LEGAL NOTICE
& SUBJECT MATTER

Index

Object

ORQUEST SOFTWARE S.L.as the controller if the website and for the purposes set out in Law 34/2002 on Information Society Services and E-Commerce, provides the following information on the terms and conditions of access and use of this Website, which must be known by the user.

Ownership: ORQUEST SOFTWARE S.L.
Tax Id. No. (NIF): B-88422050
Registered office: C/Albasanz 16, 28037 Madrid
E-mail: info@orquest.com
E-mail of the Data Protection Officer: dpo@orquest.com
Phone: 913758375
Registration data: Registered in the Commercial Registry of Madrid

Acceptance of the General Terms and Conditions

The General Terms and Conditions outlined below regulate the use of the Website of ORQUEST SOFTWARE. The use of the Website of ORQUEST SOFTWARE gives the status of user and involves the full and unconditional acceptance by the user of all the General Terms and Conditions that are published at the time the user visits the website. It is therefore recommended that the user reads the contents of the General Terms and Conditions carefully each time they intend to use the Website.

Website access terms and conditions and obligations

All content included on this Website is provided for information purposes only. Therefore, in no case can it serve as a basis for legal action or claims or constitute a source of rights. ORQUEST SOFTWARE, S.L. reserves the right to modify the contents of the Website without prior notice.

The User agrees to the correct use of the Website and utilities provided to them in accordance with the law, this legal document, and the instructions and notices provided to them.

The User agrees to use the Website and all its contents for legal purposes only, refraining from using them for prohibited purposes which breach the law, may be harmful to the legitimate rights of ORQUEST SOFTWARE, S.L. or any third party, or that may cause any direct or indirect damages to them, as well as refraining from using the Website in any way that could damage, disable, overload, impair or prevent its normal use.

Prohibited behaviour on the Website

Following the Terms and Conditions for the use of this Website, the user agrees not to reproduce, copy, distribute, make available or disclose in any other form of public communication, transform or modify the contents, unless they have the authorisation of the owner of the corresponding rights or it is legally permitted. Likewise, it is not allowed to suppress, manipulate or in any way alter the copyright and other data identifying the reservation of rights of ORQUEST SOFTWARE, S.L.

The user may not attempt to obtain the contents by using means or procedures other than those made available to them or indicated for this purpose on the Website; or, in general, those normally used on the Internet to this end, provided that they do not entail a risk of damage to or disablement of the Website, the Services and/or the contents.

The user will be liable for damages of any nature that ORQUEST SOFTWARE, S.L. may suffer, directly or indirectly, as a result of the breach of any of the obligations arising from the general terms and conditions or the law regarding the use of the Website.

Use of the Blog

The user commits to participate and to make a suitable and lawful use of the ORQUEST SOFTWARE, S.L.Blog following the terms and conditions described in this document and, specifically, the following indications:

– Always try to make constructive comments, making their own contributions that are of collective interest.

– This is a moderated blog. It means that a moderator/administrator will ensure that the rules are followed and that the blog functions properly. At any time, moderators may delete or not publish a message if they deem that it does not comply with these basic rules. As a user, if you do not agree with the deletion of a specific message, you can contact the organisation at info@orquest.com. You may send them your complaint or ask for the reasons why the message was removed.

– Public disparagement, insults and personal disqualifications of any kind will not be tolerated and will lead to the message been removed.

– Impersonating another user (commenting with their username) is not allowed.

– Any other matter that is considered a crime by law is prohibited.

– Publishing any content that breaches any industrial or intellectual property rights through the blog is prohibited. When referencing a published work, the author and the medium of publication should be mentioned.

Duration of service and access to the Website and/or services

Access to the ORQUEST SOFTWARE, S.L.Website has an indefinite duration. ORQUEST SOFTWARE, S.L.reserves the right to suspend, deny or withdraw access to its Website, at any time and without notice, to those users who do not comply with these General Terms and Conditions or the special conditions that apply.

ORQUEST SOFTWARE S.L. may also temporarily suspend the services and content of the Website to perform maintenance, improvement or repair operations.

Additionally, ORQUEST SOFTWARE, S.L. reserves the right to restrict access to some sections of the Website to the general public, and limit this access only to specific users or groups of users through the delivery of an access password for which they will be responsible.

