Last updated:
March 26th, 2025
This site / service is owned and operated by Civitfun Tourism S.L, henceforth CIVITFUN, based in 9 Aguere Street, 38005, Santa Cruz de Tenerife, Spain.
It is registered in the Mercantile Registry of SANTA CRUZ DE TENERIFE T 3358, F 130, S 8, H TF 54486
Tax Code (CIF, in Spanish): B76653088
Email: info@civitfun.com
The use of the web site attributes the status of user, and accordingly you agree to the Terms and Conditions below: these Terms of Use and Privacy and our Cookies Policy.
The Service is available for any user, for their own use and is subject to the following Terms and Conditions: these Contractual Conditions, Terms of Use and Privacy and our Cookies Policy, which will also always be available at the bottom of the online site and must not be used with illegal purposes or on a different manner defined in them.
The language in which the contract will be enhanced between the Service and the buyer will be either Spanish or English. The Spanish version will prevail in case of a conflict.
Through the SaaS -Software as a Service-, you may acquire a license for using our software, through which hotel establishments may offer their guests different possibilities to complete a check-in process online through the website integrated with the PMS which the hotel establishment is using, as well as be used by the hotels’ guests through the establishment’s website or by providing the relevant URL.
3.1.- Product Description
The products and functionalities of this SaaS are listed below.
3.1.1.- Basic Online Check-in Product
The CUSTOMER shall determine how the online check-in process is operated through the possibilities provided by CIVITFUN’s back-office. The CUSTOMER may determine what personal or business details the guest shall fill by choosing them among the specified fields listing on the back-office. The CUSTOMER may decide to enable the use of a document scanner (OCR), which allows the collection of the guest’s document image and the extraction of details by providing them with the form to be completed. Moreover, the CUSTOMER may enable the signing process of the contract(s) which the CUSTOMER would like the guest to sign through a valid signature, which shall be regulated by the EU Regulation number 910/2014. CIVITFUN shall be responsible for collecting the details, as well as for providing those details to the guest and updating them from and to the PMS. The basic Online Check-in feature may include dumping the data to PMS. In order to provide this service, in case the PMS is not found within CIVITFUN’s integrations catalog, the integration/certification with the CUSTOMER’s PMS must be carried out. CIVITFUN shall be responsible for collecting the details, as well as for providing those details to the guest and updating them from and to the PMS.
3.1.2.- T-Paperless and Push Paperless Product
T-Paperless or Push Paperless is Civitfun's solution designed to optimize the capture of guest document data in any hotel property by retrieving them:
By using this product, the CUSTOMER accepts the following Terms and Conditions. Please read these terms carefully before implementing and using the service.
3.1.2.1. Description of the Service
T-Paperless / Push Paperless facilitates the capture of document data using an Optical Character Recognition (OCR) technology through a tablet's camera. This service is designed to enable fast and efficient scanning without the need for a traditional document scanner. The effectiveness of this technology depends directly on the quality of the captured image, the condition of the document, the lighting conditions of the capture site, the use of supports to avoid unintentional movements, the use of a recommended tablet and the use of backgrounds to improve contrast.
Below, we define the minimum requirements that the Android Tablet must have to install the T-Paperless / Push Paperless product:
Failure to apply the points listed above may influence the quantity and quality of the captured data.
3.1.2.2. Hotelier's Responsibilities
Implementation: The hotelier is responsible for the correct implementation of the T-Paperless / Push Paperless service in his establishment, ensuring that the necessary hardware and software are correctly configured and operational.
Training: It is the hotelier's obligation to provide adequate training to their front desk staff and any other staff members involved, ensuring that they fully understand how to use the service effectively and securely, as the use of the document scanner involves disruption to the receptionist's operations.
Correct Use: The hotelier shall ensure that the service is used in accordance with the instructions provided by Civitfun, respecting all applicable data protection and privacy laws and regulations.
3.1.2.3. Nature of the Service
The Hotelier acknowledges and knows that T-Paperless / Push Paperless is not a conventional document scanner, but a solution based on the camera of an Android tablet. The Hotelier understands the nature and limitations of the Service and agrees to use it in accordance with the purpose for which it was designed.
