Terms and Conditions

Last Updated: January 12, 2025.

GENERAL TERMS AND CONDITIONS FOR ACCESS AND USE OF SCOPE

1. SCOPE, PURPOSE, AND EXTENT OF THE GENERAL TERMS AND CONDITIONS

These provisions (hereinafter, the “GENERAL TERMS AND CONDITIONS“) govern the terms and conditions for access and use of the “SCOPE Platform” (hereinafter, the “SCOPE PLATFORM“) made available by the company GALDE ANALYTICS, S.L. (a legal entity duly incorporated under Spanish law, headquartered in Bilbao (Bizkaia), Av. Alameda de Mazarredo, No. 47, registered in the Mercantile Registry of Bizkaia under volume 6,246, folio 174, sheet BI-82,276, with Tax Identification Number B-10641728) to the professional client contracting it (hereinafter, the “USER“).

By completing their registration, the USER expressly and unreservedly accepts the GENERAL TERMS AND CONDITIONS, such acceptance having the same validity and effect as any written and signed contract. Should the USER not fully accept the GENERAL TERMS AND CONDITIONS, they will not be authorized to use the SCOPE PLATFORM.

2. GENERAL DESCRIPTION AND FEATURES OF THE SCOPE PLATFORM

2.1. Nature, Content, and Functionalities of the SCOPE PLATFORM

The SCOPE PLATFORM is a modular technological solution designed and developed by GALDE ANALYTICS, S.L., enabling the creation of market studies through the use of Generative AI, combined with reliable, reputable, and international data sources.

The SCOPE PLATFORM includes several functional modules differentiated based on the depth of analysis they provide in studies (hereinafter, the “MODULES“).

The SCOPE PLATFORM comprises (i) a set of software programs and other technological assets and services (hereinafter, the “SOFTWARE“); (ii) proprietary analysis and diagnostic methodologies of GALDE ANALYTICS, S.L. and/or third parties (hereinafter, the “METHODOLOGIES“); and (iii) questionnaires/evaluation tests (hereinafter, the “QUESTIONNAIRES“), hosted in a cloud computing system and made available to the USER as “Software as a Service” or “SaaS.”

The SCOPE PLATFORM is designed as a professional tool that aids in conducting market studies by automating market analysis processes and providing reasoned suggestions for product development, team composition, business model definition, the influence of intellectual property elements, and potential competitor or collaborator activities. Consequently, the SCOPE PLATFORM does not replace the USER’s professional work or guarantee appropriate results without the USER’s supervision.

2.2. Usage License

Acceptance of the GENERAL TERMS AND CONDITIONS grants the USER a right to access and use the SCOPE PLATFORM and, consequently, the SOFTWARE, METHODOLOGY, and QUESTIONNAIRES, as outlined in Clause 4 below (hereinafter, the “USAGE LICENSE“).

This right of access and use acquired under the USAGE LICENSE will be limited, for each individual project developed for an organization using the SCOPE PLATFORM (hereinafter, the “PROJECT(S)“), to the MODULES selected by the USER for the specific PROJECT.

3. ACCESS AND USE OF THE SCOPE PLATFORM

3.1. Technical Requirements

The USER is responsible for providing the computer equipment, mobile devices, and Internet connections necessary to access and use the SCOPE PLATFORM, without GALDE ANALYTICS, S.L. assuming any obligation to supply such elements.

3.2. USER Registration and Access to the SCOPE PLATFORM

Access and use of the SCOPE PLATFORM require USER registration through the system established by GALDE ANALYTICS, S.L. for this purpose.

USER registration is available to anyone meeting the registration conditions. By completing their registration, the USER and/or their representative guarantees to GALDE ANALYTICS, S.L. that (i) they are of legal age and possess the legal capacity required to formalize contracts or, alternatively, they duly represent an entity or legal person with such capacity; (ii) they themselves or the entity or legal person they represent comply with the aforementioned requirements at the time of registration; and (iii) all the information provided for registration is accurate.

