Terms and conditions of use
- Introduction
- Thanks for choosing RCM Software. By using and accessing to this website and URLs derivated from www.rcm.es, wwww.rcmsoftware.us (hereinafter the websites) You grant a biding contract with our company, your contract with us includes your acceptance of these “Terms and conditions of use” and our “Privacy Policy” If you disagree with any of our terms, please leave our websites.3. The websites are owned by RCM Software S.L (hereinafter RCM) its corporate name is RCM Software and its headquarters in Calle Edgar Neville, number 6, 28010 Madrid with CIF No. B-61255667. Registered in the mercantile registry in volume 2665, folio 191 sheet M-689591.
- RCM indicates that it is the User’s obligation to read these conditions of use of the websites, considering them valid and therefore applicable. We recommend Users to print and keep a copy of these “Terms and conditions of use” in order to be aware of them later, although said information will be available at all times on the website (www.rcm.es) . All the conditions can be stored and reproduced by the Users/clients through any tool of the existing conventional word processors in the market.
- RCM indicates that it is the User’s obligation to read these conditions of use of the websites, considering them valid and therefore applicable. We recommend Users to print and keep a copy of these “Terms and conditions of use” in order to be aware of them later, although said information will be available at all times on the website (www.rcm.es) . All the conditions can be stored and reproduced by the Users/clients through any tool of the existing conventional word processors in the market.
- In order to use and browse the RCM websites, the User must (a) be 18 or older, or be 16 and have parental or guardian consent to these terms, (b) have the capacity to enter into a contract binding with us and that no applicable law prohibits it, and (c) be a resident of Spain. The User also guarantees that all information provided to RCM is true, accurate and complete, and accepts that it is so at all times.
- Object
- It is the object of these terms and conditions of use, the regulation of navigation, access and use of the portal and its information (Browsing, that is, browsing a space with the purpose of recognizing objects in it), this factual behavior supposes the automatic legal acceptance and without any modification, of the terms, conditions and warnings contained in this text. The behaviors described confer the condition of User without the need for a conventional signature by the User, in terms of the terms established herein without prejudice to the application of the corresponding mandatory regulations. It is RCM’s obligation to warn that, if the User disagrees with the terms present in this document, the User must refrain from accessing the websites, for which RCM immediately invites them to leave this website if they agree with the aforementioned caveat.
- The User declares himself as a natural or legal person, RCM declares, and the User acknowledges, that RCM provides a great diversity of information, services and data, the User assuming his responsibility in the correct use of the websites. This responsibility will extend to all those uses and practices carried out by the User within the websites, as well as the use of the information, services and data offered by RCM.
- User Guidelines.
We have established a series of basic rules so that the User can follow them when accessing our websites, as well as when contracting our services. Please follow these rules:- Website Access Guidelines.
To access the websites, the User must have Internet access and connection, pay the access fees, have the equipment/device and electronic systems necessary to connect to the network, including a terminal that is suitable for the purpose (computer, telephone, tablet, etc.) and a modem or other similar or similar access device. - Guidelines for the use of websites by the user.
The User is aware that the correct access and use of certain contents and services of the websites may involve the downloading of certain computer programs or other logical elements to their computer devices. The User is solely responsible for the installation of the aforementioned elements, and RCM declines any type of responsibility that may arise from it.
The User will refrain from carrying out actions that damage, interrupt or generate errors in the RCM systems, as well as from introducing programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any type of changes in computer systems.
RCM reserves the right to deny or withdraw access to the websites and/or the Services, at any time and without prior notice, to those Users who fail to comply with the terms and conditions of use. - Limitation of liability of RCM for the use of the websites.
Websites may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the websites complies with the laws that may be applicable in each case. RCM will not be responsible for any error, inaccuracy or irregularity that may be contained in the advertising or sponsor content.
RCM makes every effort to offer the information contained on the websites truthfully and without typographical errors. In the event that at any time an error of this type occurs, at all times beyond the control of RCM, the error will be corrected as soon as possible and the User will be provided with the information and options established in the valid legislation.
RCM will not be liable to the User, insofar as:
The effectiveness of the connection as well as the speed of access to the websites by the User. Interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system for reasons beyond RCM.
The information entered by Users and third parties, outside RCM and with whom no type of agreement or contractual collaboration is maintained. - Link Policy and Disclaimers.
RCM is not responsible for the content of the web pages that the User can access through the links established on the platform and declares that in no case will it proceed to examine or exercise any type of control over the content of other pages of the platform. net. Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of pages outside its property that can be accessed through the links.