3.1.2.4. Non-Refund Policy
Once the T-Paperless / Push Paperless service is contracted, the hotelier agrees that there will be no refunds or returns for the service purchased, regardless of the level of use or satisfaction with it.
3.1.2.5. Limitation of Liability
Civitfun shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the service, including but not limited to document recognition failures, data interpretation errors or loss of information.
3.1.2.6. Changes to the Terms and Conditions
Civitfun reserves the right to modify these Terms and Conditions at any time. It is the responsibility of the hotelier to periodically review these terms to ensure that it continues to comply with them.
3.1.2.7. Acceptance of the Terms
By using the T-Paperless / Push Paperless service, the hotelier indicates his full acceptance of these Terms and Conditions.
3.1.3.- Payment Protection Product
EThe CUSTOMER may enable that, during the online check-in process, a service for the booking payment is featured or saved from the guarantee card. CIVITFUN marks the guest’s booking as paid or keeps the card details through a token that is sent to the CUSTOMER’s PMS. The guest’s payment shall then be made through a payment gateway selected by the CUSTOMER. This process is safe. In order to provide this service, in case the supplier is not found within CIVITFUN’s integrations catalog, the integration/certification with the CUSTOMER’s PMS must be carried out. CIVITFUN shall be responsible for collecting the details, as well as for providing those details to the guest and updating them from and to the PMS.
3.1.4.- Room allocation feature
The CUSTOMER may enable that, during the online check-in process, a service for allocating doors is featured. The allocation feature enabled by the CUSTOMER allows the guest to choose among available rooms in their booking. This information must be made available to the customer’s PMS. CIVITFUN shall be responsible for collecting the details, as well as for providing those details to the guest and updating them from and to the PMS. In order to provide this service, in case the service is not found within CIVITFUN’s integrations catalog, the integration/certification with the CUSTOMER’s PMS must be carried out.
3.1.5.- Door Opening Product
The CUSTOMER may enable that, during the online check-in process, a service for opening doors is featured. The door opening feature allows for the creation and sending of some electronic key or digitalized information (BLE or Pincode) which allows the user to access their room. In order to provide this service, the integration/certification with the CUSTOMER’s PMS must be carried out with the CUSTOMER’S lock supplier. CIVITFUN shall be responsible for collecting the details, as well as for providing those details to the guest and updating them from and to the PMS. In order to provide this service, in case the service is not found within CIVITFUN’s integrations catalog, the integration/certification with the CUSTOMER’s PMS must be carried out.
3.1.6.- Upselling Product
The CUSTOMER may enable that, during the online check-in process, an Up-Grade service for the allocated room is featured. The Up-Grade feature allows for the update of the pending charges on PMS. The updated pending charges may be collected by activating the “Booking payment” service. CIVITFUN shall be responsible for collecting the details, as well as for providing those details to the guest and update them from and to the PMS. In order to provide this service, in case the service is not found within CIVITFUN’s integrations catalog, the integration/certification with the CUSTOMER’s PMS must be carried out.
3.1.7.- Cross-Selling Product
The CUSTOMER may enable that, during the online check-in process, a Cross-sell service for goods and services is featured. The Cross-Sell feature allows for the update of the pending charges on PMS. The updated pending charges may be collected by activating the “Booking payment” service. CIVITFUN shall be responsible for collecting the details, as well as for providing those details to the guest and updating them from and to the PMS. In order to provide this service, in case the service is not found within CIVITFUN’s integrations catalog, the integration/certification with the CUSTOMER’s PMS must be carried out.
3.1.8.- Guestlink Product
The Guestlink product is a guest communication tool that allows the configuration and sending of emails before (24, 48 and 72 hours prior to arrival), during and after the stay. Guestlink allows the CLIENT to configure and edit the notification and confirmation emails for online check-in, as well as other types of emails with Upselling and Cross-selling offers, interesting information for the guest's stay, and post-stay service rating. In order to provide this service, in the event that the service is not included in the CIVITFUN integrations catalog, it will be necessary to perform the integration/certification with the CLIENT's PMS.
