Legal Warning

1. Subject

About this legal warning document

The following document collects all the information according to the General Terms of Use of the Docuten Platform (https://docuten.com). These conditions, regardless the established situations and arrangements in each case, constitute an agreement between you and Docuten Tech S.L. Docuten works as a website belonging to the group Docuten Tech S.L.

These general terms of use apply to any service supplied by Docuten.

The registration as an user and the employment of Docuten services involve the complete and undivided agreement of the Terms of Use. These will have legal validity regarding the contract signed between both parties in addition to any other condition that might appear in the website that is for application.

About the changes made to the following legal warning

These General Term of Use can be modified at any moment via a reviewed publication in the Docuten website. The most actualized version will be eligible since the moment it was published. If the updated version of the general terms of use includes a significant change , we will notify our customers with at least thirty (30) days ahead via an email and a warning through the platform.

2. Services description

What is Docuten?

Docuten is a platform designed to supply the issue and receiving process of electronic invoices in compliance with the regulations in force. Docuten main features merge the invoice generation service and the digital signature process in its different formats, including conservation, direct access and confirmation.

Docuten performs as a trusted third party, referring to the data and declarations of intents of both parties, as it is stated in the article 25 of the legislation 34/2002 from the Information Society Services and Electronic Trade in Spain.

For further information about our services you can contact us at atencionalcliente@docuten.com

Who provides these Services?

Docuten is a web service property of Docuten Techn S.L. NIF number is B85630978. Social address, Av. Porto da Coruña, 3, Planta Baja. Local 6, 15003 A Coruña.

Registered in the Companies and commercial registry in A Coruña, volume 3.384, book : archive, page 93, general section, sheet C-46.206. (Henceforth Docuten).

3. Accounts

Requirements to have an account

To be entitled to use our services, the user must:

• Be a natural person with at least eighteen years old and/or the legal capacity, or a legal person validly constituted under the laws to operate in the market.
• Correctly and truthfully complete the registration process to open an account.

Open an account

To complete the registration process and open an account, the user has to :

• Register all the mandatory field in each case and always cover the personal information like name, surname, email and password. The e-mail address and password allow the user to access to the account and use the services.
• Accept our Terms of Use.

Account use: cancellation and restrictions

The user can cancel the account at anytime by sending an email to atencionalcliente@docuten.com.

Docuten reserves the right to close any account or restrict it features, without any warning to the User if there is any suspicion or findings from DOCUTEN that that specific account is being used for illegal activities or negative to the regulations established between the User and DOCUTEN.

4. Authentication

For the user to access to the account and start using the Docuten services there is the need of authenticating the subscription trough some of these mechanisms:

• Email address and password combination previously established during the register process. The user is responsible of the password custody and should contact DOCUTEN (by sending an email to atencionalcliente@docuten.com) in the event of subtraction, leakage or inadequate use of the password by third parties. Otherwise, you will be responsible for the consequences the inadequate or fraudulent use of your password could cause.
• Electronic certificate under the name of the account owner ( We will be checking NIF matches with the certificate).

5. Prices

Rates

DOCUTEN will charge the Client the current rates for service delivery, depending on the specific offer or modality the Client is subscribing to. These Rates could be monthly or annual, depending on the payment method chosen by the client.

The service rates can be incremented with the legally aplicable taxes. DOCUTEN can modify the suitable prices warning the client with a length period no shorter than fifteen calendar days. After the customer has been warned by DOCUTEN, the continuity with the services and Docuten platform will resolve the acknowledgement and acceptance of the new terms.

For more information about service details offered by Docuten, you can reach out the page of Docuten.

DOCUTEN charges a fee to all the customers depending in which plan are they subscribing for.

Monthly payment : Whenever the client subscribes to the monthly payment service, regarding any of the plans, the service will be charged in advance every month and there will be no refunds. There won’t be any refunds for partial periods or disuse of the platform.In no event there will be exceptions.

Yearly subscription : when an annual subscription is made, regarding the plan the client has subscribed to, the service will be charged in advance every month and there will be no refunds. There won’t be any refunds for partial periods or disuse of the platform.In no event there will be exceptions.

Docuten let you make payments via standard market methods to fulfill the fee service payment. You can make the payments via credit card or domiciled receipt under the owner’s bank account.

Billing Cycle: The subscription quote to Docuten’s services and any other charges that may be associated with your personal account and specific use of the platform, including taxes, will be billed monthly or yearly ,depending on the subscription method previously selected, the same pertinent calendar day your service enrollment started. In some specific cases, the billing date can change, for example, if the payment method hasn’t been correctly set up or if your subscription started in a day non existent in a specific month.

