The present document aims to define the Particular Conditions of Contract for the provision of hosting services (shared Hosting) that will be specified below, and which are considered as supplementary to the General terms and Conditions published and in force at any time on the website www.aleve-es.com. Both these Conditions as the General terms and Conditions will be deemed as accepted with the express purpose of joint at the time of the contracting of the services offered in www.aleve-es.com. In case of any conflict between these conditions and the general terms and conditions shall apply preferential treatment to particular conditions.
The General and Specific Conditions, together with the additional information on the technical features and/or economic of the product or service contracted by the Client and the Policy of Protection of Personal Data published on the web site aleve-es.com, constitute a unitary whole that binds the parties.
1. Identification of the parties have signed this agreement
1.1. On one hand, the entity Aleve-es.com (hereinafter identified with the trade mark “Aleve International, Ltd”), with the Commercial Register Number 15773966 Aleve International Ltd, Lytchett House Park, Unit 13 Wareham Road, Lytchett Matravers, Poole, Dorset, BH16 6FA, United Kingdom
1.2. On the other hand, the contracting party (hereinafter the “Customer”), natural or legal person who fill out the contract form enabled for this purpose on the web page of Aleve International Ltd and, in doing so, declares to know and accept freely, after having been informed of the technical and economic characteristics, their operation, the General Contracting Conditions and these Special Conditions.
1.3. The present General Conditions can make reference to a “party” or “parties” to designate an individual or jointly to Aleve International Ltd to the Customer.
2.1. Domain: a set of characters www.aleve-es.com that, using the DNS, identifies an address (IP address) on the Internet. A given server can have more than one Domain Name but a given Domain Name is only assigned to a server.
2.2. TCP/IP: a protocol of communication in a network through packet-switched.
2.3. Servers: computer equipment owned or leased by Aleve International Ltd where they are stored or hosting the data and information that the Customer enters on the Hosting Plans offered.
2.4. Hosting: space on servers owned by Aleve International Ltd, where is located the domain name and the content hosted on the Client, managing the resources and applications of the plans offered by Aleve International Ltd and collected in updated form on the website of Aleve International Ltd. The Hosting Plans are governed by the Particular Conditions offer shared hosting servers Aleve International Ltd, that is to say, several websites of different Clients are hosted in servers and resources of Aleve International Ltd.
2.5. Plesk: tool developed by Parallels from which the Client manages the resources and applications available on the Hosting Plan hired.
2.6. Customer area: a tool developed by Aleve International Ltd which is assigned to each Client and allows you to, among other actions, recruit and manage your products, view invoices, update your billing details, access the control panel and perform authenticated requests, so that each order you trigger the actions, technical and administrative measures for the development of the required action.
2.7. Personal data: any information relating to an identified or identifiable natural person (hereinafter the "data subject"); shall be deemed to be identifiable individual, any person whose identity can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more elements of the physical identity, physiological, genetic, mental, economic, cultural or social identity of that person;
2.8. Processing: any operation or set of operations which is performed upon personal data or sets of personal data, whether by automated means, such as collection, recording, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form of enabling access, comparison or interconnection, limitation, erasure or destruction.
2.9. (The Client), Responsible for the processing, or “controller”: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing.
2.10. (Aleve International Ltd), or Processor "processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The present document aims to define the Specific Conditions of Contract for the provision of, access to, and use by the Client of the Shared Hosting services (Plans) that will be specified below, as well as the conditions and form of compensation of the Client to Aleve International Ltd for the service provided.
4. Hosting plans regulated under these Particular Conditions
The conditions set forth in this agreement, shall apply to the following Hosting Plans:
4.2. La página web de Aleve International Ltd, en https://aleve-es.com, contiene información actualizada sobre las características técnicas de cada Plan. En todo caso, los recursos y aplicaciones disponibles para cada Plan de Hosting serán los publicados en cada momento en la página web de Aleve International Ltd.
4.3. Aleve International Ltd reserves the right to modify the items and conditions of Hosting Plans regulated in these Conditions, in accordance with what is established in the General Conditions. In any case, any change that affects the Hosting Plans or affecting the provisions of these Conditions shall be deemed notified by the posting of such changes on the web page of Aleve International Ltd.
4.4. The Customer may at any time engage in any other Hosting Plan higher than the previously hired from your [client area], paying the proportional part of the new Plan that left to consume. The upgrade to a new Hosting Plan does not involve any change in the date of expiry of the Hosting Plan you previously hired. The change to a Hosting Plan with fewer resources and prices may not be made unless at the time of renewing the service previously contracted.