3.1.8.1 - Terms and Conditions for the use of Google data in Guestlink mailings
1. Information we collect
Our application may collect the following information from users:
2. How we use the information
We use the collected data only for the following purposes:
3. How we share information
We do NOT share, sell, or disclose users' personal information to third parties, except in the following cases:
4. Data storage and security
5. Google Data and OAuth Policy Compliance
Our application complies with the Google API Services User Data Guidelines, including the ‘Limited Use’ requirement.
Further information: Google API Services User Data Policy
6. User Consent
We ask for your explicit consent before accessing your data. The user can revoke access at any time via their Google Account Settings.
7. Changes to this policy
We reserve the right to change this Privacy Policy at any time. We will notify users of significant changes through the app or by email.
3.1.9.- Guest Registration Product
The Guest Registration product allows the collection of guest information in order to be sent automatically to the competent body in those countries where the communication of guest data to the authorities is legally required. The CLIENT will be able to define which personal or commercial data the guest will have to complete by choosing them from the list of fields defined in the back-office. In order to provide this service, in the event that the service is not included in the CIVITFUN integrations catalog, it will be necessary to perform the integration/certification with the CLIENT's PMS.
As a user of CIVITFUN’s Saas, you agree to receive the invoices of your purchases electronically. In any case, the printed invoice can be shipped to the address you state provided that you request it. For more information, please contact us at info@civitfun.com
Additionally, you may modify certain items, such as changing the addresses, invoicing details or payment method. For that purpose, you must go back by pressing the corresponding button whenever possible and before the final acceptance of the purchase.
Once the purchase is made, it will be confirmed by sending an email within 24 hours to the address you previously stated. Such email will state the service that has been purchased, the price, any applicable taxes and the applicable Terms and Conditions.
Please note that we file the electronic documents where your profile purchases are formalized for legal purposes. You may access those documents anytime in your account or by requesting them at: info@civitfun.com
The inquiries that are notified through the web form will be dealt with during Spanish working hours (GTM+1). The CUSTOMER and its team may report any inquiry anytime through the digital support system via ticketing within Civitfun’s backoffice. Civitfun will liaise with the CUSTOMER in order to isolate the problem once the customer reaches out through any of the aforementioned means.
Premises:
The opening hours are Monday to Friday, 08:00-20:00, GMT+1. Therefore, should the inquiry report be submitted outside these opening hours, the response time will start at the beginning of the next working day.
The response standards in light of service issues shall not be applied in the following circumstances:
Civitfun will carry out service maintenance upon previous agreement with the CUSTOMER regarding the scheduled time. With the exception of emergencies, Civitfun shall inform the CUSTOMER at least twenty four (24) hours in advance to such scheduled maintenance. With regard to the scheduled maintenance switch-offs, they shall not exceed the following limits:
This Contract will have the duration that is stated in the business proposal, starting from the acceptance of this Contractual Conditions, and it gets automatically renewed for successive periods of ONE (1) year, unless otherwise expressly stated.
Any party may express its wish to not renew the Contract by notifying the other party, at least thirty (30) days before the expiry date of the Initial Term of the Contract, or any renewals for the CUSTOMER and ninety (90) days for Civitfun.
Additionally, should the CUSTOMER wished to terminate the contract during the Initial Term or before the expiry date of any Renewal Term, and with prior notice of a minimum of thirty (30) days in both cases, the CUSTOMER will not be able to claim any amount whatsoever of the fulfilled yearly payment.
Once the Contract is terminated, the subject of the contract will expire, without prejudice to any legal action that might correspond to each one of the Parties in the event of non-compliances.
The prices of the services offered are indicated in euros (€), and the applicable taxes are applied at the time of purchase.
In any case, the transaction may be exempted from taxations or not subject to VAT depending on your country of residence or the status in which you are acting. Thus, the final price of the order may be altered with respect to the one stated.
The price of the services shall be the one that is stipulated at any time on the website, except in cases of obvious error. Even though we try to make sure that all prices stated on the website are right, some errors might occur.
