LEGAL NOTICE
AND TERMS OF USE

Index

Object

In compliance with the duty of information set forth in Article 10 of Law 34/2002, on Information Society Services and Electronic Commerce, ORQUEST SOFTWARE (hereinafter, also the “Provider“), as the party responsible for the ORQUEST SOFTWARE (hereinafter, the “Website“), makes this document available to users, which regulates the use of the Website.

Likewise, all users are informed of the conditions of access and use of the Website, including its contents and services, which must be read carefully and will be applicable, together with any other specific conditions that may be made available to the User during the provision of the services.

Owner: ORQUEST SOFTWARE S.L.
N.I.F.: B-88422050
Registered office: C/Albasanz 16, 28037 Madrid
E-mail: info@orquest.com
E-mail Delegado de Protección de Datos: dpo@orquest.com
Telephone: 913758375
Registered in the Mercantile Register of Madrid, volume 39.374, folio 90, page number M-699129.

The conditions and terms that will govern the use and access to content and services by the User are provided below.

Conditions of access and use of the Website

Any person accessing this website shall be considered a user (hereinafter the “User“), who expressly and voluntarily accepts the provisions included in this Legal Notice and Terms of Use, as well as any other legal provisions that may be applicable in their relationship with the Provider. The provision of services by ORQUEST SOFTWARE through the Website is, in general, free of charge for Users.

The User guarantees the authenticity of the data communicated through the forms provided on the Website, and shall be held solely responsible for any false or inaccurate statements made and for any damages caused to the Provider or third parties.

The use and contracting of services through the Website by minors without adult supervision is prohibited.ORQUEST SOFTWARE shall not be liable for the improper use of the Website by a minor.

In order to use the services, minors must have the consent of their parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by the minors in their care; the Provider cannot be held liable in this respect.

The User undertakes to make appropriate use of the Website and its contents, refraining from using the same for illicit or prohibited purposes, harmful to the rights or interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of computer equipment or documents, files and all types of content stored in any computer equipment of the Provider.

Use of the Blog

The user undertakes to participate and make proper and lawful use of the ORQUEST SOFTWARE Blog in accordance with the conditions described in this document and, in particular, by the following indications:

  • Always try to make constructive comments, and with your own contributions and of collective interest.
  • This is a moderated blog. This means that a moderator/administrator will ensure compliance with the rules and proper functioning of the blog, and may remove or not publish a message if it does not comply with these basic rules. If as a user you do not agree with the removal of a particular message, you can contact info@orquest.com.
  • Public disparagement, insults and personal disqualifications of any kind will not be tolerated and will result in the deletion of the message.
  • Impersonating another user (writing using their username) is not allowed.
  • Any other matter that is considered a crime by law is prohibited.
  • It is forbidden to transmit through the blog any content that violates any industrial or intellectual property rights. It is required to mention the author and the publication medium when an editorial reference is made.

Disclaimer of warranties and liability

The Provider disclaims any liability for the information published on this Website, provided that this information has been manipulated or introduced by an outside third party. ORQUEST SOFTWARE shall only be responsible for the contents and information of the Website created and developed by it, without assuming responsibility for content altered, generated or published by third parties or on other websites that are not owned by ORQUEST SOFTWARE.

ORQUEST SOFTWARE will not assume responsibility for the content or aspects of third party websites linked through links, buttons or other means available on the Web Site, these being managed by third parties outside ORQUEST SOFTWARE.

ORQUEST SOFTWARE does not guarantee the non-existence of interruptions or errors in accessing the Website or its content, nor does it guarantee that it is completely up to date, although it will make its best efforts to avoid them, correct them, update them and maintain the highest possible quality.

ORQUEST SOFTWARE shall not be liable for damages of any nature that may arise from the lack of availability, maintenance and effective functioning of the Website or its services and content, nor for any possible security errors that may occur in the user’s computer system as a result of the presence of viruses in the devices used to connect to the services.

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

Access to the ORQUEST SOFTWAREwebsite is for an indefinite period of time. ORQUEST SOFTWARE reserves the right to suspend, deny or withdraw access to its website at any time and without prior notice to those users who do not comply with these General Conditions or the particular conditions that may apply.

Likewise, it may temporarily suspend the services and contents of the website in order to carry out maintenance, improvement or repair operations.

Furthermore, ORQUEST SOFTWARE reserves the right to restrict access to some sections of the website to the general public, limiting it only to specific users or groups of users by providing them with an access password for which they will be responsible.

Cookies

This Website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the correct functioning of the website, as well as for the visualization of the content offered and the provision of services requested by the User. In any case, for more information, you can access our Cookies Policy.

Protection of personal data

ORQUEST SOFTWARE guarantees the protection of all personal data provided by the User through the contact, registration and purchase forms in compliance with the provisions of the General Data Protection Regulation and current legislation. For more information about the treatment of your personal data you can access our Privacy Policy.

Intellectual and industrial property

The Website, including but not limited to programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts, contents, photographs and/or graphics are the property of ORQUEST SOFTWARE or, if necessary, it has the license or express authorisation from the authors for its use. All the contents of the Website are duly protected by intellectual and industrial property regulations.

The total or partial reproduction, use, transformation, distribution and/or public communication require the prior written authorisation of ORQUEST SOFTWARE, its use being unlawful without prior authorisation and without the mere use of the Website implying the transfer of intellectual or industrial property rights.

However, the User may use and obtain copies of the contents of the Website solely for personal, educational and non-commercial or professional purposes, and must in all cases respect the above and the intellectual and industrial property rights of ORQUEST SOFTWARE. Users must, in these cases, name the source and author of the materials used, including the URL of ORQUEST SOFTWARE.

