This policy is applicable to the ITM Platform service that IT Governance and Management, S.L. (hereinafter referred to as “ITM Platform”) provides to Users through the web site: app.itmplatform.com.
In compliance with the duty of information provided for under Section 10 of the Information Society and e-Commerce Services Act 34/2002, of 11 July, we hereby inform you that the URL app.itmplatform.com is a domain which is owned by the company ITM Platform with its registered office situated at Bravo Murillo, 74, 1º Planta. 28003 Madrid, Spain, with C.I.F. (Tax Identification Code) B-85899953 and with email address: firstname.lastname@example.org.
1 General Terms and Conditions of Use
The use of services or the contracting of products on the website app.itmplatform.com implies acceptance of the following general conditions:
1.1 Acceptance of General Terms and Conditions of Use
By means of the acceptance of this agreement, you hereby declare:
- That you are of legal age and have the necessary legal capacity to contract
- That you have read and hereby accept these general terms and conditions.
These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”), govern the legal relationship which results from the contracting processes carried out between the
User-client of the ITM Platform web page located at the URL: http://app.itmplatform.com (hereinafter referred to as the “User”) and ITM Platform, the company ITM Platform and owned of the domain of said web page (hereinafter referred to as “ITM Platform”).
The User hereby accepts the General Terms and Conditions as from the moment in which he/she uses or contracts the service or acquires any product offered on the ITM Platform web page located at the URL: http:// app.itmplatform.com (hereinafter referred to as the “Web ITM Platform”). This document may be printed and stored by the User, and ITM Platform hereby makes available thereto the telephone number: (+34) 91 805 21 88 and the email address: email@example.com, in order that the User may forward any questions whatsoever in respect of these General Terms and Conditions.
1.2 Applicable legislation
These General Terms and Conditions are subject to the provisions of the General Conditions of the Contracts Act 7/1998, of 13 April, the General Consumers and Users Defence Act 26/1984, of 19 July, Royal Decree 1906/1999, of 17 December 1999, which regulates Telephonic or Electronic Contracting subject to general terms and conditions, the Ley Orgánica (Data Protection Act) 15/1999, of 13 December, the Retail Trade Regulation Act 7/1996, of 15 January, and the Information Society and e-Commerce Services Act 34/2002, of 11 July, as well as the provisions of any other applicable regulations.
1.3 Modification of the General Terms and Conditions
ITM Platform may modify the General Terms and Conditions by means of notification thereof to the User subject to a sufficient notice period, to improve the services and products offered through
the Web ITM Platform. By means of the modification of the General Terms and Conditions set out in the Web ITM Platform, said duty of notification shall be deemed to be satisfied. In any event, before using the services or contracting products, you must accept the General Terms and Conditions after first reading the terms thereof.
1.4 Description of the products and services
The products of the Web ITM Platform which are marketed, subject to the prior payment by the User, shall not grant thereto any right of reimbursement of the purchase price after such time as the selected product has been activated. For the use of the services offered on the Web ITM Platform it is necessary that the User is connected to the Internet in order to validate the identification thereof as a “User”, as well as to provide for access to the content of the ITM Platform. The passwords which, for said purposes, are provided to the User shall be personal and non-transferrable. The User hereby undertakes to use the password diligently and to keep it confidential, and the User thereof shall be the only person responsible therefor. The User understands that the use of the service is carried out by means of the identification and authentication thereof with an ITM Platform server. As part of the audit process, the IP address of the User may be recorded in order to avoid fraudulent use.
1.5 ITM Platform License of Use
The purpose of this licence is to establish the authorised terms and conditions of use of the ITM Platform (itmplatform) the exclusive owner of which is IT Governance and Management, S.L., being a company which forms part of ITM Platform (hereinafter referred to as “ITM Platform”), and said licence of use may be electronically acquired by the User through the web page www.itmplatform.com
The installation and/or the use of itmplatform shall imply the acceptance by the User, in its capacity as Licensee (hereinafter referred to as the “Licensee”) of all of the terms and conditions of this licence of use, which shall completely replace any other previous text, advertising or earlier document.
