incidents, as well as for the purposes of detecting and preventing spam or fraudulent activity, and detecting and preventing network exploits and abuse.

 

How Long Do We Store Customer Usage Data and Customer Content and Exercising Choices About End User Personal Information

Details regarding how long your end user personal information may be stored on Infoe systems and how to delete, access, or exercise other choices about end user data will depend on which Infoe products and services you are using and how you are using them. For that reason, our API docs for each of our products and services are the best place to find more detailed information about managing end user data collected and stored in connection with your use of our products and services.

As a Infoe customer, if the Infoe product or service you use enables you to store records of your usage on Infoe, including personal information contained within those records, and you choose to do so, then Infoe will retain these records for as long you instruct. In some cases, use of extended storage may cost more. If you later instruct us to delete those records, we will do so. Please note it may take up to 30 days for the data to be completely removed from all systems. In some cases, a copy of those records, including the personal information contained in them, may nonetheless be retained to carry out necessary functions like billing, invoice reconciliation, troubleshooting, and detecting, preventing, and investigating spam, fraudulent activity, and network exploits and abuse. Sometimes legal matters arise that also require us to preserve records, including those containing personal information. These matters include litigation, law enforcement requests, or government investigations. If we have to do this, we will delete the impacted records when no longer legally obligated to retain them. We may, however, retain Customer Usage Data transformed such that your end user cannot be identified.

 

When and Why We Share Your Personal Information Or Your End Users’ Personal Information

We do not sell or allow your Customer Account Data to be used by third parties for their own marketing purposes, unless you ask us to do this or give us your consent to do this. Further, we do not sell your end users’ personal information (whether contained in Customer Usage Data or Customer Content). And, we do not share it with third parties for their own marketing or other purposes, unless you instruct us to do so.

Below are the different scenarios under which we may share your data with third parties.

        Telephony operators as necessary for proper routing and connectivity. Infoe provides an easier way for use of the publicly switched telephone network (PSTN) to send communications. Therefore, communications-related data is shared with and received from telephony operators as necessary to route and connect those communications from the sender to the intended recipient. How those telephony operators handle this data is generally determined by those operators’ own policies and local regulations.

        Other communications service providers for proper routing and connectivity. Infoe also enables sending or receiving communications through communications service providers that do not use the PSTN, such as online Over-the-Top (OTT) communications service providers (SMS, Skype and other similar services).  Infoe will share communications data with these providers as necessary to route and connect those communications from the sender to the intended recipient. How those OTT communications service providers handle this data is determined by their own policies.

        Third-party service providers or consultants. Infoe engages certain third-party service providers to carry out certain data processing functions on our behalf. These providers are limited to only accessing or using this data to provide services to us and must provide reasonable assurances they will appropriately safeguard the data.

        Sub-processors. We may share Customer Content with sub-processors who assist in providing the Infoe services, like our infrastructure provider, or as necessary to provide optional functionality like transcriptions. An up-to-date list of our sub-processors is located here

        Add-on Partners. Add-ons are additional features, functionality or services offered by Infoe’s Add-on Partners (third parties not affiliated with Infoe). Infoe may make Add-ons available through the Infoe portal (like Google Drive or Dropbox). Some Add-ons may need to access or collect some of your information, including personal information. If you choose to use an Add-on, Infoe will share your information with the Add-on Partner so you can use the Add-on. Infoe does not control Add-on Partners’ use of your information and their use of your information will be in accordance with their own policies. If you do not want your information to be shared with an Add-on Partner, then you should not use the Add-on.

        Compliance with Legal Obligations. We may disclose your or your end users’ personal information to a third party if (i) we reasonably believe that disclosure is compelled by applicable law, regulation, legal process or a government request (including to meet national security or law enforcement requirements), (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.

        Affiliates. We may share your personal information or your end users’ personal information with an affiliate company, like a subsidiary or parent company of Infoe. We and our subsidiaries or parent company will only use the information as described in this notice.

        Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, data we gather from you may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of Infoe may continue to process data consistent with this notice.

        Aggregated or de-identified data. We might also share data with third parties if the data has been de-identified or aggregated in a way so it cannot be used to identify you or your end users.

 

Transfers of Personal Information Out of the EEA and Switzerland

When you use our account portal or Infoe websites, or our  products and services, personal information of you and your end users processed by Infoe may be transferred to other countries where we or our service providers operate.

Infoe employs appropriate safeguards for cross-border transfers of personal data, as required by applicable local law.

European Union Model Clauses. Infoe establishes EU Model clauses to provide appropriate safeguards for Customers Account Data that is transferred outside of the EEA and Switzerland.

 

Automated Decision Making

Infoe may use automated decision making using a variety of signals derived from account activity to help identify and suspend accounts sending spam or engaged in other abusive or fraudulent activity. Holders of accounts suspended under these circumstances are notified of the suspension and given an opportunity to request human review of the suspension decision.

 

Handling Disputes Relating To Our Data Protection Practices

We hope we can resolve any disputes relating to our data protection practices between us. You can raise your concern or dispute by emailing our Privacy Team at dpo@infoe.es or by writing to us at:

Infoestructura S.A.
Calle Manuel Tovar 16
28034 Madrid
Spain

For individuals in the EEA, you have additional rights to make a complaint to a competent data protection authority or commence proceedings in a court of competent jurisdiction in accordance with applicable data protection laws. You also have the right to lodge a complaint with your local data protection authority.

 

How We Secure Personal Information

We use appropriate security measures to protect the security of your personal information both online and offline. These measures vary based on the sensitivity of the personal information we collect, process and store and the current state of technology. We also take measures to ensure service providers that process personal data on our behalf also have appropriate security controls in place.

Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

To protect the confidentiality of your account and protect from unauthorized use of your account, we recommend you use strong passwords. Additionally, you must keep your account password an any API tokens or credentials confidential and not disclose them publicly or to unauthorized individuals - this includes accidentally distributing them in a binary or checking them into source control. Please let us know right away if you think your password or Token was compromised or misused. You can change password or Tokens in the account portal.

 

Other Information You May Find Useful

Information from Children

We do not knowingly permit children (under the age of 13 in the US or 16, if you live in the EEA) to sign up for a Infoe account. If we discover someone who is underage has signed up for a Infoe account, we will take reasonable steps to promptly remove that person’s personal information from our records. If you believe a person who is underage has signed up for a Infoe account, please contact us at dpo@infoe.es

Do-Not-Track Signals

Infoe does not currently respond to web browser’s Do-Not-Track signals. You can learn more about Do Not Track here.

Changes to Our Privacy Statement

We may change our Privacy Statement from time to time. If we make changes we’ll revise the “Effective” date at the top of this statement, and we may provide additional notice such as on the Infoe website homepage, account portal sign-in page, or via the email address we have on file for you. We will comply with applicable law with respect to any changes we make to this notice and seek your consent to any material changes if this is required by applicable law.

Legal Basis for Processing Personal Information (EEA only)

If you are from the EEA, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person such as in the case where we request personal information from you in the context of a government audit or in response to a request from law enforcement.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact our Customer Support Team