Terms and Conditions

By clicking the 'Accept' button, or signing our commercial terms, or completing the registration process and / or using Claimora, you agree to comply with these Terms and Conditions of Use (TyCu). If you are using Claimora's services on behalf of a company, you must have the authority to bind that company to these TyCu. If you do not accept these TyCu, you must not complete the registration process and you cannot access these services.

Claimora Terms and Conditions of Use

Interveners

PROVIDER

The company Trawen Trading SL, owner of all the intellectual property rights of Claimora's services, including Claimora, as well as the Claimora brand, with CIF B86206737 and registered office at Calle Ponzano 14 in Madrid, represented by its administrator Pablo Inigo Sanchez, hereinafter designated as SUPPLIER.

CLIENT

The company registered in Claimora's services, hereinafter the CLIENT.

Object

The purpose of this contract is to regulate the relations between the CLIENT and the SUPPLIER regarding the access and use of Claimora's services, as well as to establish the personal data protection policies in compliance with article 28 of the General Data Protection Regulation (RGPD ).

The Claimora services contracted are intended for the SUPPLIER to make a time management solution available to the CLIENT for its staff.

Technical requirements

Claimora provides services through a web platform, so it is essential to connect to the network to access it.

Claimora is compatible with the browsers: Chrome 50 or higher, Firefox 46 or higher, Microsoft Edge and Safari MacOS 10.0 or higher, iOS v9.0. In some Claimora modalities and services it is possible to access from apps, these apps are compatible with iOS v10.0 or higher and Android 8.0 (Oreo) or higher.

Claimora Terms and Conditions of Use

A - Access and use of Claimora services

A.1 The SUPPLIER undertakes to make Claimora's services available to the Client.

A.2 Access to Claimora services may be temporarily interrupted due to issues related to maintenance, technical incidents, evolution or modification of the platform and the like, which the CLIENT accepts as normal and waives all types of legal action or extrajudicial claim .

B - Contractual modifications

The SUPPLIER may make modifications to this contract, notifying the CUSTOMER at least 1 MONTH in advance of its entry into force. If the CLIENT wishes not to accept the conditions, they must notify the SUPPLIER in writing. In this case, the SUPPLIER may terminate the contract in advance and without any penalty. If the CLIENT does not communicate his disagreement and continues to use Claimora's services, it is understood that he accepts the proposed modifications.

C - Notifications

The CLIENT expressly accepts that all notifications, communications and information that may be necessary with the SUPPLIER related to this contract are carried out, whenever the law allows it, by written electronic means.

D - Restrictions and Confidentiality

D.1 The CLIENT and its registered personnel cannot access Claimora's services if the CLIENT is a competitor of the SUPPLIER in the market. It is understood that any company that manufactures, sells or distributes access control solutions or personnel time management at work of any kind (schedule compliance, production times or tasks, etc.) is a competitor.

D.2 The CLIENT and its registered personnel may not:

a) Incurring illicit, illegal or contrary actions to the provisions of this contract

b) Reverse engineer

c) Access Claimora's services to create a competitive product or service

d) Create a product that uses similar ideas, features or functions to Claimora

D.3 The CLIENT and its personnel registered in Claimora services undertake not to make any attempt to violate access levels, incorrect manipulation of data, attempt to access restricted areas of the PROVIDER platform, introduction of programs, viruses or any device that may produce or produce modifications or alterations in the platform or in the SUPPLIER's services

D.4 The CUSTOMER undertakes to respect the provisions of current data protection regulations, as well as to keep secret all the information regarding the SUPPLIER to which it has access, forcing itself to return any information or documentation belonging to the SUPPLIER. in his possession when the case of termination, resolution or termination of the contract.

E - Data protection- (Services between the person in charge of the treatment and the person in charge of the treatment in RGPD matters)

E.1 The provision of Claimora services implies the need to access personal data. The SUPPLIER, as the person in charge of the treatment, is obliged to comply with the general data protection regulations that entered into force on May 25, 2018 and other applicable regulations.

E.2 The CLIENT and the SUPPLIER freely agree to regulate the access and processing of data as detailed in this contract (in compliance with article 28 of the General Data Protection Regulation (RGPD)

E.3 To provide Claimora services and manage the access control system and / or presence of the CLIENT's staff, the SUPPLIER, in charge of treatment, is empowered to process the data on behalf of the client, responsible for the treatment. of a personal nature necessary to provide the services, the responsibility of the CLIENT:

The treatment operations will be those necessarily derived from the provision of Claimora services, including mainly the registration and hosting of data.