Once the registration is complete, the USER will have access to the SCOPE PLATFORM via the URL scope.galde.app or any other URL that may replace it in the future (hereinafter, the “ACCESS POINT“), using a username and password previously provided by GALDE ANALYTICS, S.L.

The USER must use their assigned username and password diligently, ensuring their proper custody and confidentiality, and must not share them with third parties, either temporarily or permanently, nor allow access to third parties.

In case of theft, loss, or unauthorized access to their username and password, the USER is responsible for notifying GALDE ANALYTICS, S.L. immediately so that it can proceed with cancellation. GALDE ANALYTICS, S.L. will not be liable for actions performed by unauthorized third parties using the USER’s username and password until such notification is made.

3.3. Instructions for Using the SCOPE PLATFORM

Using their username and password, the USER will have access to their “user area,” which comprises a private area where they can (i) create different PROJECTS; (ii) select the MODULES applicable to each PROJECT; (iii) accept and confirm requests; (iv) generate QUESTIONNAIRES; (v) initiate their execution; and (vi) access previous reports issued to the USER account.

The USER will always have access to a FAQ section in their “user area” (hereinafter, the “FAQ“) to find more information about these and other functionalities available on the SCOPE PLATFORM.

4. PERMITTED USES AND RESTRICTIONS

Through the USAGE LICENSE, the USER acquires the right to personal, non-exclusive, temporary, and non-transferable access and use of the SCOPE PLATFORM, authorized for utilization within the context of their professional activity, subject to the provisions of the GENERAL TERMS.

For this purpose, and as long as the USAGE LICENSE remains in effect, GALDE ANALYTICS, S.L. will provide the USER, accessible through the ACCESS POINT, with storage space, computing capacity, SOFTWARE, METHODOLOGIES, and QUESTIONNAIRES necessary for using the MODULES in the PROJECTS initiated within their “user area.”

In all cases, the USER must refrain from: (i) modifying or creating derivative products of the SCOPE PLATFORM, SOFTWARE, METHODOLOGIES, QUESTIONNAIRES, or any related documentation made available to them (e.g., the FAQ); (ii) attempting to decompile, disassemble, reverse-engineer, or decipher the SOFTWARE’s source code; (iii) selling, leasing, or renting, in whole or in part, the use of the SCOPE PLATFORM, SOFTWARE, METHODOLOGIES, and/or QUESTIONNAIRES; and/or (iv) removing or altering any trademarks, logos, or proprietary notices, legends, symbols, or labels contained within and/or integrated into the SCOPE PLATFORM or its presentation during usage.

5. ADDITIONAL SERVICES

5.1. Support Service

The USER will have access to a free support and technical advice service for using and applying the SCOPE PLATFORM, available via email at [email protected].

Inquiries made through this channel will be addressed by technical professionals experienced in the SCOPE PLATFORM as promptly as possible, with a target response time of 24 hours from receipt of each inquiry.

6. DURATION

The USAGE LICENSE and the rights of access and use of the SCOPE PLATFORM included therein are established for an initial duration of 1 year, commencing at the moment of USER registration.

This duration will automatically renew for equal and successive periods of 1 year unless either party communicates to the other its intention to terminate the USAGE LICENSE with at least 1 month’s prior notice before the expiration of the initial term or any renewal period.

In any case, the USER may request, at any time and without prior notice, the complete cessation of the use of the SCOPE PLATFORM, without such a request granting the USER any right to a refund of any payments made for prior use.

Additionally, the USAGE LICENSE and, consequently, the contractual relationship established between the USER and GALDE ANALYTICS, S.L., will also terminate automatically and without prior notice if the USER breaches the GENERAL TERMS.

Finally, GALDE ANALYTICS, S.L. reserves the right to cancel the USER’s account and terminate the USAGE LICENSE without refunding any payments made if there is prolonged inactivity in the USER’s account. For this purpose, prolonged inactivity will be deemed to occur if the USER does not use the SCOPE PLATFORM for an uninterrupted period of 2 years, where lack of use is defined as the absence of completed PROJECTS resulting in the issuance of corresponding reports.