The terms of this licence shall be applicable to the ITM Platform service provided by ITM Platform through the web page app.itmplatform.com.
1.5.1 Granting of the Licence
ITM Platform, in its capacity as Licensor, hereby grants to the Licensee a non-exclusive, personal and non-transferrable licence of use for the ITM Platform, during the period of time determined when activating the licence and subject to the terms and conditions established under this Licence.
Any breach by the Licensee of any of the terms or conditions of use of the licence shall constitute grounds for the immediate termination thereof, and ITM Platform shall be entitled, as from that time, to deactivate the access codes to the ITM Platform.
In respect of the use of the ITM Platform service, the Licensee hereby undertakes not to carry out any conduct whatsoever which could damage the image, or prejudice the interests and rights of ITM Platform or of any third party, or which could damage, disable or overload the Web ITM Platform, or that could prevent, in any manner whatsoever, the normal use thereof.
ITM Platform adopts reasonably adequate security measures in order to detect the existence of viruses. Notwithstanding the foregoing, the Licensee must understand that the security measures of Internet-based computer systems are not completely reliable and that, accordingly, ITM Platform is unable to guarantee the inexistence of viruses or other elements that may cause alterations to the computer systems (software and hardware) of the Licensee or to the electronic documents and files contained therein.
The Licensee registered in the ITM Platform service may participate in communication areas; however, the Licensee must at all times comply with rules of conduct based upon the strict observance of legal principles and respect for other users. The Licensee shall be the only person responsible for the content of his/her messages in the communication areas. ITM Platform shall not be held responsible for the content or for the opinions registered or sent by users in the communication areas. The Licensee assumes responsibility for the information which is provided under its “user name” and shall use the information offered in the communication areas at its own risk and responsibility. ITM Platform hereby reserves the right to delete, at any time whatsoever, the content of the communication areas which is unlawful or which breaches the conditions of use set out herein. In any event, the legal responsibility thereof shall correspond to the person that commits the breach.
The information that the Licensee includes must not be false, inaccurate or misleading; it must not be fraudulent; it must not breach any intellectual property, patent, trademark or trade secret rights, or any other property, advertising or privacy rights of any third parties; it must not be contrary to law, moral principles or accepted habits. Furthermore, it is prohibited to introduce or disseminate in the system any computer viruses or programs which are likely to damage the physical or logical systems of ITM Platform.
1.6 Intellectual and Industrial Property
The totality of the services of the Web ITM Platform, as well as the content thereof (by way of illustration: text, images, trademarks, graphics, animations, videos, conceptual maps, logotypes, buttons, software files, colour combinations, structure, selection, lay-out and the presentation of the content thereof, object and source codes) are protected by the intellectual and/or industrial property rights of ITM Platform. Accordingly, any unauthorised use thereof, by means of the reproduction, distribution, marketing, public communication or interactive and virtual dissemination or transformation thereof, shall represent a breach of said rights.
Specifically, the use of the ITM Platform is hereby authorised subject to the following terms and conditions:
- Reservation of rights.- All of the rights which are not expressly granted to the Licensee by virtue of this Licence are hereby reserved. The Licensee does not receive, by virtue of this Licence, any property rights whatsoever in respect of the programming software of or the content incorporated within the ITM Platform or the web portal: app.itmplatform.com by virtue thereof. Specifically, the User does not receive any intellectual or industrial property rights whatsoever or any rights of any other nature in respect of the content or the software, and must respect and safeguard said property rights.
- Copyright regarding the content.- The materials and resources provided by ITM Platform are protected by intellectual and industrial property rights. Any unauthorised use thereof, by means of the reproduction, distribution, marketing, dissemination or transformation thereof for any purposes other than that of the authorised educational uses shall represent a breach of said rights.
