Via the web domain www.openmags.com, and under the terms set out below, Users may access the OpenMags Communication Platform, which consists of software that enables the creation of all sorts of digital publications: newsletters, magazines, catalogues, presentations, corporate reports, digital books, pamphlets, invitations, etc. The platform enables creation and editing of templates/pages via user-friendly editing interfaces. This editing and creation of templates does not require knowledge of programming or basic design principles. In addition to this primary function of creating publications, the platform’s functions are augmented by a CRM system and a Metrics system. The integration of three systems (publication creation, CRM and metrics) enables the creation and management of databases, management of publication distribution, customisation of items sent and of publications, and measurement of reader and user interactions with the Platform and its publications.
To access and use certain sections and features of the “OPENMAGS Services”, Users must first register and create a User Account.
In the event that anyone other than yourself should access your User Account or any of the settings of the OpenMags Communication Platform, said person will be able to perform the actions that are available to you as a registered User and make changes to your digital user publications. Any such activity shall be considered to have been carried out by the legitimate User or on behalf thereof.
We thus urge you to keep your User Account login passwords secret, allowing only those you trust to access your account, as you shall be solely liable for any activities carried out from your User Account or with respect to any of the settings of the OpenMags Communication Platform, regardless of whether you have expressly authorised these actions, and you shall be liable for any damages, expenses or losses that may arise from such activities.
OPENMAGS may issue notices to Users by any of the following means: 1) Via the “OPENMAGS Services”, including banners or pop-up notices on the OPENMAGS Website, User Account or any other place; 2) By email, sent to the email address that the User has provided; and 3) By any other means, including via any of the telephone numbers or the physical address provided by the User. Notices from OPENMAGS to the User shall be considered to have been received and to be effective as soon as they are published or sent by any of the means set out above, except where stated otherwise in the notice.
USER ACCOUNT. OBLIGATIONS OF THE USER.
You must provide accurate, true and complete information when registering for your User Account and when using “OPENMAGS Services”.
For this purpose, OPENMAGS shall consider that the owner of a given User Account, and of user content created or uploaded to the relevant “OPENMAGS Services”, is the person or entity whose invoicing information was used to procure these chargeable services.
Users that access “OPENMAGS Services” affirm that they are aged eighteen (18) years or more, or the legal age of majority in the territory of their jurisdiction, and that they have the legal standing necessary to accept the OPENMAGS Terms and enter into a binding agreement in their own name and right or in the name of the entity which they claim to represent.
Similarly, with respect to user content, the User affirms that he or she possesses all rights over the content loaded or uploaded to the User’s publications on the OpenMags Communication Platform, including designs, images, animations, videos, audio files, sources, logos, illustrations, compositions, artwork, interfaces, texts, literary works and any other material, and affirms that he or she possesses and shall continue to possess all relevant proxies, legal titles, licences, consent and/or authorisations required for the use, reproduction, communication and publication thereof, expressly holding OPENMAGS harmless from any liability with respect thereto.
Furthermore, the User affirms that any content loaded or uploaded to his or her publications on the OpenMags Communication Platform is and shall remain legitimate, that it does not violate the rights of any third parties and that it is in no way unlawful for the User to possess, publish, transmit or display this content in his or her country of residence, or in the country where visitors and end users of the publication reside, expressly holding OPENMAGS harmless from any liability in relation thereto.
The User is solely liable for any use of “OPENMAGS Services” made from his or her User Account and for content loaded or uploaded to the User’s publications on the OpenMags Communication Platform.
For security reasons, users are recommended to make regular backup copies of content loaded or uploaded to their publications on the OpenMags Communication Platform, and of any information being processed in relation to their publications.
The User undertakes not to copy, modify, download, adapt, carry out reverse engineering on, emulate, migrate to another service, translate, compile, decompile or disassemble the OPENMAGS website, the “OPENMAGS Services” (or any part thereof) or any content offered by OPENMAGS without express prior written consent from OPENMAGS.
