TERMS AND CONDITIONS OF USE

Tranxfer reminds you that you should carefully read the conditions presented below, as they are the ones that govern Tranxfer’s behavior during the transactions that occur on this Website. In addition, using the Tranxfer Services implies that you agree to be bound by these conditions and those that are related (general terms and conditions).

Stay informed: it is recommended to periodically review our Privacy Notice, as well as the Cookies Policy, so that you are aware of our practices.

TRANXFER’S CORPORATE PURPOSE

Tranxfer provides cybersecurity services to companies and Internet users interested in the management, classification and control of incoming and outgoing file traffic of an account or group of accounts. Those who hire this service will improve the management of confidential files.

COMMUNICATIONS

Tranxfer will communicate electronically with its users (mail, communications published on the company’s website or messages transmitted by social networks), who agree that all contracts, notices and other notifications and communications that are sent by electronic means satisfy Any requirement in writing, unless any mandatory legislation applicable requires a different form of communication.

COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS AND DATABASE RIGHTS

All content hosted or made available in any of the Tranxfer Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections are the property of this company or its suppliers. of content and is protected by national and international legislation on intellectual property rights, copyrights and database rights. Therefore, information and content related to Tranxfer and made available to the public are the exclusive property of Tranxfer.

The systematic extraction or reuse of any part of the content of the services offered and the information published is not allowed without the express written consent of Tranxfer.

COMMERCIAL IMAGE

It is recalled that the graphics, logos, page headers, button icons, scripts and service names included in the Tranxfer portals represent the commercial image of the company. Therefore, the improper use of these elements in relation to any product or service that does not belong to Tranxfer or is not in a collaborative situation (Partner) is not allowed.

RESPONSIBILITY OF THE USER

Users are warned that the confidentiality of their data while browsing the Tranxfer portals and the use of the services offered there is their responsibility, so they must adopt the security measures that they deem appropriate on their computer and other devices to through which you access the indicated portals. To the extent permitted by applicable law, you agree to assume responsibility for all activities carried out from your account or using your password. Any incident of unauthorized access or improper use of your account must be notified to Tranxfer as soon as possible, in order to provide the support that is deemed appropriate.

The user must verify that the data provided to Tranxfer are correct, complete and do not correspond to specially protected data (Article 9 and recitals 51 to 56 RGPD). By virtue of the commitments that the RGPD assigns to those responsible and in charge of data processing, the user must inform Tranxfer about any variation on the information that has been provided, in order for it to be rectified, updated or portable (according to the user’s need ). For the above, you can contact Tranxfer through the email support@tranxfer.com.

Tranxfer reserves the right to deny access to the service, to cancel any accounts and to delete or modify any content in the event that the user breaches the applicable legislation, these Conditions of Use or any other applicable terms and conditions or policies.

The user accepts that the use of the application will be carried out for strictly professional, personal, private and private purposes. The user may not use the portal for activities contrary to the Law, morality and public order, as well as for prohibited purposes or that violate or injure the rights of third parties. Likewise, the dissemination, storage and / or management of data or content that infringe the rights of third parties or any regulations governing intellectual or industrial property rights is prohibited.

The user may not use the portal to transmit, store, disclose, promote or distribute data or content that carry viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any computer program or equipment or telecommunications.

The user undertakes to indemnify and hold the portal harmless for any damage, harm, sanction, fine, penalty or compensation that Tranxfer has to face for infractions derived from the misuse of the first.

COMMUNICATIONS AND OTHER CONTENT (INTELLECTUAL PROPERTY)

Tranxfer respects the intellectual property of third parties. If you consider that any right of this nature (being you the owner) has been unknown or violated, we ask you to contact us immediately at the email: m.monzo@tranxfer.com.

LINKS TO OTHER BUSINESSES

Third parties (collaborators) may offer their services or sell product lines through Tranxfer portals. For this reason, links to the websites of these collaborators will be made available to users, without making Tranxfer responsible for examining or rating the offers of such companies, or the content hosted on their respective websites.

TRANSFERS OF DATA FROM USERS TO THIRD PARTNERS

The user will always be informed about whether a collaborating third party participates in his operation (direct transaction -buy license- or project -deployment, migration, implementation-) and if it is necessary to share any personal data for the proper development of the operation. For more information, you are advised to carefully review the privacy policy of both Tranxfer and such third parties.

