1. OBJECT

    These Conditions of Use (hereinafter, "the Conditions of Use") regulate the access and use of this platform, (understood within the same concept, the website and the mobile application, where appropriate) owned by MICRODATA SOFTWARE SL (hereinafter, MICRODATA) and that we will refer from here on to "the platform", through which users access through the url: www.efirma.es (hereinafter, the "User") or, they access through the channels specified by MICRODATA as clients (hereinafter, the "Client"). The data of the holder of the service are the following:

    • Owner: MICRODATA Software SL
    • Registered office: Plaza Dalias s/n Edificio Celulosa II Floor 3 Office 1 04007, Almería.
    • NIF: B04167557
    • Public Registry: Folio 107 of volume 59 of Companies, page 1.487-AL 1ª.
    • Telephone and Fax: +34 950 268 000
    • Contact Email: efirma@microdata.es

    MICRODATA is a company dedicated to commercializing software products or solutions that are published in www.microdata.es, among which is the electronic signature solution efirma GO, managed through the following URL: www.efirma.es, a service dedicated to the digitalization of sending, signing and formalizing documents of different kinds.
    Access and use implies prior and express acceptance of these Conditions of Use, taking into account that, in the event that the User contracts the services, it will entail acceptance of the General Contracting Conditions of the service and, where appropriate, the particular conditions that may be applicable and must be expressly accepted by the Clients. These particular conditions may replace, complete or, where appropriate, modify these Conditions of Use.
    These Conditions will also be subject to the provisions of the rest of the applicable policies, such as the Privacy Policy or the Cookies Policy and are subject to the prior acceptance of the User or Client through the acceptance box designated for this purpose.

    2. CONDITIONS OF ACCESS AND REGISTRATION TO THE PLATFORM

    2.1 CONDITIONS OF ACCESS AND REGISTRATION/USE
    2.1.1 NON-REGISTERED USER

    Simply accessing and browsing the Platform does not require registration and is completely free. However, access and navigation assumes that the User accepts and agrees to comply with these Conditions of Use, as well as any instructions or recommendations that may be indicated by the owner of the service.
    Likewise, the User may raise questions or request information through the "Contact" area provided on the Platform and MICRODATA may offer information that may be of interest to them.

    2.1.2. REGISTERED USER OR CLIENT (CLIENT AREA)

    In the event that the User wishes to contract the services of MICRODATA, they must be registered in the specific service and accept the General Contract Conditions by accepting the box indicated for this purpose. This record may be made electronically through the accessible channels in www.microdata.es or in www.efirma.es where all the necessary data must be entered to be able to process possible consultation requests or offer the service that you have contracted as a Client.
    From the moment the User accepts the General Contract Conditions, he acquires the status of Client, unless he was previously due to having previously contracted another service and has not unsubscribed as a registered user.

    2.1.3. TRUTH IN THE DATA PROVIDED

    Under no circumstances will MICRODATA be responsible for the veracity of the registration data provided by the Users or Clients, therefore each one of them is responsible for the possible consequences, errors and failures that may subsequently arise due to lack of veracity in the data.
    In any case, both for Users who request information and potential Clients who wish to hire a service, the data must be recorded in accordance with the provisions of the Privacy Policy and in any case in accordance with Regulation (EU) 2016/679 regarding the protection of natural persons with regard to the processing of their personal data, as well as with Organic Law 15/1999 of December 13, on the protection of data.

    2.2 SPECIFIC REQUIREMENTS FOR REGISTRATION

    2.2.1. As indicated in these Conditions, once the User has registered on the Platform, their account is personal and non-transferable.
    2.2.2. The purchase of the electronic signature service is only allowed through www.efirma.es to individuals and not to companies and/or professionals who wish to market said products through other sales channels. These groups must purchase these products directly through the usual distribution channels.
    2.2.3. In any case, it is an essential requirement to be over eighteen (18) years of age to carry out the registration of the User or Client and legal resident in the European Union and provide all the data required and classified as mandatory.
    2.2.4. The User or Client who registers assumes that their password and the User's account are personal and non-transferable. The password must be generated by the User in accordance with the robustness and complexity rules established at any time by MICRODATA. The password created by the User or Client will have an unlimited temporary validity, only subject to the time that it remains active on the Platform of the specific service that requires access by password. Notwithstanding the foregoing, the User may modify his password at any time, through the tools made available by MICRODATA through efirma@microdata.es.

