Company Policies

This website is owned by CTAIMA OUTSOURCING Y CONSULTING S.L., with NIF nº B43715812 and registered office at c/ Salvador Espriu, 18, 43007 Tarragona, Spain, and registered in the Commercial Registry of Tarragona (Spain), Volume 1851, Folio 179, Sheet T-26178 ("CTAIMA"). For any inquiries or proposals, contact us by email at delegado-datos@ctaima.com. This website is governed by the regulations exclusively applicable in Spain, binding both nationals and foreigners who use this website.

Access to our website by the USER is free of charge and is conditioned upon the prior reading and full, express, and unreserved acceptance of the present GENERAL TERMS OF USE in effect at the time of access, which we ask you to read carefully. The USER, when using our portal, its contents, or services, explicitly accepts and agrees to abide by the general terms of use. If the user does not agree with these terms of use, they should refrain from using and operating through this portal.

The provision of personal data and the purchase of products through our portal requires a minimum age of 18 years, or, where applicable, having sufficient legal capacity to contract.

We may modify the presentation and configuration of our website at any time, expand or reduce services, and even remove it from the internet, as well as the services and contents provided.

A. Intellectual and Industrial Property Rights
All contents, texts, images and source codes are property of CTAIMA or third parties from whom their exploitation rights have been acquired. They are protected by Intellectual and Industrial Property rights.

USERS are only entitled to a private non-profit use thereof, and express authorisation is required to modify, reproduce, exploit or distribute them and to exercise any right pertaining to their right holders.

CTAIMA is a registered trademark. Any reproduction, imitation, use or insertion thereof without our authorisation is prohibited.

The establishment of links to our portal does not confer any rights associated with it. Likewise, the simple fact of establishing a link to our website does not entitle you to be granted the status of associate or partner.

CTAIMA accepts no liability for claims associated with the intellectual rights to the articles and images posted by third parties on its website.

The total or partial imitation of our website is absolutely forbidden.

B. Conditions of access and use
Access to our website is free of charge and requires no prior subscription or registration. However, certain services such as purchasing products and/or services are restricted to certain users and require a registration process and/or identification through passwords. These services will be duly identified on the website.

Sending personal data entails the express acceptance by the USER of our privacy policy.

USERS must access our website in good faith and according to standards of public order and the current General Conditions of Use. Access to our Website is carried out under the User's own and exclusive responsibility, and USERS will be liable in all cases for any damage caused to us or any third party.

USERS are expressly prohibited from using and obtaining the services, products and content offered on this website through procedures other than those contemplated herein and, where appropriate, in the specific conditions governing the acquisition of certain products.

USERS are prohibited from any type of action on our portal that causes an excessive operational overload of our computer systems, as well as the introduction of viruses or installation of robots or software that alters the normal operation of our website, or that may ultimately cause damage to our computer systems.

Taking into account the impossibility of controlling the information, contents and services contained on other websites that may be accessed through the links that may be made available on our website, we hereby inform you that CTAIMA is exempt from any liability for damages of any kind that the USER may incur from the use of these websites, which are external to our company.

CTAIMA reserves the unilateral right, without prior notice, to terminate the membership of any USER who the organisation believes has violated the conditions governing the use of our website. The USER will not be entitled to any sort of claim for such action. Likewise, it reserves the right to take appropriate legal action against anyone who violates these general conditions of use. The USER accepts that any failure to initiate an action does not constitute a formal waiver thereof. In this regard, they shall remain in force until the end of the legal periods of prescription for the infringements.

C. Privacy policy
Confidentiality and security are paramount values of CTAIMA. Consequently, we are committed to guaranteeing the User's privacy at all times and not collecting unnecessary information.

The provision of personal data through our portal requires a minimum age of 14 years and the express acceptance of our Privacy Policy.

D. Liability
By making this website available to users, we aim to offer a quality service, using maximum due diligence in the provision thereof and the technological means used. However, we shall not be liable for the presence of viruses and other elements that may in any way damage the User's computer system.

CTAIMA makes no guarantee that the availability of the service will be continuous and uninterrupted due to circumstances caused by problems on the Internet, malfunctioning computer devices or other unforeseeable circumstances. Thus USERS agree to endure these circumstances within reasonable limits, and therefore, expressly waive the right to claim from CTAIMA any liability for possible malfunctions, errors and use of the service.

USERS assume all liability arising from the use of our website and are solely responsible for any direct or indirect effect on the website derived from it, including by way of illustration and without limitation, any adverse economic, technical and/or legal effects, as well as the failure to meet the expectations generated by our portal, and Users undertake to hold harmless CTAIMA for any claims arising directly or indirectly from such events.

CTAIMA makes no guarantee as to the accuracy, truth and validity of the contents of this website, regardless of whether they are own, from third parties, or linked to other websites, and is totally exonerated from any liability arising from the use thereof.

CTAIMA accepts no liability arising from any claim, including the payment of attorney's fees, for claims and demands originated by third parties due to the USER's non-compliance with our terms of use, access and privacy policy, or any other claim for non-compliance with current legislation.

USERS acknowledge that they have understood all the information regarding the terms of use of our portal and acknowledge that they are sufficient to rule out any error in the same, and thus they fully and expressly accept them.

USERS are fully aware that the mere navigation of this website and the use of its services implies the acceptance of the existing terms of use.