Payment method : You can change your payment method by visiting our website and clicking the option “Your Account”. If the payment method isn’t set up correctly, either because the experiment date has come or there are insufficient funds, as well as any other reason, and you don’t cancel your account or change your payment method, we have the right to cease you the access until we obtain a valid payment method. Once the payment method has been changed, you are authorizing us to bill you the most updated rate and you will be responsible for the amount not previously charged. This can cause a change on the billing date as well as some changes with the payment methods. The local taxes charges could change depending the payment method used. We encourage our customers to inquire your payment method provider about details.

Cancellation: You can cancel your Docuten subscription at any time. You will continue to have full access to the platform until the end of your billing period comes, either if it is annual or monthly. You can discover more about how to cancel your Docuten account in the FAQs.

6. Digital signature

The entrepreneur, professional or passive subject required to expedite de Client invoice, needs to declare that the receiver has authorized the passive subject to issue the invoices attached to the services provided or the goods sold via electronic services.

The origin authenticity guarantee and invoices content integrity that has been submitted through electronic channels can be verified by different process.

Using an electronic advanced signature according to the article 2.2 of the 1999/93/CE Directive of the European Council and Parlament, from the 13th of December of 1999, where it is established a community frame for the electronic signature, based in a recognized certificate created through a secure signature creating device, according to the sections 6 and 10 or the article 2 of the previously named Directive. You can also use a recognized certificate according to the references in the subsection 10 article 2 of the same regulation.

Docuten service allows you to fulfill the requirements needed for the Royal Decree and the EHA/962/2007 Warrant, from the 10th of April, where the dispositions about telematic invoicing and electronic invoice conversations are being displayed. Moreover in the 1496/2003 Royal Decree of the 28th of November, the invoicing obligation regulation was approved. That means, Customers will be able to incorporate the ownership of their own electronic signature issued through Docuten platform just using the fee service. However, if they decide to let DOCUTEN expedite the invoices under their name without having to purchase your own certificate, DOCUTEN will use its signature. which already unifies the requirements asked. On the second option, the following aspects are mandatory :

CONTRACTUAL CLAUSES:

The entrepreneur, professional or passive subject required to expedite de Client invoice, needs to declare that the receiver has authorized the passive subject to issue the invoices attached to the services provided or the goods sold via electronic services.

For the purposes of proceeding with the electronic invoicing shipment to the receiver, the client authorizes that, from agreement date to this particular document, DOCUTEN Tech S.L., with social address in Av. Porto da Coruña, 3, Planta Baja. Local 6, 15003 A Coruña and CIF B85630978 (From now on, Docuten) is allowed to expedite the electronic invoices to the receiver so it can sign the documents via electronic signature under Docuten ownership on behalf of the client.

It is declared and accepted that:

• The client will be the responsible of all the compliance obligations that were established in the RDOF.
• The client is the only direct responsible against the receiver and third parties, on behalf of the invoices sent by Docuten.
• The client is the only responsible of the valid and efficacy of the invoice, as well as for the veracity of the data introduced
• Docuten declares on the present agreement not acquiring any conservation and custody obligation with the client invoices referred to in the RDOF.
• Docuten doesn’t interfere in any of the electronic market operations , or any other type of operations made between the client and the receiver, stating that Docuten won’t be responsible of the negotiations results, liquidated damages that could have been caused from the subject of their operations.
• The incorporated or provided information by the Client, and in the case, the Receiver, related to the invoices content, is their own responsibility, with fully indemnity to Docuten when related to possible mistakes, inaccuracies or any possible failures, including possible virus included on the exchanged information.
• The relationship between the Client and Docuten is produced inside the networking environment of legal entities, and not around natural people, with the consequences this might cause implementing the Personal data protection regulation.
• The client revocation over the invoice expedition could be done at any moment, previous authentic notification during a period of time any shorter to 30 days to Docuten.

7. Data protection/security

In accordance with current data protection regulations (Regulation (EU) 2016/679 on General Data Protection and Organic Law 3/2018 on Protection of Personal Data and the guarantee of digital rights) we inform you that your data will be processed by Docuten Tech S.L., with N.I.F: B85630978, and registered office at Av. Porto da Coruña, 3, Planta Baja. Local 6, 15003 A Coruña.

We have appointed a Data Protection Officer who can be contacted at privacy@docuten.com.

Categories of Data

Docuten will process essential data to provide the contracted service and, in particular:

• Identification data
• Postal and electronic addresses
• Economic data
• Identification codes or passwords
• Commercial information

The purpose of processing data will be to provide the service you request, customer management and management of relationships with data subjects, as well as to be able to communicate updates or changes. Said data will be kept for the duration of the commercial relationship, if its deletion is not requested by the data subject during the minimum time necessary to meet the request.

Similarly, they may be kept in a locked manner in accordance with legal provisions.