    2.3 LOW AS USER OR CLIENT

    2.3.1. The user may unsubscribe from the registry to receive information or the contracted service whenever they wish, by written communication to efirma@microdata.es, indicating your username and the specific service you wish to unsubscribe from. Likewise, you may request to unsubscribe from receiving notifications by email through that same address or the link indicated for this purpose in all emails that you may receive from MICRODATA. The process of unsubscribing notifications can take between 48 and 72 hours.
    In any case, the User or Client may request a new registration, unless the provisions of these Conditions of Use, the General Contract Conditions and the MICRODATA Privacy Policy are contravened.
    Likewise, MICRODATA may not admit such registration in the event of a conflict or controversy between the parties, which is yet to be resolved or which has ended with the user's acknowledgment of fault or negligence and/or damage to MICRODATA, its collaborators and associates, or to your users, customers or potential customers.

    2.4 USE OF THE USER OR CLIENT ACCOUNT

    2.4.1 The accounts of registered Users or Clients are completely personal and non-transferable. In this sense, the User or Client undertakes to make diligent use of their account, not being able to transmit it to any third party. Consequently, they will be responsible for the proper custody and confidentiality of any identifications and/or passwords that they have selected as Users or registered Clients, and undertake not to assign their use to third parties, whether temporary or permanent, nor allow access by third parties. to his account.
    2.4.2. In the event that the User or Client is duly authorized by MICRODATA to carry out the assignment or subcontracting of the account, responding in any case jointly and severally to the other party in relation to the rights and obligations arising from this contract that were breached by the new owner.
    2.4.3 In the event that there is another institution independent of the User or Client that may require the use of the Platform, it must be expressly authorized by MICRODATA, to the extent that it has a CIF and company name different from that of the User or Client, even if it belonged to the same group of companies. In any case, this new organization must register with MICRODATA, and must pay the corresponding economic amounts in accordance with the particular contracting conditions agreed between the parties.
    2.4.4 It is the obligation of the User or Client to immediately notify MICRODATA about any fact that allows the improper use of identifiers and/or passwords, such as theft, loss or unauthorized access to them, in order to to proceed to its immediate cancellation. As long as such facts are not communicated, MICRODATA will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

    3. RULES FOR THE USE OF THE PLATFORM

    3.1 RIGHTS AND OBLIGATIONS OF MICRODATA

    3.1.1. MICRODATA undertakes to carry out correct maintenance of the Platform in order to guarantee the full fulfillment of user requests, as well as the service contracted by each Client.
    3.1.2. Likewise, MICRODATA will maintain a database where all the data subject to the provision of the service associated with the User or Client will be reflected, allowing its correct management.
    3.1.3. MICRODATA will provide constant information to the Client on any modifying circumstance of these Conditions of Use as well as in the case of the General Contract Conditions or other particular conditions that have been agreed with the Client.
    3.1.4. It will adopt the technical and organizational security measures that correspond to it in each case, protecting the confidentiality of the personal data collected from Users or Clients in accordance with the specific purpose of each data processing and complying both with the conditions regarding data protection described in this document, as well as the Privacy Policy.
    3.1.5. MICRODATA reserves the right to block the access and use of the Client or User in the event that they do not comply with any of the obligations arising for the Client or User from these Conditions or any other specific conditions that may be applicable to them.
    3.1.6. In the event that an electronic certificate owned by the Client is used for the provision of a specific service, MICRODATA will assume the deposit of the same, committing and guaranteeing to the Client that it will keep the certificate under the strictest security conditions, both physical and logical. deposited, complying with the due diligence required for this type of deposit, signing, where applicable, the corresponding electronic certificate deposit and administration contract.

    3.2. LIMITATION OF LIABILITY

    By way of example, MICRODATA will not be responsible in the following cases:

    • Misuse or abuse by the Client or the User of the information accessed through the services offered or contracted with MICRODATA that causes damage or harm to the latter.
    • Errors or delays in access to services by the User or Client when entering their data in the application or receipt by the recipients of the document or any demora, failure or anomaly that may arise when these incidents are due to actions of the User or Client, or any other fortuitous cause, force majeure or unforeseeable contingency and beyond the good faith of the company.
    • MICRODATA undertakes to solve any problems that may arise as long as they are due solely and exclusively to a problem in the MICRODATA system or service, collaborating with the User or Client in whatever is necessary to arrive at an adequate solution.
    • Of errors or damages caused by negligence or bad faith in the use of the service by the User and/or Client
    • Without prejudice to the responsibilities that correspond to MICRODATA in its capacity as controller or processor, it will not assume responsibility for data processing carried out by third parties in which the interested parties have not been previously informed or on which the data processing has not been adopted. the corresponding security measures.
    • Failures and incidents that may occur in communications, deletion or incomplete transmissions since network outages or other types of situations may occur for which MICRODATA is not directly responsible, such as the use of browsers or different versions of the browsers for which the Platform has been designed or interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of the system used, caused by causes beyond the control of MICRODATA, not assuming responsibility for it or guaranteeing that the Platform services are constantly operational, being exempted of any damage this may cause.
    • MICRODATA, even being exempt from liability for damages that may have been caused to both the Client and third parties, will collaborate in notifying the competent authority of any incidents that may occur from the moment in which it has reliable knowledge of the damage caused and the possibility of illegal activity.
    • MICRODATA, through the electronic signature service, offers a valid and legal solution for the signing of contracts and other types of private documents, although the recognition and validity for legal purposes of the documents and transactions executed by the users of the platform, They will be duly assessed and determined in each case by the corresponding jurisdictional bodies.
    • MICRODATA acts as a mere provider of an electronic signature technology platform with OTP and mobile biometric signature. Consequently, it will not assume any responsibility, direct or indirect, derived from the misuse that Users may make of the Platform.
    3.3 OBLIGATIONS OF THE CLIENT OR USER