All aspects related to our website are governed exclusively by Spanish law. In the event of any discrepancy or difference between the parties concerning the interpretation and content of this website, all parties submit to the Courts and Tribunals of Tarragona, expressly waiving any other jurisdiction.

E. Validity of the general terms of access to the website
The present General Terms of Use have been modified on 26/05/2023. We can modify them at any time: please check the date of issue any time you access our website to ensure that no changes have been made that may affect you.

For any questions regarding the Terms of Use of our website, you may contact us as indicated in the above contact information, or contact Lant Abogados at info@lant-abogados.com or www.lant-abogados.com.

Confidentiality and security are paramount values of CTAIMA. Consequently, we are committed to guaranteeing the User's privacy at all times and not collecting unnecessary information.

Below, we provide you all the necessary information about our Privacy Policy concerning the personal data we collect, explaining:
- Who is the data controller?
- The purposes for which we collect the data we request from you.
- The legitimacy for their processing.
- How long we keep them.
- The recipients to whom your data will be communicated
- What your rights are.

1. Controller

The society of the CTAIMA Group with which the client has formalized the contract:

• CTAIMA OUTSOURCING Y CONSULTING S.L. (B43715812)
• CTAIMA PORTUGAL UNIPESSOAL LDA. (516447068)
• CTAIMA ITALIA
• CTAIMA COLOMBIA S.A.S. (9017171431)
• CTAIMA MÉXICO S. de R.L. de C.V. (CME2304271LA)
• CTAIMA CHILE S.P.A. (77.758.906-7)
· C/ Salvador Espriu, nº 18, 43007 Tarragona E-mail: ctaima@ctaima.com
· Data Protection Officer: Lant Abogados (Advisors, S.L.P.) - delegado-datos@ctaima.com

2. Purposes, legitimacy and storage of the processing of sent data through:
• SENDING OF E-MAILS.
Purpose: To provide the information you request, respond to your requests and answer your inquiries or doubts. If we receive your Curriculum Vitae, your personal and curriculum data may be added to our databases to participate in our present and future selection processes.
Legitimacy: The User's consent when requesting information via the e-mail address or sending us their data and CV to participate in our selection processes.
Storage: Until after your e-mail request has been answered, whenever it has not generated new processing. When receiving your CV, your data may be kept for a maximum of one year for future selection processes.

· CONTACT FORM.
Purpose: To provide a means for you to contact us and respond to your request for information and send you communications about our products and services, including by electronic means if you check the acceptance box.
Legitimacy: The User's consent when requesting information through our contact form and by checking the acceptance box for the sending of information.
Storage: Until after your request via our form has been resolved or answered by e-mail, whenever it has not generated new processing. If you have agreed to receive commercial mailings, until you request to unsubscribe from them.

• ESTIMATE REQUEST.
Purpose: To send you an estimate for our services by electronic means and communications about our products and services, including by electronic means, if you check the acceptance box.
Legitimacy: The User's consent when requesting an estimate and by checking the acceptance box for the sending of information.
Storage: Until the requested information has been sent, whenever it has not generated new processing, and if you have agreed to receive commercial mailings, until you request to unsubscribe from them.

• CREATE AN ACCOUNT.
Purpose: To register you as a user and allow you access to the services reserved for the registered users of our website and to inform you about our products and services, including by electronic means.
Legitimacy: The User's consent to register through our registration form and the legitimate interest of the controller to keep its users/customers informed about our products and services.
Storage: For as long as the User is registered as a user on the website. As long as you do not exercise your right to oppose to commercial mailings or exercise your right to cancel your personal data.

· PURCHASE FORM.
Purpose: To manage your purchase orders and inform you about our products and services, including electronic means.
Legitimacy: Execution of the Contract and the legitimate interest of the controller to inform our customers about our products and services.
Storage: For the duration of the existing contractual relationship, and at the end of this, during the legally required retention periods to cover potential responsibilities. As long as you do not exercise your right to oppose to commercial mailings or exercise your right to cancel your personal data.

• SUBSCRIPTION TO OUR NEWSLETTER.
Purpose: Sending of our commercial newsletter and informational and advertising communications about our products and services that may be of interest to you, including by electronic means.
Legitimacy: The User's consent to subscribe to our commercial mailings and/or newsletters.
Storage: Until the interested party revokes consent and requests the cancellation of the service.

• APPLICATION FORM AND INFORMATION DOWNLOAD.
Purpose: Managing and processing your request and sending informational and advertising communications about our products and services that may be of interest to you, including by electronic means.
Legitimacy: The User's consent when filling out the form.
Storage: Until the interested party revokes consent and requests the cancellation of the service.

• TRAINING REGISTRATION FORM (CTAIMA ACADEMY)
Purposes:
a. To register you for the training course and manage its completion.
b. To publish your user name as a student on the training platform and on the virtual campus to identify you to the rest of the students and tutors.
c. To send you commercial information about courses, products and services, including by electronic means.

Legitimacy: Execution of the Contract and legitimate interest of the controller to inform students about courses, products, and services.
Storage: For the duration of the existing contractual relationship, and at the end of this, during the legally required retention periods to cover potential responsibilities. As long as you do not exercise your right to oppose to commercial mailings or exercise your right to cancel your personal data.

· COMPLAINTS CHANNEL
Purpose: Receipt, processing, and management of received complaints.
Categories of data processed: Identification data (name and surname). Data provided by the complainant.
Legitimization: Compliance with a legal obligation.
Retention: Strictly necessary for the management of the complaint and legally established periods.