The User undertakes not to publish, send, transmit or display any content in a context that could be considered defamatory, libellous, slanderous, obscene, harassing, threatening, abusive, racist, offensive, misleading or fraudulent, which encourages criminal or harmful conduct, or which infringes the rights of OPENMAGS or any third party (including any intellectual property rights or privacy rights), or which in any way shows any person, entity or brand in a derogatory light or in a manner harmful to their reputation or standing, and expressly agrees to hold OPENMAGS harmless from any liability in relation thereto.
The User undertakes not to use any “robot”, “crawler” or other automatic mechanism, program, script, algorithm or method, or any similar or equivalent process, to access, acquire, copy or monitor any part of the “OPENMAGS Services” in a way that could harm the reputation or goodwill of OPENMAGS.
The User also undertakes not to upload to the “OPENMAGS Services” and/or to the content of his or her publications on the OpenMags Communication Platform, or in any other way make use of, any virus, worm, Trojan, time bomb, web bug, spyware, malware, or any computer code, file or program that aims or is designed to damage or hijack the functions of any hardware, software or telecommunications equipment, or any other code or component that is or is potentially harmful, disruptive or invasive.
The User undertakes not to use any of the “OPENMAGS Services” and/or the content of his or her publications on the OpenMags Communication Platform in relation to any sort of spam, unsolicited email, fraud, scams, phishing, “chain letters”, “pyramid schemes” or similar conduct, or to participate in any other way in unethical marketing or publicity.
The User acknowledges and agrees that non-compliance with any of the obligations set out above shall give rise to immediate termination of the provision of services from his or her User Account and any of the “OPENMAGS Services” without prior notice and without a right of refund.
OPENMAGS COOKIES POLICY
A cookie is a file that is downloaded to your computer when you visit certain websites. Cookies enable a website to, amongst other things, store and collect information on the browsing habits of a particular user or said user’s device. In addition, depending on the information contained in the cookies and the way in which the device is used, cookies may also be used to recognise the user. The user’s browser stores cookies on the hard drive only during the current session; they occupy minimal space and are not harmful to the computer or device. Cookies do not contain any sort of specific personal information, and most of them are erased from the hard drive when the browser session ends (“session cookies”).
Most browsers automatically accept cookies. Irrespective of this, their security settings can usually be configured to accept or decline temporary cookies or cookies stored on the hard drive.
Without your express consent –by enabling cookies on your browser– SPAIN C&T, S.L. (referred to hereinafter as “OPENMAGS”) shall not store any personal data in cookies that you may have provided upon registering or making a purchase.
What sort of cookies does this website use?
– Technical cookies: These are cookies that enable the User to navigate our Website, Platform and Application and use the various options or services offered therein, e.g. monitoring traffic and communicating data, session ID, accessing restricted areas, using security elements during browsing, storing content for video or sound broadcasts or sharing content via social media.
– Analysis cookies: These are cookies handled by us or by third parties which enable us to determine the number of Users in order to measure and conduct statistical analysis regarding how said Users are using the service provided. To this end, your browsing session is analysed on our Website, Platform or Application, with the aim of improving the range of products and services that we offer.
– Log cookies: these are cookies created once a User has registered or subsequently logged in, which enable a User to be identified on websites and when using services, and to keep this identification active so that if the User closes a service, website or the browser or turns off the computer and then reopens the service or website at another time or on another day, he or she will remain identified, facilitating browsing by eliminating the need to log in again.
Third-party cookies: The OPENMAGS Website, Platform and Application may use third-party services which, on behalf of OPEN MAGS, collect information for statistical purposes regarding usage of the Website, Platform and Application, with a view to providing other services relating to the activity of our Website, Platform or Application as well as other web services.
Some services may use third-party connectors, such as Facebook, Twitter or Google. When the User registers using his or her sign-in information for a social media site or third-party ID system, said User authorises this site or system to store a persistent cookie that remembers his or her ID and provides continued access to the website until the session expires. The User can delete these cookies and disable access to the website via social media or third-party ID systems by updating his or her preferences on the relevant social media site.