E.4 The data stored in Claimora services are the property of the CLIENT as Responsible for the treatment. For the purposes of article 28 of the RGPD, the SUPPLIER will only access the personal data to which it has access in accordance with the CLIENT's instructions and always in consultation / reading mode and will not apply or use them for a purpose other than the object of the Contract, nor will it communicate them, not even for their conservation, to other people. In the event that the SUPPLIER uses the data for another purpose, communicates it or uses it in breach of the stipulations of the Contract, it will also be considered responsible for the treatment, responding to the infractions that it may have incurred personally.

E.5 The CLIENT, regarding the files containing personal data, declares that it complies with all the legally required requirements for their collection and treatment. Likewise, it states that it has adopted the technical and organizational measures necessary to guarantee the security of the personal data included in the files, established in the current regulations on the protection of personal data.

E.6 Corresponds to the SUPPLIER

a) Treat the data only in accordance with the CLIENT's instructions as documented in this contract. If the SUPPLIER considers that any of the instructions infringes the RGPD or any other provision on data protection of the Union or of the Member States, the SUPPLIER will immediately inform the CLIENT.

b) Keep, in writing, a record of all categories of treatment activities carried out on behalf of the CLIENT, containing:

o The name and contact details of the person in charge or managers and of each manager on behalf of whom the manager acts and, where appropriate, the representative of the manager or manager and the data protection officer.

o The categories of treatments carried out on behalf of each person in charge.

o Where appropriate, transfers of personal data to a third country or international organization, including the identification of said third country or international organization and, in the case of transfers indicated in article 49 section 1, second paragraph of the RGPD, the documentation of adequate warranties.

o A general description of the technical and organizational security measures in accordance with the RGPD.

c) The SUPPLIER will notify the CUSTOMER in the shortest time possible of the personal data security violations of which it is aware, when the violation is likely to pose a high risk to the rights and freedoms of natural persons, facilitating all the necessary details so that the CLIENT can fulfill the obligations of notification to the control authority and communication to the interested parties established in the applicable regulations

d) The termination, resolution or termination of the contract will imply the obligation on the part of the SUPPLIER to delete or return to the CLIENT the personal data provided, as well as any support or document containing any personal data subject to treatment.

E.7 Corresponds to the CLIENT:

a) The CLIENT must adopt the necessary technical and organizational measures to guarantee the security of personal data and avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data. stored and the risks to which they are exposed, whether they come from human action or from the physical or natural environment.

b) It is the responsibility of the Client (i) to keep a record of registration activities; (ii) carry out an evaluation of the impact on the protection of personal data of the processing operations to be carried out by the person in charge; (iii) carry out the corresponding prior consultations; (iv) ensure, previously and throughout the treatment, compliance with the RGPD by the person in charge; (v) supervise the treatment, including the performance of inspections and audits; and, (vi) sign with the clients who are going to use Claimora's services, the mandatory contract where the SUPPLIER is informed of the subcontracting of the services mentioned in this contract.

c) The CUSTOMER expressly authorizes the PROVIDER to subcontract with the HOSTING PROVIDER several Claimora services, including hosting and data processing, in full compliance with the RGPD.

d) The CLIENT expressly authorizes the SUPPLIER to communicate data to third parties whose intervention is deemed appropriate for the proper development of Claimora's services. In this case, the SUPPLIER is obliged to sign with the third party a treatment manager contract in which the obligations that the third party must comply with in terms of personal data protection are stipulated.

e) The CUSTOMER will duly attend to the notifications that, where appropriate, it receives from the SUPPLIER regarding data processing; in particular, those related to subcontracting of the treatment, security violations and instructions given by THE CLIENT that, in the opinion of the SUPPLIER, infringe the data protection regulations.

f) The SUPPLIER will assist the CLIENT in responding to the exercise of rights. When the affected persons exercise before the SUPPLIER the rights of access, rectification, deletion, opposition, limitation of the treatment and / or data portability, the SUPPLIER will notify this fact to the CLIENT as soon as possible. It will be the responsibility of the CLIENT to respond to the affected party, although the SUPPLIER will be obliged to collaborate and provide as much information as the CLIENT requires to meet the request.