3. Recipients of your data / International Data Transfers
Your data is confidential and, except among Ctaima companies, it will not be disclosed to third parties unless there is a legal obligation or it is necessary for the provision of the contracted service and, if applicable, to the private and public entities necessary for the execution of training courses (CTAIMA Academy).
Your data may be processed by some of our service providers who will only access the data necessary to provide the service as per the processing order, and in no case will they process the data for their own purposes. Grupo CTAIMA complies with the European Data Protection Regulation UE 679/2016, as well as the ISO 27001 Information Security Management System and ISO 9001 Quality Management System standards.
International data transfers legitimized to fulfill the contractual obligations, for the specific purposes of document review and validation and provision of documentation to business coordination platforms, may be carried out with CTAIMA Colombia S.A.S., a subsidiary of Grupo CTAIMA, and in this case, the data will be processed according to the data processing contract and under the guarantee of the standard contractual clauses provided in this link.
Grupo CTAIMA, in any case, guarantees the application of all necessary technical and organizational measures to ensure the security of the personal data to which it may have access, as well as compliance with all obligations derived in its capacity as data processor.

4. Rights regarding your personal data
Anyone may withdraw their consent at any time when given for the processing of their data. In no case does the withdrawal of this consent condition the execution of the subscription contract or the relations previously generated. In addition, you may:

- Request access to your personal data or rectify when they are inaccurate.

- Request their erasure, when among other reasons, the data are no longer necessary for the purposes for which they were collected.

- Request restriction of their processing under certain circumstances.

- Request opposition to the processing of your data for reasons related to your particular situation.

- Request data portability in the cases set out in the regulations.

- Other rights recognised in the applicable regulations.

Where and how to exercise your Rights: By writing to the controller at its postal or e-mail address (stated in section A), indicating the reference "Personal Data", specifying the right you wish to exercise and the personal data in question.

Should you disagree with the company regarding the processing of your data, you can file a complaint with the Spanish Data Protection Authority (www.agpd.es).

5. Cookies
This website only uses the cookies necessary for the proper functioning of the site. Additionally, we use optional cookies to optimize your experience, statistical cookies for analysis, and marketing cookies to provide personalized information and advertising. Therefore, by accessing our website, in compliance with Article 22 of the Spanish Law on Information Society Services, we have requested your consent for their use and provided information about them. You can accept, reject, or configure them according to your preferences. For more information, see our Cookie Policy.

6. Security of your personal data
To safeguard the security of your personal data, we inform you that we have taken all the necessary technical and organisational measures to ensure the security of the personal data provided from alteration, loss, and unauthorised processing or access.

7. Updating your data
In order for us to keep your personal data updated, it is important that you inform us whenever there has been any change in them; otherwise, we are not responsible for their veracity.

We are not responsible for the privacy policy pertaining to the personal data you may provide to third parties through links available on our website.

The present Privacy Policy might be modified to adapt to changes that occur on our website, and legislative or legal developments regarding personal data. We therefore request that you read it whenever you provide your data to us through this website.

The present agreement empowers CTAIMA OUTSOURCING Y CONSULTING, S.L., hereinafter the Data Processor, to process on behalf of their CLIENTS, hereinafter the Data Controller, the personal data necessary to provide the software licensing services for the Contractor Safety Management (CAE.NET) and/or the provision of services related to legislative information and evidence of legal compliance (CTAIMALEGAL) and/or the provision of services for the validation of business coordination documents (EXTRÍNSECA), which imply the access, structuring, consultation, comparison, extraction and destruction of personal data, according to the requirements of the service provided.

Identification of the affected information:

For the execution of the provisions derived from the compliance with the subject matter of this commission, the Data Controller makes available to the Data Processor the information that is described below:

CAE.NET:

•Identification data, position, email and telephone number of application users.
•Identification data, position, email and telephone number of contractors.
•Identification, labor and occupational hazard prevention data (business coordination) for the contractor’s workers.

CTAIMALEGAL:

•Identification data of the client’s workers.

Term:

The term of the present agreement shall be the same as that of the licensing agreement from which it originates.

Obligations of the Data Processor:

a.To use the personal data being processed only for the purpose that constitutes the subject matter of the commission and the instructions of the Data Controller.

 
b.To keep a record of the processing activities carried out by the Data Controller, including the regulatory requirements for data protection that are currently in force.

c.Not to reveal the data to any third parties, unless they have the express authorization of the Data Controller, and in legally admissible cases. In the event that it must transfer personal data to a third country or to an international organization, by virtue of the applicable Law of the Union or the Member States, it must inform the Data Controller of this legal requirement beforehand, unless said Law prohibits this for important reasons of public interest.

d.Not to subcontract any of the provisions that form part of the subject matter of this agreement which involve the processing of personal data, except for those auxiliary services that are necessary for the normal functioning of the services of the Data Processor. If it is necessary to subcontract any of the processing, this circumstance must be communicated in writing at least 1 month in advance to the Data Controller. The subcontractor, who will also be considered the Data Processor, is likewise obligated to fulfill the obligations established in this document for the Data Processor and the instructions issued by the Data Controller.

 
e.To maintain the required secrecy of the personal data to which it has had access by virtue of the present commission, even after the reason for this contract no longer exists and to ensure that the persons authorized to process the personal data are committed to respect their confidentiality and to abide by the corresponding security measures, about which they must be properly informed.

