Terms of use

These conditions of use (hereinafter, the "Terms of Use"), regulate the access and use of the platform www.reclamadatos.es (hereinafter, the "Platform") and the provision of services offered through it.

In compliance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that the Platform is owned by:

Identity:
RECLAMADATOS, S.L. (hereinafter "the Platform")
N.I.F.:
B67236026
Registered office:
Ronda General Mitre, 126, 6th floor, 08021, Barcelona
Registro Mercantil de Barcelona, Tomo 46478, Folio 141, Hoja 521322, InscripciĆ³n 1

You can contact us through the following electronic form.

  1. Acceptance

    Browsing, as well as simply accessing the Platform, creating an account and/or contracting the services offered through the Platform confers the status of user (hereinafter, "User(s)") and implies full and unreserved acceptance of these Terms of Use as well as any modifications introduced.

    The contracting of the services offered on the Platform is conditional upon acceptance of these Terms of Use. Therefore, the user who contracts the services offered on the Platform admits having read the present Terms of Use.

    Likewise, the use of the Platform or the contracting of the services offered on the Platform are subject to all legal notices, conditions, policies, authorisations or instructions made known to the User through the Platform and which complete, modify and/or replace the present Terms of Use.

  2. Legal capacity

    The services and content offered through the Platform are only intended for natural or legal persons who, in accordance with the applicable legislation, are of legal age and have sufficient legal capacity to accept these Terms of Use and who have not been excluded by claims for contravention of any of the provisions of these Terms of Use.

  3. Services offered through the Platform

    Reclamadatos offers Users the following services through the Platform:

    a) "Find out who has your personal data": is a free online tool, available on the Platform, that allows the User to connect his/her email address with Reclamadatos, in order to allow Reclamadatos to access his/her list of senders (e.g. @entidad.com) and identify which companies process his/her personal data.

    The User may withdraw access to his/her e-mail address at any time by accessing the "My profile" section of the Platform.

    b) "Claim your GDPR Rights" (BASIC Plan): this is a free online service, available on the Platform, which allows the User to exercise the rights of access, rectification, deletion, limitation of processing, portability and opposition provided for in EU Regulation 2016/679 of 27 April (hereinafter, "GDPR Rights"). reclamadatos, in its capacity as the User's voluntary representative, will exercise the GDPR Rights with the companies that the User selects for this purpose on the Platform (hereinafter, "Entrustment").

    For the "Claim your GDPR Rights" service, the User must select the GDPR Right that he/she wishes to claim on the Platform and complete and sign the Authorisation form, following the indications and providing the documentation indicated on the Platform (hereinafter, "Order") and click "Claim".

    Reclamadatos will assign a reference number to the Order, which will be sent to the User by e-mail. In no case shall the assignment of a reference number be considered as acceptance of the Order by Reclamadatos, which shall be conditional upon validation of the information and documentation provided by the User.

    If the information and/or documentation provided is incorrect and/or incomplete, reclamadatos will contact the User by e-mail to request any additional information or corrections that may be necessary. After validating the information and documentation provided, reclamadatos will send the RGPD Rights claims to the companies selected by the User. The User may check the status of their complaints and the companies' replies by accessing the "My complaints" section of the Platform.

    Reclamadatos will process all the Order(s) made exclusively in accordance with the provisions of these Terms and the Authorisation form. Under no circumstances may an Order be modified, once requested by the User, without the written consent of reclamadatos.

  4. Intellectual and industrial property

    Unless otherwise provided in this clause, all industrial and intellectual property rights, as well as all the information contained in the Platform (images, trademarks, graphic designs, source code, design, navigation structure, databases and any content appearing therein) are owned by reclamadatos or, where applicable, are duly licensed by the owner, and access to or use of the Platform shall not be construed as granting the User any rights over them.

    The names and signs of reclamadatos that appear on the Platform are the property of reclamadatos and are duly registered or in the process of registration. The names and signs of other products, services and companies that appear on the Platform may be trademarks or other distinctive signs owned by their respective and legitimate owners, and are used solely for the purpose of designating products or services as corresponding to their respective owners or to refer to them, for the simple purpose of providing Users with comprehensible and complete information on the identification and destination of a product or service, without there being a commercial link between reclamadatos and the owners of the same.

    These Terms of Use do not transfer any industrial or intellectual property rights over the services offered on the Platform or any of its constituent elements (images, trademarks, graphic designs, source code, design, navigation structure, databases, and any other content that appears therein), and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them, by any means or procedure, except in cases where it is legally permitted to do so, transformation, distribution, public communication, making available, extraction, reuse, resending or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or is expressly authorised in writing by reclamadatos and/or the owner of the corresponding rights.

