The terms we apply when you contract our platform.
The following general terms and conditions (hereinafter "contract" or "conditions") of ALUMNE ELEARNING S.L. (hereinafter, “ALUMNE” or “The Owner”), apply to your order in the current version at the time of placing the order.
The terms and conditions apply exclusively to contracts made through the Internet portal and will comply with current legislation, in particular, Law 7/1998, of April 13, on general contracting conditions, Law 34/2002, of July 11, on services of the information society and electronic commerce, and other complementary laws.
In the event that a contract/agreement has been concluded between ALUMNE for the same services as the order placed, the contents of said contract/agreement shall prevail over the stipulations of these general contracting conditions.
The entity you are contracting with is ALUMNE ELEARNING, S.L. with registered office at Calle Rosa de Lima 1, Edificio ALBA SS Oficina 3, 28290, Las Rozas de Madrid, Madrid, SPAIN, and CIF B87181186, registered in the Madrid Mercantile Registry, Volume: 33029, Folio: 100, Section: 8, Page: M-5945. ALUMNE offers its LMS (learning management system) service (hereinafter, the “Service”) through its website https://alumnelms.com/ (hereinafter, the “Website”), as well as through its iOS and Android apps that it owns (hereinafter, the “Apps”) for employer organizations (hereinafter, “CLIENT”).
The address for complaints will correspond to the registered office of the company.
These general contracting conditions (hereinafter, the “Conditions”) govern the contracting of the services offered by ALUMNE, all through its Website, as well as the rights and obligations of the parties arising from the service provision operations agreed upon between them.
ALUMNE has developed and is the legitimate owner of its LMS software, which is offered as a service accessible from the Internet or "Software as a Service (SaaS)" for employer entities (hereinafter, "CLIENT").
By accepting these terms and conditions, ALUMNE grants you a license to access and use ALUMNE LMS and to provide other complementary services, in accordance with the terms and conditions.
In addition to any other term defined in these conditions, the following terms will have the following meanings:
"Databases": integrated set of data owned by the CLIENT included within the SAAS during the duration of the Contract. In the case of processing personal data included as part of the Database, the Data Processing Agreement included will apply.
"Authorized User(s)": users who maintain a contractual relationship with the CLIENT and use the SAAS to manage their training and professional development. "Documentation": documentation regarding the Services prepared by ALUMNE and provided to the Client, which may include instruction manuals, technical documentation, etc. in electronic format.
"Active Users": are the number of users who are NOT blocked and therefore can log into the platform. Each service plan includes a certain number of active users. If it is necessary to increase this number, the client must change the plan. Inactive or blocked users will not count up to a maximum ratio of 4 blocked users for each contracted active user. After that moment, they will count until the proportion is balanced.
"AI Credits": the amount available to use the Artificial Intelligence (AI) functions offered by the platform. If the user consumes them, they must purchase more credits. AI credits will have a maximum useful life of 24 months from the time of their acquisition.
These general conditions regulate the license of use that ALUMNE grants to the CLIENT in relation to the SAAS, which is non-sublicensable, non-exclusive, worldwide, and limited to the validity of the conditions, which will in any case be conditioned to the full payment of the price.
These conditions also regulate the provision of complementary services consisting of technical support under the indicated terms (hereinafter, the use of ALUMNE LMS and the set of complementary services will be jointly referred to as “Services”).
ALUMNE reserves the right to modify any term of these conditions, which will be notified to the Client through the SAAS for their acceptance. Without prejudice to the update that will be made of the conditions on the ALUMNE website.
ECONOMIC CONDITIONS, PLANS AND CONTRACT RENEWAL
Subscription Fee. The price of the Services is set at the payment of a subscription fee (the “Fee”) that can be annual or monthly depending on the plan selected by the CLIENT, this fee is published both on the web and within the SAAS itself. ALUMNE may update the fees at the time it deems appropriate, not being able to apply to the periods already contracted by the CLIENT, but to renewals. The CLIENT may request to cancel the service if they do not agree with the new fees without any penalty.
Annual Plan Service Conditions
The CLIENT may select the annual plan with the different services that each rate includes.
Selection of the Annual Fee. With the initial selection or plan change, the computation of the calendar year of the service will begin, with the conditions and terms published at the time of selection, including the price, which will remain unchanged during the validity period.
In the event that the CLIENT wishes, during the term of the contract, any modification to the contracted plan, the terms and conditions published by ALUMNE at the time of making the modification will apply.
CONTRACT RENEWAL. On the expiration date of the annual plan, that is, one calendar year after selecting the plan, the contract will be automatically renewed for annual periods, applying the terms and conditions that are in force at the time of renewal on the ALUMNE website, unless the CLIENT expressly communicates their intention not to renew the CONTRACTED PLAN at least thirty (30) days prior to the end date of the initial period or any of its extensions.