4.5. To hire a Hosting Plan, Domain Name, shall be administered by Aleve International Ltd.
4.6. During the warranty period of thirty (30) days provided for in clause 7 of this contract, the Client can associate to the Hosting Plan to a new Domain Name registered in our platform. After the expiry of the above mentioned period, the Customer may not associate the Hosting Plan contracted to any other Domain Name. In case you choose this option, the Client must consider that this leads to the complete loss of the data or contents hosted until that moment, so that, prior to the change, the Customer shall safeguard the data or content that would have gotten up to that time under the Plan.
4.7. All Hosting Plans marketed by Aleve International Ltd and listed on their web site or in this agreement are offered under the LINUX operating system. The Customer can manage and administer the applications and resources of a Hosting Plan contracted, using the tool “Control Panel”.
4.8. In those Hosting Plans they have with selected application by Aleve International Ltd, such crap like WebFTP, WebMail, or for the creation of web sites, the Client accepts and respects the provisions in the licensing for each of the applications. The applications are delivered as-is, and no claims regarding the same. Aleve International Ltd will not provide support functional or technical support for these applications, beyond the support offered to the Hosting Plan hired.
Aleve International Ltd will not be responsible for the proper operation, safety and/or compatibility of the applications offered, as they can interfere with other programs that the Customer has already installed on your Hosting Plan.
Aleve International Ltd reserves the right to offer the version of the application that is most appropriate, as well as to modify, at any time, the apps available for each Hosting Plan on the basis of new versions or vulnerabilities detected, without the need to notify the Customer of such changes.
4.9. Limitations for excess transfer: in order to ensure the highest quality of service, Aleve International Ltd limits the volume of monthly transfer of Hosting Plans to the capabilities hired by the Client. The Customer may consult the transfer volume consumed in your client Area by using a tool created for such effect. Also, the Client will be able to control the volume transferred through the statistics that you can access from the control panel.
4.10. It is the responsibility of the Customer to properly manage the volume of monthly transfer contracted to surpass it, adopting technical measures it deems necessary in the management and administration of the service Hosting Plan as well as in the management of the specific content hosted.
4.11. When technically possible, Aleve International Ltd will try to notify the Customer of possible excesses of traffic through notifications in the Client Area or via the email provided by the Customer for billing purposes, although this system of alerts in no case replaces the Customer's responsibility to properly manage your quota of service, given that due to the technical specifications of the platform, it is not guaranteed for operation in real time and the notices sent to the Client can get to it after the detection of the excess of transfer.
5.1. The prices of the Plans Shared Hosting included in these Special Conditions will be reflected at each point in the web page of Aleve International Ltd https://aleve-es.com and will be those applicable at the time of recruitment.
5.2. The payment of services under this contract must be made in advance and Aleve International Ltd will accept the following methods of payment:
Stripe
Credit/debit card
PayPal
Bank transfer
5.3. The period of provision of the service is annual, so that the Hosting Plan will be charged annually and Aleve International Ltd will only start to provide the service once payment is received.
5.4. All prices that appear on the website of Aleve International Ltd, listed in the various sections of this agreement are subject to applicable taxes. Aleve International Ltd will issue the corresponding invoice detailing all of the concepts that make up such a bill.
5.5. In the case of a refund of any invoice submitted for payment, Aleve International Ltd applied to the Customer with a additional cost of 3 euros each return that is attributable to the Client. In case of persistent problems with the collection of the service, Aleve International Ltd, without prior notice, reserves the right to suspend the provision of the service until you remedy such problems. If, after the notice and suspension of the provision of the Hosting service, the Client does not make the payment due, the service will be definitively canceled, with the consequent elimination of data and without the right to claim for breach of the contract by the Client. This will prevent the Client from hiring new services with Aleve International Ltd, the termination of your customer account, and of all the contracted services.
5.6. In the cases in which, in accordance with what is established in the present Conditions, the Customer exceeds the monthly volume of data transfer initially hired, the Customer may choose to terminate the service during the month in which occurred the excess or credit the amount resulting from the excess, calculated at a base price of $ 0.50 for each additional GB. Aleve International Ltd has established an alert system which notifies the CUSTOMER automatically from the excesses of the traffic that occur under your hosting plan. In any case, the website will be operational at the beginning of the new month.