F - Accommodation of Claimora Services

F.1 The information entered in Claimora's services is hosted on the servers of the HOSTING PROVIDER indicated in this contract.

F.2 The HOSTING PROVIDER is solely responsible for the proper functioning of the server, which is physically hosted on its premises. This company will also be considered as "TREATMENT MANAGER", with regard to the operation of the server.

F.3 The HOSTING PROVIDER guarantees that the hosting service is located within the European Union.

F.4 Access and Audit

F.4.1 The SUPPLIER will provide credentials and access codes to the personnel registered by the CLIENT.

F.4.2 The SUPPLIER guarantees that Claimora's services carry out, at all times, an audit of all the accesses and actions carried out in the system, whether they are registered personnel of the CLIENT or the SUPPLIER.

F.4.3 The CLIENT and its registered personnel are responsible for keeping their credentials secret. In no case will the SUPPLIER be responsible for data modified, deleted, extracted or viewed by accessing Claimora with said credentials.

F.4.4 The SUPPLIER guarantees that the accesses by its personnel have an additional security system that prevents the copying or communication between personnel of the credentials and that only those data and resources for the development of Claimora services will be accessed. .

F.5 Assignment

The Purpose of this contract is personal. The SUPPLIER may, after complying with all the requirements contemplated in the current regulations, as well as prior communication to the CLIENT, assign ownership of the same without the need to obtain express consent from the CLIENT, without prejudice to the right to terminate the contract within the 10 days following receipt of the assignment notification.

G - Intellectual Property and Industrial Property

G.1 The SUPPLIER (and its licensors where applicable) is the owner of all rights and interests, including all those related to intellectual property rights in the technology, content, platform and services of the SUPPLIER and of any suggestion, idea, request for improvement, comment, recommendation or any other information that registered users or any other related party have offered through Claimora's services and its associated services and components.

G.2 The name of Trawen Traiding S.L., Claimora, the logo of Trawen Traiding S.L., and the logo of Claimora are trademarks of the SUPPLIER or third parties and no right or license is granted for their use.

H - Responsibility

H.1 To access Claimora's services, one-person authentication systems are provided, both for administrators and registered users of the CLIENT.

H.2 The Client is responsible for all damages that may occur to himself, to third parties or to the SUPPLIER himself and that have been derived from his lack of secrecy regarding access and / or authentication data, both of administrators as registered users by the CLIENT himself.

H.3 The responsibility of each of the parties that arises as a result of this contract and in relation to it (for any effect and any type of claim) will not exceed the payments received by the SUPPLIER during the 12 months following said obligation or liability (as applicable).

H.4 Neither party, individually, shall have any responsibility for the obligations of said party for indirect, special, consequential, punitive, exemplary or incidental damages, including damages for business interruption of the other party or losses.

H.5 The existence of more than one claim or cause of action shall not extend the limits of this section J. The SUPPLIER shall not be subject to any equitable remedy in favor of the CLIENT such as judicial redress, specific compliance or judicial administration.

I - Confidentiality

The SUPPLIER must maintain due professional secrecy regarding the personal data to which it has access and demand the same level of commitment in writing from any person within its organization who participates in any phase of the processing of personal data, both during their relationship professional with the CLIENT, as once it has been completed for any reason.

J - Integrity of the Contract and Safeguard Clause

J.1 Each of the stipulations of this contract must be interpreted separately and independently of the others. If any of them become invalid, illegal or unenforceable by virtue of any legal norm or were declared null or ineffective by any court or administrative authority, the nullity or ineffectiveness of the same will not affect the other stipulations, which will retain their full validity and effectiveness. The parties agree to replace the affected clause or clauses with another or others that have the corresponding effects for the purposes pursued by the parties in this contract.

J.2 This contract includes all the existing agreements between the parties, and cancels and revokes, where appropriate, any other agreements or agreements, verbal or written, that were in force on the date of their subscription. This contract may be modified by written agreement of the parties.

K - Termination

K.1 The SUPPLIER may terminate the contract if the account has been 30 NATURAL DAYS without any type of use, prior notice by email to its administrators.

K.2 The termination of the contract does not exempt the parties from complying with those obligations that they have acquired.