You may exercise your right not to renew from the ALUMNE panel in the “My Alumne LMS account” section, accessing the payment provider, Stripe, and indicating in your account that you wish to unsubscribe to avoid further charges. Alternatively, you can send an email to info@alumn-e.com indicating your desire to unsubscribe. You must receive confirmation from ALUMNE to confirm that the cancellation has been processed correctly.
Changes to a lower version may result in the loss of content, features, and functionalities of the CLIENT's account. ALUMNE accepts no responsibility for such loss.
Service Cancellation. The CLIENT may terminate the contract during the validity of the agreed conditions, but this termination will not entitle any refund of amounts already paid to ALUMNE. The CLIENT may exercise their right not to renew from the ALUMNE panel in the “My Alumne LMS account” section.
Monthly Plan Service Conditions
The CLIENT may select the monthly plan with the different services that each rate includes.
Selection of the Monthly Fee. With the initial selection or change to the monthly plan, the monthly fee for the selected plan will be charged immediately.
Monthly Fee Update. ALUMNE may modify the fee and/or the conditions of the monthly plans freely, notifying the modifications to be made with a notice of 60 calendar days prior to their effective application, granting the client the right to cancel the service if they do not accept the new conditions, provided that it is communicated at least 30 days from said notification.
In the absence of the aforementioned cancellation communication, ALUMNE will proceed to apply the new conditions, including the new rates, 60 days from the notification, in case the last day of this period does not coincide with the first calendar day of the month, for the purpose of computing entire months, this period will be extended until the first calendar day of the next month.
Changes to a lower version may result in the loss of content, features, and functionalities of the CLIENT's account. ALUMNE accepts no responsibility for such loss.
Service Cancellation. THE CLIENT will have the right to terminate the contract, but the termination will not entitle any refund of amounts already paid to ALUMNE. The termination of the contract must be notified at least thirty (30) days before the end date of the initial period or any of its extensions.
The CLIENT may exercise their right not to renew from the ALUMNE panel in the “My Alumne LMS account” section.
Usage Rights. ALUMNE grants the Client and Authorized Users the personal, non-exclusive, non-transferable, and non-sublicensable right to use the SAAS and other Services, worldwide, during the duration of these conditions and their renewals exclusively for their professional activity, in consideration of the price.
Usage Restrictions. The Client may not: (a) reverse engineer, decompile, disassemble or attempt to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of the Services, as well as translate, modify or create derivative works of the SAAS, the Services or any part of them, except to the extent permitted by applicable law; (b) copy/reproduce, lend, sell, rent, sublicense, issue, distribute, edit, transfer to third parties or facilitate access to the SAAS, as well as adapt the Services or any part of them in any way; (c) use the Services for the benefit of any third party; (d) use the Service for any commercial purpose or in a product or service provided by the Client to third parties; (e) circumvent, modify, delete, erase, alter, or otherwise manipulate any security, encryption or other technology program that is part of the Services; (f) access or use the SAAS or Services for the purpose of performing competitive analysis or creating a similar or competitive product or service; (g) use the SAAS for any illegal purpose or unauthorized by ALUMNE, including unsolicited advertising and spam; (h) create, collect, transmit, store, use or process any data through the SAAS that violates any applicable law, or infringes the intellectual property rights or other rights of any third party; (i) introduce or disseminate content or software (virus and malware) that may damage the computer systems of ALUMNE, its technology service providers, or third-party users; or (j) encourage, allow, or assist any third party to do any of the above.
Updates and New Versions. Updates, successive versions of the SAAS provided to the Client during the validity of the Conditions will be subject to the same terms.
Technical Support Services. ALUMNE will provide the Client with support via email during ALUMNE's business hours to help the Client resolve questions, locate, and correct issues related to the SAAS through the email operaciones@alumn-e.com. During the provision of the service, the Client authorizes ALUMNE, through its staff, and upon prior request from the Client, to access the Authorized Users' accounts to carry out appropriate actions to resolve questions or incidents arising with the SAAS. Technical consultations via telephone or video conference may incur costs for the CLIENT. ALUMNE will inform the CLIENT in advance when these consultations may incur a cost, and the CLIENT must accept the conditions before receiving the service. The hourly cost for telephone assistance is €60 + VAT.
Availability. ALUMNE will use commercially reasonable efforts to ensure that the SAAS has 99% availability and will use commercially reasonable efforts to notify the Client at least 48 hours in advance of scheduled maintenance within the usual business hours.
Account Access. The Client and Authorized Users must maintain the security of the access keys to the Authorized User accounts in the SAAS (“Account”). ALUMNE will not be responsible in any case for any loss of information or damage caused by the failure to comply with this security obligation.