In the event of termination of the USAGE LICENSE as described above or for any other reason, ongoing and unfinished PROJECTS, as well as completed ones for which payment has not been made per the provisions of Clause 7.2 below, will be automatically terminated and deleted from the SCOPE PLATFORM without the USER being able to download them.

7. FINANCIAL TERMS

7.1. Access to the SCOPE PLATFORM

Access to the SCOPE PLATFORM is free of charge for the USER. Nevertheless, the USER will bear the cost of the telecommunications network connection they have contracted with their provider, without GALDE ANALYTICS, S.L. assuming any commitment or obligation in this regard.

7.2. Payment for the Use of the SCOPE PLATFORM and Additional Services

As compensation for the effective use of the SCOPE PLATFORM and concerning each PROJECT, the USER agrees to pay GALDE ANALYTICS, S.L. fixed amounts applicable based on the MODULES included in the PROJECT, according to the rates in effect at the time of PROJECT creation (hereinafter, the “RATES”).

The RATES, expressed in Euros and including applicable VAT depending on the USER’s country of purchase, will remain accessible to the USER at all times on the web platform providing access to the SCOPE PLATFORM. These rates may be reviewed and updated (i) at the beginning of each new calendar year during the USAGE LICENSE’s validity and (ii) at any time during the USAGE LICENSE’s validity if deemed appropriate by GALDE ANALYTICS, S.L. (e.g., significant currency exchange rate changes).

Any changes to the RATES will not affect ongoing PROJECTS, with new RATES applying exclusively to PROJECTS initiated after their publication.

In all cases, the obligation to pay the corresponding price for each PROJECT will only arise when the period set by the USER for completing the QUESTIONNAIRES has concluded, and the corresponding reports are ready for issuance and download.

Thus, until this process is complete and the corresponding reports are ready for issuance and download, no payment obligation will arise in favor of GALDE ANALYTICS, S.L.

Accordingly, the USER must make the payment for each PROJECT (including VAT or any other applicable taxes at the time of payment) as a prerequisite for accessing and downloading the corresponding reports, using a debit or credit card. Additionally, a 72-hour waiting period applies after purchasing the report to allow for further verification of content generated by generative AI, ensuring the quality offered to the USER is not compromised by inconsistencies.

7.3. Payments and Billing

All payments made via debit or credit card on the web platform providing access to the SCOPE PLATFORM are processed through the secure payment gateway STRIPE, which encrypts card data. To maximize payment system security, GALDE ANALYTICS, S.L. uses secure payment systems from its payment method providers. In this regard, confidential payment data is transmitted directly and securely (SSL) to the relevant financial institution.

When paying via the payment gateway, the system will connect to the card-issuing financial institution, which will request authentication of the transaction using a personal authentication code. The operation will only proceed if the issuing bank confirms the authentication code. Otherwise, the transaction will be declined.

To complete each payment made by the USER and after a period of seventy-two (72) hours from the purchase, GALDE ANALYTICS, S.L. will issue and send the corresponding invoice to the USER.

Once the USER’s payment has been verified, no cancellations or refund requests for the amount paid will be accepted.

8. AVAILABILITY, SECURITY, AND WARRANTY

8.1. Availability of the SCOPE PLATFORM

The SCOPE PLATFORM will be available for access and use via the ACCESS POINT 24 hours a day, every day of the year.

However, the availability of the SCOPE PLATFORM cannot be guaranteed in cases of force majeure or situations beyond the control of GALDE ANALYTICS, S.L., which include but are not limited to:

  • Force Majeure Events (hereinafter “FORCE MAJEURE“): Any extraordinary, unforeseeable, or unavoidable circumstance or event beyond the control of GALDE ANALYTICS, S.L., such as strikes, fires, floods, lack of power supply, shortage of raw materials, breakdowns or accidents in GALDE ANALYTICS, S.L.’s facilities, situations stemming from the recent COVID-19 health alert or similar future occurrences, and any other events arising after the USER’s acceptance of the GENERAL TERMS that make compliance excessively burdensome or temporarily or permanently impossible.
  • Circumstances Beyond the Control of GALDE ANALYTICS, S.L.: This includes (i) the USER’s computers and/or mobile devices; (ii) the communication networks and interconnection elements used by the USER, whether proprietary or from third parties unrelated to GALDE ANALYTICS, S.L.; and (iii) technology services provided by third parties (e.g., servers or cloud computing storage services contracted by GALDE ANALYTICS, S.L.).