5.7. At the end of the month an invoice will be generated for the excess of the volume of monthly transfer, which shall be paid by the Client within ten (10) calendar days following the date of invoice. If the Customer does not make such payment within the term specified, they will suspend the provision of the service, notice, until they pay the bill.
5.8. If the Client requests a refund of your “Account Balance” shall only be processed if the available balance in your account is higher than 30 euros. In this case, we will make a bank transfer to the account number indicated by the Customer, deducting the commission charged by the provider of payment services (Section 5.2) used at the time of the insertion of the remaining balance, plus 6 Euros in concept of management expenses of the operation of the return. If the “Account Balance” has been exhausted and you are asked to return, it will be made after 120 days from the date of the insertion of the Balance.
The present terms and Conditions shall enter into force on the day of Aleve International Ltd proceed to activate the service contract once the Client has requested it through the form of recruitment and has paid the price of the service concerned.
6.1. These Terms shall be for a term of one year, counting from the formation of the contract. We will notify the Customer of the need to renew the service when you are approaching the date of expiration of the same. Once paid the bill for the renewal, the service shall be extended by a further year.
6.2. If the CLIENT does not renew the service, the services will be retained for thirty (30) days, unless the services linked to a domain .is or to a third-level domain under .is, will be retained for ten (10) days. After the indicated days, we will proceed to the removal of all data pertaining to the Plan of Hosting hired.
6.3. Each renewal will not be sent copies of any of these Terms, and shall be always in place, published at that time in the web of Aleve International Ltd, which will contain the latest version of the same.
6.4. The voluntary cancellation of a service, which will occur before the expiration of the period of service already paid by the Customer, does not entail the return of the proportional part not consumed.
6.5. The Hosting Plans are linked to a domain name whose Agent, Registrar is GoDaddy.com. Any decision or action of the Client to assume that GoDaddy no longer be considered Agent, Registrar of the domain in question, will involve the floor of the Hosting Plan, it being understood this low as voluntary cancellation of the service by the Customer and thus without the right to the return of any proportional part not consumed.
6.6. The complementary services to the Hosting Plan contracted may be turned on or off at any time while the Hosting Plan is active and the current payment; however, if an appeal or application has a monthly cost extra, turn it off before the expiry of the month, paid in advance does not entail the return of the proportional part not consumed.
7.1. In accordance with what is established in the Spanish regulations for the protection of consumers and users and the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the Customer is informed and accepts that, given the characteristics of the contracted services and the automated procedures are used, there is a similarity between the service request and the start of the execution of the contract, as well as a customisation (choice of the domain name). In this sense, once Aleve International Ltd has begun to comply with the provision of the service concerned, the Customer may not choose to withdraw from the contract.
7.2. Without prejudice to the provisions of the preceding paragraph, if the Client is not satisfied with the services hired, have a period of thirty (30) calendar days from the date of high initial Hosting Plan to terminate this contract without incurring any penalty or expense. If the Customer decides to terminate the contract within this period, Aleve International Ltd will refund the Customer the amount paid for the provision of the Hosting Plan.
7.3. This term shall not apply to renewals of the contract. If the Client decides to terminate the contract outside of the time limit referred to in this paragraph, you will lose the right to any refund for the cancellation and advance the Plan of the contracted Accommodation.
8.1. Aleve International Ltd cannot commit to ensuring that the availability of their servers to be continuous and uninterrupted for the duration of the service, due to improvements in the services themselves, problems in the network of the Internet, breakdowns, repairs, technical or maintenance tasks on computers, servers, power outages or in the data lines, and other potential contingencies of similar nature and unpredictable. For this reason, the Customer agrees to bear within reasonable limits the risks and imperfections, or unavailability of servers and expressly waive any claim of liability, whether in contract or tort, for damages to Aleve International Ltd for any errors, slowness or errors in the access to and use of the Hosting Plan contract may have their origin in the aforementioned causes.
8.2. Aleve International Ltd cannot be held responsible for anything that is solely attributable to the Client. Access to and use of the Hosting Plans is the sole responsibility of the Customer, so that Aleve International Ltd cannot be held responsible in any way (directly or indirectly) of any direct or indirect damage that the Customer may cause to third parties.
8.3. Aleve International Ltd will not assume liability for any actions that could make users created and authorized by the Customer. Also, Aleve International Ltd will not be responsible for orders that have been executed in response to requests that such users might perform through the Client Area.
