FIRST.- IDENTIFICATION DATA:

In accordance with the rules of application to electronic commerce and contracts concluded outside the commercial establishment, the USER is informed that the company that owns the domain and the website www.webcane.com is registered company.

Contact email: support@webcane.com. From now on, WEBCANE HOST.

SECOND.- CONDITION OF USER:

The access and use of the Web, attributes of the condition of USER, accepting from this moment the present terms of use.

The Web allows the creation of a client account free of charge, with a username and password, which can be done by clicking on the “Client Access” button, located in the upper right part of the web’s homepage, then clicking on the “Access account “and” Register “button, providing the information requested in the form, the user name being the email address provided by the USER and the password chosen by him, and after reading the terms of use, privacy policy and contracting conditions, by marking the reading and acceptance box of such terms.

THIRD.- USE OF THE WEBSITE:

The USER undertakes, by the mere fact of accessing the Web and its use, to make an appropriate use of the contents and services that WEBCANE HOST offers through, and with an enunciation but not imitative character, not to use them to:

a) incur in activities that are illegal, illegal or contrary to good faith and public order; b) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights;
c) cause damage to the physical (hardware) and logical (software) systems of WEBCANE HOST, its suppliers or third parties, introduce or disseminate in the network computer viruses or any other hardware or software systems that are likely to cause damage previously mentioned;
d) try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.

WEBCANE HOST reserves the right to withdraw all comments and contributions that will violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attempt against youth or childhood, order or public safety or that, in his opinion, will not be suitable for publication.

FOURTH.- PRIVACY POLICY

4.1. Purpose of The Collected data and consent to treatment .-

In compliance with article 5 of the Organic Law on Data Protection (LOPD), the USER is informed of the following aspects:

a) That, through the different web registration forms (contact, client account, testimony, contracting form …), data is collected, which is stored in a file owned by WEBCANE HOST, duly registered in the Spanish Agency for the Protection of Data .

b) The fields of such forms that are marked with an asterisk are of mandatory completion to be able to render the corresponding request in each case.

However, in some forms it is not allowed to advance to the next step until the obligatory data are recorded.
The consequence of not providing such a mandatory date is the inability to meet the USER’s request.

c) the data collected in the forms of the Web, are collected exclusively for the following purposes:

Maintain the commercial relationship, where appropriate, in the contracting of the services offered on the Web, as well as the management, administration, information, provision and improvement thereof.

Issuing communications by email or post to provide information that we understand is interesting for WEBCANE HOST users and customers, including information about new products and services, newsletters or new entries on the WEBCANE HOST blog.

Conducting surveys or market studies related to the activity of the user and / or client.

Only WEBCANE HOST and the treatment managers designated by it, will have access to your data, and under no circumstances, this data will be transferred, shared, transferred, or sold to any third party.

In each of those communications that WEBCANE HOST may send to the USER, information on how to cancel the subscription and stop receiving new communications is included.

If the user is not satisfied with the purposes for which their data is collected, you may exercise the rights of access, rectification, cancellation and / or opposition as provided in section 4.3. of the following terms of use and privacy policy.

It will be considered as the provision of express and unequivocal consent of the USER, of Article 6 of the LOPD, to the treatment of personal data in the manner set out in these terms of use and privacy policy, the marking of the box in which it is stated that the USER has read and accepts the terms of use and the privacy policy and, where appropriate, the contracting conditions.

However, in the case of the subscription form to the WEBCANE HOST newsletter, the provision of the user’s consent will be provided through the double opt-in system, by which the USER will state on the form his name and mail, sending him to the mail provided by the USER, an email in which he can confirm his subscription to the newsletter.

Until the user confirms the subscription, WEBCANE HOST will not have access to the personal data of the USER.

4.2. Compliance with the applicable regulations. 
WEBCANE HOST complies with Organic Law 15/1999 of December 13 on the Protection of Personal Data (LOPD), the Regulation that develops it (Royal Decree 1720/2007 of December 21 – RLOPD) and other regulations in force, concordant and applicable at all times

Likewise, WEBCANE HOST complies with Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce (LSSI), requesting consent to the processing of electronic mail, for commercial purposes, at all times.

4.3. Exercise of Rights of Access, Rectification, Cancellation and Opposition (ARCO rights) .-
Those natural persons who have provided their data to WEBCANE HOST may contact, in order to exercise their rights of access, rectification, cancellation and opposition without charge . of the data incorporated in their files.