Temporary interruptions to the SCOPE PLATFORM may also occur for security reasons, maintenance needs, or resource restructuring, without this constituting a breach of GALDE ANALYTICS, S.L.’s obligations. Maximum efforts will be made to minimize the impact of such interruptions on the USER. For scheduled downtimes, and whenever possible, prior notification will be provided to the USER.

Finally, GALDE ANALYTICS, S.L. reserves the right to suspend and/or block access to and use of the SCOPE PLATFORM without prior notice for any USER who violates the GENERAL TERMS.

8.2. Security

GALDE ANALYTICS, S.L. maintains and updates technical measures considered appropriate to enhance the security of the SCOPE PLATFORM, as well as the integrity, availability, and confidentiality of the information stored on it, based on the current state of technology.

However, the USER should be aware that the security measures for IT systems on the Internet are not entirely reliable. Thus, GALDE ANALYTICS, S.L. cannot guarantee: (i) the continuous availability of the content and services within the SCOPE PLATFORM; (ii) the absence of errors in said content or the correction of any defects that may occur; (iii) the nonexistence of viruses or harmful elements that could alter the USER’s IT systems (software and hardware) or their electronic documents and files; nor (iv) the infallibility of the implemented security measures.

The GENERAL TERMS do not grant any warranty for the security of the USER’s IT systems, mobile devices, or proprietary infrastructure and network, which remain solely the USER’s responsibility.

The USER must refrain from removing, altering, bypassing, or tampering with any security systems or protective measures installed on the SCOPE PLATFORM.

8.3. Warranty

GALDE ANALYTICS, S.L. guarantees the proper functioning of the SCOPE PLATFORM under the following terms:

  • The SOFTWARE’s functionality is guaranteed, and any incidents related to programming defects will be corrected. This correction will only cover modifications necessary to fix identified faults.
  • Excluded from this warranty are services provided by third-party technology providers (e.g., cloud computing storage services), which are subject to the warranty terms established by their respective owners.
  • Also excluded are errors or defects caused by factors other than internal coding errors. This includes issues caused by USER or third-party actions, external systems (e.g., USER’s computers or devices), or human error by the USER’s clients or internal users.
  • Any alterations or modifications made to the SOFTWARE or the SCOPE PLATFORM by unauthorized personnel will void the warranty.
  • The USER acknowledges that the SCOPE PLATFORM is provided “as is.” Therefore, GALDE ANALYTICS, S.L. does not guarantee its suitability for the USER’s particular purposes. Consequently, no liability can be attributed to GALDE ANALYTICS, S.L. if the SCOPE PLATFORM, aside from the technical specifications and functionalities defined for each MODULE, does not meet the USER’s specific needs.

9. INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS. TRADE SECRETS

The SOFTWARE, METHODOLOGY, QUESTIONNAIRES, FAQ, and any other documents or information provided to the USER through the SCOPE PLATFORM, along with the exploitation rights pertaining to these elements and/or the Trade Secrets they constitute, are owned by GALDE ANALYTICS, S.L. and/or third parties. These are protected under Spanish Intellectual Property, Industrial Property, and Trade Secrets laws, as well as applicable international treaties.

Acceptance of the GENERAL TERMS does not transfer any exploitation rights over the Intellectual and/or Industrial Property associated with the SOFTWARE, METHODOLOGY, QUESTIONNAIRES, or the SCOPE PLATFORM itself, nor over any Trade Secrets contained therein. These rights remain the exclusive property of their respective owners.

Accordingly, as stated in Clause 4, USERS are prohibited from decompiling, disassembling, reverse-engineering, sublicensing, transferring, translating, or creating derivative works based on the SOFTWARE, METHODOLOGY, QUESTIONNAIRES, or the SCOPE PLATFORM.