L - Applicable Legislation and Jurisdiction

L.1 This contract will be governed by what is expressly agreed by the parties in this contract and by Spanish law.

L.2 It is the will of the parties, Supplier and Buyer, expressly waive judicial jurisdiction and submit to arbitration any controversy, question, incident that may arise between them in relation to this Order.

L.3 The knowledge and decision of the disputed issues will be the responsibility of a single arbitrator, who will be appointed from among the Madrid Arbitration Tribunal by agreement of the parties when the difference arises or, if this is not achieved, by the President of the Court, in accordance with the Statutes of the same.

L.4 It shall be understood that there is no agreement when, within a period of fifteen calendar days from the request of one party to the other, there is no affirmative answer.

L.5 For any case of doubt or discrepancy regarding the interpretation or fulfillment of this document, or in the absence of an agreement between the parties, waiving the jurisdiction of their domicile or any other if they have it, they expressly submit to the Jurisdiction and Competence of the Courts and Tribunals of the city of Madrid.

M - PRICE

The price of the application depends on the number of users created by each company. Always the first 4 (four) users per company will be free forever and from the 4th user the prices are as follows:

Payment will be made through an invoice at the end of the month. The payment period is 30 days. If after 30 days the payment is not made, the company's accounts will be blocked until the payment is executed (the data will never be deleted, only after the 4 years established in the contract).

Support

We consider 3 levels of support depending on the contract acquired.

If the company has 1 to 4 workers, the support will be given by email and through the support application, and the time to resolve incidents will be a maximum of 7 days. The support price is included in the contract type price, which in this case is 0 euros per month. These contract conditions are:

€0 / mo

• 4 users included
• unlimited claims
• Email support
• Help center access

If the company has more than 4 workers, the support will be given by email and through the support application, and the time to resolve incidents will be a maximum of 3 days. The support price is included in the contract type price, which in this case is 25 euros per month. These contract conditions are:

€25 / mo

• unlimited users included
• unlimited claims
• Priority email support
• Help center access

If the company wants to contract Premium support, this will be given by email, telephone, and through the support application and the time for resolution of incidents will be 24 hours maximum. The price of the support will be negotiated with the company depending on the number of workers to provide support. These contract conditions are:

Contact us for price

• unlimited users included
• Priority email support
• Help center access
• Premium Support - resolution in less than 24 hours, phone support

Claimora Services Security

Data Backups

Claimora SaaS automatically performs different backup plans, including monthly, weekly, daily and up to the minute.

All backups are performed "hot", without the need to interrupt the services provided by Claimora SaaS.

Audit and Traceability

Claimora SaaS includes an Audit functionality from where it is possible to consult all the actions carried out regarding data processing by users (the client and Trawen Traiding). Any change made to the data by a user is recorded.

It is not possible to delete the audit log from Claimora SaaS.

The data is stored and deleted upon expiration, after 4 years.

User access control to Claimora SaaS

The minimum password is medium grade, in compliance with the GDPR.

In case of forgetting the password, the email indicated by the client for its users is used to recover the account.

All successful logins or failed login attempts are audited.

Access control from Trawen Traiding to Claimora SaaS

When Trawen Traiding staff access Claimora SaaS for the processing of customer data, the following security measures are applied:

Access for administration of the platform, virtual machines and other subsystems in case of recovery, system update interventions or others that require manual actions, etc., use a double or triple authentication system (depending on the level of adm

There are other purposes for which we treat your personal data:

To guarantee compliance with the conditions of use and applicable law. This may include the development of tools and algorithms that help this website to guarantee the confidentiality of the personal data it collects.

To support and improve the services offered by this website.

Other non-identifying data obtained through some cookies that are downloaded to the user's computer when browsing this website are also collected, which are detailed in the cookie policy.

To manage social networks. Trawen Traiding may have a presence on social media. The treatment of the data that is carried out of the people who become followers in the social networks of the official pages of https://claimora.com, will be governed by this section. As well as those conditions of use, privacy policies and access regulations that belong to the social network that is appropriate in each case and previously accepted. It will process your data for the purposes of correctly managing your presence on the social network, reporting activities, products or services of Trawen Traiding, S.L. As well as for any other purpose that the regulations of social networks allow. In no case will we use the profiles of followers on social networks to send advertising individually.