TRANXFER’S ROLE

Tranxfer acts as a developer of cybersecurity software and secure sending and receiving of files. Therefore, whenever the support related to the service or product purchased is contracted, the development of the corresponding operation or project will be the responsibility of Tranxfer.

LIABILITY OF TRANXFER

Tranxfer undertakes to make its best efforts to ensure the availability, without interruptions, of its Services, as well as the absence of errors in any transmission of information that may take place. However, due to the very nature of the Internet, such extremes cannot be guaranteed.

Tranxfer will not be responsible for (i) any losses that were not attributable to any breach on its part, (ii) business losses (including loss of profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), nor of (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user had started to use the Tranxfer Services.

Nor will Tranxfer be liable for any delay or failure to comply with the obligations arising from these conditions if such delay or failure to comply is attributable to circumstances beyond the reasonable control of Tranxfer. This provision does not affect the customer’s right to receive the product or the provision of the corresponding service within a reasonable period of time, or to receive the appropriate reimbursement in the event that we are unable to supply such products or services within a reasonable period of time for any reason beyond our control. reasonable control.

COMMUNICATIONS AND NOTIFICATIONS

By using this website, the user accepts that communications with Tranxfer will be electronic (mail or notices published either on virtual platforms or social networks of the company).

For contractual purposes, the user agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Tranxfer sends electronically comply with the legal requirements of being in writing.

The user can send notifications and / or communicate with Tranxfer through the contact information provided in these conditions or through the contact spaces of the online store.

Likewise, unless otherwise stipulated, Tranxfer can contact and / or notify the user in their email.

APPLICABLE LEGISLATION

These conditions will be governed and interpreted in accordance with Spanish data protection and electronic commerce laws, which are adjusted to European regulations.

The parties agree to submit to the jurisdiction of the Courts of Barcelona.

MODIFICATION OF THE SERVICE OR VARIATION OF THE CONDITIONS

Tranxfer reserves the right to make changes to its Services, its policies and terms and conditions, including these Conditions of Use, at any time. Therefore, the relationship with the client will be governed by the terms and conditions, policies, Conditions of Use and General Conditions of the Services in force on the date the Services are used. If any of these Conditions of Use or the General Conditions of the Services were declared invalid, null or for any ineffective cause, said condition shall be understood to be excluded without said statement affecting the validity or enforceability of the rest of the conditions.

TRANXFER DATA

This site and the Tranxfer portals that can be accessed through it are the exclusive property of TRANXFER SOFTWARE COMPANY, S.L. which is also responsible for its maintenance.

TRANXFER FISCAL DATA

CIF: B65972523
Address: Plaza Pablo Ruiz Picasso 1, Torre Picasso Building, 15th floor 28020 Madrid
Phone: +34659422806

RGPD COMPLIANCE AND NOTIFICATION OF ALLEGED VIOLATION OF RIGHTS

The portal adopts for the treatment of data all technical and organizational security measures that are mandatory, in accordance with the provisions of current legislation.

If the user considers that any of the rights contemplated in the RGPD has been violated or unknown, Tranxfer recommends that you complete and send the following form to the following address: soporte@tranxfer.com.

ADDITIONAL INFORMATION

Service Support

Tranxfer offers a complete service for resolving incidents of the via ticket service, to make a report, firstly it will ensure that the failure is not the result of some error outside Tranxfer and it is recommended to carry out a series of checks prior to opening an incident:

Verification that the user reporting the incident is the administrator of the Tranxfer service, within the client.
Verification of the validity of the client license.
Basic operation of the user’s equipment. Verify the clearing of the cache memory of the browser of the device.
Error in the client’s local network and internet access.
Verification of the correct process of using the service.
Check the operation of the user on other computers (eg on PCs of other users, with the Tranxfer account that originates the incident).
Verification of the non-existence of Firewall or DLP (data filtering service) settings that do not block the operation of the application.
Verifications of the basic configuration of the application.
Correct creation of the user with incidence.
Verification of key configuration parameters (permissions to send and permissions to receive).
Verification of the shipping limits established by the client.
Customer email server failure, in case Tranxfer notifications travel through customer email service.
Check that notifications of shipments do not reach the recipient’s spam folders.

In the event of an incident, a ticket will be created by email to the address support@Tranxfer.com, stating the incident in the manner set out below. If the incident refers to a specific shipment, the following should be mentioned:

Reference code of the shipment or receipt.
Date and time of shipment.
Version of the operating system and type of equipment (computer, Tablet, etc …).
User’s contact telephone number.
Attach a screenshot or recording of the same, where the incident or error message is appreciated.