 
f.To ensure that the personnel authorized to process the personal data are aware of their functions and obligations with regard to their processing, according to the requirements of the Regulation, or as appropriate, that they have completed the specific training in this matter.

g.If the Data Processor receives the request to exercise the rights to access, correct, suppress, oppose or other rights set out in the regulations, it must immediately notify the Data Controller and never any later than one working day following the receipt of the request, along with the pertinent information to revolve the request.

h.If the Data Processor has knowledge of any data security violation that might pose a risk to the rights and freedoms of individuals, it must promptly notify the Data Controller, and in any case, within 72 hours, along with the relevant information and documentation pertaining to the incident.

 
i.To make available to the Data Controller all the information necessary to demonstrate compliance with its obligations, including any audits, reviews and inspections that it performs.

j.The Data Processor must implement the necessary security measures according to the nature, scope, context and purposes of the processing that make it possible to ensure the confidentiality, integrity, availability and permanent resilience of the processing systems and services, as well as to verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of the data processing.

 
k.Once the present agreement has terminated, the Data Processor, following instructions from the Data Controller, must suppress or return all the personal data that it has in its possession, regardless of the medium. The Data Processor may conserve the data, properly blocked, for as long as the responsibilities persist that might be derived from the performance of the service provision.

l.The Data Controller is released from any responsibility derived from any failure by the Data Processor to comply with the stipulations contained in the present agreement, with the latter being held personally responsible for any infractions that might have occurred before the Data Protection Agency.
m.The Data Processor declares under its own responsibility that it complies with all the demands set out in the European Data Protection Regulations 679/2016 and Organic Law 3/2018 on the Protection of Personal Data, and consequently, it offers full guarantees for the compliance of the present data processing commission.

The Data Processor declares under its own responsibility that it has implemented the measures of compliance that are imposed by the Data Protection Regulations (EU 2016/679), and specifically that it:

a.Complies with all its obligations and principles.
b.Keeps a record of the data processing activities.
c.Has implemented the necessary security measures according to the nature, scope, context and purposes of the processing, both in the computerized versions and on paper.
d.It undertakes to maintain its duty of secrecy, even after the relationship has ended.
e.It performs regular controls to check the measures that have been implemented.

The CLIENT is obligated to:

a.Deliver the necessary information described in the present agreement for the service provision to the Data Processor.
b.Perform any necessary preliminary consultations.
c.To ensure compliance by the Data Processor with current regulations pertaining to the personal data before and during the processing.
d.To oversee the processing, including the performance of inspections and audits.

What are cookies?

Cookies are small data files received by the terminal from the website you visit. They are used to record certain browsing interactions on a Website by storing data that can be updated and retrieved. These files are stored on the User's computer and contain anonymous data that is harmless to your computer. They are used to remember the user preferences, such as the selected language, access data or page personalisation.

Cookies can also record anonymous information about how a visitor uses a site. For example, they indicate the website from which you have accessed or if you have used an advertising banner to get there.

How do we use the different types of cookies?

According to their purpose:

Depending on the timeframe:

According to ownership:

The following chart shows the classification and description of the cookies used on this website so that you can identify them in your browser:

CTAIMA uses its own technical, customisation and analysis cookies, which process connection and/or device data for statistical purposes, but in no case do they capture browsing habits for advertising purposes.

Therefore, when accessing our website, in compliance with Article 22 of the Spanish Information Society Services Act, we have requested your consent for their use and provided information about them when dealing with the aforementioned cookies.

The provision of personal data through our portal and consent to the use of cookies requires a minimum age of 14 years and the express acceptance of our Privacy Policy.

In any case, we inform you that you can enable or disable cookies by following the instructions of your Internet browser:

Latest revision, updated on: 18 November 2021.

The following General Terms and Conditions of Use apply to the services and computer applications provided by CTAIMA Outsourcing & Consulting, S.L. and the rest of the CTAIMA-affiliated companies.

Please read these terms carefully. Upon contracting our services, the Client declares that they have read and accepted without reservation the most recent version of these terms.

DEFINITIONS
COMPUTER APPLICATIONS: on-line platforms belonging to CTAIMA that facilitate (i) the Contractor Safety Management, as well as document management deriving from this coordination (CTAIMA CAE, Twind), (ii) the information and document management deriving from legislation applicable to the client’s company (CTAIMA LEGAL), and (iii) any other software application from CTAIMA (Academy, Forms, Club CAE, etc.) that constitutes the subject matter of the present Software as a Service (hereafter SaaS) contract.

CTAIMA: The group of companies consisting of CTAIMA OUTSOURCING & CONSULTING, S.L., DOCUMENT CONTROL SOLUTIONS, S.L., EXTRÍNSECA, S.L. and CTAIMA PORTUGAL UNIPESSOAL, LDA, the holder of all the existing intellectual property rights to the COMPUTER APPLICATIONS, and the industrial property rights to the distinctive signs and symbols that identify them in the market, which is in charge of providing the software service.

CLIENT: the authorised natural person or legal entity that is the beneficiary of the provision of the software service provided by CTAIMA and authorised for the use of the COMPUTER APPLICATIONS with the administrator profile, which assumes the obligations of the present contract.

THE PARTIES: CTAIMA and the CLIENT, or either of them individually, referred to as the PARTY.