    The Client or User, by accepting these Conditions, agrees to:

    • Make lawful use of the service offered by MICRODATA as the owner of the platform, as well as compliance with the requirements of the applicable regulations regarding the protection of consumer and user rights, electronic commerce, data protection and any other regulations. that results from application, being the Client the only one responsible for the infractions that are committed as a consequence of the incorrect or abusive use of the Service.
    • Guarantee the veracity and accuracy of the personal data provided to MICRODATA to carry out the requested or contracted service (eg: electronic signature or other identifying data).
    • At the time of contracting a service, the Client or User must be of legal age, a necessary requirement to be able to carry out the contract. In the event that MICRODATA detects the contracting by a minor, you must notify MICRODATA through the contact information indicated in the header of these conditions.
    • In the case of acting on behalf of a company or representation of a legal person, the Client or User expressly acknowledges having the relevant authorizations and/or powers for contracting the service, taking responsibility for the consequences that may arise from non-compliance.
    • In the event of any situation that could jeopardize the security of authorized Users' access to the Platform, the User or Client must notify MICRODATA.
    • Not subject the Platform to actions that are clearly aimed at destabilizing it, such as denial of service (DDoS) attacks or similar situations,
    • Not carry out acts of reverse engineering, taking requirements and other activities aimed at developing a service similar to that owned by MICRODATA, this activity being able to be considered an act of unfair competition and violation of the intellectual and industrial property rights that MICRODATA holds over the platform.
    • Do not publish the Platform, or use it as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
    • Not translate, adapt, improve, transform, correct the Platform, or any of the elements that integrate it, or in any other way modify it, not being able to incorporate the Platform into other software or own Platforms or those provided by third parties.
    • Take responsibility for proper use of your User profile and platform access password, guaranteeing diligent use of them and not making them available to third parties. Likewise, it will notify MICRODATA of the loss of the same or possible access by an unauthorized third party to its data to carry out the blocking of the same.
    • Commit to use the platform, content or services in accordance with the law, with these Conditions of Use and Contract, with the Privacy Policy, as well as those particular conditions that may apply to each service offered in accordance with good customs and public order.

    Failure to comply with any of the above obligations by the User or Client may entail the adoption by MICRODATA of the appropriate measures covered in the exercise of their rights and obligations, and the account of the offending User or Client may be deleted or blocked, without any possibility of any compensation for the damages caused, as well as the possibility of carrying out the legal actions that MICRODATA deems appropriate.
    MICRODATA makes the following email address available to Users efirma@microdata.es in order that a User affected by any content can bring it to the attention of the entity, with the will to rectify said content if appropriate.

    4 INTELLECTUAL AND INDUSTRIAL PROPERTY

    4.1. MICRODATA guarantees the User that it is the legitimate owner of the Platform, understanding the "Platform" as the service it offers as a whole, and that it is not involved in any type of legal controversy prior to the acceptance of these conditions.
    4.2. The Client expressly acknowledges that MICRODATA holds all right, title and interest over the Platform, as well as over all its modifications and updates, and over any element and/or functionality that was developed on it. For these purposes, the acknowledgment of MICRODATA's ownership of all copyright, intellectual property, and/or industrial rights is included without any limitation, being able to exploit the Platform without more limitations than those established by law.
    4.3. The structure, characteristics, codes, work methods, information systems and exchange thereof, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the Platform, are the exclusive property of MICRODATA. , being duly protected by national and international intellectual and/or industrial property laws, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the user. MICRODATA.
    In the same way, all the user manuals, texts, graphic drawings, databases, which complement the Platform and/or the materials associated with it, are the property of MICRODATA, without being subject to further modification, copying, alteration, reproduction, adaptation or translation by the User.
    4.4. The provision of the Platform in service mode or the mere access by the User or Client does not imply, in any case, the transfer of its ownership, nor the granting of a right of use in favor of the User other than that expressed in these Conditions. In order for the Client to be able to use the specific contracted service, the exclusive property of MICRODATA, the latter assigns, by virtue of the General Contract Conditions, a non-exclusive use license in favor of the Client, of a temporary scope limited to the duration of the service, non-transferable, revocable, and non-sublicensable.
    In any case, any type of reproduction, imitation, transmission, translation, modification, creation of a derivative work and/or public communication is absolutely prohibited, regardless of the means used to do so, otherwise the offending User or Client assuming all responsibilities. direct or derived that could occur. 4.5. In the same way, the Client expressly authorizes MICRODATA to use the logos, brands and trade names of his company, being able to use them both on the MICRODATA website, as well as in the advertising and/or promotional material of the service, regardless of the format. in which they are