ORQUEST SOFTWARE. is not responsible for the use that third parties may make of the content or images protected by intellectual property rights. Violations and infringements, by Users or third parties, of the intellectual and industrial property rights of ORQUEST SOFTWARE, may give rise to the exercise of the corresponding legal actions in each case for the correct safeguarding of such rights.

Modification of the Conditions

ORQUEST SOFTWARE reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and these conditions.

However, the duty to inform users will be fulfilled through publication on this Website. The User acknowledges and accepts that it shall be his/her responsibility to periodically review this Legal Notice in the event of possible modifications to the Conditions, so that the latest version applicable in each case is known.

Applicable law and jurisdiction

The relationship between ORQUEST SOFTWARE and the User shall be governed by the regulations in force and the common laws of Spanish law.

For the resolution of disputes or liabilities that may arise from the provision of services, the parties agree to submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of the city of Madrid (Spain).

PRIVACY POLICY

This Privacy Policy shall be applicable to web users of the company ORQUEST SOFTWARE S.L.(hereinafter, “ORQUEST SOFTWARE“) in relation to the processing of personal data provided through the channels provided.

Identity of the Data Controller

  • Owner: ORQUEST SOFTWARE S.L.
  • N.I.F.: B-88422050
  • Registered office: C/Albasanz 16, 28037 Madrid
  • E-mail: info@orquest.com
  • Data Protection Delegate: dpo@orquest.com

Data processed

The personal data processed will be those collected and provided by users and customers through the contact channels available on the Website such as, for example, the email address or registration, being treated by ORQUEST SOFTWARE confidentially and adopting appropriate security measures in accordance with current legislation on data protection.

In addition, by browsing this website and through the use of cookies, ORQUEST SOFTWARE collects data from users in order to improve their browsing and effectively manage the portal.

Purposes and legitimacy of the processing

ORQUEST SOFTWAREwill process your personal data for the purposes indicated below:

  • Respond to requests for information and requests made by the interested parties themselves through the channels and email provided on the website. This treatment is legitimized by the consent granted by the interested party through its referral.
  • Keep you informed about products and services similar to those contracted; based on the existing relationship and legitimate interest of ORQUEST SOFTWARE in its maintenance or on the consent shown by the user. The interested party may oppose them at any time.
  • Formalize and provide the requested ORQUEST services, legitimized in the execution of the contract and relationship between the parties.
  • Evaluate your candidacy in the company’s selection processes. This treatment is legitimized with the consent of the interested party by submitting the form.
  • Allow the effective functioning of the website through the installed cookies, based on the legitimate interest of the company and the user’s consent shown with the acceptance of them.

Users of our website are informed of the need to provide all mandatory data in order to fulfill the aforementioned purposes. These fields are identified by an asterisk (*).

In the event that you do not provide us with said data, this may lead to the inability of ORQUEST SOFTWARE to fulfill such purposes.

Data retention

The personal data provided by users will be kept for the time necessary to effectively comply with the purposes indicated above.

In particular, ORQUEST SOFTWARE will keep the personal data submitted by users for as long as they are necessary to respond to queries and they have not withdrawn their consent or exercised their rights. Likewise, customer data will be kept for the duration of the relationship and, upon its termination, for the legal periods foreseen in which responsibilities may arise for the parties.

For more information about the retention periods for information relating to browsing data and cookies, please visit our Cookie Policy.

Recipients and international data transfers

Your data will only be communicated to the extent that such communication is necessary or obligatory in accordance with the legislation in force.

No international data transfers are planned, although information collected by third party cookies may be subject to such operations. You can obtain more information about these transfers in our Cookie Policy.

In the event that an international transfer of data is necessary, ORQUEST SOFTWAREundertakes to comply with the necessary technical and organizational measures, without prejudice to the obligations arising from current legislation on data protection.

Rights of data subjects

At any time, users may exercise the following rights recognised by current data protection legislation:

  • Right of Access: allows the user to know what information is held, where it has been obtained from, to whom it has been provided and for what purposes it has been processed.
  • Right of Rectification: allows the user to rectify any erroneous or outdated data.
  • Right of Deletion: this allows the user to request that their data no longer be processed.
  • Right of Limitation: allows the user to restrict the processing of their data, but in such a way that they are kept for some later purpose (a legal claim, for example).
  • Right of portability: this allows the user to obtain a copy of their data in electronic form and, in certain circumstances, to request that it be communicated to another service provider.
  • Right of Opposition: allows the user to oppose ORQUEST SOFTWARE‘s legitimate interest in requesting the cessation of the processing of their data.
  • Right to Withdraw Consent, at any time, with respect to the processing of their personal data, without affecting the lawfulness of the same.

You may exercise these rights by sending an e-mail to ORQUEST SOFTWARE, indicating which right you wish to exercise and providing your ID card or similar document proving your identity.

Finally, we inform you that you may contact the Data Protection Delegate through ORQUEST SOFTWARE as well as file a complaint with the Spanish Data Protection Agency, through its website.

Security measures

ORQUEST SOFTWARE has adopted the appropriate technical and organizational measures to guarantee an adequate level of security for the personal data it processes and has implemented other additional technical means and measures within its reach to prevent the loss, alteration, processing or unauthorised access to its users’ data.

Modification of the privacy policy

ORQUEST SOFTWARE reserves the right to modify this Privacy Policy, always in accordance with the terms permitted by current Spanish legislation and with the corresponding communication to users, by means of publication on this website or by any other means of communication or dissemination deemed appropriate.

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.

Disabling or deleting cookies

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

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.

Update date: 26/07/2022.