LEGAL TERMS AND CONDITIONS OF USE

 

Please read the following conditions carefully before using this Web Platform, since the use of this digital publication and its content is subject to such conditions. If you do not agree to these terms and conditions of use, you are not permitted to use the Web Platform and its content.

1. IDENTITY OF THE PARTIES

The present legal terms and conditions of use (‘the General Conditions’) govern the relationship between you as a Platform User (defined in the paragraph ‘USERS OF THE PLATFORM’) and the commercial company Técnicas y Servicios de Ingeniería y Control del Norte S.L. (‘TESICNOR’ or ‘the COMPANY’). TESICNOR has its head office at Polígono Industrial Mocholí, Nave 13 E, Calle Río Elorz · 31110, Noáin (Navarra, Spain), is incorporated under the laws of Spain and registered in the Commercial Register of Navarra, volume 932, folio 190, page NA 18842. Its VAT number is B31763899.

2. PURPOSE AND GENERAL INFORMATIONS

TESICNOR has developed a technological solution called TDOC (‘the Platform’) to manage and facilitate companies’ compliance with their obligations concerning the coordination of business activities in the field of occupational risk prevention. The purpose of these General Conditions is to regulate the access to the Platform by users authorized by the CLIENT or by its CONTRACTOR under the conditions in which the Platform has been hired, according to the features, scope, functionalities and type of service specified in the signed service proposal.

Without prejudice to the fact that these General Conditions may be offered in other languages in the future, they are currently offered in Spanish and English. In the event of any discrepancies in the text arising from translation, the Spanish text shall prevail.

TESICNOR reserves the right to change the content and scope of the services offered through the Platform, as well as the conditions for delivering such services. Any service modifications, extensions or withdrawals will not affect the services contracted by the CLIENT, which will be governed by the conditions set on contract or, where applicable, until the acceptance of a new offer including these changes.

Access to the Platform by users implies full acceptance of these terms and conditions.

3. USERS OF THE PLATFORM

Any person who accesses the Platform and uses it under the conditions in place will be considered a Platform User. Access and use of the Platform is limited to:

  • Users from TESICNOR’s CLIENT: they are members of the CLIENT’s staff and can access TDOC to carry out all formalities required from them as CLIENT’s staff.
  • Users from the CLIENT’S CONTRACTORS: they are members of the CONTRACTOR’s staff and can access the Platform where they have been authorised by the CLIENT and under the conditions specific to their position in the relationship.
  • Users from TESICNOR: they access only where a document management service has been contracted and only to this end.

4. ACCESS CREDENTIALS

Once a user account has been created, a password must be generated that meets the established security requirements. Both the user account and the access credentials are personal and non-transferable, and each user must guard them as diligently as possible.

It is recommended that the password should have at least 8 characters meeting the most complex criteria possible through a random combination of upper- and lower-case letters, numbers and special characters.

Should a user notice any incident regarding the account or password, and in any case following suspicion that it may have become known to any third party, the user should report it to TESICNOR or, if applicable, to the CLIENT or CONTRACTOR for them to contact TESICNOR as soon as possible for immediate cancellation, since TESICNOR is until then no liable for any acts and/or operations that may have been carried out due to improper custody of the password.

5. USE OF THE SERVICE

Users may only and exclusively use the service provided through TDOC in carrying out the actions that have been enabled for them. And, in any event, only the information that is strictly necessary for the purpose of the service will be uploaded to the Platform, avoiding repeated or unrelated information that might affect the capacity of the service. Users may not use the service to carry out any type of activity unlawful or contrary to the legal system, especially those that are (i) a breach of intellectual property regulations; (ii) an infringement of data protection legislation, or the right to honour and privacy. They also may not use the website in a way that could alter its normal functioning and the purpose for which it has been designed and made available to users.

The use of the service is subject to the Service Offer agreed, and any use outside this offer is conditional on a change in the Service Offer or on the payment of the amount agreed between the parties according to the prices set by TESICNOR for the functionalities that are to be enabled.

The user is solely and exclusively responsible for the activity carried out from his or her user account on the Platform.

6. SECURITY MEASURES APPLIED BY TESICNOR

To this end, the following measures have been established as the case may be:

6.1. INTEGRITY OF THE INFORMATION

To guarantee the integrity of the information, TESICNOR has the following control mechanisms:

– IDENTIFICATION:  It is the process of identifying the individual users of the Platform or services; these users can be both people and other services, processes and computers. The following mechanisms are applied in TESICNOR:

  • Access through secure logins and session maintenance, using a validation method consisting of a username and a password.
  • Session expiration, which results in the inability to access the Platform on the user’s workstation after a certain period of inactivity.

– AUTHORISATION: It involves determining what information can be accessed and what tasks can be undertaken by an authenticated user (person, service, process and/or a different computer).
Authorization in TESICNOR is ensured by the use and setting of different profiles that are assigned to users, which determine at all times what information a client has access to and what tasks can be performed on it.

– ACCESS CONTROL: It is the possibility of being able to track the accesses made to the information and the operations carried out on it by each user, as well as the circumstances in which they were done. TESICNOR has a monitoring mechanism based on a record of access to and operations on the information.