Intellectual property

All the contents of www.orquest.com are the intellectual property of the company and are protected by the national and international legislation on intellectual property in force, including graphic material, graphics, text, video and audio clips, brands, logos and other content available on this website.

Using the content mentioned on our Website page is absolutely forbidden without the previous written authorisation of ORQUEST SOFTWARE, S.L. Setting this page as a frame for others is forbidden. However, it is possible to create a link to our Internet address (www.orquest.com) as long as it does not relate to false, inaccurate, incorrect, misleading or confusing statements or statements that are contrary to the law, morals or good customs.

The user may download the Website to their terminal exclusively for private use, and may not exploit, reproduce, distribute, modify, publicly communicate, transfer, transform or use the content of the Website for public or commercial purposes. The ownership of the content belongs to ORQUEST SOFTWARE, S.L., including any software or downloadable code, images incorporated in or generated by the software and all data accompanying it; a prior license must be granted for its lawful exploitation.

Violating any of the above rights may constitute a breach of these provisions, as well as an offence punishable under Articles 270 et seq. of the Criminal Code.

Disclaimer of warranties and liability

ORQUEST SOFTWARE, S.L.makes every effort to avoid any error in the contents of the Website. However, it does not guarantee or take responsibility for any errors in the contents of the Website and, in particular, those manipulated or introduced by a third party.

ORQUEST SOFTWARE, S.L.does not guarantee the availability and continuity of the operation or the nonexistence of interruptions or errors in the Website, and especially, when these arise from causes alien to ORQUEST SOFTWARE, S.L. or from a fraudulent action of the User. However, where possible, ORQUEST SOFTWARE, S.L. will give prior warning of such incidents and make its best efforts to avoid them. In any case, whatever the cause, ORQUEST SOFTWARE, S.L.will not assume any responsibility either for direct or indirect damage, consequential damage and/or loss of profits.

ORQUEST SOFTWARE, S.L. excludes any liability for damages of any kind that may derived from: (i) The interruption of the operation of or the unavailability of access to the Website. (ii) Privacy and security in the use of the Website by the User and/or non-consensual access by unauthorised third parties. (iii) The possible transmission of elements that negatively affect computer systems. (iv) The lack of veracity, accuracy, completeness and updating of the contents of the Website.

ORQUEST SOFTWARE . will try, as far as possible, to update and rectify the information hosted on its Website that does not meet the minimum guarantees of accuracy, reserving the right to remove those contents that are untrue, inaccurate and contrary to law, morals, public order and good customs. However, ORQUEST SOFTWARE S.L. will be exonerated from any responsibility for not updating or rectifying the Website, as well as for the contents and information provided therein.

ORQUEST SOFTWARE, S.L. is not responsible for the use that the user makes of the services and products of the Website or their passwords, nor any other material on the Website that infringes the intellectual or industrial property rights or any other right of third parties.

PRIVACY POLICY

Personal data processed

Through browsing of this website and the use of cookies, ORQUEST SOFTWARE, S.L. will obtain data from users (like the type of browser used, the operating system or the IP address) to improve browsing and effectively manage the site. Additionally, Additionally, ORQUEST SOFTWARE, S.L. will process the data provided by users, like name, surnames, e-mail address, telephone or CV, which may be requested through the different forms available on the website or that have been sent through the available e-mail addresses.

You will need to provide us with all the personal data that is marked as compulsory with an asterisk (*) on the various forms. If you do not provide us with the data requested and marked as compulsory, this could affect the purpose of the data subject’s request.