- Property disclaimers.- The Licensee must conserve all of the registered trademark and copyright disclaimers as well as any other property rights disclaimers in respect of the software or of the content incorporated within the ITM Platform or within the web portal: app.itmplatform.com by virtue thereof.
- Modifications and enhancements.- The Licensee may not modify, enhance, adapt or vary the software or create derivative works by means of the software, or combine or separate the software or any of the components thereof without the prior written consent of the owner of the property rights of the software. The owner of the software hereby reserves the right to effect enhancements, substitutions or modifications to any part of the programming software, provided that the functioning and execution of the software do not, as a result thereof, cause any prejudice to the Licensee.
- Prohibition on reverse engineering.- The Licensee may not use reverse engineering or reverse compiling techniques, or translate, decompile, disassemble, modify, create derivative works or attempt to otherwise document or detect the source code, or the ideas, algorithms, structure or organisation, of the software or any of the components thereof, for any purposes, including any activities which serve to discover any aspect of the technology inherent therein, unless permitted by law.
- – This authorisation does not represent any sale of the software or any of the rights in respect thereof, and accordingly the Licensee may not rent, lease, loan, sublicense, distribute or supply the software or any of the components thereof to any third party, or use the software in any manner other than that permitted pursuant to this agreement.
- Applicable laws.- The Licensee must comply with the provisions of all applicable legislation in respect of intellectual and industrial property rights, and in particular with the legislation relating to the use of software and any of the components thereof.
ITM Platform hereby guarantees to the Licensee the functioning of the ITM Platform in accordance with the technical description thereof and with the equipment, operating systems and, as the case may be, with the applications in respect of which the compatibility and interoperability of the licenced program therewith has been expressly acknowledged in the application itself, in its User Manual or in the instructions or communications addressed to the client and issued by itmplatform.
1.8 Use of the service and liability
ITM Platform does not guarantee the permanent availability of the services, and shall be released from any type of liability whatsoever for any possible losses or damages caused by reason of the unavailability of the service for reasons of force majeure or by errors in the telematic data transfer networks, which are outside its control.
ITM Platform shall not be held liable for the content of the links to other web pages which are not owned thereby and that, accordingly, are unable to be controlled thereby.
All of the notifications, formal requests, applications and other communications which are to be effected by the parties in relation to these General Terms and Conditions must be effected in writing and shall be deemed to be duly effected when they have been hand-delivered or otherwise sent by ordinary mail to the domicile or registered office of the other party or to the email address thereof, or alternatively to any other domicile or email address that either of the parties may notify the other party of, for said purposes.
1.10 Nullity and unenforceability of the clauses
If any of the clauses includes in these General Terms and Conditions were declared to be, either totally or partially, null or unenforceable, said nullity or unenforceability shall only affect said clause or the part thereof which has been declared to be null or unenforceable, and the rest of the General Terms and Conditions shall remain in full force and effect, and said provision, or the part thereof, the subject of the declaration of nullity or unenforceability, shall be deemed to not exist.
1.11 Applicable legislation and competent jurisdiction
This licence agreement shall be governed and interpreted in accordance with Spanish law. In the event of any dispute or controversy which may arise between the parties in relation to this licence, and in particular in respect of the interpretation, validity, enforceability, performance, termination or rescission thereof, both parties expressly submit themselves to the jurisdiction of the corresponding Courts and Tribunals in accordance with the provisions of applicable legislation.
1.12 Recurrent renewal for payment customers
All payments will be considered as recurrent payments with the initially contracted periodicity, except if the client requests the cancellation of the recurrence before the finalization of the contracted period. This policy applies for all paying customers, but has no application for users of the 14 days trial version of ITM Platform.
2.1 Legal Basis
In accordance with the General Data Protection Regulation of the 16th of April 2016 IT Governance and Management, S.L is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively “Products”). All personal information provided by Users for the contracting of the ITM Platform service shall be incorporated into manual and/or computerised files owned by IT Governance and Management, S.L., with its registered office situated at Bravo Murillo, 74, 1º floor, 28003 Madrid, Spain.