    The User is only authorised to view and obtain a temporary private copy of the contents for his/her exclusive personal and private use on his/her computer systems (software and hardware) without being able to subsequently transfer them to third parties. With the aforementioned exceptions, the User may not modify or reproduce this information, either in part or in full, without the express written consent of reclamadatos. By way of example, but without limitation:

    (i) The User is not authorised to use the information contained in the Platform for the purpose of developing activities of a commercial or professional nature (direct sales or for any other commercial purpose or to market the information in any way whatsoever).

    (ii) The User is not authorised to delete, evade or manipulate the copyright and other data identifying the rights of reclamadatos, as well as any other protection mechanisms.

    (iii) The User is not authorised to disassemble, decompile or invert the databases in which the Platform's information is stored.

    All information and contents of the Platform are protected by copyright. The unauthorised use of the information contained in this Platform, its resale, as well as the infringement of the industrial and intellectual property rights of reclamadatos, will give rise to the legally established responsibilities.

  5. Link policy

    Reclamadatos does not guarantee or assume any type of responsibility for damages suffered by accessing third-party content through possible connections, links or links to sites linked from the Platform. The function that such links may have is exclusively to inform Users of the existence of other sources of information or other Internet content and services. reclamadatos shall in no case be responsible for the results obtained through such links or for the consequences that may arise from Users' access to them. These third-party contents are provided by third parties, and therefore reclamadatos cannot control the legality of such contents or the quality of the services offered therein.

  6. User responsibility

    In general, the user is obliged to comply with these Terms, as well as to comply with the special warnings or instructions for use contained herein and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the Platform in any way that may impede, damage or deteriorate the normal operation of the same, the goods or rights of reclamadatos, its suppliers, other Users or any third party in general.

    In particular, when the User accesses the Platform for the purpose of contracting the services offered, he/she undertakes to strictly comply with the following obligations:

    a) The User shall check, before contracting through the Platform, the characteristics of the service and functionalities on offer. By sending the corresponding contracting form, the User accepts the Terms set out herein and undertakes to respect the use and prohibitions established therein. The User shall be fully responsible for the use made of the contracted service, exonerating reclamadatos from liability for any damage that may be caused by any correct or incorrect use of the service.

    b) The fact that the User completes the form does not imply automatic acceptance by reclamadatos of said order, but it will be understood that he/she accepts it when reclamadatos sends him/her an e-mail confirming the request.

    c) The services offered on the Platform shall be provided only to end clients. Any unauthorised commercial use or resale thereof is expressly prohibited, unless expressly authorised by reclamadatos.

    d) The User undertakes to enable the requested service to be provided by providing a valid e-mail address.

    Likewise, and without this implying any restriction of the above obligations, during the use of the Platform or the provision of the services offered therein, the User undertakes and undertakes to:

    • a) Provide truthful data, information and/or documentation, as well as to keep them up to date. reclamadatos reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Platform in the event that the data provided is or may be false, inaccurate or misleading.

    • b) Not to introduce, store or disseminate on or from the Platform, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and in general the current regulations.

    • c) Not to introduce, store or disseminate through the Platform any programme, data, virus, code or any other electronic or physical device that may cause damage to the Platform, to the service, or to any of the equipment, systems or networks of reclamadatos, of any other User, of reclamadatos' suppliers or, in general, of any third party.

    • d) Not to carry out advertising or commercial exploitation activities through the Platform, and not to use the contents and information contained therein to send advertising, or to send messages for any other commercial purpose, or to collect or store personal data of third parties.

    • e) Not to use false identities, or impersonate others in the use of the Platform or in the use of the Service, including the use of passwords or access codes of third parties or in any other way;

    • f) Not to destroy, alter, render useless or damage the data, information, programmes or electronic documents of reclamadatos, its suppliers or third parties;

    • g) Not to introduce, store or disseminate through the Platform any content that infringes industrial and/or intellectual property rights or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties; and

    • h) Not to damage the image, interests and/or rights of claimants and/or third parties.

    Reclamadatos reserves the right to exclude or disallow the contracting of the services offered on the Platform to users it considers to be in breach of current legislation, these Terms of Use, morality, generally accepted customs or public order, as well as to any other user whose access is considered by reclamadatos to be inadvisable for reasons derived from the image, reputation of reclamadatos or other reasons.

  7. Liability of Claimants

    Reclamadatos undertakes to make available to the user on the Platform the necessary information concerning the products it offers and these updated Terms and Terms.

