The Owner of the website www.pluglin.com is Blarlo Global Solutions S.L. (“Blarlo”), with tax ID number or “CIF” B87700845 and address at Calle O’Donnell 10, 1º dcha, 28009, Madrid (hereinafter, the Company). E-mail: hola@Pluglin.com. The following terms and conditions apply to the service that www.pluglin.com provides to its customers (hereinafter, the Customer), which they hire through the Pluglin website located at the URL https://www.pluglin.com. Respectively, the Service, the Site, and the General Terms and Conditions include, together with the types of Service chosen during the hiring procedure, the order filled by the Company and placed by the Customer.
“Users” are visitors to this website or service who are not registered users. “Customers” are visitors who are already registered and have hired the Company's services. Customers of the Service as individuals or, where applicable, the company or other legal entity they represent, have the capacity to hire the services. Customers must always represent a company or a professional, not private individuals. “Collaborators” are third parties who collaborate with the Company and the Customer to provide different services as contractors of the Company (under no circumstances as employees). “Service” means all www.Pluglin.com websites, services, applications, and related technologies, and any services provided. The services are provided exclusively for business and professional use, and under no circumstances for personal use. “Orders” are any request for services created by a customer and accepted by the company by acknowledgement of receipt on the platform or by e-mail. “Customer Materials” are the source content for use in the Service and any guidelines, as well as other materials provided by the Customer for the efficient provision of the service. “Completed Work” is the final content delivered to the Customer as a result of the Service provided with the Customer’s materials. “Quality Levels” are defined and described in the Company's Quality Policy. “Platform” is the Company's online web portal and the platform where the Customer may access their Customer account, place Orders, and access the Service.
2. AUTHORIZED USERS
Access to this website is strictly prohibited to minors under 18 years of age or persons who are not of legal age in their place of residence or jurisdiction. Customers must always represent a company or a professional, not private individuals. The access and use of the Portal confers to the person who accesses it or uses it the status of User, thus accepting, from that moment on, fully and without reservation, these General Terms and Conditions as well as the Specific Terms and Conditions which, if applicable, complement, modify, or replace the General Terms and Conditions in relation to specific services and Portal content. The User who accepts these General Terms and Conditions on behalf of the Customer declares and guarantees to have full capacity to adequately represent the Customer in this Contract.
3. COMPLIANCE WITH THE GENERAL TERMS AND CONDITIONS
The Customer will use the Service in full compliance with these General Terms and Conditions.
4. CUSTOMER LIABILITY
Availability, security, and business continuity The Customer shall be solely responsible for the availability of their computer systems and connection to the Company's systems that allow the provision of the Service. The Company shall not be liable for any of these devices and connections. In particular, the Customer shall ensure that the necessary security, virus detection, and procedures are in place to prevent unauthorized access, misuse, or alteration of the Service, as well as data protection and disaster recovery procedures. Customers should refrain from obtaining or attempting to obtain any information available under the Service through means or procedures other than those that have been made available to them or indicated for this purpose. No violation of the law, no violation of third-party rights, no system interruptions The Customer agrees not to act in any way that (i) violates applicable law or encourages any conduct that may constitute or give rise to any other liability or violation of the applicable law, (ii) may offend or damage the image, interests, or rights of the Company or any third parties, or (iii) may damage, disable, or overburden the Site or Service, interfere with, disrupt, or interrupt the operation of the Site or the Service as well as the computer networks of the Company or any third parties, or that may in any way impede the normal use of the Site or the Service and authorized access to them. Usernames and passwords The Customer accepts that the usernames and passwords granted for access and use of the Service are confidential, may not be shared, and are provided for the Customer's sole use. The Customer accepts that the Company shall not be liable under any circumstances for the Customer’s handling of usernames and passwords. Limited use The Customer will not use the Service to develop, support, create, or offer prices for any product or service that directly competes with the Service, with any other Company product or service offered on the market or that may create a functional substitute for any of the Company's products or services. The Customer accepts that the use, dissemination, or distribution by the Customer of content that is identical or similar to that provided through the Service is contrary to the provisions of these General Terms and Conditions and will therefore constitute a violation of them. The use of the Service is limited to professional, exclusive, non-onerous, individual (as opposed to collective) and non-transferable use by the Customer and is limited to professional purposes. The Customer agrees to not contact Collaborators outside the Platform that the Company offers for communication during the request and management of the Orders.