8.4. Aleve International Ltd will make backups of the data on the servers. However, in case of accidental deletion of data, will not ensure its full restoration, as in the time period between the last backup and the erasure, the data may have changed. The Client undertakes to keep a backup of the files on the domain to your charge to restore them in case of need, being exclusive responsibility of the Client to perform the backup.
The price of the Hosting Plan hired does not include the replacement of the content saved via the backup copies made by Aleve International Ltd when this loss is produced by a cause attributable to the Client; the replacement is only included in the price of the Plan when the loss of content is due to causes attributable to Aleve International Ltd.
8.5. The Hosting Plans are shared equipment with other services of the same nature. For this reason, Aleve International Ltd reserves the right to suspend, in whole or in part, the provision of the service concerned in the case of notice, detect, and/or check its maintenance tasks to excessive memory consumption, CPU or any other alteration which may slow down the server in which it is located, in such a way that harm or diminish the provision of the service, or the rights of clients or third parties that shared server with your computer.
8.6. Aleve International Ltd cannot be held responsible for the consequences that may result from the lack of functioning of the e-mail address of the Customer or of the lack of communication of the change of address, as well as any erroneous information submitted by the Client due to his own negligence in maintaining assets these data.
8.7. In addition to the circumstances set out in the General Conditions, Aleve International Ltd will not be responsible for:
The content stored in the space allocated to the Client by the Hosting Plan.
Of the errors produced by the access providers.
From contamination by viruses on your computer, whose protection it is the responsibility of the Customer.
The intrusion of a third party in the Plan of the Client even if you have set protection measures are reasonable.
The configuration defective by the Customer
Damage to the equipment terminals (the Client) or misuse (the Customer's responsibility).
Of a breach by the Client of the rules of protection of personal data in connection with their activity related to the provision of the service concerned.
8.8. Aleve International Ltd shall not be liable, nor accept any claims of the CUSTOMER or of any third party, for the rejection of any legitimate email message, by the nature of the systems, anti-spam, because, among other reasons, to the possible concurrence with external technical equipment available to the CUSTOMER.
9.1. The CLIENT must pay the remuneration detailed in clause 5 of these terms and Conditions at the time indicated. The breach of this obligation will constitute Aleve International Ltd will not be responsible for the suspension or termination of the affected services or for any damage or harm that this could cause to the Client.
9.2. The Client expressly consents to the shipment of the invoices relating to the contracted service through electronic means, as indicated in the regulations on this matter.
9.3. The CLIENT will not use the Plan in a manner contrary to good faith, public order, to the current legislation and these terms and Conditions.
9.4. Make and keep a backup of the files of the Hosting Plans in order to restore them in case of need.
9.5. Monitor the size of the transfer fee contracted in order to avoid any consequence for the contracted service. In the cases in which the CLIENT exceeds the size or capacity of the service contract, the CUSTOMER will be informed of the need to adopt the appropriate measures to correct the situation. If the CUSTOMER does not heed this notice or are not adopted these measures in the indicated term, Aleve International Ltd may unilaterally terminate the contract and disable the affected service, eliminating the hosted content. The adoption of these measures in no case give rise to a possible claim by the Client, since the Client is aware of the capabilities of the service or concrete plan hired.
9.6. Also, Aleve International Ltd may suspend or terminate the provision of services to the Client at any time and without notice, if it considers that the Client is performing activities that may affect other clients and/or put in harm's way-directly or indirectly - the integrity of the infrastructure and/or services of Aleve International Ltd.
9.7. Maintain operational, active and up-to-date e-mail address provided in the form of recruitment for the communications with Aleve International Ltd, being the preferred means of communication for the dynamic and fluid management of the provision of the Plan requested. If the CUSTOMER wishes to change the email address provided in the contract form as a contact address, you must do so through the CLIENT area, with the steps of authentication to this application, so that it never disrupts the communication between both parties.
9.8. The CLIENT is solely responsible for the use and maintenance of the login and password from the CLIENT area. The use of these identifiers and the communication, even to third parties, it is the sole responsibility of the CUSTOMER.
9.9. The CUSTOMER has expressly forbidden to resell the Services hired or authorize third parties to use, in whole or in part, or to use them, introduce them, or incorporate them into the scope of a business activity or profession other than yours, unless expressly agreed with Aleve International Ltd.