Any trademarks, trade names, logos, or other distinctive signs, whether registered or not, that are included within the SCOPE PLATFORM or its associated branding are subject to usage restrictions. Unauthorized use requires explicit consent from GALDE ANALYTICS, S.L., except for their inclusion in reports generated by the SCOPE PLATFORM. Additional usage requires prior authorization.

10. DATA PROCESSING AND CONFIDENTIALITY

10.1. Non-Personal Data Protection

Any non-personal data processed through the SCOPE PLATFORM remains the property of the USER and is subject to the confidentiality obligation outlined in Clause 10.3.

For the purposes of this clause, non-personal data is any information not classified as personal data under REGULATION (EU) 2018/1807 and processed as a result of using the SCOPE PLATFORM.

Notwithstanding the foregoing, the USER expressly authorizes GALDE ANALYTICS, S.L. to access and process data and information regarding their use of the SCOPE PLATFORM for the purposes of ensuring its proper use and improving its functionality and user experience.

In any case, GALDE ANALYTICS, S.L. guarantees the USER that, in the event of termination, for any reason, of the LICENSE TO USE, it will make available to the USER the non-personal data stored on the SCOPE PLATFORM at that time in a structured, commonly used, and machine-readable format.

10.2. Personal Data Protection

10.2.1. Processing of USER Data:

The personal data of the USER and/or their representative provided at the time of USER registration, and any others provided during the term of the LICENSE TO USE (e.g., names, surnames, ID card numbers or equivalent personal identifiers from the relevant country, address, email address, debit/credit card number, bank account number, etc.), will be processed by GALDE ANALYTICS, S.L. for the purpose of facilitating the proper management and execution of the contractual relationship established between the parties, based on its legal foundation.

Such personal data will only be disclosed to those entities and/or public bodies to which such disclosure is necessary to fulfill the legal obligations that GALDE ANALYTICS, S.L. must comply with.

In this context, it is noted that the provision of such personal data by the USER and/or their representative, as well as their aforementioned disclosure to the relevant entities and/or public bodies, is necessary and constitutes a contractual requirement. Consequently, if such data is not provided or disclosed, it would be impossible to grant and enjoy the LICENSE TO USE.

The aforementioned personal data will be retained only for the time strictly necessary for the proper execution of the contract established between the parties and, when necessary, for any additional retention periods required for GALDE ANALYTICS, S.L. to fulfill its legal obligations.

The USER and/or their representative will have the right to (i) request access to their personal data, as well as their rectification, erasure, restriction of processing, data portability, or object to their processing, when applicable, through written communication addressed to GALDE ANALYTICS, S.L., in accordance with the provisions established for notifications in Clause 12.1 below; and (ii) file a complaint with the Spanish Data Protection Agency or any other competent supervisory authority, especially when they have not obtained satisfaction in exercising their rights.

10.2.2. Data Processing on Behalf of the USER:

Since the USER’s use of the SCOPE PLATFORM involves the processing of personal data by GALDE ANALYTICS, S.L. and/or its subcontracted third parties under the responsibility of the USER and/or their clients, both parties acknowledge their respective obligations to comply with privacy regulations applicable in Spain.

Such personal data processing will be subject to the Data Processing Agreement attached to the GENERAL TERMS AND CONDITIONS as an Annex.

10.3. Confidentiality

During the use of the SCOPE PLATFORM, both the USER and GALDE ANALYTICS, S.L. will have access to the other party’s confidential information (hereinafter, “CONFIDENTIAL INFORMATION“), and such exchange of information will be subject to the confidentiality obligation set forth in this Clause.

For this purpose, “CONFIDENTIAL INFORMATION” means any information or knowledge, including technological, scientific, industrial, commercial, organizational, financial, or other types of know-how owned by the USER or GALDE ANALYTICS, S.L. (hereinafter, the “OWNER“) that the other party (hereinafter, the “RECIPIENT“) has access to during the USER’s use of the SCOPE PLATFORM. This includes, but is not limited to, information related to business plans, financial forecasts, sales reports, non-personal data in general, the SOFTWARE, the METHODOLOGY, the QUESTIONNAIRES, the FAQ, and the SCOPE PLATFORM in its entirety, patents, trademarks, utility models, and other Intellectual or Industrial Property rights, whether registered or not.