5. ORDERS AND APPROVAL
Payment During the Creation of the Order, the Customer must proceed to pay for it. The Company will not begin to manage and fulfil the Order until it has received confirmation of payment by the Customer. All payments are non-refundable. Payment to the Company must be made with funds that are readily available, without any deduction or compensation, and free of any taxes, levies, duties, charges, fees, tariffs, and withholdings of any kind now or in the future, imposed by any government, tax authority, or any other authority. If the Customer is required to pay taxes or any other levies, the Customer shall pay the Company any additional amounts necessary to ensure that the Company receives the total amount it would have received.
Order Once registered on the Platform, the Customer may initiate an Order, providing all necessary information through the Platform, including the level of quality of service and Customer Materials.
Customer Materials The Customer is responsible for providing the Customer Materials for the service hired when placing the order. The Company may make recommendations on which basic materials and in which format these basic materials should be provided. The quality of the results will depend on the quality, accuracy, and completeness of the Customer's basic materials and the instructions provided.
Cancelations The Customer may cancel any Order if the project has not yet been assigned to a Collaborator. To cancel an order, the Customer must contact the Company's customer support at hola@Pluglin.com to see if the Order may be cancelled. If the Order has been assigned to a collaborator, the Order cannot be cancelled, and a refund for the order amount cannot be requested. Completed Work The Company does not guarantee that a specific Collaborator may participate in the Customer Order. The Company will return the completed work to the Customer in accordance with the quality level established in the Order. The Company will estimate an expected deadline for completion of the service but cannot guarantee the exact delivery time. The Company will inform the Customer by e-mail when the completed work is ready for review.
Approval or Rejection Upon notification of delivery of the Company's completed work, the Customer will have 120 hours to review the completed work. The Customer may approve the completed work through the Platform. If the Customer does not respond within the 120-hour review period, the completed work will be considered “Approved”. Alternatively, the Customer may reject the completed work within the 120-hour review period if they reasonably determine that it does not meet the quality level requested. Due to the nature of any service provided in different languages, or even within the same language, errors will inevitably occur in the services. If the Company determines that the completed work rejected by the Customer does not meet the quality level specified in the Order, then the Company will correct and resubmit the completed work within a reasonable period of time. The Company's liability shall be limited to correcting said errors.
Waiver The Customer agrees to review any translated Work before making the content public, and the Customer expressly agrees that the Company shall have no responsibility or be liable for compensating the Customer for the completed work.
6. COLLABORATORS AND CONTRACTORS
The Company uses third-party outsourcing (collaborators) to provide the Service to the Customer. As such, the Customer agrees that the Company may sublicense its rights under this Agreement to third parties to act on behalf of the Company, provided that said third parties are contractually bound by conditions that guarantee the Customer's rights, which are more protective than those specified in this Agreement. The Company is solely responsible for the payment and resolution of all disputes with subcontractors and Collaborators.
7. DISCLOSURE OF CUSTOMER MATERIALS
We disclose Customer Materials to potential Collaborators and Contractors, for the sole purpose of allowing them to preview the content in order to decide whether the Order should be assigned to them. The Customer is solely responsible for editing or deleting any confidential or personally identifiable information from Customer Materials if it does not wish to disclose such information.
8. INTELLECTUAL PROPERTY
All intellectual property rights in the completed work will be assigned to the Customer at the time of the Customer's approval of the completed work and compliance with this Agreement. Trademarks, names, logos, and brand names (collectively, Trademarks) such as “Pluglin” or “blarlo” are trademarks of the Company. Nothing contained in this Agreement shall be construed as granting any license or right to use any trademark without the Company’s prior written permission. Service content is protected by intellectual property laws and may not be copied, distributed, modified, posted, or transmitted in any way. Third-party content and trademarks appearing as part of the Service are the property of their respective owners and may not be reproduced in whole, or in part, without the owner’s express written consent. If the Customer chooses to allow the Company to use the Customer’s content as “public examples”, the Customer grants the Company a worldwide, perpetual, royalty-free, irrevocable license to publish and display their Customer Materials and related translated Work in connection with the operation, promotion, and improvement of our services. This license continues even if the Customer ceases to use our Services. If the Customer submits comments or suggestions about our services, we may use their comments or suggestions with no obligation to the Customer. In order to provide the Customer with the best Services, the Company (and those with whom we work) may use Tools and add Materials to other Customer content, to generally improve the Services (e.g., improve time estimates, or improve machine learning systems). If we do this, we will never disclose a Customer’s identity or confidential information, nor will we make a Customer’s translated work available to the public.