RCM declares that it has adopted all the necessary measures to avoid any damage to the Users of its websites that may arise from browsing its websites. Consequently, RCM is not responsible, in any case, for any damages that the User may suffer from browsing the Internet. - Validity of this text.
RCM reserves the right to make any changes it deems appropriate, without prior notice, to the content of the website. Both in relation to the contents of the sites, and in the conditions of use of the same. Said modifications may be made, through the website, by any legally admissible form and will be mandatory during the time that they are exclusively published and available on the websites and until they are modified by subsequent ones. - Intellectual and industrial property.
All the texts, images, content, logos, registered trademarks or not, as well as the means and forms of presentation and assembly of the websites, are the original or derivative property of RCM. Consequently, they are works or contents protected as intellectual property and/or industrial property by the Spanish legal system in accordance with Royal Legislative Decree 1/1996, of April 12th, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter and by Law 17/2001, of December 7th, on Trademarks, being also applicable both the related Spanish and community regulations in the aforementioned fields, as well as the international treaties related to the matter and signed by Spain.
All rights to the contents are reserved, and the reproduction, distribution, public communication, transformation and/or any form of use of all or part of the contents of the websites without the express consent of RCM is expressly prohibited. - Applicable law and jurisdiction.
RCM also reserves the right to file civil or criminal actions it deems appropriate for the improper use of its web pages and content, or for breach of these conditions.
The parties agree, of their free will, that the relationship between the User and RCM will be governed by current Spanish regulations and will be competent to decide on any dispute that may arise between the User and RCM, the courts or tribunals of the town of Barcelona. - Data protection policy.
- In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27th, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of this data and by which Directive 95/46/EC is repealed, RCM informs the User in relation to the websites www.rcm.es or alternative domains (www.rcmsoftware.us…) and derivatives (hereinafter, websites ), that the information that may be collected on the websites will be incorporated into the treatment systems that are the responsibility of RCM, for the purpose of managing and maintaining the relationship between the User and the websites, as well as the tasks of information, statistics, and marketing of services and activities related to them.
- RCM informs that the legitimate basis that covers the indicated treatments is the existence of a legitimate interest, also in terms of the installation of cookies they are legitimated in the existence of the consent given by the interested parties or, where appropriate, of the their legal representatives.
RCM informs that the data will be kept for as long as the consent given by the User lasts, except for those cases in which we are legally obliged to keep it.
In accordance with the rights conferred by current regulations on data protection, the User may contact the competent Control Authority to present the claim they deem appropriate, as well as exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition to the processing of your personal data, as well as the withdrawal of the consent given for the processing thereof.
In accordance with the provisions of article 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27th, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46/EC is repealed, RCM undertakes to adopt the necessary technical and organizational measures, according to the level of risks that accompany the treatments carried out by them and indicated in the section on the terms and conditions of use, in a way that guarantees its integrity, confidentiality and availability.
Likewise, RCM informs that in the event that the User enters data in the forms of third-party websites, the latter will be responsible for the personal data, and who must adopt the technical measures described in the section of these Terms and Conditions of Use.
RCM informs of the possibility of exercising the rights of access, rectification, treatment limitation, deletion, portability and opposition to treatment, of which the User has and that can be exercised before RCM. In accordance with Chapter III of the RGPD, you must take into account the following nuances:- Right of Rectification: It is the right of the affected party to modify the data that turns out to be inaccurate or incomplete. It can only be satisfied in relation to that information that is under the control of RCM, for example, deleting comments published on the page itself, images or web content containing personal data of the user.
- Right to Limitation of treatment: It is the right to limit the purposes of the treatment originally planned by the person in charge of the treatment.
- Right of Deletion: It is the right to delete the user’s personal data, except as provided in the RGPD itself or in other applicable regulations that determine the obligation to preserve them, in a timely manner.
- Right of portability: The right to receive the personal data that the user has provided, in a structured format, for common use and mechanical reading, and to transmit them to another person in charge.
- Right of Opposition: It is the right of the user not to carry out the processing of their personal data or to cease the processing thereof by RCM.
- Right of Rectification: It is the right of the affected party to modify the data that turns out to be inaccurate or incomplete. It can only be satisfied in relation to that information that is under the control of RCM, for example, deleting comments published on the page itself, images or web content containing personal data of the user.
- Website Access Guidelines.
The mere access to the websites, as well as all or part of their contents and services, implies the acceptance and mandatory compliance, prior to access and without reservations, of this legal notice.
Madrid, April 26th, 2019.