9.10. Because the Hosting Plans are shared-use equipment, Aleve International Ltd will have a few technical standards that must be respected by the CLIENT at the time of developing and/or managing your Hosting Plan. The breach of this obligation will be able to empower Aleve International Ltd to suspend or terminate the provision of services to the Client at any time and without notice, if it considers that the Client is performing activities that may affect other clients and/or threatening –directly or indirectly - the integrity of the infrastructure and/or services of Aleve International Ltd.
9.11. Responsibility for the Content Hosted.
a) The CUSTOMER is entirely responsible for the content and information transmitted and stored, its use of hypertext links, the claims of third parties and any legal action that may arise. In short, the CUSTOMER is responsible regarding laws and regulations in force and rules that relate to the operation of the Plan of Accommodation, e-commerce, copyright, maintain public order, and universal principles of Internet use.
(b) accordingly, the CLIENT agrees not host or transmit through the Services content that violates the principles set out in article 8 of the Law on Services of the Information Society and Electronic Commerce (LSSICE); mainly, those that offend against the dignity of persons and/or are discriminatory on the basis of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
(c) In the case of Aleve International Ltd , by itself or at the request of a third party authorized to do so, has actual knowledge that the contents hosted by the CLIENT violate these rights of personality, intellectual and industrial property rights or any other rights established by the law, Aleve International Ltd , through communication to the email address provided by the CUSTOMER to its billing, notify the Customer of such circumstance or requirement, and, in turn, may require the CUSTOMER via the email address provided to remove voluntarily within a maximum of 24 hours.
d) In such a case, and if it had passed the said period without being granted the request, Aleve International Ltd proceed to the immediate suspension of the service or services required, it will not be renewed until you have replied to the request in the terms in each case as may be necessary, not allowing the Customer to claim for this reason the repayment of any amount that would have previously paid in respect of the payment of the service, or claim responsibility in any Aleve International Ltd for the suspension and, in your case, final cancellation of the service.
e) it Is prohibited to use the Hosting Plans in a manner contrary to good faith, and in particular, without limitation but not limited to, publication or transmission any content that, in the judgment of Aleve International Ltd, is violent, obscene, abusive, illegal, xenophobic or defamatory. The cracks, serial numbers, programs or any other content that violates intellectual property rights of third parties. The collection and/or use of personal data of other users without their express consent or contrary to the provisions of the Organic Law of Protection of Personal Data. The use of the mail server and/or their e-mail addresses for spamming, mail bombing, phishing, escrow fraud, scam 419, pharming, the diffusion of viruses (trojans, worms, etc.), or any other type of activity performed with the intention illegal, fraudulent, or criminal.
(f) In accordance with the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce, with respect to the duty to cooperate with the competent bodies, Aleve International Ltd will suspend the service contract when so required by the competent judicial or administrative that requires it formally. Also, if Aleve International Ltd has knowledge that they are committing actions clearly unlawful or which infringe the rights of third parties, shall have the right to interrupt the service and shall inform the competent authorities.
g) If Aleve International Ltd, by means of its own facilities or at the request of a third party, it detects a use of the service of accommodation that might jeopardize the security, stability or the normal operation of the service, shall have the right to interrupt the service contracted by the Client. In these cases, and provided technical reasons or safety will permit, Aleve International Ltd will advise the Customer of these circumstances, with enough time, by a notification sent to the email address provided by the Customer to hire the service, in order that the latter may adopt the appropriate measures to avoid the loss of information. The suspension of the service under these circumstances, as well as the consequences of any kind arising out of the same, will not produce any compensation, compensation or a price reduction of the service to the Customer.
h) If Aleve International Ltd be credited in any case of the man who was responsible for the customer, the CUSTOMER shall indemnify Aleve International Ltd for the costs incurred because of this case, including the fees and expenses of attorneys Aleve International Ltd, even in the case of a court decision is not final.
10. Termination
10.1. This agreement, in connection with each of the applicable services in each case, shall be settled by the causes that are supported both the Civil Code and in the Code of Commerce; In particular, for the following reasons:
(a) termination of the term or any extension thereof.
(b) By mutual agreement between the parties expressly in writing.
(c) early termination of the Terms of the Contract under the following terms: (i) the delay in the payment of the contracted services for a period exceeding two months, or by the repetition, on two occasions, of the temporary suspension of services due to a delay in the payment of the contracted services, (ii) By neglect on the part of the Client to the communications of Aleve International Ltd in connection with the maintenance, size and other characteristics of the contracted services.