AUTHORISED THIRD PARTY: any natural person or legal entity not forming part of the present contractual relationship, which may access the COMPUTER APPLICATIONS as a contractor of the CLIENT and solely for the purposes of sharing documentation.

HOSTING COMPANY: company providing space on a server to CTAIMA. Upon the signing of the present contract, said server is in the custody of, managed and controlled by the MICROSOFT AZURE company, with VAT No. IE8256796U, and registered address at South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland. MICROSOFT AZURE is solely responsible for the correct functioning of the server, which is physically housed at its facilities.

SERVICES: the services described in the Financial Offer.

CONFIDENTIAL INFORMATION: information not accessible to the public and communicated by one PARTY to the other and marked as "confidential" or, if not marked as confidential, information that can reasonably be understood to be confidential, or information referring to clients, products, sales conditions, contracts, prices, know-how or trade secrets of one PARTY, except for that which is public knowledge and is available and accessible to third parties and the market in general on the date that the present document is signed.

INVOICING, ORDERS, PAYMENT METHOD
The invoicing, orders and payment method will be those agreed upon in the Financial Offer.

In those cases in which it is necessary to visit the CLIENT for an on-site implementation, CTAIMA reserves the right to pass on the corresponding travel costs and expenses to the CLIENT.

The CLIENT undertakes to make payment on time, on the date set out on the invoice. CTAIMA will not accept payment terms that exceed 60 days, and therefore a delay in payment in excess of this time shall be understood as non-payment of said invoice.

REVISION OF QUOTED PRICES
The prices will be the same as those in the Financial Offer, applying annual increases corresponding to the CPI.

CTAIMA reserves the right to change the prices set out in the offer prior to the service renewal date. To do this, it will be necessary for CTAIMA to issue a notification justifying the request to modify the contractual conditions and an updated offer.

TERM AND PERIOD OF THE SERVICE PROVISION
The SERVICES will not begin until the CLIENT has formalised the contract by means of the corresponding purchase order.

The SERVICES will be considered finished once the agreed period has expired or the balance of the CLIENT’S order has been depleted.

SERVICE TERMINATION
Termination of the service by the client. The CLIENT may request the termination of the service with 3 months advance notice. To do this, they must notify CTAIMA in writing of their request.

CTAIMA reserves the right not to refund the unaccrued order amount in the event that the termination takes place before the order is completed.

Termination of the service as the result of non-payment: CTAIMA reserves the right to terminate the service if the CLIENT fails to pay the invoices according to the agreed contractual conditions. After two consecutive notifications and after 90 days of the invoice date, CTAIMA shall proceed to block access to the COMPUTER APPLICATIONS until the pending invoices have been paid.

OBLIGATIONS OF THE CLIENT WHEN USING THE SERVICE
The CLIENT undertakes to use the COMPUTER APPLICATIONS for lawful and legitimate purposes, abiding by these General Terms and Conditions of Use at all times. Likewise, the CLIENT must use the COMPUTER APPLICATIONS while avoiding uses that may result in overloading, damage, deterioration or disablement of the service or that prevent the normal use of the COMPUTER APPLICATIONS.

The CLIENT also undertakes not to make any attempt to violate the access levels, incorrectly manipulate data, duplicate or export data or information protected by intellectual property or other legal rights, attempt to access restricted areas on computer systems belonging to CTAIMA or others, introduce programs, viruses or any other device that might cause modifications to the computer system of CTAIMA or others.

Authorisation for use of the COMPUTER APPLICATIONS included in the SaaS SERVICES provided by CTAIMA shall not be extended to any other natural person or legal entity with which the CLIENT has or may have any sort of a shareholding or commercial relationship.

The CLIENT shall not transfer or transmit to any third party the rights that are derived from the present SaaS contract, or allow the use of the COMPUTER APPLICATIONS by any third parties by providing their login name and password or by any other method.

The use of the COMPUTER APPLICATIONS is prohibited for any use other than the exclusive satisfaction of the CLIENT’s own needs of use, or that described in the COMPUTER APPLICATIONS; it is not permitted to lease, lend, sell, sublicense or in any other way obtain financial benefit from the COMPUTER APPLICATIONS or to engage in any acts that imply a violation of the duty to protect an asset of CTAIMA.

The CLIENT undertakes not to reproduce, translate, modify, version, market, duplicate, transform or transmit to any person or entity, in whole or in part, in any form and by any means, the COMPUTER APPLICATIONS, logical diagrams, source code, object and/or data model without the prior express written authorisation of CTAIMA, even when one of these actions is necessary for the interoperability with other third-party computer applications or programs.

The CLIENT undertakes to deny access to the COMPUTER APPLICATIONS at all times to persons who do not form part of the CLIENT’S staff or those of an AUTHORISED THIRD PARTY. CTAIMA reserves the right to suspend the service or rescind the contract if it is detected that the COMPUTER APPLICATIONS are being used by unauthorised persons not on staff, as stipulated in the present General Terms and Conditions of Use of the SaaS.

The CLIENT shall provide the necessary means to ensure that the passwords and access keys remain under their control and shall take all the necessary precautions to ensure that any third parties outside the company or not on staff who are not authorised to use the COMPUTER APPLICATIONS do not access them. Likewise, the client must immediately notify CTAIMA of any event that would permit the improper use of passwords or access keys, such the theft, loss or unauthorised access to them by third parties, in order to proceed with their immediate cancellation.