The interested party may exercise its rights by means of written communication to WEBCANE HOST with the reference “Data Protection / WEBCANE HOST”, specifying his data, proving his identity and the reasons for his request at the following address:

WEBCANE HOST, INC. 
1049 Wall Street West, Suite 266
Lyndhurst 07071
New Jersey
USA

You can also exercise the ARC rights, through the e-mail: support@webcane.com.

4.4. Security Measures .-
WEBCANE HOST has implemented the security measures of a technical and organizational nature necessary to ensure the security of personal data and avoid alteration, loss and treatment and / or unauthorized access, given the state of the technology, the nature of the stored data and the risks to which they are exposed, if they come from human action or from the physical or natural environment.

All this in accordance with the provisions of Art. 9 of the LOPD and Title VIII (Of the security measures in the processing of personal data) of the RLOPD.

4.5. Links
As an additional service to the USER, the Website may include links (hyperlinks, links …) to other websites that are not operated or controlled by WEBCANE HOST.

Therefore WEBCANE HOST does not guarantee, nor is it responsible for the legality, reliability, usefulness, veracity and timeliness of the contents of such websites or their privacy practices.

For this reason, we ask that, before providing personal information to these websites outside WEBCANE HOST, it is essential to review the privacy policies of such websites.

4.6. Policy of “Cookies”
A cookie is an information file that the WEBCANE HOST website server sends to the device (computer, smartphone, tablet, etc.) of the person accessing the page, to store and retrieve information about the navigation that is made from said equipment.

There are a large number of guides that explain what cookies are, and what they are used for.

Types of cookies:
Own cookies:
These are those that are installed in the USER’s terminal from the WEBCANE HOST website.

Third party cookies:
These are those that are installed in the USER’s terminal from a domain or webpage that is not managed by WEBCANE HOST, but by another entity that deals with the information obtained through cookies.

Session Cookies:
These are a type of cookies designed to collect and store data while the user accesses a web page.
They are usually used to store information that only interests to keep for the provision of the service requested by the user in a single occasion.

Persistent Cookies:
They are a type of cookies in which the data is still stored in the terminal and can be accessed from a few minutes to several years.

Analysis Cookies:
Those that are well treated by WEBCANE HOST or by third parties, allow us to perform statistical analyzes such as the number of users that enter the Web or the use they make of it.

For this we analyze the navigation on the Web in order to improve the provision of the services we offer.

WEBCANE HOST uses different types of cookies:

OWN COOKIES:
Technical Cookies:
These are those that allow the USER to navigate through the website and use the different options or services that exist in it, such as controlling traffic and data communication, identifying the session, access restricted access parts, remember the elements that make up an order, perform the purchase process of an order, make the request for registration or participation in an event, use security elements during navigation, store contents for the dissemination of videos or sound or share content through social networks.

Performance cookies:
These are cookies that collect information about how you use the website (for example, the pages you visit or if there is an error) and that also help Webcane.com to the location and troubleshooting of the website.

All information collected in them is completely anonymous and helps us understand how our site works, making the necessary improvements to facilitate your navigation.

These cookies allow:
That the USER browse the site
That WEBCANE HOST recompile information about how the USER uses the website, to understand the usability of the site, and help us implement the necessary improvements.
These cookies will not collect any information about the USER that may be used for advertising purposes, or information about your preferences (such as your user data) beyond that particular visit.

THIRD PARTY COOKIES:
Analytical Cookies:
Google Analytics:
These are analytical cookies that allow the tracking and analysis of the behavior of USERS of the websites to which they are linked.

The information collected through this type of cookies is used in the measurement of the activity of the websites, application or platform and for the creation of navigation profiles of the USERS of said sites, applications and platforms, in order to introduce improvements in function of the analysis of the usage data that USERS do of the service.

Google Analytics stores cookies on servers located in the United States and agrees to share them with third parties, except in cases where it is necessary for the operation of the system or when the law requires that effect.

According to Google, it does not save the USER’s IP address.

If the USER wants more information about the use that Google gives to the cookies, they can access it through this other link: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=en & csw = 1

Marketing Cookies:
These cookies are managed by third parties, with which the USER uses their tools to restrict the use of these cookies.