In relation to commercial communications and in compliance with Law 34/2002 of July 11, on services of the information society and electronic commerce, DOCUTEN reserves the right to communicate with the data subject through email or other means of electronic communication. However, the data subject may revoke the consent given to receiving commercial communications at any time by simply notifying the sender of their desire.

Docuten is entitled to process your data for the execution of the contractual relationship established with our company.

What are your rights when you provide us with your data?

• The right to request access to personal data relating to the data subject;
• The right to request rectification or erasure;
• The right to request the limitation of its processing; and
• The right to object to processing;
• The right to data portability;
• The right to not be subjected to automated individual decisions;
• The right to erasure.

Data subjects may exercise their rights and contact the Data Protection Officer at the following address: privacy@docuten.com.

In the event that he or she requests the limitation of the processing of his or her data, opposes said treatment or requests its erasure, Docuten will address the request, except for compelling legitimate reasons, or the exercise or defence of possible claims, in which case Docuten is able to save said data in a locked manner.

Recipients of the data

The personal data used in contracting will only be communicated to third parties in this context and will usually be financial entities (for direct debits, etc.), public administrations (for the fulfilment of our legal obligations) and, in general, any third party that, for the very nature of the service provided, such communication is essential.

We also work with providers who provide services to us and who, for this reason, can access personal data. We have signed a data processing agreement with these providers and we have done our best to verify their compliance with data protection regulations. Some of these providers may be outside the European Union but we have verified that they comply with the provisions of current regulations on international transfers.

DOCUTEN reserves the right to monitor and keep records of how the USER makes use of the service and its content, their search history, the IP address from which they access it, as well as to investigate possible violations of these terms and conditions. DOCUTEN may cancel access to the service in the event that usage patterns contrary to the provisions of these terms and conditions are detected. The data subject understands and expressly consents to the processing of their personal data in accordance with the conditions and purposes indicated and the applicable legislation.

The refusal to provide the above data or consent to its processing will prevent the provision of the indicated services.

Access to personal data owned by the client: 

By the very nature of the service provided, Docuten will be the PROCESSOR of client (the CONTROLLER) data, since it will access personal data under its responsibility in order to provide the contracted service. Without prejudice to the provisions of this section, the parties may sign a specific and independent data processing agreement. 

The PROCESSOR accepts the obligations contained in article 28 of the GDPR, and contractually agrees to:

a.- Access the personal data provided by the client exclusively for the purpose of correctly developing the contracted service in accordance with the instructions provided by the CONTROLLER.

b.- Do not apply or use the data for a purpose other than that outlined in the contracted service.

c.- Do not give or communicate, in any case, not even for its storage, the personal data to third parties, or allow any type of access to the data by unauthorised third parties.

d.- The employees of the PROCESSOR are obliged to maintain the confidential nature described, by means of a private document, since it is the obligation of the PROCESSOR to inform its workers of the obligations derived from the data protection regulations regarding the processing of personal data during the provision of the Main Agreement to the CONTROLLER and, especially, of the obligation to not implement techniques or processing aimed at facilitating the re-identification of the data subjects or that pose a risk of re-identification.

The PROCESSOR and by extension, its employees, will not copy, save or authorise the making of any copy of the personal data to which it has access, completely or partially, or any other material or documentation derived from information previously obtained, whatever the medium on which the data is found.

e.- Violation of the duty of confidentiality over said data or of any other obligation derived from the legislation on the protection of personal data and the General Data Protection Regulation, by the PROCESSOR or the staff at its service, is grounds for the termination of the Main Agreement, without prejudice to the corresponding civil or criminal liability actions that the CONTROLLER may face.

Security measures

The PROCESSOR commits to adopting and respecting the appropriate organisational, technical and security measures, in accordance with the provisions of article 32 of the GDPR.

The PROCESSOR offers adequate guarantees regarding specialised knowledge, reliability and resources, with the aim of implementing said technical, organisational and security measures.

The PROCESSOR commits to collaborating with the CONTROLLER, as well as to making available to them all the information necessary to demonstrate compliance with the obligations established in terms of information security, as well as to allow and contribute to conducting audits, including inspections, carried out by the person in charge or by another auditor authorised by the person in charge.

Notification of security breaches

By virtue of article 33 of the GDPR, the PROCESSOR will notify the CONTROLLER by email, without undue delay, and in any case no later than the maximum period of 48 hours, about the personal data breach under his or her responsibility of which he or she has knowledge, together with all the relevant information for the documentation and communication of the incident.

Notification will not be required when it is unlikely that said security breach constitutes a risk to the rights and freedoms of natural persons.

If available, the following information shall at least be provided:

a) Description of the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;

b) The name and contact details of the data protection officer or other contact point where more information can be obtained;

c) Description of the likely consequences of the personal data breach

d) Description the measures taken or proposed to be taken to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.