    5. CONFIDENTIALITY

    5.1. MICRODATA undertakes to guarantee the confidentiality of the data provided by its Clients or Users, implementing the necessary technical and organizational measures to minimize the risks of loss of personal data and/or confidential information as indicated in the Privacy Policy and in the present conditions of Use.
    Access to User or Client data is restricted to those persons authorized to use it, applying due diligence to avoid any loss, alteration or improper use thereof.5.2. For their part, the User or Client undertakes to maintain strict confidentiality regarding all data, documentation and other information that has been supplied by MICRODATA. Likewise, it undertakes not to communicate this information to any other person or entity, and may not reproduce, use, sell, license, display, publish or disclose it in any way without the express authorization of MICRODATA.
    5.3. The confidentiality obligations established in this contract will have an indefinite duration, remaining in force after the termination for any other reason, of the relationship between the Client and MICRODATA.

    6 PERSONAL DATA PROTECTION

    6.1. MICRODATA is responsible for the processing of personal data that the Client or User provides for access, registration and management of the specific service that is requested at any time, and must comply with the provisions of Regulation (EU) 2016/679 of 27 of April 2016 on the Protection of Personal Data, as well as with Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights and in accordance with the provisions of the Privacy Policy.
    6.2. Among the personal data that MICRODATA can collect from the User are the identification data obtained through the information request channels or those collected by sending an email requesting information about the services provided by MICRODATA.
    In this sense, the User will expressly accept the processing of their data by MICRODATA to resolve the requests made. Likewise, in accordance with the provisions of the Privacy Policy, MICRODATA will request express consent to carry out specific treatments that require it, such as the data used for the electronic signature solution (such as the biometric data emanating from the signature electronic biometrics of the signatories).
    6.3. MICRODATA guarantees that the data obtained from the User or Client will be protected in accordance with the appropriate technical security measures, and may not be used by MICRODATA in any case, without prejudice to the application of any of the exceptions provided for in the legislation.
    6.4. The User undertakes not to receive information from a third party under any circumstances and to use it through the MICRODATA services without having previously informed and requested their express consent.
    6.5. MICRODATA, may act as data processor, accessing data from the Users of its Clients in order to provide services to the latter by virtue of a treatment order agreement in accordance with article 28 of the European Data Protection Regulation. .
    6.6. The User or Client guarantees that the personal data provided to MICRODATA is accurate and up-to-date and undertakes to notify any changes that may occur thereto.
    6.7. The User or Client has the option to request the exercise of their rights that guarantee them in terms of protection of personal data in accordance with European Regulation 679/2016 and the rest of the related regulations through the media and in the manner described in the Privacy Policy of MICRODATA and, in any case, through the mail efirma@microdata.es

    7. COMMUNICATIONS BETWEEN THE PARTIES

    7.1. Any notification that is made between MICRODATA and the User or Client will be in writing and will be delivered personally or in any other way that certifies receipt by the notified party.
    7.2. If the Customer or User has any questions or concerns about these Terms of Use, please contact the Administration department at the following email address: efirma@microdata.es or by post to our central offices, located in Plaza Dalias s/n Edificio Celulosa II Planta 3 Oficina 1 04007, Almería.

    8 GENERAL DISPOSITION

    All the clauses or extremes of these Conditions of Use must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared null by a final judicial sentence. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by these Conditions.

    9. APPLICABLE LAW AND COMPETENT JURISDICTION

    These Conditions of Use are governed by Spanish laws, being competent for the resolution of all conflicts that may arise between the parties, the Courts and Tribunals closest to ALMERIA.

    10. MODIFICATION OF THE PRESENT GENERAL CONDITIONS

    10.1. At any time, MICRODATA may modify these Conditions of Use when it considers it necessary, informing the Client or User of any significant change that may occur in it in accordance with the duty of transparency and the rights of consumers and/or Users. However, the conditions of which he would have been informed at the time of use of the Platform will apply to the User.
    10.2. If any clause of these Terms of Use is considered invalid, void, illegal or unenforceable for any reason, this will not affect the validity of the other clauses included in this document.