9. ABOUT APIS AND SOFTWARE IN OUR SERVICE
The Company’s Service may include APIs or software (“Company Materials”) to facilitate the use of the Service and are considered a part of the Service. If the Customer chooses to use said Company Materials, the Company grants the Customer a worldwide, royalty-free, non-assignable, non-exclusive license to use the Company Materials for the sole purpose of allowing the Customer to use and enjoy the benefits of the Services as provided by the Company and as allowed under these terms. The Customer may not copy, modify, distribute, sell, or lease any part of our Service or Company Materials, nor may they reverse engineer or attempt to extract the source code from the Company's Service or Materials. The Company does not guarantee the availability and performance of the Company Materials. Customer access or use may be limited or suspended at any time.
The Customer shall compensate and not request compensation from the Company, its affiliates, current and past directors, managers, and employees for and from any claims, taxes, losses, damages, liabilities, resolutions, transactions, costs, and expenses, including attorneys' fees and other legal expenses, arising directly or indirectly from or in connection with: (1) The Customer's failure to comply with any of their representations, guarantees, or obligations under this Agreement; (2) negligent, reckless, or unlawful action on the part of the Customer or any of their assistants, employees, contractors, or agents; (3) the Customer's failure to comply with their obligations or exercise their rights in accordance with all laws, rules, and regulations.
11. GUARANTEES AND LIMITATION OF LIABILITY
The Customer declares and guarantees that they have all necessary rights, titles, and interest in the Customer Materials, and that the Customer Materials do not infringe or violate the rights of third parties, do not violate any laws, and do not contain any offensive or unacceptable content. The Service is provided “as is” and “as available”. Accordingly, the Company offers no guarantees (whether express or implied) of the commercial viability or suitability of the Service, its application for a specific purpose, the absence of errors (or the solution of any of them), interruptions, or viruses, or unassailable security. Compensation for damages caused to the Customer and attributable to the Company is subject to the following limitations: it shall not exceed under any circumstances the amount charged by the Company to the Customer for the Service that caused the damage; it shall not include any of the following damages, whether (un)intended, (un)foreseeable, or (un)known arising from use of the Service: (1) loss of profit and indirect damages; (2) loss of goodwill or reputational damage; (3) third-party claims of infringement of intellectual property rights; (4) damages suffered by third parties; and (5) data loss. The Customer shall communicate any damages or losses to the Company in express and written form within two (2) months of the date on which they occurred and never later than two (2) months after termination of the Contract for any reason. Some jurisdictions establish some Guarantees, such as the guarantee of commercial viability or suitability for a particular purpose. To the extent permitted by law, all guarantees are excluded.
12. TRACKING TECHNOLOGIES
This Agreement is governed by the provisions thereof and in terms of what is not provided for, by the rules of the current Commercial Code and other Spanish commercial and civil legislation. In the event of a dispute between the parties arising out of this Contract, both parties, expressly waiving their own jurisdiction, submit to the jurisdiction of the Courts and Tribunals of Madrid, Spain. If any section of the General Terms and Conditions turns out to be not applicable, this will not affect the remainder of the sections. This Agreement is updated periodically. The Customer should read the terms on a regular basis. If the Customer does not agree with the terms modified for a Service, they must discontinue use of said Service. The Company may suspend or discontinue access to the Service or an Order if the Customer fails to comply with this agreement or if the Company suspects misconduct, fraudulent activity, or a violation of this agreement, with or without notice. The Company may modify or suspend the Platform or Service, at any given time and for any reason. If the Customer does not comply with the General Terms and Conditions, and no action is taken immediately, this does not mean that any rights are being granted nor will it affect the adoption of future measures.
14. DATA PROTECTION
14.1. Customer data
Customer’s contact details Blarlo hereby informs you that the Customer’s data and, where appropriate, the contact details of the Customer’s representatives, shall be processed as follows.
