In compliance with Spanish Law 15/99 of December 13, “Protection of Personal Data”, we inform you that all personal data of the website (hereinafter WEBSITE) and all data collected by any means by AGORA VOTING SL (hereinafter, AGORA VOTING) are part of a file owned by AGORA VOTING, based in 31M, Fuente del Rey, 28023 Madrid, Spain and with tax identification number ESB87138467. The purpose of this file is to manage the relationship with CLIENTs, offer information and news about AGORA VOTING and refer you send commercial communications by any means, including electronic means, about AGORA VOTING products and services.
At anytime you may exercise your rights of access, rectification, cancellation and opposition granted by current legislation on the subject, by writing to the above postal address or email[email protected] indicating clearly the right to exercise and attaching a copy of ID card or similar documentation.
The CLIENT that has the database in order to make electronic voting in ownership AGORA VOTING platform states that it has collected all the personal data in accordance with the provisions of Spanish Law 15/99, 13 December of Protection Personal Data (hereinafter LOPD) and its implementing regulations, exonerating any responsibility AGORA VOTING otherwise.
For this purpose, AGORA VOTING acts exclusively as data processor, for and on behalf of the CLIENT and in the terms provided in the data protection legislation.
1. Confidential Information
1.1. AGORA VOTING is committed to keep the strictest secret and classified information as confidential. Any data to which AGORA VOTING accesses under this contract shall be deemed to be Confidential Information, in particular the CLIENT or ORGANIZER information and data accessed during the contract’s execution. AGORA VOTING agrees not to disclose such Confidential Information, and not to publish it in any other way, either directly or through third parties or companies, nor to make it available to third parties without the prior written consent of the CLIENT.
1.2. Similarly, AGORA VOTING undertakes, after the termination of this contract, not to retain any copies of the Confidential Information.
1.3 The confidentiality obligations set forth in this clause shall be indefinite, remaining in force after the termination, for any reason, the relationship between AGORA VOTING and the CLIENT.
2. Data Processor and Data Owner
2.1 The Client as owner of the personal data declares to have complied with the provisions and guarantees provided by spanish law 15/99, December 13 LOPD and Royal Decree 1720 / 2007, December 21, approving the Regulations implementing the Organic Law of Protection of Personal Data (“hereinafter RLOPD”), and for this purpose declates that the database owned by the CLIENT complies with the regulatory provisions and that the personal data has been collected with the consent of the owners, fulfilling the duty of information and security measures provided for this purpose.
2.2. AGORA VOTING for the service contract and in its capacity as data processor in any case act under the provisions of Article 12 of the LOPD and articles 20 et seq of the Implementing Regulation
2.3. AGORA VOTING keep the strictest confidence over personal data that is subject to processing and to which the CLIENT has the status of data controller and to which AGORA VOTING accesses as a data processor.
2.4. The CLIENT is the only one who will decide on the purpose, use and processing systems of the data accessed by AGORA VOTING who only processes the data as instructed by the CLIENT.
2.5 AGORA VOTING will not apply or use the data for purposes other than set out in this contract, nor will communicate this data to others. In the event that AGORA VOTING determines to third party companies all or part of the contracted services, AGORA VOTING shall communicate in advante to the CLIENT.
2.6 AGORA VOTING shall implement in its information systems and technology service platform the security measures corresponding to the high level as established by RLOPD.
3. ARCO Rights Management
3.1 CLIENT is responsible for the reception, management and response to requests for access, rectification, cancellation and opposition that can present those affected. To this end, all treatments carried out by AGORA VOTING that causes direct, postal or electronic communication must include an indication of the possibility of exercising rights of access, rectification, cancellation and opposition before AGORA VOTING.
3.2 CLIENT must cancel, update or modify on the platform where necessary the data of those users who have exercised the ARCO rights in platform owned by AGORA VOTING.
3.3 Given the possibility that an affected party erroneously communicates with AGORA VOTING to exercise its rights, once this event is detected as such by AGORA VOTING, AGORA VOTING agrees to refer to the CLIENT at the earliest the requests for access, rectification, cancellation and opposition received from those affected by the data processing happening on the platform owned by AGORA VOTING of files owned by the CLIENT.
4. Post-contractual Information Processing
4.1. Once fulfilled the the contractual provision, the personal data in systems and supports of AGORA VOTING property shall be destroyed or returned to the CLIENT.
4.2. AGORA VOTING only keeps the data that is necessary to provide evidence to a possible claim for liability arising from its processing. Preservative prior blocking of data will take place, so that its processing is prevented and its duration may not exceed the period of limitation for such responsibilities. During the data retention period the same security measures as during the processing should be applied.
5. Legislation and jurisdiction
5.1 For any divergence arising from this contract, both parties expressly submit themselves to Spanish law and to the Courts of the City of Madrid.