The CLIENT undertakes not to facilitate any sort of access or information related to the COMPUTER APPLICATIONS to any third party, unless CTAIMA grants express written authorisation for it. To this end, the CLIENT shall facilitate to CTAIMA the identification of the natural person or legal entity and the reasons for which said authorisation is being requested. In accordance with the above, the authorised third party undertakes to comply in their entirety with all the conditions and obligations stipulated in these General Terms and Conditions of Use for the CLIENT. The CLIENT shall be responsible to CTAIMA for the fulfilment of the commitment assumed by the third party.

The CLIENT shall provide the necessary means to ensure that the passwords and access keys remain under their control and will take all the necessary precautions to ensure the non-disclosure, copying, duplication, manipulation, reproduction, translation, transformation or access by unauthorised third parties, or any other act that implies a violation of the intellectual and industrial property rights that correspond to CTAIMA; they must therefore protect and physically and logically safeguard the means of access that are provided to the COMPUTER APPLICATIONS, their contents, logical procedures and/or access mechanisms.

INTELLECTUAL AND INDUSTRIAL PROPERTY
The COMPUTER APPLICATIONS and all their contents, as well as their technical documentation and user manuals are the property of CTAIMA and are protected by intellectual property legislation. The CLIENT must therefore treat the COMPUTER APPLICATIONS in the same way that they would with any other material with intellectual property rights and they cannot copy the COMPUTER APPLICATIONS.

The present contract does not imply, implicitly or explicitly, the transfer of the industrial and intellectual property rights to the COMPUTER APPLICATIONS, the hardware or ancillary computer programs.

Any reproduction, transmission, adaptation, translation, modification, public communication or any other exploitation of all or any part of the contents of the COMPUTER APPLICATIONS carried out in any manner or by any means, be it electronic, mechanical or of another nature, are strictly prohibited without the prior written authorisation of CTAIMA. Any violation of these rights can result in the corresponding civil or criminal judicial or extrajudicial proceedings.

The CLIENT authorises CTAIMA to use its brands, trade names and other logos for the purposes of identifying the CLIENT as a client of CTAIMA.

DATA PROTECTION
CTAIMA complies with the obligations of the General Data Protection Regulation 2016/679 (GDPR) and Organic Law 3/2018 on Data Protection. Consequently, the personal data voluntarily provided will be handled with absolute confidentiality and exclusively to provide you our service proposal and to monitor it and send you commercial information about our products and services, including by electronic means. You data will be retained until the acceptance or rejection of the proposal and/or the request is made to no longer receive commercial communications. You can always exercise your rights to access, rectification, suppression, portability, limitation and opposition by addressing the data controller at CTAIMA, at C/ Salvador Espriu 18, 43007 Tarragona, or at delegado-datos@ctaima.com. Insofar as the service involves access to data for which the CLIENT is responsible, CTAIMA guarantees that it will only access said personal data when strictly necessary for the performance or fulfilment of the subject matter and purpose of the commercial agreement between both entities, and always according to the instructions provided by the Data Controller, signing a Data Processor Contract, as stipulated in Article 28 of the General Data Protection Regulation (EU 2016/679).

It is the responsibility of the CLIENT, the contractors, hiring companies, AUTHORISED THIRD PARTIES and other users affiliated with the CLIENT’s company to fulfil the obligations derived from the GDPR in relation to the processing of persona data derived from contractor safety management, management of legal requirements, and data transfer that are generated through these COMPUTER APPLICATIONS; CTAIMA is not responsible for this, except for its involvement as the data processor.

The CLIENT, contractors, hiring companies, AUTHORISED THIRD PARTIES and other users affiliated with the CLIENT’s company undertake to vouch for and guarantee the truthfulness, accuracy, validity and authenticity of the personal data provided, to keep them properly updated and to delete the personal data whose purpose no longer exists that are housed in the COMPUTER APPLICATIONS. Likewise, it is their responsibility to inform their workers about the transfer of those data that may be necessary for the SERVICES and where they can exercise their rights to the access, rectification, deletion, opposition, limitation and portability of said data. In any event, they may address CTAIMA at C/ Salvador Espriu 18, 43007 Tarragona, or at delegado-datos@ctaima.com, in order for it to intercede in the request with the corresponding data controller.

The personal data included in the contract and those other exchanged between the PARTIES to enable the provision of the SERVICES shall be processed by the other PARTY for the purpose of allowing the performance, fulfilment and control over the contracted SERVICE provision relationship, with the basis for the processing being the fulfilment of the contractual relationship, retaining the data for the entire time that said relationship exists and even afterwards, until any responsibilities derived from it have prescribed. The parties may exercise their rights to access, rectification, suppression, opposition, limitation and portability by addressing the parties indicated in their respective contact information or at delegado-datos@ctaima.com.

CONFIDENTIALITY
The CONFIDENTIAL INFORMATION of one PARTY cannot be revealed by the receiving PARTY to any third party unless so authorised by the PARTY to whom the CONFIDENTIAL INFORMATION pertains. The CONFIDENTIAL INFORMATION shall be processed by specialised staff of the PARTIES and, as appropriate, by AUTHORISED THIRD PARTIES, all of whom to which the undertaken confidentiality obligation must be transferred. The CONFIDENTIAL INFORMATION shall not be used for any purpose other than that which constitutes the subject matter of the present contract.