Purpose of the processing and legitimate basis

ORQUEST SOFTWARE will process the data that may be provided by the data subjects according to the following purposes:

  • To manage the requests for information and requests made by the data subjects themselves through the form provided for this purpose or, failing that, through the e-mail address indicated on the website. The legitimate basis for this processing is the consent given through the submission of the request. If there is a subsequent contractual relationship, the data that has already been provided will be processed based on the execution of the contract or pre-contract with ORQUEST.
  • To assess the data subjects’ applications in the company’s selection processes. The legitimate basis for this processing is the consent given by the data subject through the submission of the form.
  • To manage the requests for product information if they have arrived through a Landing Page, with a legitimate basis in the consent given by the data subject.
  • To manage the attendance and participation in activities, events and campaigns carried out by ORQUEST and/or its partners, with a legitimate basis in the consent given by the data subject through their registration.
  • To keep data subjects informed about ORQUEST offers, activities and campaigns. The legitimate basis for this processing is the consent given by the data subject through the submission of their request or, if there is a previous relationship, by the legitimate interest of ORQUEST to keep the data subject informed. The data subject may withdraw their consent or object to the processing at any time.
  • To allow the effective functioning of the website through the use of cookies, with a legitimate basis in the consent given by accepting them.
  • Formalize and provide the requested ORQUEST services, legitimized in the execution of the contract and relationship between the parties.

Storage of your data

ORQUEST SOFTWARE, S.L. will only store the data subjects’ personal data to the extent that these are necessary for the purpose for which they were collected and according to the legal basis that legitimised their processing.

In particular, ORQUEST SOFTWARE, S.L. will store the personal data obtained through the corresponding forms for the time necessary to manage and answer the communications related to consultations raised by the data subject, provided that the latter has not withdrawn their consent or exercised their rights of erasure, cancellation or limitation of the processing.

If a contractual or pre-contractual relationship with ORQUEST SOFTWARE, S.L.Is concluded through the provision of any of the services offered, your data will be stored for the duration of the relationship and, subsequently, for the periods in which any liability may arise for the parties.

Likewise, ORQUEST SOFTWARE, S.L. will store the personal data collected for the staff selectin process during the time necessary for the proper management of the selection and future selection processes for 2 years, and as long as the data subject does not withdraw their consent or exercises their rights.

If you exercise your rights, as recognised by data protection, ORQUEST SOFTWARE, S.L. may store the data duly blocked, without making use of them, as long as they may be necessary for the exercise of its right of defense if there are claims or in case legal, judicial or contractual responsibilities arise that should be dealt with and for which retrieving the data could be necessary.

Recipients or international data transfers:

The personal data collected through this website will not be communicated to third parties unless there is a legal obligation to do so. Personal data may be object of international transfers to providers located outside the European Economic Area subject to U.S. Privacy Shield requirements. Such processing is necessary to the management of communications, attention and provision of services required by users. Apart of above-mentioned processing and unless legal requirements, no additional international transfers will be carried out. This without prejudice to the information that may be collected through cookies from third parties consented. More information can be obtained in our Cookie Policy.

Data subject rights:

All interested parties have the right to obtain confirmation of the existence, or otherwise, of processing of their personal data. Likewise, the General Data Protection Regulation sets out the rights of data subjects:

  • Access to their data
  • Request the rectification and erasure of their data
  • Request the limitation of the processing and portability of their data
  • Object to the processing of their data where possible.

We will answer your request as soon as possible and, in any case, within one month of receiving it. This period may be extended by a further two months if necessary, taking into account the complexity and number of requests. The controller will inform the data subject of the extension within the first month of the request.

The data subject has the right to withdraw consent at any time, without this affecting the lawfulness of processing based on consent given prior to withdrawal.

To exercise your acknowledged rights, as a data subject you may contact the following e-mail address derechos@orquest.com or write to ORQUEST SOFTWARE, S.L., Calle Albasanz 16, CP 28037, Madrid-Spain. Additionally, you can contact the Data Protection Officer (DPO) at the following e-mail address dpo@orquest.com

Yes. As an interested party, you have the right to file a complaint with the Spanish Data Protection Agency (AEPD) as the supervisory and control authority for data protection in Spanish territory.

Safety measures

ORQUEST SOFTWARE, S.L. has taken the appropriate technical and organizational measures to ensure an adequate level of security for the personal data it processes, and has implemented other means and additional technical measures at its disposal to prevent the loss, alteration, processing or unauthorized access to the data of its users.

COOKIE POLICY

ORQUEST SOFTWARE S.L. needs to implement cookies to offer their content on the website and also provide its users a better service. Cookies are small text files containing information that are downloaded to the device of any user visiting a website. After they are installed, cookies can be returned to the website of origin (first-party cookies) or to other websites (third-party cookies).