In particular, this website uses Google Analytics, an analytical web service provided by Google, Inc., domiciled in the United States and headquartered at 1600 Amphitheatre Parkway, Mountain View, California 94043. For the purpose of providing these services, cookies are used which collect information, including the user’s IP address. This information shall be transmitted to, processed and stored by Google under the terms set out on the Google.com website. This includes possible transmission of said information to third parties when required by law or when these third parties process information on behalf of Google.
NOTE: Unless the User decides to register, cookies shall never be linked to any personal information that could identify the User. These cookies shall only be used for statistical purposes, to help optimise the user experience on the site.
You may allow, block or eliminate cookies stored on your device by configuring the settings of the browser installed on your computer or device. Instructions for configuring cookies on the most common browsers are given below:
Chrome: Settings -> Show Advanced Options -> Privacy -> Content Settings. For more information you can consult Google’s support services or your browser’s help menu.
Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information you can consult Mozilla’s support services or your browser’s help menu.
Internet Explorer: Tools -> Internet options -> Privacy -> Settings. For more information you can consult Microsoft’s support services or your browser’s help menu.
Safari: Preferences -> Security. For more information you can consult Apple’s support services or your browser’s help menu.
If you have any questions regarding this Cookies Policy, you can contact OPENMAGS at [email protected].
In accordance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data, we inform you that the personal information that you voluntarily provide us with by means of the various forms for the procurement of services offered on the Platform shall be included and processed in files owned by and under the responsibility of OPENMAGS, with the aim of being able to contact you, manage requests for the provision of services and answer any questions you may put to us.
Consent shall be considered to have been given provided that you do not expressly inform us of the withdrawal of your consent to any of the modes of processing set out above. The User of the Platform shall be solely liable for the veracity and accuracy of the data provided. Only individuals aged 18 years or more may be Users. We shall not intentionally collect personal information from visitors aged below 18 years.
1.- User Consent
OPENMAGS assures the confidentiality of the data provided, and shall take all technical and organisational measures required to ensure its security and prevent its modification, loss, unauthorised access or processing, taking into account the state of the art, the nature of the data stored and the risks that said data is exposed to, in conformity with the provisions of Royal Decree 1720/2007.
OPENMAGS assures that under no circumstances shall the User’s data be passed on to third parties; it shall only be disclosed to third parties where required by law (government and judicial authorities, etc.).
In the event that the service procured includes hosting of the User’s publications, the User expressly authorises OPENMAGS to outsource the hosting service used to manage and supply the service.
At any time, the OPENMAGS User may exercise the right to access, modify, erase or object to his or her data under the terms set out in Organic Law 15/1999, by contacting the file manager at the following addresses:
OPENMAGS PLATFORM, S.L.
Núñez de Balboa 90
28006 Madrid (Spain)
Email: [email protected]
2.- Registration and Personally Identifiable Information
We may collect Personal Information for the purpose of identifying our Users by various means, including but not limited to when Users visit our Website, register on said Website, subscribe to any of the options offered, fill in forms, and in connection with any other activity, service, feature or resource that may be available on our Website, Platform or Application. Users may be requested to provide their names and email addresses where appropriate. We only collect data relating to our Users’ personal identities when it is provided voluntarily by said Users. Users may always decline to provide us with their personally identifiable information, except where this would prevent them from participating in certain activities related to the Website, Platform or Application (in which case they will not be able to access the services).
We collect Personal Information that the User has provided to us voluntarily via our Website, Platform or Application, including:
When the User makes use of the Application, we also collect information on his or her location. The Application enables the User to share his or her content with people in different places and on some social media sites.
After registering, when the User creates his or her profile on the Website, Platform or Application, we may collect other Personal Information, for example on hobbies and interests, as well as additional contact information, which the User may provide us with voluntarily.
When the User communicates with us to send us comments, questions or opinions via the forms on the Website, Platform or Application, we collect his or her name, email address and comment, question or opinion.
3.- Registration and Access via Social Media
Users who enter our platform through the social media site Facebook give Facebook permission to share their data with us. This includes their username, email address, date of birth and location. Their Facebook profile photo may also be used as part of the User’s profile on our Platform. This will also allow Facebook to share networks, user ID information and any other information that the User chooses to share, depending on the preferences and settings of his or her account. If the User eliminates the OPENMAGS Application from his or her Facebook settings, we will not have access to the information.