The breach of the present clause by the CLIENT’S staff or any AUTHORISED THIRD PARTY by virtue of the provisions of the present contract shall entitle CTAIMA to immediately block access by the CLIENT to the COMPUTER APPLICATIONS and shall be cause for automatic termination of the contract, with CTAIMA assuming no obligation to return the information contained therein. As an exception, at the express and justified request by the CLIENT, CTAIMA may issue a copy using any method it deems fit, and with the CLIENT assuming all the costs for said return of information, which must be paid to CTAIMA before the copy is delivered. All of this is notwithstanding the claim of the corresponding amount in favour of CTAIMA for the premature termination of the contract, according to the present General Terms and Conditions of use of the SaaS, as well as the claim for the damages caused and any other consequences deriving from the exercise of the actions set out in the regulations pertaining to intellectual and industrial property rights, unfair competition and even criminal actions.

Once the contractual relationship has been terminated, the PARTIES must mutually return all the CONFIDENTIAL INFORMATION (including copies) they have, certifying in writing that nothing is retained in their possession. The confidentiality derived from the application of the following General terms and conditions of use shall be in force for the entire period of their execution, and remain in force for a period after the termination of the contract.

RESPONSIBILITY
CTAIMA shall not be held responsible for interruptions to the COMPUTER APPLICATIONS caused by reasons of force majeure, or for server outages not attributable to it or circumstances beyond its control.

CTAIMA may temporarily interrupt access for security reasons, to update or restructure the computing resources in order to improve the service when using the COMPUTER APPLICATIONS. These interruptions must be properly justified, the interruption must be as brief as possible, and they must preferably occur during night-time hours.

The CLIENT accepts that CTAIMA shall not be responsible to them or any third party for any direct or indirect damages (including the loss of profit) that might derive from the misuse of the COMPUTER APPLICATIONS by the CLIENT’S workers or by any AUTHORISED THIRD PARTY, or from the non-compliance with any obligation or law that is applicable to them, or for any failure on the part of the hosting services provider that is not attributable to CTAIMA and that might generate any sort of damage to or loss of the CLIENT’S information.

The CLIENT declares that they are aware of the hardware, equipment and technical requirements and Internet connection necessary for the correct use of the COMPUTER APPLICATIONS. Consequently, CTAIMA shall assume no responsibility whatsoever for their inadequacy or for infractions that the CLIENT incurs as the result of the use of the COMPUTER APPLICATIONS.

The CLIENT shall be held responsible for and compensate CTAIMA in all cases for any damages that it might suffer as the result of both fraudulent use and the breach of this contract, on their part or that of their employees, or by any authorised or unauthorised third party that accesses the COMPUTER APPLICATIONS or any information related to them under the administrator profile or merely viewing them through their own profile.

The CLIENT shall be the only party responsible for the provision and payment of the costs necessary to ensure the compatibility of the COMPUTER APPLICATIONS with their computer system and connection, including all the hardware, software, electronic components and other physical components required to access and use the COMPUTER APPLICATIONS, including by way of example, but not limited to telecommunications services, access and connection to the Internet, links, web browsers or other programs, equipment and services required to access and use the COMPUTER APPLICATIONS.

In the case of CTAIMA LEGAL, if after the date the form is formalised or following the diagnostic visit, if there are changes to the installations, these must be communicated by the CLIENT and be reflected on the pertinent document. Likewise, the CLIENT is aware of and agrees to inform CTAIMA in the future about any modification, expansion or elimination of the installations, products or activities that might occur, to ensure that the CTAIMA LEGAL contents coincide with the CLIENT’S real situation and to identify new requirements, as necessary. Similarly, the CLIENT must inform CTAIMA about the removal of any service user in order to cancel access to the COMPUTER APPLICATIONS.

In no case shall CTAIMA’s liability exceed one yearly amount paid by the CLIENT to CTAIMA for the use granted of the COMPUTER APPLICATIONS.

NOTIFICATIONS
For the purposes of notifications, the registered addresses of the PARTIES are designated as those appearing in the Financial Offer.

The PARTIES may modify the designated registered addresses as long as they communicate the new address in a reliable manner to the other PARTY. The modification of the designated registered address shall not take effect until the reception of the notification by the other PARTY.

Notifications shall be understood to have been correctly made and shall have full effect when made to the designated registered addresses, through a notary public’s office, bureaufax, telegram or letter with signed acknowledgement of receipt.

APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
The present contract shall be governed by the provisions herein and with regard to what is not stipulated, as well as its interpretation and the resolution of any discrepancies that might arise between the PARTIES as the result of the present contract, the corresponding Spanish legislation shall apply.

For any matters or discrepancy that arise between the PARTIES with regard to the fulfilment, non-compliance, validity, scope or interpretation of this contract, the PARTIES expressly subject themselves to the Courts and Tribunals of Tarragona, Spain, expressly waiving any other venue that might correspond to them.
 

Access to this platform by the STUDENT is subject to having read beforehand and entirely, expressly and unreservedly accepting these GENERAL CONDITIONS OF USE in force at the time of access, which we ask you to read carefully. The STUDENT, when using this platform, its contents or services, accepts and expressly submits to the general conditions of their use.

The present conditions of use may be modified in order to adapt to the services provided, changes in the platform configuration or legislative changes. We advise you to check their validity when you access the platform.

A. Conditions of Access and Use of the ACADEMY Campus
Platform access is restricted to previously registered STUDENTS who have been given a personal User Code and Password.

You are not allowed to access using other STUDENTS' passwords.