The Tranxfer service classifies incidents into two types according to their criticality and assigns different response and resolution times based on said criticality:

Critical Incident: incident for which the Tranxfer service is not available to any user for reasons attributable solely to the operation of the platform and its physical support. Situations in which the Tranxfer service may not be active for any reason attributable to the customer’s systems are not considered critical incidents.
Non-Critical Incident: rest of incidents different from the previous ones or any query related to the service.

The response and resolution time commitments for non-critical incidents have a notification schedule from Monday to Thursday from 9 a.m. to 6 p.m. and Friday from 9 a.m. to 3 p.m., with response time and resolution the next business day (Next Business Day).

Response and resolution time commitments for critical incidents have a notification schedule of 24×7, 365 days, with a response time of 4 hours and a resolution time of 8 hours.

SERVICE LEVEL AGREEMENT (SLA)

The Tranxfer service is offered to customers, subject to the following service level terms / conditions.

For this there are a series of definitions to understand:

“Authorized Contact” means the individual specified to Tranxfer by the CLIENT, who is authorized to submit claims under this SLA.
“Available Credit” means the solution Tranxfer will offer to a valid Claim. The Available Credit will be applied in the form of a credit or discount against a future subscription invoice for the Service.
“Claim” means a claim submitted by the Authorized Contact to Tranxfer pursuant to this SLA, because the Service Level has not been met during a Contracted Month.
“Contracted Month” means each full month during the period of Service measured from 12:00 a.m. GMT + 1 of the first day of the month until 11:59 p.m. GMT + 1 of the last day of the month.
“Customer” means an entity that subscribes to the Tranxfer Service.
“Inactive Period” means a period of time in which the Tranxfer service has stopped and all users cannot use any of the Service’s functionalities. The Inactive Period does not include the period of time when the Service is not available as a result of:

Scheduled stops.

Causes of Force Majeure.

Problems with third-party equipment, applications or data.

Acts or omissions of the Client or third parties (including anyone who gains access to the Service).

Failures caused by third-party platforms trying to access the service.

“Event” means a circumstance or set of circumstances, resulting from a failure that causes a Service Level.
“Force Majeure” means fire, flood, computer virus, earthquake, disorder, war, government acts, terrorism, denial of service attacks or other malicious conduct, failure of utility and connectivity to the customer’s network, or any other cause of outage of the Service that is outside the reasonable control of Tranxfer.
“Planned downtime.” It means a scheduled shutdown of service for the purpose of maintenance.
“Service” means the Tranxfer secure file sharing service to which this SLA refers.
“Service Level” corresponds to the percentage of time in which the Tranxfer service is available.

To choose to file a claim by Service Level, the CLIENT must register a support ticket for each case through Tranxfer’s customer service, via email to the address support@Tranxfer.com. The CLIENT must provide all the detailed information about the case and reasonably collaborate with Tranxfer with the diagnosis and resolution of the case. Incident tickets must be registered within twenty-four (24) hours from the moment the incident is detected or on the next business day, in the event of the incident on a holiday.

The Authorized Contact must submit their Claim for an Availability Credit no later than three (3) business days after the end of the Contracted Month to which the claim refers.

The authorized Contact must submit to Tranxfer all details regarding the Claim, including a detailed description of all relevant cases and the Service Levels claimed.

Tranxfer must internally measure and report the total Total Downtime during each Contracted Month. For each valid Claim, Tranxfer will apply the highest applicable Availability Credit, based on the total Downtime during each Contracted Month

The total Availability Credits granted with respect to any Contracted Month will not exceed, under any circumstances, 10 percent (10%) of the fee corresponding to a month of service.

Tranxfer will use its reasonable judgment to validate Claims based on the information available in Tranxfer’s systems, which will prevail in the event of a data conflict with the CLIENT’s records.

The availability credits provided to the customer in accordance with this SLA are the sole and exclusive solution with regard to any claim.

In the event that Tranxfer does not reach at least 90% of the Service Level in a given month, the CLIENT will have the right to terminate the Service if requested and will be effective at the end of the current month.

The Tranxfer client may claim an Availability Credit if the application is not available from a certain percentage of time, according to the following percentages:

99.9% of the level reached during the contracted month translates into 2% availability credits.
99% level reached during the contracted month translates into 5% availability credits.
95% of the level achieved during the contracted month translates into 10% availability credits.
The percentage of “Level of Service Achieved