10.2. In any case, the resolution and termination of the contract will lead to the removal or complete removal of the content hosted on the servers of Aleve International Ltd.
10.3. Without prejudice to the right to terminate the contractual relationship established, Aleve International Ltd you can withdraw or suspend the provision of the Services to the CLIENT at any time and without notice, if it considers that you have breached any of the obligations assumed by the CLIENT under this agreement, in particular, may require the payment of damages and losses that may arise as a result of such breach.
10.4. In the event of termination of the contract for the reasons before mentioned, or any other admitted right, the CUSTOMER and/or owner shall comply with the obligations entered into prior to the termination of the contract with Aleve International Ltd and third parties.
11. Confidentiality
11.1. Any information or documentation that either party provide to the other in the development and execution of the present contract shall be considered confidential and the sole of the person that it is provided and may not be communicated to third parties without your consent.
11.2. The parties agree to treat this agreement as confidential and undertake not to disclose any of the points contained in the same to third parties without the express consent of both parties.
11.3. Parts excluded from the category of confidential information any information that is disclosed by the party that owns it, that which is made public, that must be disclosed in accordance with the law or a judicial decision or act required of a competent authority, and that which is obtained by a third party that is not subject to any obligation of confidentiality.
11.4. This obligation of confidentiality will persist for up to two (2) years after the termination of this agreement.
11.5. Neither party will acquire any right in any confidential information or other proprietary rights of the other party because of this Agreement.
12. Intellectual and Industrial property
12.1. Under the present Conditions, the CUSTOMER shall not acquire any right or license in connection with the Hosting Plan, computer programs necessary for the provision of the service, or the technical information service trace, except for rights and licenses necessary for the fulfillment of these Terms, and solely for the duration or validity of the same. For any action that exceeds compliance with these Terms, the CLIENT will need written permission from Aleve International Ltd.
13. Policy of Protection of Personal Data
13.1. In respect of the personal data that the Client provides to Aleve International Ltd for the purchase of the Services and consultations or communications of any kind related to the management of the same, shall be applied the Policy of Protection of Personal Data published in the following link: Privacy Policy.
13.2. In addition to the above, in cases in which, as a necessary consequence of the provision of the Services, Aleve International Ltd it is considered to be “in charge of the processing” and the Client is considered the “controller” in accordance with the current legislation on the subject, the present Specific Conditions incorporated in the form of ANNEX I to the Agreement in Charge of the Treatment provided for in the regulations, in accordance with the provisions of article 12 of the data protection act, in articles 20 and 21 of the royal decree 1720/2007, and in article 28 of the Regulation EU 2016/679, stating the obligations of the controller and the processor.
14. Express acceptance of the present Conditions
14.1. These Specific Conditions, the General Conditions of Contract, technical information services and the Policy of Protection of Personal Data are included in the procedure of hiring the services of Aleve International Ltd selected by the CUSTOMER, who expressly agrees to all of its content have to hire the services.
14.2. The activation of the button to submit the request for purchase through the website of Aleve International Ltd confers the status of “CUSTOMER” and expresses the full and unreserved acceptance of the Conditions of employment of the Services requested in the version that Aleve International Ltd are made available electronically prior to the activation of the buy button.
14.3. The latest version of the Conditions of employment of each service can be found at the following address: https://aleve-es.com. Before hiring any of the Services offered, please carefully read the Terms of Service that govern the Service that you want, including the technical characteristics, operational, and functional of the Service, as well as the fees payable.
14.4. This Agreement has been drafted in the English version and Spanish. In the event of a discrepancy, the Spanish version shall prevail.
1. Agreement in Charge of the Processing of Data for the Service of Shared Hosting
These terms set forth the conditions that enable Aleve-is (hereinafter identified with the trade mark “ Aleve International Ltd ” ), to deal in the personal data arising from the execution of the contract or the provision of the services contracted by the Customer, in accordance with the provisions of article 12 of the data protection act, in articles 20 and 21 of the royal decree 1720/2007, and in article 28 of the Regulation EU 2016/679, defining the obligations of the controller and the processor.
For the purposes of this Contract, Aleve International Ltd DECLARES that its servers, systems, facilities, etc, are located within the European Union (Google Cloud Platform). Platform CPD in Belgium) and performs all the processing of data in accordance with the General Regulation of Data Protection, providing sufficient guarantees to implement appropriate technical and organisational measures.