STUDENTS are responsible for the custody of their own passwords and must report their loss or improper use.

Your personal data are processed according to the privacy policy that can be accessed at http://ctaima.academy/politica-de-proteccion-de-datos/

STUDENTS must access our platform in good faith, abiding by the rules of public order and the present Conditions of Use. Access to our platform is carried out under the STUDENT's own exclusive responsibility, and the STUDENT will be liable in all cases for any damage that may be caused to us or any third party.

STUDENTS are expressly forbidden from using and obtaining the services and contents offered on the present platform through procedures other than those set out on it and in the present Conditions of Use.

The CTAIMA ACADEMY reserves the unilateral right, without prior notice, to terminate the membership of any STUDENT that the organisation believes has violated the conditions governing the use of our platform, without the STUDENT being entitled to any sort of claim for this type of action. Likewise, it reserves the right to take appropriate legal actions against anyone who violates these general conditions of use. The STUDENT accepts that the failure to initiate these actions does not constitute a formal waiver thereof. They shall remain in force until the end of the legal periods of prescription for the infringements.

Rules for the use of Chat, Messaging and Forums

The platform offers students different information exchange services, both public (Chat and Forum) and private (Messaging).

For their use, STUDENTS must abide by the following rules and conditions:

A) Expressly and unreservedly approve the present conditions of use.
b) Accept that their user name will appear as the author of any posted content.
c) Post only contents that, in good faith, can be considered useful and appropriate for the training program being conducted.
d) Do not post the answers to the tests to pass the course.
e) Do not post contents of a commercial, advertising or other for-profit nature.
f) Post only contents that do not infringe any law or violate the rights of third parties, most especially intellectual and industrial property rights.
g) Use proper language and do not include any vulgar or offensive words that other STUDENTS might consider to be in poor taste.

The STUDENT assumes exclusive responsibility for the contents posted. CTAIMA ACADEMY does not monitor or previously approve the content posted by the STUDENTS, yet it reserves the right to delete those messages or contents that violate the present conditions of use.

B. Intellectual Property of ACADEMY Campus
All contents, texts, images and source codes are property of the CTAIMA ACADEMY or third parties from whom their right to use has been acquired, and are protected by Intellectual and Industrial Property rights.

The STUDENT is only entitled to a private, non-profit use thereof, and express authorisation is required to modify, reproduce, exploit or distribute them, or to exercise any right vis-à-vis their holder.

CTAIMA and CTAIMA ACADEMY are registered trademarks, and their reproduction, imitation, use or insertion without proper authorisation from their owners is prohibited.

CTAIMA ACADEMY accepts no liability for any claim related to the intellectual property rights to the contents and images published by third parties on this platform, which is the responsibility of whoever posts them.

The establishment of external links to this platform does not grant any rights to it. Likewise, the simple fact of establishing a link to our platform does not entitle you to be granted the status of associate or partner.

C. Responsibilities ACADEMY Campus
By making this platform available to the STUDENT, our wish is to provide a quality service, employing maximum diligence in the provision thereof, as well as in the technological means used.
However, we shall not be liable for the presence of viruses or other elements that may in any way damage the computer system of the organisation to which they belong.

CTAIMA ACADEMY does not guarantee that the availability of the platform service will be continuous and uninterrupted, due to circumstances caused by force majeure, problems with the Internet network, technological failures or malfunctions, of our own or external to us, arising from the current state of technology and other unforeseeable circumstances, so that the STUDENT agrees to accept these circumstances within reasonable limits and expressly waives any claim of liability against CTAIMA ACADEMY for the same.

STUDENTS are prohibited from any type of action on our portal that causes an excessive operational overload for our computer systems, as well as the introduction of viruses or installation of robots or software that alters the normal operation of our website or that may ultimately cause damage to our computer systems.

STUDENTS assume all liability arising from the use of our platform and are solely responsible for any direct or indirect effect on the platform derived from it, including by way of illustration and without limitation, any adverse economic, technical and/or legal effects, as well as the failure to meet the expectations generated by our platform. STUDENTS undertake to hold harmless CTAIMA ACADEMY as the result of any claims arising directly or indirectly from such events.

CTAIMA ACADEMY does not guarantee the accuracy, veracity and validity of the contents of this platform, whether they are their own or those published by third parties, and are totally exonerated from any liability arising from the use thereof. Specifically, it is NOT liable for the content posted by students in the forums or chats of the platform and accepts no liability for any claim regarding the intellectual property rights thereof.

CTAIMA ACADEMY accepts no liability arising from any claim, including the payment of attorney's fees, for claims and lawsuits filed by third parties due to the STUDENT's non-compliance with our terms of use and privacy policy, or any other claim for non-compliance with current legislation.

STUDENTS acknowledge that they have understood all the information regarding the terms of use of our portal, and acknowledge that they are sufficient to rule out any error in the same, and thus they fully and expressly accept them.

STUDENTS are fully aware that the mere use of this platform and its services implies acceptance of the present terms of use.

D. Jurisdiction and validity of the general conditions of access to the ACADEMY Campus website
All aspects related to our platform are governed exclusively by Spanish law. The present General Terms of Purchase have been updated on 8 February 2018. We can modify them at any time: please check the date of issue any time you connect to our platform to ensure that no changes have been made that may affect you. For any question regarding the Terms of Use of our platform, please contact us at ctaima@ctaima.com.