2.2 Collection of your personal information
Described below are situations in which personal information is collected and the purposes for which it is collected. “Personal Information” is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, information generated from use of our Products, and other information required to provide a Product, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your Personal Information may include:
- Registration to trials of ITM Platform
- Requesting service and support for our Products and providing such support
- Placing transactions or orders
- Registering to attend a seminar or webinar
- Participating in an online survey
- Billing and collecting payments for our Products
- Participating in discussion groups or forums
- Registering for membership programs or newsletter subscriptions
- Registering to download digital content like eBooks or Whitepapers
2.3 Uses of your Personal Information
- To process your orders and deliver services that you have ordered.
- To provide reports based on information collected from use of our Products.
- To keep you up to date on the latest Product announcements, software updates, software upgrades, system enhancements, special offers, and other information.
- To provide support and assistance for our products and services.
- To provide the ability to contact you, and provide you with shipping and billing information.
- To provide customer feedback and support.
- To provide opt-in contests, sweepstakes or other marketing or promotional activities on the itmplatform.com or affiliate websites.
- To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary.
- To support recruitment inquiries.
- To understand more about you, so we can personalize newsletters and websites to your preferences. For example, allow you the opportunity to request specific information on products and services that may be of interest.
- To provide information on your request to another individual such as a friend or co-worker.
- To meet contract obligations.
If you choose to use our referral service to tell a friend about our website, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the website. ITM Platform may stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
2.5 Accessing and updating your Personal Information
Upon request ITM Platform will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by sending an email request to email@example.com. We will respond to your request within a reasonable timeframe.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
2.6 Unsubscribing and Opting Out
Each promotional email from ITM Platform includes instructions on how you can unsubscribe from receiving promotional email.
You may also unsubscribe from ITM Platform promotional emails by sending an email, including your name and email address to firstname.lastname@example.org.
We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
2.7 Passive Collection
As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
In addition, by using some of our Products, network information may be transmitted back to us such as Product usage information. This information is transmitted back to us so we can determine how users are interacting with our Products, to assist us with improving our Products, and to correct any problems that may occur.
2.8 Tracking Technologies
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
2.9 Sharing your personal information
We do not sell or rent your Personal Information to third parties for marketing purposes.
We may also share your Personal Information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested Product or transaction, including processing orders, processing credit card transactions and seminar registration and providing customer support.
We may collect and possibly share Personal Information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ITM Platform’s terms of service, or as otherwise required by law.
We will ask for your consent before we use or share your information for any purpose other than the reason you provided it or as otherwise provided by this policy. In order to let us know your preferences, we will require an action on your part, such as checking the appropriate option, to indicate your consent.
2.10 Security of your Personal Information
ITM Platform is committed to protecting the Personal Information you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Information from unauthorized access, use or disclosure.
We recommend you to take every precaution in protecting your Personal Information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
If you have any questions about the security of your personal information, you can contact us at email@example.com.
2.11 Linked websites and third party services
Our websites and services may provide links to other third-party websites and services which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use.
2.12 Consent to Transfer, Processing and Storage of Personal Information
We may transfer your Personal Information to any ITM Platform affiliate worldwide, or to third parties acting on our behalf for the purposes of processing or storage, and by providing any Personal Information you fully understand and unambiguously consent to such transfer, processing and storage of such information.
As part of our operations, we store information in servers located in the Netherlands and we may transfer this data on other ITM Platform’s servers in Germany and Ireland for security and maintenance. We may allow access to that information from countries in which ITM Platform affiliated entities have operations for the purposes described in this policy.
When we share information of customers in the European Economic Area or Switzerland, we make use of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer.
2.13 Questions or comments?
2.14 Policy updates
ITM Platform may amend this privacy statement from time to time, and at any time. We will post a notice on this website whenever this privacy statement is materially changed. Your continued use of ITM Platform’s website or Products after any change will signify and confirm your assent to those changes.