In addition, in compliance with the duty of information to the Responsible of the Treatment, Aleve International Ltd informs that your Data Protection officer (DPO) is Aurelio Serrano & Associates. To contact the Data Protection officer of Aleve International Ltd, you can contact the following e-mail address info@aleve-es.com and the telephone number (+34) 697 88 36 89.
2. Purpose of the assignment of treatment
Using these clauses, the controller authorizes the processor to treat the personal data that this incorporates the resources allocated by the head of the Treatment under the provision, management and maintenance of shared hosting services (Hosting).
The approved treatments are strictly necessary to achieve the purposes of the provision of the services contracted for, implying in any case the accommodation and treatment of transmission in a telecommunications network data and not doing any other processing as the collection, structuring, dissemination, etc, of personal data from the controller.
3. Identification of the affected information
The Responsible stored in the resources allocated by the processor for the provision of the service, the information, data and categories of personal data that it deems appropriate based on the contracted service, and always according to his own instructions, and are solely responsible for determining the purposes, goals and means of the processing carried out.
4. Duration
The duration of this contract of treatment will be the same as that of the contract of provision of services of hosting, of which the present contract is an inseparable part, so that, after the first, shall be deemed to be also completed the second.
Upon termination of this agreement, the processor shall return the personal data to the controller or to transmit it to another person responsible appointed by it, and delete any copy in its possession. However, it may keep the data locked to address possible administrative responsibilities or jurisdiction.
5. Obligations of the controller (the Client)
In addition to those set forth in general terms the rules of data protection, are the responsibility of the Responsible of the Treatment in relation with this order of treatment the following:
Verify that the technical conditions and safety of the service of the accommodation offered by the Responsible of the Treatment are appropriate to the nature, context, scope and/or purpose of the data or treatments for which it is responsible, in accordance with their own evaluations of impact and/or risk analysis in the field of protection of data is carried out.
To facilitate the controller, the access to the data object of treatment or deliver in proper form for the correct provision of the service.
Inform interested parties whose data is being processed in accordance with data protection regulations and has legitimately obtained your consent or have legitimate reasons and verifiable for it.
Provide simple ways so that interested parties can exercise their rights under the data protection legislation.
Have risk assessments, record of the treatments and impact assessments in the event that it is required by the nature of the data processed.
Carry out the prior consultations that may be necessary.
Designate a data protection officer in the cases in which it is mandatory and communicate its identity to the Responsible of the treatment.
Inform the Data Protection Authority and/or the interested parties, in their case, about violations of the security of the data
6. Obligations of Aleve International Ltd
In relation with the instructions for use and communication of data, the Responsible party is committed to:
To use the personal data object of treatment, or that is collected for inclusion, for the purposes of this order. In any case you may use the data for its own purposes.
Treat the data in accordance with the instructions of, arising out of the contract of hosting services linked to it. If the Manager considers that any of the statements violates the RGPD, or any other provision of the Union or of the member States relating to data protection, shall immediately inform the Responsible.
Does not communicate the data to third parties, except with the express permission of the Responsible, in cases where legally permissible.
The Manager may communicate the data to other managers in the same Responsible in accordance with your instructions. In this case, the manager will identify, in advance and in writing, the entity should contact the data, the data should be communicated and the safety measures that must be applied in order to proceed with the communication. If the processor should transfer personal data to a third country or to an international organisation, in virtue of the Law of the Union or of the member States to which it is applicable, it shall inform the Responsible of such a legal requirement, except that such Right is prohibited for reasons of important public interest.
In regards to the security measures applicable to the processing, the data controller has taken appropriate security measures to ensure the confidentiality, integrity, availability and resilience of the permanent treatment systems associated with the service in the event of an incident of physical or technical, in accordance with their own evaluation of the impact of data protection.
Aleve International Ltd provides only the technical infrastructure, and in cases in which the service include, administration, security measures provided by Aleve International Ltd is limited to these functions, to the exclusion of other aspects, oblivious to the surroundings and the service provided by Aleve International Ltd, and that the Customer is obliged to comply. with.
In particular, Aleve International Ltd, with independence of the obligations assigned to the Client by virtue of the regulations, undertakes to adopt the BASIC security measures referred to in articles 89 to 94, inclusive, of the Royal Decree 1720/2007, of 21 December, which approves the Regulation of development of the Organic Law 15/1999, of 13 December, of protection of data of a personal nature.