Users who enter our platform through Google give Google permission to share their data with us. This includes their username, email address, date of birth and location. Their Google profile photo may also be used as part of the User’s profile on our Platform. This will also allow Google to share networks, user ID and any other information that the user chooses to share, depending on the preferences and settings of his or her account. If the User eliminates the OPENMAGS Application from his or her Google settings, we will not have access to the information.
If Users enter our platform by logging in through Twitter, we will receive their avatar (the small photo that appears beside their tweets) and their Twitter username.
4.- Non-Personally Identifiable Information
We may collect non-personally identifiable information on our Users each time they establish contact with our Website, Platform or Application. Non-personally identifiable information may include the name of the browser, type of computer used and technical details of the methods employed by the user to connect to our Website, Platform or Application, as well as the operating system and internet provider(s), or any other similar information.
5.- HTTP Cookies
Our Website, Platform or Application may use “cookies” to improve the User’s experience. The User’s browser will place cookies on the hard drive(s) with the aim of recording, storing and, at times, monitoring information relating to said Website, Platform or Application. The User may configure the browser to reject cookies, or to issue a warning when they are being sent If settings are so configured, please be aware that some parts of the Website may not function properly.
6.- How We Collect Information
OPENMAGS may collect and employ Users’ personal information for the following purposes:
– To improve the service provided to the User. Information provided to us helps us to meet the requests and support needs of our clients more efficiently.
– To customise the User’s experience. We may use all information provided as a whole to understand how our Users as a group use the services and resources that we supply on our Website, Platform and Application.
– To improve our Website, Platform or Application. We may use feedback that has been received to improve our products and services.
– To send regular emails. We may use the email address provided to reply to requests, questions and/or any other issue. We may contact the User to provide information on news, developments, updates, etc. relating to the relevant product or services. If at any time the User wishes to opt out of receiving future emails, we include detailed instructions on how to do so, and the User can also contact us at the address provided by OPENMAGS: [email protected].
1.-For the purpose of compiling statistics and monitoring the number and frequency of visitors to our Platform and Website. We collect information on the most frequently-visited sections as well as types of Users and their countries of origin.
2.- We use other organisations to collect anonymous user information, sometimes through cookies via web beacons (information contained in images that enables analysis of how the website is used and the number of visitors).
3.- We and the advertisers on our Website, Platform and Application may use other tools that enable tracking of how many Users have seen a specific ad (by clicks).
4.- By placing cookies on Users’ computers, we can design and select ads that will interest you and track the number of times you view them, enabling us to measure the potential success of a given advertising campaign.
5.- We may use “flash” cookies to save your media player preferences (for example for volume settings). If we did not use them, Users would not be able to listen to or view content.
7.- How We Protect Information
We perform the collection, storage and processing of data in accordance with appropriate security methods and measures relating to access, modification, disclosure and unauthorised destruction of personal information, usernames, passwords, transaction information and the data stored on our Website, Platform and Application.
The exchange of private and sensitive information between our Website, Platform and Application and Users takes place via a communication channel protected by SSL and protected and encrypted with digital signatures.
8.- Sharing of Personal Information
We do not sell, market or rent personal information to others. We may share general demographic information unrelated to visitors’ or Users’ personally identifiable information with our business partners, trusted affiliates and advertisers, for the purposes described above. We may use third-party services to help us run our business and our Website, Platform and Application, or to perform certain administrative activities on our behalf for limited purposes, provided that the User has consented to this.
9.- Third-Party Websites
Users may find advertising or any other sort of content on our Website, Platform or Application that links to the pages and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not monitor the content or links that appear on these pages and are not liable for the practices used by websites that lead to or are accessed via our Website, Platform or Application. Moreover, these pages or services, including their content and links, may change on a constant basis. Said pages and services may have their own privacy policies and their own customer service policies Searches or interaction conducted on any other website, including those linked to our own Website, Platform or Application, are subject to the terms and conditions of the site in question.
