These Terms of Use regulate the download, access and use of the Report2box whistleblower channel software, which PROTECCIÓN DE DATOS DATAX, S.L. makes available to clients in order to offer them whistleblower channel software that they can implement in their companies.
1. GENERAL
In compliance with the general information obligation set out in Article 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we hereby inform you that PROTECCIÓN DE DATOS DATAX, S.L., registered in the Companies Register of Barcelona, in Volume 38970, Folio 52, Page Number B333543, 1st entry, with VAT (Tax Identification) Number B64334634 and address at C/ Bobinadora, 1-5 - 1r 15-17 08302 Mataró (Barcelona), is the party responsible for the Application. If you wish to contact us, please send an email to [email protected].
By accessing Report2box, you acknowledge that you have accepted and unreservedly consented to each and every provision contained in all of the terms herein.
PROTECCIÓN DE DATOS DATAX, S.L. reserves the right to modify these Terms of Use in order to adapt them to current legislation applicable from time to time, as well as to make changes and updates that will be published in the Application and will be effective from the moment of their publication. If you do not agree to any updates to the Terms of Use, you may terminate your use of the Service.
By using Report2box, you declare that you are at least 18 years of age. Likewise, PROTECCIÓN DE DATOS DATAX, S.L. reserves the right to request additional documentation from its Users in order to prove that they are of legal age. DATA PROTECTION DATAX, S.L. does not collect information from minors. On suspicion that a user of the services is under the said age (18 years old), and that he/she has falsified the data required for access, PROTECCIÓN DE DATOS DATAX, S.L. may deny the said user access to the Services offered. In any case, parents and/or legal guardians of minors must ensure compliance with this provision, being responsible for such minors' actions.
PROTECCIÓN DE DATOS DATAX, S.L. will make all reasonable efforts to make the application available at all times. However, the user accepts that the availability of the Report2box application may be affected by factors beyond the reasonable control of the software.
PROTECCIÓN DE DATOS DATAX, S.L. is responsible for the processing of the personal data of the client company and will not process the data of the end user (whistleblower). Only in the event that the client company contracts the services of PROTECCIÓN DE DATOS DATAX, S.L. to manage the complaints, it will be able to process the data of the end user (whistleblower) as the Data Controller and on behalf of the client company.
PROTECCIÓN DE DATOS DATAX, S.L. may also collect and automatically generate information from other areas of use, such as service metadata, login data, device information, IP addresses, third party data and information obtained from cookies.
In compliance with Regulation (EU) 2016/679 of 27 April 2016 and Spanish Organic Law 3/2018 of 5 December, by means of this document DATA PROTECTION DATAX, S.L. as Data Controller informs that it will process the data provided by the client company to activate the whistleblower channel and execute the contractual relationship between the parties. With respect to the data of the end users (whistleblowers), it will only process such data, if applicable, for the purpose of carrying out the assignment given by the client company consisting of the management of the reports. For this purpose, it shall process the data entered by the whistleblower, which may include data of a special nature.
The data will be processed and kept only for the time necessary to decide whether or not to open an investigation into the reported facts. In any case, three months after the data have been entered, they shall be deleted from the internal compliance system. The data may continue to be processed by the competent authority and body in the event of an investigation into the reported facts, but will not be retained in the internal compliance system itself. Any reports which have not been acted upon shall be kept anonymous.
PROTECCIÓN DE DATOS DATAX, S.L. shall adopt the necessary measures to preserve the identity and guarantee the confidentiality of the data corresponding to the persons affected by the information provided, especially that of the person who has brought the facts to the attention of the organisation, in the event that he/she has identified him/herself.
The user's data will not be communicated or transferred to third parties except by legal obligation or those providers linked to the Controller who act as data processors with whom the corresponding contract has been signed in accordance with the terms of the legislation in force.
Our servers are located in the European Union, and we generally engage service providers that are also located within the European Economic Area or in countries that have been declared to have an adequate level of protection.
If we need to use external service providers that require the transmission of personal data outside the European Union or in countries that have not been declared to have an adequate level of protection, we will ensure that we guarantee the security and lawfulness of the processing of your data by means of adequacy decisions, standard clauses, binding corporate rules, exemptions or any other instrument approved by the supervisory authority that provides adequate safeguards for the implementation of the international data transfer.
The legitimate basis for the processing of your data is the public interest.
You guarantee that the personal data provided is truthful, guaranteeing that all the information provided corresponds to the actual situation, that it is up to date and accurate.