6.2. CONFIDENTIALITY

To guarantee the confidentiality of the documents managed at TESICNOR by users, different levels of visibility have been established based on the type of information being processed. The profiles with greater visibility must be previously and expressly authorised by the user company so that only the authorised profiles can access and manage the information generated by third parties in their organisation. This fact should also be considered when uploading and generating information on the website, as it implies that the information can be accessed by third parties other than the subject who first generated it.

Regarding the Coordination information in the Coordination process, and as a first step to access a work centre, the subcontractor must be previously invited to join that work centre by the Owner/Main company to which the work centre belongs or by any subcontractor joining that work centre.

Website users expressly undertake to keep the information to which they have access as a result of using the website absolutely confidential, and to use it only for the purpose for which it was generated and collected, i.e. to manage obligations in the field of occupational risk prevention.

The Platform uses the Standard SSL certificate protocol for all communications This is a security protocol developed to ensure that data transmission between a server and a user, or vice versa, online is completely secure.

6.3. AVAILABILITY

Information security includes the possibility of having it available when needed. That is why systems must be protected to ensure their functioning so that the Platform can be accessed at any time. The measures and mechanisms applied in TESICNOR are:
– Backups of both database and programmes:

  • Daily ‘normal’ backup on the database.
  • Daily ‘incremental’ backup on documents.

6.4. CAPACITY MANAGEMENT

This is guaranteed by defining a plan that ensures sufficient service capacity to meet the agreed Platform demand, including an adequate analysis of hardware, operating systems and connectivity and bandwidth requirements.

The Platform has the mechanisms and resources in capacity management required to meet the agreed demand levels.

7. SERVICE AVAILABILITY

TESICNOR will not be liable for breaching its obligations under these General Conditions where this is caused by interruptions in the telecommunications services or electrical supply not related to the owner; failures in the hardware on which the page runs; or causes of force majeure, such as flood, earthquake and other natural disasters, wars, rebellions, sabotage, threats, blackmail or extortion, blockades, embargoes, strikes and lockouts due to social conflict, and also actions and omissions by Governments, and any other events that may be categorised as force majeure as defined in Article 1.105 of the Spanish Civil Code.

At certain times TESICNOR may interrupt Services to perform maintenance or improvement operations. Under any circumstances will such interruptions result in liability of any kind for TESICNOR.

Under no circumstances will TESICNOR be liable for any damages that Service interruptions may have caused to the user as described in the previous paragraphs, and the fact that the user cannot temporarily access the Service does not confer the right to claim against TESICNOR.

8. MODIFICATION OF THE CONDITIONS

TESICNOR reserves the right to modify these General Conditions without prior notice to the user.

Anyway, in the event of any modification, TESICNOR will notify the CLIENT and the user of the new version of the General Conditions via electronic mail, by means of a notice on the service website, a notice when logging in to the website or any other means that may be equivalent or that serves the same purpose. In any case, it will be necessary for the user to accept the new General Conditions. Regardless, logging in to the Platform after the notice of change in conditions will invariably imply acceptance of the new version of the General Conditions.

9. TRAINING

Where specified in the Service Offer, TESICNOR will provide training on the use of TDOC according to the conditions set out in the offer. Any requested training service that is not specified in the Proposal will entail an extra charge.

10. PRIVACY AND PROTECTION OF PERSONAL DATA

Puede acceder a nuestra política de privacidad y de protección de datos personales en el siguiente enlace:

Privacy Policy

11. COOKIES

You can access our Cookies policy at:

Cookies policy

12. DATA PROCESSING UNDER CONTRACT

You are informed that the data processing carried out as a result of this service is authorised by the signing of a mandatory data processing agreement.

13. OTHER

13.1. TESICNOR will make available to users the latest version of these General Conditions by means of a permanent link in their Platform account.

13.2. The headings of the clauses in these General Conditions and, where appropriate, of any paragraphs that may be included in that clauses, are meant only for ordering purposes and therefore do not determine, clarify, interpret or limit the scope of the provisions laid down in each of these clauses and paragraphs.

13.3. The partial and/or total nullity of any of these clauses, agreements and/or provisions shall not affect the validity of the remaining conditions. Notwithstanding the above, should any clause, agreement and/or provision incur in any cause of nullity, the parties undertake to modify that clause, agreement and/or provision, adapting it to the laws so that the aims and objectives provided for in the clause, agreement and/or provision in question are fulfilled; and to sign the corresponding modification, if necessary, which will replace the present wording.

13.4. The parties may not assign to third parties, either in whole or in part, the contractual position they hold, nor the rights or obligations provided for in the contract between the parties, unless such assignment is authorised in advance, expressly and in writing by the other party.

13.5. The failure of any of the parties to exercise any right they are entitled to under a contract or under the legal system shall on no account be interpreted as a waiver of such right, which may be exercised by the party at its own convenience.

14. APPLICABLE LAW AND JURISDICTION

The provisions in the main contract will be followed.

NOTIFICATIONS

For any suggestions or questions regarding these General Conditions, you can send an e-mail to tesicnor@tesicnor.com