Cookies allow a website to recognise a user’s device, making browsing easier, remembering preferences and generally improving the user’s experience by helping to provide them with information and services in line with their interests. Cookies do not store sensitive information about you, such as credit card or bank details, photographs, your ID or personal information, etc.

Current law allows us to store cookies on your device if they are strictly necessary for the operation of this website. For all other types of cookies we need your permission. Therefore, we inform our users that this website uses different types of cookies that can be classified:

According to their purpose:

  • Technical or essential cookies: those strictly necessary for the correct functioning of the website.
  • Statistics cookies: they help website owners understand how visitors interact with websites by gathering and providing information anonymously.
  • Preference cookies: they allow the website to remember information that changes the look or behavior of the website based on user settings.
  • Marketing cookies: they are used to track visitors to the websites. They are intended to show relevant and attractive ads for the individual user.

According to how long they remain active:

  • Session cookies:those that save only user information during the time of their visit our website.
  • Persistent cookies: those that retain information on users who repeatedly access our website, thus remembering the preferences selected.

According to the entity that manages them:

  • Own cookies: those managed by our website, which the user accesses and requests its service.
  • Third-party cookies: those placed by third-party services that appear on our website (such as Google, YouTube or LinkedIn).

As a result of using third-party cookies, your data may be subject to international transfers. Further information on this matter can be found in the relevant suppliers’ policies provided below: Google Privacy Policy and Google Analytics Cookie Usage.

This website is not responsible for the content or accuracy of the privacy policies that third parties mentioned in this Cookie policy may have on their websites.

List of cookies used

The following are the cookies used on this website.

Category: Essential (2)

Nombre de la cookieProveedorTipoCaducidad
__cfduid zdassets.comHTTP1 año
CookieConsentorquest.comHTTP1 año

Category: Preferences (3)

Nombre de la cookieProveedorTipoCaducidad
_AVESTA_ENVIRONMENmc.us4.list-manage.comHTTPSesión
_icl_current_languageorquest.comHTTP1 día
Langcdn.syndication.twimg.comHTTPSesión

Category: Statistics (5)

Nombre de la cookieProveedorTipoCaducidad
__cfduidzopim.com
HTTP1 año
_gaorquest.com
HTTP2 años
_gatorquest.com
HTTP1 día
_gidorquest.com
HTTP1 día
AWSALBzopim.com
HTTP6 días

Category: Marketing (13)

Nombre de la cookieProveedorTipoCaducidad
__widgetsettingstwitter.com
HTTPPersistente
_zlcmid
orquest.comHTTP1 año
GPS
youtube.com
HTTP1 día
i/jot/syndication
twitter.com
PixelSesión
IDE
doubleclick.net
HTTP1 año
local_storage_support_testtwitter.com
HTTPPersistente
personalization_idtwitter.com
HTTP2 años
PREF
youtube.com
HTTP8 meses
r/collect
doubleclick.net
PixelSesión
test_cookie
doubleclick.net
HTTP1 día
VISITOR_INFO1_LIVE
youtube.com
HTTP179 días
YSC
youtube.comHTTPSesión
yt-player-headers-readable youtube.comHTMLPersistente

Disabling or deleting cookies

You can change or withdraw your consent at any time through this Cookie Policy that is available on our website. Cancel consent

In turn, you can change your browser’s cookie settings as indicated below:

Blocking or disabling all cookies may limit website experience, limit functionality or even prevent the proper browsing or use of some of its services.

COMMON PROVISIONS

Amendments to the General Terms and Conditions, Cookie Policy and Privacy Policy

Regarding the Legal Notice, the General Terms and Conditions and the Policies set out herein, ORQUEST SOFTWARE, S.L.reserves the right to modify, at any time and without prior notice, their content, presentation, and the settings of the Website. However, the duty to inform users will be fulfilled by publishing the amendments on this Website. Therefore, the user acknowledges and accepts their responsibility to check this Legal Notice frequently for possible changes, so that they are aware of the latest applicable version.

Legislation and jurisdiction

The provision of the service is governed by Spanish legislation. In the event of disputes or matters relating to the use of this Website, the User expressly submits to the Courts of Madrid.

Date of update:October 2020