In this context, the RECIPIENT agrees to:

  • Use the CONFIDENTIAL INFORMATION solely to fulfill the obligations arising from the GENERAL TERMS AND CONDITIONS.
  • Adopt appropriate measures to ensure the confidentiality of the OWNER’s CONFIDENTIAL INFORMATION so that it does not become public domain or known to third parties.
  • Not disclose the OWNER’s CONFIDENTIAL INFORMATION to third parties (including employees), except for those employees who must have access to it under the GENERAL TERMS AND CONDITIONS.

The following is not considered “CONFIDENTIAL INFORMATION” and is excluded from this confidentiality obligation:

  • Information that is public domain, unless such status results from an act or omission by the RECIPIENT.
  • Information the RECIPIENT knew through a third party entitled to disclose it.
  • Information whose disclosure the OWNER has authorized in writing.

11. LIABILITY

In accordance with Clause 3.2, the use of the SCOPE PLATFORM is reserved for professionals who are natural persons over 18 years of age, entities, or legal persons.

In this context, the USER uses the SCOPE PLATFORM as a professional and at their own risk, expressly acknowledging that it is configured as a professional assistance tool that does not replace the USER’s professional work nor guarantees an adequate result without their supervision.

Consequently, GALDE ANALYTICS, S.L. does not assume and will not assume any liability to the USER or third parties arising from the USER’s use or lack of use of the SCOPE PLATFORM, beyond what is expressly stated in the guarantees set forth in Clause 8.3.

In particular and not exhaustively, GALDE ANALYTICS, S.L. shall not be liable to the USER or third parties for damages resulting from (i) human errors in the use of the SCOPE PLATFORM by the USER and/or the USER’s internal users; (ii) use of the SCOPE PLATFORM and/or MODULES outside the technical specifications and functionalities defined by GALDE ANALYTICS, S.L.; or (iii) FORCE MAJEURE or circumstances beyond the control of GALDE ANALYTICS, S.L. as defined in Clause 8.1.

GALDE ANALYTICS, S.L. is also not responsible for any damages claimed by the USER and/or third parties that can be classified as consequential damages, lost profits, business loss, reputational damage, or loss of commercial goodwill.

Finally, GALDE ANALYTICS, S.L.’s liability for all concepts directly attributable to the use of the SCOPE PLATFORM will not exceed the amount effectively received by it as consideration for its use in each PROJECT.

12. MISCELLANEOUS

12.1. Notifications

The parties designate the following addresses for notifications:

  • GALDE ANALYTICS, S.L.:

Av. Alameda de Mazarredo, nº 47
48009 – Bilbao (Bizkaia)
Email: [email protected].

  • USER:

Postal and electronic address provided during their registration process.

Notifications between the parties pursuant to the GENERAL TERMS AND CONDITIONS must be made in writing through any means that allows proof of receipt, the date of dispatch, and content, addressed to the specified addresses.

Only notifications made in accordance with this Clause will be valid and effective. Changes of address will not take effect until 2 calendar days after their notification.

12.2. Severability

If any Clause of the GENERAL TERMS AND CONDITIONS is null or void, such a declaration will not invalidate the remaining GENERAL TERMS AND CONDITIONS, which will remain in effect.

12.3. Headings

The headings in the GENERAL TERMS AND CONDITIONS are included for reference only and in no way affect or limit their meaning and content.

12.4. Entire Agreement

No modification or amendment to the GENERAL TERMS AND CONDITIONS will be valid unless expressly accepted by both parties through a physical or digital procedure that allows verifying the modification’s content and the parties’ acceptance.

12.5. Calculation of Days

Any reference to “days” in the GENERAL TERMS AND CONDITIONS is understood as calendar days unless explicitly stated otherwise.

12.6. Governing Law and Jurisdiction

The GENERAL TERMS AND CONDITIONS are subject to Spanish law.