BLARLO GLOBAL SOLUTIONS, S.L. Data Protection Officer: firstname.lastname@example.org
Contact details BLARLO GLOBAL SOLUTIONS, S.L. Data Protection Officer: email@example.com Data Protection Officer: You can contact Blarlo’s Data Protection Officer by emailing jurídico@pluglin.com (put “Data Protection Officer” as the subject)
Purposes of the processing
1 To manage your contractual relations with BLARLO GLOBAL, S.L.
The personal data of the natural persons who participate in signing and executing this contract as a representative and/or on behalf of each party, shall be processed under the responsibility of the other party (and, where appropriate, they shall be added to files they respectively own), for the sole purpose of entering into, performing and maintaining and monitoring the contract, to do whatever the applicable laws protect or impose or for any other processing that the Customer may authorise during the contract formalisation procedure. Blarlo may access any of the Customer’s personal data that the latter may enter during the service solely for the purposes of technical maintenance, security or to monitor compliance with the contract. Blarlo shall store the Customer’s details or the contact details (representatives of the Customer) provided by the Customer insofar as they are necessary and pertinent for managing the contract. When the service ends, the data shall be processed for the purposes of continuing to provide any of the services the Customer may have contracted and which it must provide beyond the validity period of the service (e.g., holding and storing invoices). In the event that the Customer waives that services or objects to the processing, the data shall be blocked and shall be preserved solely and exclusively to deal with possible liabilities arising from the processing during their limitation period (normally 5 years). Blarlo informs you that it does not make decisions based only on the automated processing of data, beyond those strictly necessary, where appropriate, to enter into or execute the contract between blarlo and the Customer.
Purposes of the processing
2 Sending information about the software and Blarlo’s services
Blarlo informs the Customer that, properly to execute the contract, Blarlo must periodically inform its Customers of new developments in its service, as well as the various conditions applicable to managing them; the Customer consents upon entering into the contract to receive these communications, by different channels, even if they may be considered commercial or promotional. At all events, the communications sent by Blarlo shall be related to the services the Customer previously contracted with Blarlo. These informative communications are necessary to execute the contract and are strictly connected to contracting the service; it is impossible to separate them from the execution of the contract. When the relationship ends, the Customer may object to receiving these informative communications, and may do so at the end of the contract or by writing to Blarlo (firstname.lastname@example.org). Moreover, when the relationship ends, the user shall, at all events, have the opportunity to do so in each communication he/she receives.
Legitimate basis for the processing
1st purpose: There is a contractual relationship and legitimate interest (in the case of the Customers’ contact details). 2nd purpose: There is a contractual relation and a legitimate interest on the part of Blarlo.
The data required to conclude the contract are necessary to perform it. If you do not wish to provide any of the details, contracting may not be possible.
Recipients of disclosures of personal data
Notifications to public authorities per the Law.
Blarlo shall only disclose its Customers’ data to the public authorities insofar as it is legally obliged to do so.
Recipients of disclosures of personal data
Internal Data Disclosures.
Blarlo informs the Customer that has a hosting service contract with a data centre, and that all the information our Customers include in the cloud, is in the servers of said data centre in the European Union, since this entity is responsible for processing the data of which Blarlo is the data controller. At all events, Blarlo informs the Customer that it is a certified company that meets the standards of the Privacy Shield Framework agreed by the EU and the USA. The Customer authorises Blarlo to provide said data centre with the information held in the cloud for the sole purposes of rendering the service the Customer has contracted with Blarlo.
Rights of the data subjects
The right to exercise your rights of access, rectification, erasure, to object, portability of your data and to restriction on their processing.
The Customer and his/her representatives have the right to exercise their rights by sending a letter identifying themselves (attaching a copy of their National ID Document/Foreigner ID Number) to: the address set out in Contact Details (in this document) or to jurídico@pluglin.com In the event that, at some point, the Customer or his/her representatives believe that any of their data protection rights have been breached, they may lodge a claim with the data protection supervisory authority (Spanish Data Protection Agency). At all events, Blarlo and, in particular, its Data Protection Officer, are available to its Customers.