Should an error in the price of the services ordered by the customer be found out, the Service will, after informing you as soon as possible, give you the option to either reconfirm your order with the right price or cancel it. Should the Service not be able to contact the Customer, the order will be deemed as canceled and the already paid sums will be fully refunded.
The Service is under no obligation to provide the services (even when the confirmation of the service was sent) in the case of an obvious and explicit error in price and if such error could have reasonably been identified by the customer as a wrong price.
The prices of the services may vary, but (other than as set out above) the possible changes will not affect the orders with regard to the ones whose shipping confirmation was sent.
Lastly, the buyer undertakes to make a diligent use of the service and in good faith, to meet the payment of the set price and is responsible for the truthfulness of the details provided that are required for the transaction.
Should you need any clarification or should there be any issues or claims, you may contact us at the following email address: info@civitfun.com
The purchased services shall be paid upfront and in its entirety through:
In this respect, the Service informs credit and debit card owners that transactions in the online shop are made through a safe gateway, using TLS technology to ensure the security of data transmission.
9.1. Proprietary content
The content and information of the Service (details, text, sound, image or computer code), as well as the hardware or software elements, source code and database structure used to provide such content and information, are either owned by Civitfun or Civitfun has the corresponding authorization in place to use them.
Civitfun owns, or holds the relevant authorizations of, all proprietary rights, trademarks, domains, logos, commercial images, patents and other related intellectual property rights. You are not allowed to use our proprietary rights, trademarks, domains, logos, commercial images, patents or other related intellectual property rights unless we grant you our expressed permission to do so. Furthermore, it is forbidden to modify, reproduce, duplicate, copy, distribute, sell, resell and other ways of exploitation for commercial purposes, or equivalent, of the Service.
9.1.1. Complaints
Civitfun undertakes to help people and organizations protect their intellectual property rights. Our users agree to our terms when accessing or using our Service. Our terms do not allow our users to infringe or violate someone else’s intellectual property rights, including their copyrights and registered trademarks.
To notify a potential violation of the copyrights or registered trademarks rights and to request that Civitfun deletes any content that is held in the Service and that may be illegal, please send us a violation notification, including: your contact information, infringed works, content which those works infringe, where that works are located in our Service, the reasons why you deem it as a violation and your signature.
You may send it to the following email address: info@civitfun.com
9.2. License
We grant you, for providing the Service, a user license, which is revocable, non-exclusive, and cannot be sublicensed or transferred to use our Service. This is subject to and in accordance with our terms. This license is granted with the sole purpose of allowing you to use our Service as stipulated in our terms.
The user license includes all necessary information and additions to the content of the program and its technical specifications in order for this to be useful for the CUSTOMER.
You need our prior written consent for any other use to the content of the Service.
10.1. Withdrawal
Given the nature of the services and products provided by Civitfun, the withdrawal right shall not be applicable in accordance with article 103, section m) of Royal Legislative Decree 1/2007 of November 16th, which approves the consolidated text of the General Law on Consumers and Users protection and other complementary laws.
In that respect, the acquisition by the user of any subscriptions offered by the Service, whether for a natural or legal person, must be paid upfront and in its entirety.
10.2. Cancellations and refunds
The user may cancel their subscription to the Service at any time, from their own account or by contacting us at info@civitfun.com
While you may cancel your subscription at any time, partial or full refunds of the subscription amount will not be made. You will still have access to all contents until the end of your billing period
The signed subscriptions shall not be assigned or transferred to other users of the Service.
Should you have any questions, please contact us at: info@civitfun.com
The services offered in the Service and their prices will be available to be acquired as long as they are included in the products catalog displayed via this website.
In any case, the Service reserves the right to make any changes deemed appropriate, and it may update products and services based on the market.
The Service reserves the right to change the prices without prior notice.
Please note that, despite the updates on the Service prices, these might contain some errors. We promptly correct every error that appears, however, they will not be binding on the Service.
Additionally, the Service may, at its sole discretion, create promotional codes that may be exchanged for products or discounts from part of the price of the products to be purchased by the user, subject to these terms or any additional terms that the Service specifically defines for each promotional code.