    The content and services may evolve and reclamadatos reserves the right to change the brand, logo, domain name (URL), presentation and any other elements it deems appropriate in relation to its products. The User accepts that access to the Platform, the content and the service of said site is that which exists at any given time. reclamadatos will not accept any claim whatsoever for content, services, updates, connections and/or changes in general that affect its services.

    Reclamadatos requires its suppliers to comply with European regulations. In this sense, reclamadatos is not responsible for personal and/or material damages derived from the use of the Platform or the services contracted through it. Likewise, reclamadatos shall not be liable for any personal or material damage resulting from improper use of the Platform or the services offered.

    Reclamadatos may contract or collaborate with subcontractors or third parties to provide the services offered on the Platform.

    The User assumes all liability arising from the use of the Platform and/or the services contracted through the same, and is solely responsible for any direct or indirect effects arising from such use, including, but not limited to, any adverse economic, technical and/or legal results, as well as any disappointment of the expectations generated by this Platform, and the User undertakes to hold Reclamadatos harmless for any claims from third parties arising, directly or indirectly, from such events.

    Reclamadatos shall not be liable for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in users' computer apparatus and equipment, caused by reasons beyond the control of reclamadatos that prevent or delay access to or browsing of the Platform, nor delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems, nor the impossibility of providing services or allowing the User to access the Platform for reasons not attributable to reclamadatos, due to the User, third parties, or force majeure.

    Nevertheless, reclamadatos declares that it has adopted and will adopt all necessary measures within its possibilities and the state of technology to guarantee the correct functioning of this Platform, as well as the provision of the services offered through it, and to avoid the existence and transmission of viruses and other harmful components to Users.

    Reclamadatos reserves the right to interrupt access to the Platform, as well as the provision of the services offered through the Platform, at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other reason.

    Reclamadatos does not control, in general, the use that Users make of the Platform. In particular, reclamadatos does not guarantee in any way that Users use the Platform in accordance with the law, these Terms, generally accepted morals and good customs and public order, nor that they do so in a diligent and prudent manner. Consequently, reclamadatos is not responsible for the use that the User makes of the content of the Platform or its passwords that may involve a violation of any type of regulation, national or international, of industrial and intellectual property rights or any other rights of third parties.

  8. Notifications

    Applicable regulations require that some of the information and/or communications sent to Users must be in writing. By using the Platform, the User accepts that communications with reclamadatos will be electronic. reclamadatos will contact Users by e-mail or provide information by posting notices on the Platform. The User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent by reclamadatos electronically comply with the legal requirement that they be in writing.

    Users should send communications and/or notifications to reclamadatos preferably through the various means of contact indicated in the "Contact" section of the Platform.

  9. Independence

    Any clause or stipulation of these Terms that is invalid, void or illegal shall not affect, prejudice or invalidate, provided that it is not essential for the fulfilment of the purpose of these Terms, any other Terms or provisions contained herein, which shall remain in force and effect.

  10. Entirety of the contract

    The contract document between the User and reclamadatos consists of these Terms and, where applicable, the Authorisation completed by the User with his/her personal data through the Platform, which complete the present document, prevailing over any other prior or simultaneous verbal or written agreement.

  11. Applicable law and jurisdiction

    The validity, execution and interpretation of these Terms of Use as well as the provision of services through the Platform shall be governed in all respects by Spanish civil and commercial law.

    Reclamadatos and the User undertake to attempt to amicably resolve any disagreement that may arise in the development of the contractual relationship, prior to going to the competent jurisdiction. In this regard, and with the aim of attempting to resolve any dispute that may arise amicably, the User undertakes to contact the customer service department of reclamadatos by the following means: RECLAMADATOS, S.L., Ronda General Mitre, 126, 6th floor, 08021 Barcelona or by using the form in the "Contact" section of the Platform, before submitting a claim to any administrative or judicial authority.

    Likewise, pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, reclamadatos informs you that, in the event of a dispute, the User resident of the European Union may use the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to resolve out-of-court any dispute arising from the provision of services offered by reclamadatos. You can access the "Online Dispute Resolution Platform" through the following link: https://ec.europa.eu/consumers/odr/

    In the event of any conflict, dispute, discrepancy, question or claim arising from the execution, interpretation and/or application of these Terms of Use and/or use of the Platform that has not been resolved amicably between the parties, it shall be definitively resolved by the Courts and Tribunals of the city of Barcelona, unless a different jurisdiction is established by law. In this regard, it should be pointed out that, if the user is a consumer (i.e. a natural or legal person acting outside the scope of a business or professional activity), the above submission shall not be applicable, and the courts and tribunals of the User's address shall have jurisdiction.

These Terms of Use are current as of 8 May 2020.

Do you have questions? Check our frequently asked questions or contact with us.