You have the right to access your data and to obtain confirmation of its processing, as well as a copy of the personal data being processed. You have the right to request the rectification of data that is inaccurate or to request deletion when the data is not necessary for the purposes for which it was collected. You can request the limitation of the processing of your personal data. Similarly, you have the right not to be subject to decisions based solely on automated processing of your personal data. You can exercise your rights by contacting us at C/ Bobinadora, 1-5 1r 15-17 - 08302 Mataró (Barcelona). Email: [email protected]
If you feel that your rights have not been properly addressed, you have the right to lodge a complaint with the supervisory authority at www.aepd.es
The intellectual and industrial property rights over the Report2box are owned by PROTECCIÓN DE DATOS DATAX, S.L., which has exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.
Third-party holders of intellectual and industrial property rights over photographs, logos and any other symbols or content included in Report2box have granted the corresponding authorisations for their reproduction, distribution and making them available to the public.
You acknowledge that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorised benchmark test results of any of the elements and utilities integrated within the development constitutes an infringement of the intellectual property rights of PROTECCIÓN DE DATOS DATAX, S.L., and consequently undertake not to carry out any of the aforementioned actions.
PROTECCIÓN DE DATOS DATAX, S.L. reserves the right to edit, update, modify, suspend, eliminate or terminate the services offered, including all or part of their content, without prior notice, as well as to modify the form or type of access to the same.
The reasons for modification may include the need to adapt to possible legislative developments and changes in the Application itself, as well as those that may arise from existing standard codes on the subject, or for strategic or corporate reasons.
PROTECCIÓN DE DATOS DATAX, S.L. may not be held liable for the use of Report2box by a minor, the downloading and use of Report2box being the sole responsibility of the user.
The responsibility for the use of Report2box lies solely with the user. Except as set out in these Terms and Conditions, PROTECCIÓN DE DATOS DATAX, S.L. is not responsible for any loss or damage that may occur in relation to the download or use of Report2box, such as those produced as a result of failures, breakdowns or blockages in operation (for example, and without limitation: error in communications lines, defects in hardware or software or failures in the Internet network). Likewise, PROTECCIÓN DE DATOS DATAX, S.L. may not be held liable for any damage caused as a result of improper or inappropriate use by users.
6. LEGISLATION AND JURISDICTION
The applicable law in case of dispute or conflict of interpretation of the terms that make up the legal texts, as well as any question related to the services of this website, will be Spanish law.
Privacy Notice
In order to receive and process your complaint, you must confirm that you have read this Privacy Notice. If you do not accept the terms and conditions as set out in the notice, you will not be able to file a report.
Remember that this channel is not intended for reporting emergencies.
Here is some basic information about how we treat your personal data:
Data controller | INSTITUT CATALÀ D’INVESTIGACIÓ QUÍMICA with VAT Number G43619550 is responsible for the processing of the personal data of the data subject and informs you that it will be processed in accordance with the provisions of current legislation on personal data protection, namely Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Spanish Organic Law 3/2018 of 5 December (LOPDGDD). |
Purpose of the processing | We will process the personal contact details and the facts reported in order to manage and resolve the complaint received. |
Legitimacy of the processing | The basis for the legitimacy of the processing of the data is the fulfilment of a task carried out in the public interest, as well as the fulfilment of a legal obligation. |
Data retention | The data shall be kept only for the time necessary to decide whether or not to initiate an investigation into the facts reported. In any case, three months after the data have been entered, if the complaint has not been successful, they may be kept solely for the purposes of leaving evidence in the system, in an anonymised form. In the event that the complaint is successful, the data shall be deleted and blocked from the internal complaints system, and shall be kept for a period not exceeding ten years. The data may continue to be processed by the competent authority and body in the event of investigation of the reported facts. |
Data disclosure | Your data may be disclosed to service providers linked to the controller, who act as Data Processors. You are hereby informed that the data may be processed by data processors located outside the European Economic Area and that they guarantee an adequate level of protection under standard contractual clauses, so that there are no risks in the processing and secure communication is guaranteed. The data will only be disclosed to third parties when it is necessary for the adoption of disciplinary measures or for the processing of any legal proceedings that may be necessary, without prejudice to the notification to the competent authority of facts constituting a criminal or administrative offence. |
Rights of the Data Subject | You are hereby informed that you may exercise your rights of access, rectification, suppression and opposition of your data at FUNDACIÓ INSTITUT CATALÀ D’INVESTIGACIÓ QUIMICA.AV. PAÏSOS CATALANS N.º 16, 43007 – TARRAGONA. E-mail: [email protected]. You can also lodge a complaint with the supervisory authority at www.aepd.es if you consider that the processing does not comply with the regulations in force. |