General Conditions

 

The Services are provided through The Social Memory Company SL (hereinafter, « SOCIAL MEMORY»), whose registered office is located at C / Gallery – 35300 – St. Bridget – Las Palmas de Gran Canaria. 

Use of our services constitutes acceptance of these conditions. We recommend you to read them carefully. 

Our services are diverse, so sometimes you can apply conditions or additional product requirements (including age restrictions). Additional terms will be available along with relevant services and form part of the agreement to establish with SOCIAL MEMORYto use our services. 

 

1st. Object

1.1. The object of the present General Conditions of Contract is the provision, by SOCIAL MEMORY and the CUSTOMER, the provision of technology services and web and mobile applications for recording Voice, SMS, chat, email or other with integrity certificate, as well as accommodation, labeling and recording assessment or certification performed.

1.2. The description of the services shown in http://www.legal-recorder.com/terminos_uso is the basis on which the parties assume their rights and obligations, meaning, therefore, it is the duty of SOCIAL MEMORY conducting activities referred to in that document, as a result obtained in this way as described herein. 

 

2nd. PERFECTION OF CONTRACT 

2.1. These General Conditions of Contract shall be perfected by registering in service, following the procedure established in http://www.legal-recorder.com/terminos_uso

 

3rd. START THE SERVICE, LEGAL REQUIREMENTS

3.1. For the provision of the Services under this contract requires that SOCIAL MEMORY try and make it available to third parties legal personal data of natural persons which relates the CLIENT. 

3.2. Both parties agree that in such cases’ SOCIAL MEMORY acts as a processor of data from the CUSTOMER is responsible, in accordance with the provisions of Article 12 of Law 15/1999 of Data Protection Staff. 

3.3. Likewise, the CLIENT declares the procedure used by SOCIAL MEMORY for generating test voice recording and considered a valid procedure for recording evidence of that. 

 

4th. PROTECTION OF PERSONAL DATA 

4.1. SOCIAL MEMORY will cover the data provided by the CLIENT as Data Processor as a result of a service provided to the CUSTOMER: 

4.1.1. Only treat them in accordance with the instructions of the CLIENT

4.1.2. Do not use for purposes other than those necessary for the provision of that service

4.1.3. Do not communicate to any third

4.1.4. Adopt and / or comply with security measures corresponding average level according to the document security measures data processor SOCIAL MEMORY and, in any case, in accordance with Royal Decree 1720/2007, of 21 December, approving the Regulations implementing the Organic Law 15/1999 of 13 December on the protection of personal data.

 4.1.5. At the request of CLIENT agrees to the return or destruction of personal data processed.

 

4.2. Both Parties agree that in accordance with Article 21.1 of the current Data Protection Regulation, the CUSTOMER through this clause authorizes SOCIAL MEMORY to outsource in behalf of the CLIENT with third parties for activities necessary enable the effective implementation of this Agreement, including hosting and operation of computer systems and electronic communications remission. 

In connection with this, SOCIAL MEMORY is committed to moving companies for this outsourced all obligations that the current data protection legislation provides for the “processor”.

Currently, SOCIAL MEMORY has outsourced certain processes to “AMAZON” and “VERYQUAL, SL” as entities which will be deposited and will guard an exact copy of the conversation. 

 

4.3. The Client will indemnify SOCIAL MEMORY for any injury and / or damage the irrogue by breach of obligations relating to the collection of the data required by the current legislation on data protection and in particular, compliance with Articles 4, 5 and 6 of Law number 15/1999 on the protection of personal data of 13 December (hereinafter referred to as “Data Protection Act”).

 

5th. WARRANTY

5.1.  This contract involves the provision of means and not of results, limiting the actions and responsibilities of SOCIAL MEMORY for the creation, transmission and custody of computer files and the provision of services to the extent and method described in www.legal-recorder.com/terminos_uso

5.2. For all of this, both parties agree that any liability attributable to SOCIAL MEMORY by poor performance of the Services will stick to the deficient generation and / or custody of the files.

 

6th. LIMITATION OF LIABILITY 

6.1. The total compensation for damages in case of failure to perform or defective performance of this Agreement regarding damage caused by the fault or negligence of SOCIAL MEMORY is limited, so that in no case exceed the amount corresponding 100% of the amounts paid by the CLIENT to SOCIAL MEMORY as the price for the Services during the last twelve (12) months. 

 

7th. CONSEQUENCES OF TERMINATION OF EMPLOYMENT

7.1. Upon termination of the Contract for any reason, the CLIENT by specific request either: 

7.1.1. Order the destruction of the files that SOCIAL MEMORY have guarded the effective date of the termination of the Services, provided that the minimum time has elapsed conventionally or legally established 

7.1.2. request SOCIAL MEMORY to facilitate the provision of custody to a third party files, provided with the application is properly credited the third party is authorized by the Customer to archive voice recordings which are guarded until application date SOCIAL MEMORY 

 

7.2. In the former case the previous section, both parties agree that the CLIENT once authorized the destruction of the files that match, you can not claim to SOCIAL MEMORY compensation for the breaking of the chain of custody of them. 

7.3. In the second case of paragraph 7.1, SOCIAL MEMORY invoice the CLIENT the price of downloading the files kept in the third, indicated by the CLIENT and prior to the completion of the transfer of the same, according to the rates published on http://www.legal-recorder.com/tarifas 

 

8th. NOTICES

8.1. All notices or requirements that the client wants to do SOCIAL MEMORY and must be made through the contact form available on the corporate website  SOCIAL MEMORY in http://www.legal-recorder.com/contacto 

 

9th. APPLICABLE LAW AND JURISDICTION

9.1. This Agreement is subject to Spanish law.

9.2. The Parties agree that any dispute, disagreement, issue or claim resulting from the implementation or interpretation of this Agreement, is subject to the jurisdiction of the Courts of Las Palmas de Gran Canaria.