Should you use any promotional codes, you agree that they:
As stated above, the entire purchase procedure, as well as the transfer of your personal details and the payment systems, is made on a secure and encrypted webpage through the TLS protocol.
We ensure the Service’s security as per the latest technological know-how. However, the Service may not ensure the entire future security hereof. In any case, we do undertake to rectify and implement the appropriate corrective measures in order to resolve a potential security breach as soon as possible.
You undertake to immediately notify the Service and through the email address info@civitfun.com, any situation that might lead to user’s identity theft.
The Service will exercise the utmost diligence in order to provide the service, including truthfulness, thoroughness and timeliness of the content and the availability and continuity of the functioning of the service.
In any case, the user understands that the Service might contain some errors and omissions which will be resolved as soon as they are spotted or reported. Besides that, the Service will ensure to provide early warning of the disruptions that may occur in the functioning of the service.
In any case, the Service shall not be responsible for the level of usefulness that users may have attributed to the service.
Additionally, the Service accepts no liability for the damages of any nature that might be due to the use of the service and its content by users, customers, or professionals, or that may be attributable to the lack of truthfulness, validity or authenticity of the information that users provide others with regard to themselves. In particular, the Service accepts no liability for the damages of any nature that may be due to a third party’s identity theft carried out by a user in any communications taken place through the Service.
13.1. Causes of Force Majeure
The Parties shall not be liable for their failure to fulfill its contractual obligations should the execution of such obligations be delayed, blocked, obstructed, or hindered by an event of force majeure or unforeseen circumstances. Should either of these events occur, the affected party shall be exempted of executing its obligations or liabilities under this Contract without any penalty, until such event stops, according to the below terms set forth.
Occasionally, during the term of this Contract, any of the Parties may acquire the other Party’s confidential or proprietary information with regard to the other Party’s business. Confidential information means all non-public, confidential or property nature information which had never before been released, during or after the Term, by a party which provides Confidential Information (the “Sender”) to the other Party (the “Recipient”) or to its affiliates, or to any of its affiliates or their respective employees, officials, managers, partners, shareholders, agents, lawyers, accountants or advisors (collectively, “Representatives”), whether verbally shared or in writing, electronically or otherwise, and whether marked, assigned or identified as “confidential” or not, whether verbally shared or accessed or shared in writing, electronically or otherwise, and whether marked, assigned or identified as “confidential” or not. The Confidential Information may be included in documents, drawings, diagrams, in digital format or in any other format, and may be transmitted verbally, in writing, electronically, or by visual observation and other means. The Confidential Information includes, but is not limited to:
14.1. Exceptions to the Confidential Information
The following information shall not be deemed as Confidential Information in accordance with the present Agreement’s terms:
a) public knowledge information at the time of the reception of this information by the Recipient;
b) information which, after the reception of this information by the Recipient, has been published or is considered of public knowledge due to a cause beyond the Recipient’s control, and which is not attributable to the Recipient or to anyone to whom the Recipient might have transmitted the information;
c) disclosed information that has been required by law or by any governmental or regulatory authority with jurisdiction over the Recipient with the purpose of fulfilling a valid court or administrative order;
d) information which has been disclosed by any of the Parties, in the case of any Party being listed on the stock exchange or having issued financial instruments in a stock exchange, with the purpose of fulfilling its appropriate legal requirements, even when it has been disclosed without the other Party’s consent;
Disclosed/Public Information or Public Knowledge Information: Information regarding the Sender that is of public knowledge as a result of being disclosed, in the absence of any act from the Recipient, by some national or mass and concentrated distribution media;
The Parties’ obligation of confidentiality shall prevail during the Term of this Contract.
15.1. No Party may assign, subrogate, transfer or delegate the present contract or any of its obligations without prior written notice and authorization from the other party at least 30 calendar days before.
Notwithstanding the foregoing, and for the purposes of this stipulation, any corporate restructuring transaction in which any of the companies is affected shall not be deemed as assignment, subrogation, transfer or delegation, as well as the participation of third parties in their equity to the extent that such change does not mean the acquirer takes actual control, which shall be immediately notified to the other party.