The Customer acknowledges that these measures are commensurate with the level of security that applies to the type of information that is being treated with the occasion of the provision of the service that Aleve International Ltd performed by the Customer.
In addition to the foregoing, the manager has implemented the following safety measures: Measures:
Verification, evaluation and assessment periodical of the effectiveness of technical and organizational measures to ensure the safety of the treatment.
Ensure that any person acting under its responsibility and has access to personal data only to treat these data in accordance with instructions from the manager. The staff under the responsibility of the personnel receive regular training on confidentiality and data protection, is aware of their obligations in this respect and the consequences of breaking the law.
To maintain professional secrecy regarding the personal data whose access is governed by these terms and conditions, and undertakes not to communicate with them, even for its conservation, to other people, which obligation shall continue even after you have completed your relationships with the person Responsible.
Keep a written record of all categories of processing activities carried out on behalf of the responsible (when applicable), containing:
The name and the contact details of the processor, and each responsible for the account which will act on the charge and, in his case, the representative of the controller or of the manager and the delegate of data protection.
The categories of processing carried out on behalf of each controller.
In your case, the transfers of personal data to a third country or international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in article 49, paragraph 1, second subparagraph of the RGPD, the documentation of suitable safeguards.
In any case, it is understood that the Responsible, prior to completing this assignment of treatment, has been evaluated and accepted as conforming to the purposes and means of processing, the level of security measures implemented by the Manager in your organization and facilities.
In accordance with articles 33 and 34 of Regulation (EU) 2016/679, it is the responsibility of the controller to communicate to security breaches of the data Protection Authority and/or Data to interested parties.
The processor shall notify the controller without undue delay, and through the e-mail contact, the violations of the security of the personal data of which it has knowledge which will occur in the facilities, means and technical resources allocated to the management and maintenance of the service shared hosting (Hosting), along with all the relevant information for the documentation and communication of the incident by the Responsible of the Treatment to the competent supervisory authority (Spanish Agency of Protection of Data, www.aepd.es), and/or stakeholders.
It will not be necessary in such notice by the Responsible of the treatment when it is unlikely that such security breach poses a risk to the rights and freedoms of natural persons.
In the cases that require such notification, the following information is provided, if available:
Description of the nature of the security breach of the personal data, including, when possible, the categories and the approximate number of subjects concerned and the categories and approximate number of records of personal data affected.
The name and the contact details of the responsible data protection or other contact point where you can get more information.
Description of the potential consequences of a security breach of the personal data. violation of the security of personal data.
Description of the measures taken or proposed to remedy the security breach of the personal data, including, when appropriate, the measures taken to mitigate possible negative effects.
If it is not possible to provide the information simultaneously, make it easier to gradually without undue delay.
The processor shall cooperate in good faith with the Responsible of the Treatment by using:
Support the Responsible of the Treatment in the conduct of impact assessments in the field of data protection, when appropriate.
Support the Responsible of the Treatment in the implementation of prior consultation with the supervisory authority, when appropriate.
Provide to the controller all information necessary to demonstrate compliance with their obligations, as well as to carry out audits or inspections conducted by the controller or another auditor authorized by him.
Communicate to the Responsible of the Treatment, the identity and contact details of the Data Protection officer.
Assist the Responsible of the Treatment on the response to exercise of the rights of the data subject: Access, rectification, erasure, opposition, restriction of processing, data portability and not to be subject to automated individual decisions (including profiling). When affected to exercise these rights to the Manager of the treatment, the Treatment must be communicated by email to the email address of the person Responsible. The notification must be made immediately and in any case, no later than the next business day after the receipt of the request, together, if appropriate, other information that may be relevant to resolve the request.
The processor has not outsourced any of the services that are part of the object of this contract and which imply the processing of personal data, except for the ancillary services necessary for the normal functioning of the services and technical teams in Charge of the Treatment.
In case of being necessary to the outsourcing of some treatment, this fact must be communicated in advance and in writing to the Responsible of the Treatment, with one month in advance, indicating the treatment that they intend to subcontract and identifying clearly and unequivocally to the contractor and contact details. Outsourcing may be carried out if the person Responsible does not represent its opposition by the established deadline.
In such cases, the subcontractor or subencargado of the treatment, which will also have the condition of Charge of the treatment, is also obliged to comply with the obligations laid down in this document for the processor and the instructions given by the controller. It is the responsibility of the Manager to require the subencargado of the treatment, the compliance with such obligations.