Some of the cookies are used to link to other web pages that provide certain services to WEBEMPRESA, such as Facebook, Twitter or Google. Some of these cookies will modify the ads of other websites to adapt them to your preferences.

The web browsers are the tools in charge of storing the cookies and from this place the USER can make their right of elimination or deactivation of them.

Neither this website nor its legal representatives can guarantee the correct or incorrect manipulation of cookies by the aforementioned browsers.

In some cases it is necessary to install cookies so that the browser does not forget the USER’s decision of not accepting them.

The acceptance of this cookies policy implies that the USER has been informed in a clear and complete way about the use of storage and data recovery devices (cookies) as well as that WEBCANE HOST has the consent of the USER to use them as established in article 22.2 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

For any questions or queries about this cookies policy, the USER can contact WEBEMPRESA through the following email address support@webcane.com.

4.7. Minors
The website is not directed to minors.
However WEBCANE HOST declines any responsibility for the breach of this requirement by the USER.

4.8. Modification of the Privacy Policy
WEBCANE HOST reserves the right to modify its Privacy Policy, always in accordance with the applicable regulations, according to its own criteria, or motivated by a legislative, jurisprudence or doctrinal change of the Spanish Agency for the Protection of Data.

Any modification of the Privacy Policy will be published at least ten days before its effective application.
The use of the Web after said changes, will imply the acceptance of the same.

4.9. Person in charge of the file, and in charge of the treatment. 
The person in charge of the data file is WEBCANE HOST INC.

The following are those responsible for treatment outside of WEBCANE HOST who process the data, this benefit being regulated in a contract that specifies that the processor will only process the data according to the instructions of WEBCANE HOST, and that will apply them or use them for a purpose other than that which appears in said contract, nor shall I communicate them, even for their conservation, to other persons:

FIFTH. INTELLECTUAL AND INDUSTRIAL PROPERTY

The texts, images, logos, distinctive signs, sounds, animations, videos, source code and other contents included in the web, are property of WEBCANE HOST, or, the latter have the right to use and exploit them, and in such sense, protected by the legislation of intellectual and industrial property in force.

It is expressly forbidden to make any alteration of this page.

WEBCANE HOST assumes no responsibility that may arise from manipulations or unauthorized alterations, being equally prohibited any total or partial reproduction, transmission, distribution or storage of the contents of this website without express authorization of WEBCANE HOST, announcing from this moment and in case of breach of the foregoing, the exercise of legal actions in defense of our legitimate interests.

WEBCANE HOST does not grant any license or authorization of use of any type on its rights of industrial and intellectual property nor on any other right related to the Web, the services or the contents.

In order to preserve the possible rights of intellectual or industrial property, in the event that any user or third party considers that a violation of their legitimate rights has occurred due to the introduction of certain content on the website, they must notify said circumstance to WEBCANE HOST, by email to support@webcane.com , indicating:

-Data of the interested party holder of the rights allegedly infringed.
If the claim is presented by a third party other than the interested party, it must accredit the representation with which it intervenes.
– Indication of the contents protected by the rights of intellectual or industrial property, and their location on the website.
– Accreditation of the aforementioned intellectual or industrial property rights.
– Express declaration in which the interested party is responsible for the veracity of the information provided in the notification.

The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is the exclusive responsibility of the same.

Access to this website does not grant the USER any right or ownership over the intellectual and industrial property rights of the corporate elements.

SEVENTH. RIGHT OF EXCLUSION:

WEBCANE HOST reserves the right to deny or withdraw access to the portal and / or the services offered without prior notice, on its own or by a third party, for those users who breach these Terms of Use and privacy policy.

EIGHTH. GENERALITIES:

WEBCANE HOST will pursue the breach of these conditions and any misuse of its website by exercising all civil and criminal actions that may correspond by law.

NINETH MODIFICATION OF THE PRESENT CONDITIONS AND DURATION:

WEBCANE HOST may modify at any time the conditions determined herein, being duly published as they appear here.

The validity of the aforementioned conditions will be based on their exposure and will be in force until they are modified by others duly published.

TENTH. LEGISLATION AND JURISDICTION

The present terms of use and privacy policy will be governed by Spanish legislation.

Any litigious issue that concerns the products contracted through the web will be resolved through the courts and tribunals that legally correspond.

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