For resolving any disputes arising from the access and use of the SCOPE PLATFORM, the USER and GALDE ANALYTICS, S.L. expressly agree to submit to the Courts and Tribunals of Bilbao (Bizkaia), waiving any other general or special jurisdiction that might apply to them, as permitted by applicable law.

 


 

ANNEX. DATA PROCESSING AGREEMENT

 

Access and use of the SCOPE PLATFORM for each PROJECT will involve the processing of certain personal data by GALDE ANALYTICS, S.L., as the Data Processor/Sub-Processor and under the responsibility of the USER and/or their end client.

Such personal data processing will be subject to the provisions contained in (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons regarding the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (hereinafter, the “GDPR”); and (ii) Organic Law 3/2018, of December 5, on Personal Data Protection and the Guarantee of Digital Rights (hereinafter, the “LOPD-GDD”), and will be governed by the provisions established in the CONTRACT and the following stipulations:

1. PROCESSING AND AFFECTED PERSONAL DATA

GALDE ANALYTICS, S.L. will process personal data necessary to facilitate the USER’s use of the SCOPE PLATFORM, in accordance with Article 28 of the GDPR, the LOPD-GDD, and other applicable Spanish and EU regulations on personal data protection.

This processing will involve personal data under the USER’s responsibility as identified below (hereinafter, the “PERSONAL DATA“):

PROCESSING ACTIVITIES ☒ Data Collection

☒ Recording

☒ Structuring

☒ Modification

☒ Storage

☒ Transmission

☒ Interconnection

☒ Deletion

☒ Destruction

PURPOSE OF PROCESSING ☒ Advertising and commercial prospecting

☒ Statistical, historical, or scientific purposes

DATA TYPES ☒ Identification data

☒ Commercial information

CATEGORIES OF DATA SUBJECTS ☒ Employees

☒ Customers and users

2. OBLIGATIONS OF GALDE ANALYTICS, S.L.

  1. Actions will be limited to what is necessary to facilitate the use of the SCOPE PLATFORM by the USER under the GENERAL CONDITIONS, complying with instructions provided by the USER. If GALDE ANALYTICS, S.L. considers any instruction to violate the GDPR, the LOPD-GDD, or other data protection provisions, it will immediately inform the USER.
  2. PERSONAL DATA will not be used for purposes other than those specified.
  3. Necessary data protection training for authorized personnel will be ensured.
  4. A written record of all processing activities conducted on behalf of the USER or third-party clients will be maintained.
  5. PERSONAL DATA will be stored within the European Economic Area (EEA) and will not be disclosed or transferred to other parties.
  6. If required to transfer PERSONAL DATA to a third country or international organization under EU or Member State law, the USER will be informed beforehand unless prohibited for public interest reasons.
  7. All necessary information will be made available to demonstrate compliance with obligations.
  8. A Data Protection Officer (DPO) will be appointed, if applicable, and their identity and contact information communicated to the USER.

3. PERSONAL DATA SECURITY

GALDE ANALYTICS, S.L. will implement necessary security measures and mechanisms to ensure an appropriate level of security considering technical progress and the nature of the PERSONAL DATA. These measures include:

  1. Ensuring the confidentiality, integrity, availability, and resilience of processing systems and services.
  2. Restoring availability and access to PERSONAL DATA in a timely manner in the event of an incident.
  3. Regularly testing, assessing, and evaluating security measures.

In particular, GALDE ANALYTICS, S.L. will implement the following security measures:

  1. Each member of its staff will have access only to the resources necessary for the performance of their duties, with mechanisms in place to prevent users from accessing resources they do not need.
  2. It will maintain an updated record of users, user profiles, and authorized access for each user.
  3. Remote access via telecommunication networks will be carried out using measures that ensure a security level equivalent to local access. To this end, mechanisms will be in place to uniquely identify and authenticate users among its staff, limiting the possibility of repeated unauthorized access attempts. If this system is based on the use of passwords, these will expire periodically.
  4. It will maintain an incident log, informing the USER of any incidents that occur in the operation of the SCOPE PLATFORM.
  5. No tests will be conducted using PERSONAL DATA.
  6. It will establish procedures for backups and recovery, as well as for the destruction of documents and information as necessary.
  7. It will train and inform its staff on the obligations arising from the applicable data protection regulations.
  8. It will notify the USER of the identity of its Data Protection Officer or, if applicable, the person or persons directly responsible for implementing and inspecting these security measures.
  9. It will provide, upon the USER’s request, a descriptive report of the measures adopted to ensure the confidentiality and integrity of the data processed on behalf of the USER and the documentation provided by the USER.