Trawen Traiding does not sell, rent or transfer personal data that can identify the user, nor will it do so in the future, to third parties without prior consent.

Legitimation for the treatment of your data

The legal basis for the processing of your data is: consent.

To contact or make comments on this website, consent is required with this privacy policy.

The prospective or commercial offer of products and services is based on the consent that is requested, without in any case the withdrawal of this consent conditioning the execution of the subscription contract.

Data Category

The categories of data that are treated are:

identifying data.

Employment data

Academic data

Personal characteristics data

Specially protected data categories are not treated.

Navigation

The links on Trawen Traiding sites may take you to external pages over which the company has no control. Therefore, the content, accuracy, updating, modification or purpose of other websites is not the responsibility of Trawen Traiding.

Some "cookies" are installed by services offered by third parties, such as Google Analytics. Google Analytics is a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses "cookies" to help the website analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be directly transmitted and filed by Google on servers in the United States. Google will use this information on our behalf in order to keep track of your use of the website, compiling reports on website activity and providing other services related to website activity and Internet use. Google may transmit said information to third parties when required by law, or when said third parties process the information on Google's behalf. Google will not associate your IP address with any other data that Google has. You can reject the treatment of data or information by rejecting the use of cookies by selecting the appropriate configuration of your browser, however, you should know that if you do so, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of information about you by Google in the manner and for the purposes indicated above.

The information collected as statistics on the use of the portal may include: your IP address, browser, domain names, access hours, pages visited on the portal, etc. The visit statistics information is not associated with your personal information, and even if it is and / or it is possible to deduce or associate data such as which user registered in the portal corresponds to a certain IP captured in the portal's usage statistics, claimora.com I would not make any use of this information, nor would I store, process or transfer it.

Secret and data security

https://claimora.com is committed to the use and treatment of the personal data of the users, respecting their confidentiality and using them in accordance with the purpose thereof, as well as to comply with their obligation to save them and adapt all the measures to prevent alteration, loss, treatment or unauthorized access, in accordance with the provisions of current data protection regulations.

This website includes an SSL certificate. It is a security protocol that makes your data travel in an integral and safe way, that is, the transmission of data between a server and web user, and in feedback, is fully encrypted or encrypted.

https://claimora.com cannot guarantee the absolute inaccessibility of the Internet network and therefore the violation of data through fraudulent access to them by third parties.

Regarding the confidentiality of the processing, Trawen Traiding, S.L will ensure that any person who is authorized by Trawen Traiding, S.L. To process the user's data (including its staff, collaborators and providers), it will be under the appropriate obligation of confidentiality (either a contractual or legal duty).

When a security incident occurs, when Trawen Traiding S.L. becomes aware, it must notify the user without undue delay and must provide timely information related to the Security Incident as it is known or when the user reasonably requests it.

Accuracy and veracity of the data

As a user, you are solely responsible for the veracity and correctness of the data you send to https://claimora.com, exonerating Trawen Traiding, S.L., from any responsibility in this regard.

Users guarantee and respond, in any case, to the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The user agrees to provide complete and correct information through any enabled communication channel.

Acceptance and consent

The user declares to have been informed of the conditions on protection of personal data, accepting and consenting to the treatment thereof by Trawen Trading, S.L. in the manner and for the purposes indicated in this privacy policy.

Revocability

The consent given, both for the treatment and for the transfer of the data of the interested parties, is revocable at any time by communicating it to Trawen Trading, S.L. in the terms established in this Policy for the exercise of rights. This revocation will in no case be retroactive.

Changes to the privacy policy

Trawen Trading, S.L. reserves the right to modify this policy to adapt it to new legislation or jurisprudence, as well as to industry practices. In these cases, Trawen Trading, S.L. will announce on this page the changes introduced with reasonable anticipation of their implementation.

Commercial emails

In accordance with the LSSICE, https://claimora.com does not carry out SPAM practices, so it does not send commercial emails that have not been previously collected through forms or other channels that Trawen Trading has as an information channel and in which the purpose of the treatment is indicated in each of the forms on the web. The user has the possibility of giving their express consent to receive the newsletter, regardless of the commercial information requested on time, in the same way they can unsubscribe at any time.

In accordance with the provisions of Law 34/2002 on Services of the Information Society and electronic commerce, https://claimora.com undertakes not to send communications of a commercial nature without properly identifying them.