14.2. The responsibility of the parties to the contract upon providing personal data to conclude the contract
Each party undertakes, before the service is provided to the other party of any personal data of any natural person involved in the execution of this contract, to have informed that natural person of the content of the previous section and to have met any other requirements that may be applicable for proper disclosure of their personal data to the recipient party, without the recipient party having to perform any further action as regards said data subject in terms of information or consent. The Customer shall be responsible for ensuring that, for the purposes of concluding and executing this contract, only professional details of the natural persons who act as representatives of the Customer are provided to Blarlo. Prior to providing the data to Blarlo, the Customer shall inform these natural persons of the content of this clause and shall adopt any other measures that may be necessary so that Blarlo is not bound to carry out any direct action with said person in terms of information or consent.
14.3. Blarlo as the data processor
Blarlo undertakes to meet the obligations arising from the General Data Protection Regulation (GDPR) and, in general, of the applicable data protection regulations. This commitment makes it possible for the Customers to also comply with part of the regulatory obligations. It is considered that Blarlo shall become the “processor” when it processes personal data on behalf of the data controller. This is true when the Customer uses the software and adds to it third-party personal data for which the Customer is the data controller. Blarlo shall only process the data added to the service according to the Customer’s instructions and on its behalf. As the data processor, Blarlo undertakes to carry out the following actions:
To process the personal data with the sole purpose of properly executing the service.
To not transfer your data outside the European Union or to a country that the European Commission believes does not guarantee a sufficient level of protection.
In this regard:
To implement high security standards in order to offer our services a high level of protection.
To notify without undue delay any breach of the security of the data.
To help you to comply with your regulatory obligations by offering you adequate documentation about our services.
It guarantees to you that all the persons authorised to process your personal data within the organisation have undertaken to respect confidentiality.
If the data controller (the Customer) so chooses, it is bound to erase all the personal data once the provision of the services ends, as well as any and all copies unless it is required to preserve the personal data according to current regulations, in which case they shall be preserved duly blocked and for the sole purposes of dealing with possible liabilities. The Customer shall be responsible for keeping a copy of all the information added to the software before unsubscribing from the service.
With regard to Security Measures:
Blarlo is aware of the importance of adopting adequate security measures; it is a priority for this company to adopt the strictest security measures bearing in mind the state of the art, software costs, and the nature, scope, context and purposes of the processing, as well as the risks of varying likelihood and severity to the rights and freedoms of natural persons. That is why Blarlo applies appropriate technical and organisational means to guarantee an adequate level of security against the risk including, among other things: (i) The ability to guarantee the confidentiality, integrity, availability and permanent resilience of the processing systems and services. (ii) The ability rapidly to restore the availability and access to the personal data in the event of a physical or technical incident. (iii) A process of regular verification, evaluation and assessment of the efficacy of the technical and organisational measures to guarantee the security of the processing. In particular and without limitation, Blarlo states that:
The data are located within the servers hosted in the European Union and it strictly complies with data protection regulations.
All data is replicated in at least two geographical areas. If a catastrophe caused a data centre to disappear entirely, the data of which the Customer is the data controller would remain safe.
Who is the data controller for the personal data the Customer stores in the software? The data hosted by the Customer in using the service are the Customer’s and the Customer is solely responsible for how it processes third-party data; it undertakes to process third-party data according to current data protection regulations and to hold Blarlo harmless in the event of any breach in this area. Blarlo does not access that data nor does it use them, unless it is necessary within the framework of the execution of the service and within the technical limitations of the latter. All the processing Blarlo carries out in relation to the Customer’s data shall be done in the framework of the processing of services, duly accepted by the Customer upon contracting the service.
In what circumstances does Blarlo access the personal data stored? Blarlo could also access these data in the following circumstances:
To guarantee proper execution of the services and to improve the Customer service when the latter contacts Blarlo support. In this case, access to the Customer’s data is regulated by means of specific permissions and particular control and security measures. When the Customer contacts Blarlo, depending on the type of query, Blarlo may need to access: (i) the information provided by the Customer to create the account (name, surname(s), telephone number, etc.); and/or (ii) at the express request of the Customer, it may access the data stored by the Customer in the service in order to identify the origin of a problem or to assist the Customer in the use of an application within the software.
To provide the service as long as the data processing is necessary for the optimal operation of the service the Customer uses in the framework of exploitation and optimisation of the software. The use of any of the services Blarlo offers necessary entails processing certain of Customer or subscription holder’s data.