11.- Acceptance of These Terms
Using this Website means that you accept this Policy and the terms of service. If you do not agree to the terms of this Policy, please do not use this Website. Continued use of our Website, Platform or Application following the publication of changes to this Policy shall imply acceptance of these changes.
Any dispute that may arise in regard to this Policy shall be governed and assessed in accordance with Spanish law. The courts of the city of Madrid shall have exclusive jurisdiction over any complaint, dispute or other issue that may arise in the future.
12.- Contact and Exercising the Right to Access, Modify, Erase or Object to Data
OPENMAGS PLATFORM, S.L.
Núñez de Balboa 90
28006 Madrid (Spain)
INTELLECTUAL AND INDUSTRIAL PROPERTY
OPENMAGS is the exclusive owner of and/or holds a licence for all of the intellectual or industrial property elements or materials that it uses for OPENMMAGS Services, including artistic creations, graphics, images, web templates and widgets, literary works, source code, html, applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Services, methods, products, algorithms, data, features and interactive objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, trade names and other elements that identify the owner, regardless of whether they are registered or eligible to be registered.
Payment may be required in order to use certain “OPENMAGS Services”. If you wish to receive or use these paid services you must make advance payment for all of the relevant charges indicated on the OPENMAGS Website and/or on the OPENMAGS Communication Platform.
As part of the User’s subscription or registration to receive Paid Services, the User also authorises OPENMAGS to request and collect payment (and, where appropriate, issue refunds) to and from the user’s bank account and/or the designated card via a payment gateway. The User also authorises OPENMAGS to make any enquiries it deems necessary to validate the user’s banking and/or financial information or methods of payment to ensure payment collection (for example, requesting the updated expiry date or number of a card from its issuer).
The User is sufficiently aware of the functionality and utility of the “OPENMAGS Services”, for which reason we make no assurance that these shall be of a certain completeness, accuracy, quality or reliability, or that they shall be suitable for or compatible with any of the User’s activities or those of end users of the User’s publications, their devices, operating systems, browsers, software or tools. Neither does OPENMAGS guarantee that it will run without any viruses, bugs or other harmful components or program limitations.
OPENMAGS may, without prior notice and at its sole discretion, filter, monitor or edit any of the User’s content to ensure compliance with his or her legal and contractual obligations.
Under no circumstances shall OPENMAGS be considered the “Publisher” of any user content. In no way does it endorse any user content and it shall not accept any liability for any user content loaded, written, published and/or made available by any User via the “OPENMAGS Services”.
The User acknowledges that there are risks involved in using the “OPENMAGS Services”, and that OPENMAGS cannot and shall not guarantee specific results for this usage or interaction. The User thus assumes any such risks, liability or damages of any sort arising in relation to or as a result of such interaction.
The User accepts that certain “OPENMAGS Services” may be offered in trial versions, and thus understands and accepts, as a User, that certain “OPENMAGS Services” may contain software errors, experience interruptions or not function as expected.
OPENMAGS shall not be liable for any interruption to or loss of transmission to or from “OPENMAGS Services” during use or viewing of any published user content, sent by email, transmitted or made available via “OPENMAGS Services”. Neither shall it be liable for events beyond the reasonable control of OPENMAGS, including internet malfunctions, equipment malfunctions, electrical power failures, strikes, labour disputes, revolts, mutinies, civil disturbances, shortages of labour or material, fires, floods, storms, earthquakes, explosions, war, terrorism, government actions and orders by authorities and courts. Neither shall OPENMAGS be liable for loss of use, data, income, goodwill or any other intangible losses resulting from the use or inability to use any of the “OPENMAGS Services”.
The user acknowledges and accepts, expressly and individually, these limitations of liability.
TERMINATION OF THE RELATIONSHIP
OPENMAGS may assign the contractual relationship and rights and/or obligations arising from the relationship with the User of the “OPENMAGS Services” to a third party without obtaining consent from or giving notice to said User. The User shall not assign any of his or her rights or obligations associated with the provision of “OPENMAGS Services” without obtaining prior written consent from OPENMAGS.
APPLICABLE LAW AND JURISDICTION