15.2. The declaration of any of the stipulations as null, invalid or ineffective shall not affect the validity or effect of the remaining ones, which shall remain binding for the parties.
15.3. We may update the Terms and Conditions of the Service in the future, as well as specifications and features of the Service itself.
We shall inform you of the changes in the Terms and Conditions by placing a notice in a prominent place on our website or by email.
In the case of disputes, this Service is subject to the laws and courts of the consumer’s address should the Customer have such status.
Should anyone who contracts the Service not be legally considered as a consumer, in case of disputes the parties are subject to Palma de Majorca’s court and the Spanish laws.
In this respect, and according to the applicable regulations, the Service informs of the existence of an online European platform of dispute resolution which facilitates extrajudicial resolution of such disputes for, likewise, contracts made online between consumers and Internet service providers. Such platform may be accessed through the following webpage: http://ec.europa.eu/odr
Feel free to contact us for further clarification, issues or claims through:
E-mail: info@civitfun.com
Mailing address: 9 Aguere Street, 38005, Santa Cruz de Tenerife, Spain.
1. That Civitfun provides a service by which hotel establishments may offer their guests different possibilities to complete an online check-in process, to make a payment for the booking, rooms allocation, and an Upselling and Cross-Selling service.
2. That the Customer has a hotel accommodation in place and requires the collection of guests’ details in order to activate an online check-in system and to provide services derived from it or related to it.
3. That within the framework of such relationship, Civitfun acts as a responsible actor for data handling and defines, as part of the handling objectives, the collection of users’ data that is necessary for the online check-in processes, the contracting of other services when these are requested and the ending of commercial communications to the users, in compliance with the legal requirements in each case. Likewise, Civitfun defines the most appropriate handling means to achieve the objective, which Civitfun does not carry out under the guidelines of the Customer, but in a coordinated manner with them. In that respect, it defines what means shall be applied regarding data to be collected, the registration method, how to enquire, the structuring, modification or deletion of data, and shall provide the Customer with the specific data that is required, according to the guest, the final service or the current law.
Responsible of Handling means any natural or legal person, of a public or private nature, or administrative body that has the power to decide on the handling purpose, content, and use.
4. That the Customer acts as co-responsible actor for certain data handling for their part, since it determines, as a common objective of data handling, the collection of the users’ necessary data for the online check-in processes, contracting other services, when requested, and the sending of commercial communications to the users, in compliance with the legal requirements in each case.
Co-responsible of Handling means any party that jointly sets objectives and handling means.
5. That, likewise, both shall act as Subsequent Independent Responsible actors for any data handling in which every one of these parties has an independent purpose and independent means on their part.
6. That given the terms of the agreement between the parties, the following joint responsibility agreement is established, in which the Responsible shall specifically handle data regarding:
As for the Co-responsible, they shall specifically handle data regarding:
7. To achieve the purpose set out on this agreement, the Responsible actor shall provide the Co-responsible actor access to a platform for collecting end customers’ data, where it may establish part of the Customers’ required data in order to fulfill the purposes established by both parties, as well as include a link leading to their own Privacy Policy.
As for the Responsible actor, it should define the collection of identification data in order to fulfill the established purposes, as well as include a link leading to their own Privacy Policy.
In particular, the purposes established under the joint responsibility agreement are the following:
8. The duration of the present agreement is set out in the commercial offer agreed between the parties.
9. Both parties agree:
a) To use the personal data that is subject to handling, or the data collected to be included, with the sole purpose of fulfilling this agreement. In no case they may use the data for their own purpose beyond the joint responsibility status.