4. NOTIFICATION OF PERSONAL DATA SECURITY BREACHES

GALDE ANALYTICS, S.L. will notify the USER, without undue delay and, in any case, within a maximum period of seventy-two (72) hours, of any personal data security breaches under its responsibility of which it becomes aware. This notification will include all relevant information for the documentation and communication of the incident, in accordance with the provisions of the GDPR and the LOPD-GDD.

If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided incrementally without undue delay.

5. DUTY OF CONFIDENTIALITY

GALDE ANALYTICS, S.L. will be subject to the corresponding duty of secrecy and confidentiality throughout the term of the contractual relationship with the USER and, depending on the type of information involved, for the maximum additional periods established by applicable law.

GALDE ANALYTICS, S.L. will ensure that persons within its organization authorized to process PERSONAL DATA explicitly and in writing commit to respecting confidentiality and complying with the relevant security measures.

Authorized persons are understood to be anyone who, regardless of the legal nature of their relationship with GALDE ANALYTICS, S.L., may have access to PERSONAL DATA by any means.

6. SUBCONTRACTING

GALDE ANALYTICS, S.L. is authorized to subcontract technological services from third parties and, consequently, the processing of PERSONAL DATA involved in those services.

Subcontracting of any other services that involve the processing of PERSONAL DATA, as well as the hiring of other subcontractors and/or their replacement, will require prior, explicit, and written authorization from the USER.

In any case, such subcontractors will be equally subject to the obligations established in this document for GALDE ANALYTICS, S.L., as well as to the instructions provided by the USER.

7. RIGHTS OF DATA SUBJECTS

GALDE ANALYTICS, S.L. will assist the USER in responding to the exercise of data subjects’ rights concerning data protection (rights of access, rectification, erasure, objection, restriction of processing, data portability, and not being subject to automated individual decision-making).

8. USER OBLIGATIONS

The following obligations fall to the USER and/or the client on whose behalf the USER acts:

  • Conducting a risk analysis derived from the processing activities to be commissioned and, based on this analysis, indicating to GALDE ANALYTICS, S.L. the technical and organizational measures that, in addition to those predefined by GALDE ANALYTICS, S.L., must be implemented for the processing of PERSONAL DATA.
  • Conducting, if necessary, a data protection impact assessment of the processing operations covered by this Data Processing Agreement.
  • Conducting prior consultations with the competent Supervisory Authority if applicable.
  • Ensuring compliance with the GDPR and LOPD-GDD by GALDE ANALYTICS, S.L. both prior to and during the entire processing period.
  • Supervising the processing, including conducting inspections and audits as appropriate.

9. OBLIGATION TO RETURN OR DESTROY PERSONAL DATA

Once the LICENSE TO USE has ended or been terminated for any reason, and unless the USER requests its destruction, GALDE ANALYTICS, S.L. commits to returning to the USER any information containing PERSONAL DATA that has been transmitted by the USER or accessed by GALDE ANALYTICS, S.L. during the USER’s access and use of the SCOPE PLATFORM.

Such a return will be carried out by delivering or making available to the USER, or the person designated by them, the PERSONAL DATA in a commonly used format.

After completing the return process, GALDE ANALYTICS, S.L. must proceed to destroy the PERSONAL DATA stored on its computer systems and other media used.

Notwithstanding the foregoing, GALDE ANALYTICS, S.L. may retain the PERSONAL DATA and processed information, duly blocked, if liabilities could arise from its relationship with the USER.

Once the statute of limitations for actions giving rise to the retention of PERSONAL DATA has passed, GALDE ANALYTICS, S.L. must proceed with its destruction.

 

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