It is the responsibility of the CONTROLLER, where appropriate as a result of a specific incident, to report data security breaches to the Data Protection Authority.

Subcontracting

In order to enforce compliance with the Main Agreement, it is possible that the PROCESSOR may need to contract third parties or subcontract some of the services included or necessary for the Main Agreement. This subcontracting is known and accepted by the CONTROLLER. In this case, it will be necessary and mandatory for the PROCESSOR to formalise the corresponding data processing regulatory contract with the third party.

The Sub-processor is obliged to comply with the obligations established in this document for the Processor and the instructions issued by the CONTROLLER. It is the responsibility of the initial processor to regulate the new relationship so that the new processor is subject to the same conditions (instructions, obligations, security measures, etc.) and with the same formal requirements regarding the adequate processing of personal data and the guarantee of the rights of the persons affected. In the event of non-compliance by the Sub-processor, the initial processor will continue to be fully responsible to the CONTROLLER regarding compliance with the obligations.

Once there is contracting of third parties or subcontracting, in accordance with article 26 of the GDPR, on joint responsibility for processing, they will be considered PROCESSOR. In the event of non-compliance by the Sub-processor, the initial processor will continue to be fully responsible to the CONTROLLER regarding the fulfilment of the Sub-processor’s obligations.

Once the agreed provision of services has been executed, and when no longer necessary to continue with the order received, the personal data will be destroyed or returned to the CONTROLLER by the PROCESSOR, as well as any supporting material or documents containing any personal data for processing.

8. Intellectual and industrial property

All the applications and informatics programs that make Docuten possible, including the web designing process, and their database (excluding themes and document models), navigation systems, texts, pictures, animations, logos and names, are fully owned by Docuten or, when it is indicated, they belong to third parties and are completely protected under the intelectual and industrial property laws and legislations.

It remains banned every reproduction, transformation and distribution of any of these contents, as well as any decompiling or inverse engineering, out of seen, reproduction or document edition inside Docuten platform. Under any circumstance will be permitted the extraction, reuse and exploration of the previously named contents when they conflict with normal exploitation of the resources, especially their commercial or promotional use for services not concerning to Docuten or any action that might prejudice the moral rights of Docuten users.

9. Guarantees and responsibilities

About general Docuten operations

Docuten guarantees the correct operation of the system respecting to programming mistakes, compilation, major and repetitive design troubles, as well as being responsible for the information custody saved within its servers, responding to the legal bounds stated in the Spanish legislation. Excluded from this issues are those liquidated damages that have been caused by accident, misuse, not allowed or unforeseen actions and any other direct, indirect, consequential, incidental, or special damages , including any enunciative but not limitative issue, emerging damage and loss of profits, work interruption, breakdown, failure or losses and those caused because of any their parties reclamations.

Docuten won’t accept the responsibility for direct or indirect abnormal functioning, failures, mistakes and damages that might be caused to the informatics system of the user or the files and documents saved for the following reasons:

• 1. The capacity or quality of your own personal informatics system or any virus you could have in the user computer that is being used to access or use the services and hired products.
• 2. The Internet connection.
• 3. Search Tools problems or other bad functioning installed applications, or outdated versions or without proper licenses.

About Docuten’s content use

Docuten limits to provide a platform with the elements, applications and functionalities described hereafter.

Under any circumstance, Docuten will respond for the quality, reliability and provided data adaptation for platform users and third parties, as well as for the infraction of the intelectual or industrial property rights, trading secrets and personal information, intimacy vulnerability, or any other citizens, administrative or criminal violation that could have been committed through some of the contents, unless this have been communicated through a firm court decision and a block or withdrawal haven’t been requested or done.

Docuten won’t respond for the documents and contracts out of the Docuten service, as well as the legal business and operations intervening parties could have reached.

10. Service actualization and maintenance

Docuten reserves the right to realize, at any time, modifications and actualizations to the service delivery. Modifications and actualizations can be applied to any content, configuration, disposability and informative presentation, as well as to this present Terms of Use, without causing any harm to the acquired rights. Docuten is allowed to suspend temporarily its services to proceed with maintenance services and improvements, without corresponding a claim or complaint request under this reasons for the direct or indirect damages from acts deriving therefrom.

11. Applicable Law

The present conditions of this legal warning will be applied and interpreted to any term conforming to the Spanish legislation and under its effect, the European Union regulation. Accepting these laws, the user, resigns to any forum that may correspond, besides the situations where through the Law Ministry isn’t possible, and commits to the jurisdiction and competence of the courts and tribunals of the city of A Coruña for the solution of the the conflicts presented relating to conditions and terms of use between Docuten platform and the client.