In any case, the co-responsible parties shall, at the time of the collection of the data, provide the information regarding data handling measures to be implemented, including the identity of those responsible for the handling.
b) Not to disclose, whether directly or indirectly, the handled data to non-authorized third parties, unless there is a prior written consent of the other Party.
c) To have the appropriate security measures in place based on the handled data and the applicable regulation.
d) To keep a written record of all the categories of handling activities carried out, as well as to jointly perform impact analyses regarding data protection, when applicable.
e) If one of the parties shall transfer personal data to a third country or to an international organization, this party shall inform the other party of this legal requirement before it happens, unless that Right forbids it for reasons of substantial public interest.
f) To keep the duty of secrecy regarding the personal details to which it might have had access under this agreement, and even after its subject is finalized.
g) To ensure that the people who are authorized to handle personal data undertake, expressly and in writing, to respect confidentiality and to conform to the pertinent security measures, of which they shall be appropriately informed.
h) To keep supporting documentation of the fulfillment of the obligation established in the section above at the disposal of the other party.
i) To ensure the people who are authorized for handling personal data have the necessary training with regard to personal data protection.
j) To support in prior inquiries to the supervisory authority, if applicable.
k) To make all necessary information available for proving the fulfillment of its obligations to the other party, as well as for audits or inspections that might take place.
l) If a data protection delegate is appointed, he or she shall divulge his or her identity and contact details to the other party.
m) To ensure, on the part of the concerned parties before any of the co-responsible parties, the exercise of the following rights:
n) To resolve the requests regarding the exercise of rights within the established timeframe and to communicate to the other party the reception of the request with the purpose of jointly resolving the above mentioned requests.
10.- Once the service provision contract between the parties has expired, each party shall return their personal data to the other party and, if applicable, the support tools where they are kept.
Such return shall mean that the existing data are completely deleted from the computer systems used by the parties. Nevertheless, they may keep a backup, having appropriately blocked the data, for as long as they shall be potentially liable for the execution of the provision.
11.- The Responsible actor shall be responsible for facilitating the information right at the time of the collection of the data to those concerned, in accordance with articles 13 and 14 of GDPR.
12.- The Co-responsible actor shall be responsible for enabling and dealing with the exercise of the rights of those concerned, with appropriate support from the Responsible party. In any case, those concerned may exercise their rights under legislation with and against each of the parties.
13.- The parties may hire data handlers if needed for the normal functioning of the services provided. In any case, this shall always be in accordance with the provisions of Article 28 GDPR.
Should subcontracting some part of the handling be necessary, this shall be informed with prior notice and in writing by the affected party to the other one, 20 days in advance, and stating the specific handling actions intended to be subcontracted and clearly and explicitly identifying the name of the subcontracting company and its contact details. Such subcontracting may be brought about unless otherwise declared within the established timeframe.
14.- CEach of the parties shall inform the other people or entities that are responsible for handling data, without undue delay, and within 48 hours in any case, through electronic communication, of the security breaches to personal data for which they are responsible, together with all information relevant to the documentation and communication of the issue. Prior notification need not be given if such security breach is not likely to pose a risk to the rights and freedom of private individuals.
Should it be available, the following information, at the very least, shall then be provided:
a) Description of the nature, consequences and measures taken regarding personal data’s security breach.
b) The Data Protection Officer’s name and contact details or those of another point of contact from whom more information may be gathered.
Additionally, the handling co-responsible actor who experiences a personal data’s security breach shall inform those concerned of such situation as soon as possible, when such breach is likely to pose a high risk to the rights and freedom of private individuals. This communication shall be expressed in a clear, simple language and shall, at the very least:
15. Subsequently, each party may act as a Subsequent Responsible actor for those purposes of its own and those that have not been jointly agreed. To do so, it shall, in any case, have the appropriate legitimacy (e.g. contract execution, explicit consent, legitimate interest, public interest, legal obligation, or vital interest) and obligations of its own in such operative form and shall, in any case, adequately inform end users.
16. The present contract shall be interpreted and regulated in accordance with the Spanish law in all matters that are not explicitly covered.
The interested parties agree that any dispute, discrepancy, issue or appeal resulting from the execution or interpretation of the present agreement or related, directly or indirectly, to it shall finally be settled by way of arbitration by Majorca’s Official Chamber of Commerce, Industry, and Navigation, to which administering arbitration has been assigned, and, where appropriate, so has the assignation of the arbitration in accordance with its Regulation, and thus obliges them to comply with the arbitration decision.
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