Account Management. The Client agrees to block or deactivate the account of an Authorized User immediately in the event that: (i) the employment relationship between the Client and the Authorized User is suspended or terminated; or (ii) it is considered that a User has misused their access keys to the SAAS. If ALUMNE becomes aware that an Authorized User is in one of the aforementioned situations, ALUMNE may suspend access to the offending Account temporarily or indefinitely, and ALUMNE must, in such a case, notify the CLIENT of the detected infringement and the measure taken regarding said Account.
Intellectual and Industrial Property in relation to the Services. ALUMNE will retain its position as the owner of all intellectual and industrial property rights related to all components of the Services, including the SAAS, and any other development, improvement, update, or derivative work of this Agreement. The intellectual and industrial property rights will cover all data, source and object code, scripts, designs, concepts, applications, texts, images, any related documentation, copies, modifications, and documents or documentation derived from the above (in whole or in part) and all related copyrights, patents, trademarks, trade secrets, and other proprietary rights, are and will remain the exclusive property of ALUMNE and/or its licensors.
Intellectual and Industrial Property of the Client. All rights, titles, and interests in relation to the Database, trademarks, trade names, and logos of the Client, as well as those that may exist in their own computer system, will remain the property of the Client.
The Client expressly authorizes ALUMNE to use their trademark and trade name to include it on ALUMNE-owned websites for purely advertising purposes.
Definition of Confidential Information. “Confidential Information” means any material or information disclosed orally or in writing labeled or qualified as confidential or that, by its nature, is reasonably understood as confidential that has been delivered or provided by any of the Parties to the other due to these conditions, including information related to the computer systems and the architecture of the systems of the existing or planned systems of the Parties, including hardware, software, the SAAS itself, Documentation, Database, processing methods, and operating methods.
Exceptions. Confidential Information will not include information that (i) was in the public domain at the time it was disclosed to the Receiving Party; (ii) entered the public domain through use, publication, or similar, after disclosure to the Receiving Party, without any fault or act by the Receiving Party; (iii) was in the lawful possession of the Receiving Party, free of any obligation of confidentiality at the time it was disclosed to the Receiving Party; (iv) is legitimately communicated to the Receiving Party by a third party with the right to disclose such Confidential Information after the time it was disclosed to the Receiving Party.
Duty of Confidentiality. The Parties agree not to use, disclose, copy, publish, exploit, disseminate or distribute the Confidential Information of the other Party, nor allow the Confidential Information received to be exploited or distributed by third parties, without prior written consent from the disclosing Party, with the sole exception of the employees or subcontractors of the Receiving Party who need to access the Confidential Information to fulfill the purposes of these Conditions.
Confidentiality Obligation. The obligation of confidentiality will subsist for the term of these Conditions and will continue for three (3) years after the end of their term. The termination of these Conditions will not release the Receiving Party from its duty of confidentiality with respect to the Confidential Information of the disclosing Party. The Receiving Party must take the necessary measures to ensure compliance with the confidentiality obligations set forth in these Conditions.
Destruction of Confidential Information. Upon termination of the contractual relationship, the Receiving Party must return all Confidential Information and the Documentation in its possession and, to the extent technically possible, destroy all other copies that exist in electronic or any other form, including any documents, compilations, notes, or materials prepared by the Receiving Party or its advisors that include Confidential Information. Notwithstanding the foregoing, the Receiving Party may retain copies of the Confidential Information stored in automatic backup systems, which must remain confidential under these Conditions for a period of five (5) years.
Contracting Parties' Data. The Parties mutually inform each other that the personal data of the signatories, as well as the data of the people working for the respective Parties and the contact details indicated for notification purposes, will be processed by the other Party solely for the purpose of managing and executing the contractual relationship. The data will be kept as long as the relationship remains in effect, and once it ends, the data will be retained only for the time necessary to meet the fulfillment of fiscal, legal, and administrative obligations to which the Parties are bound.
The basis that legitimizes this processing is the need to execute the present contract. The data will not be communicated or transferred to third parties except for those essential for the execution of the contract itself (necessary service providers) and for the fulfillment of legal obligations (Public Administrations, Auditors, financial entities, Insurance Companies when applicable, among others).
Duty of Confidentiality. The Parties commit not to use, disclose, copy, publish, utilize, exploit, disseminate, or distribute the Confidential Information of the other Party, nor allow the Confidential Information received to be exploited or distributed by third parties, without the prior written consent of the disclosing Party, except to the extent necessary to fulfill their obligations or exercise their rights under the contract. The Parties commit to treating the Confidential Information with the same degree of care they use to protect their own Confidential Information, and in no case with less than reasonable care. The obligation of confidentiality will remain in force indefinitely and extends equally to the employees and representatives of the Parties, as well as to the external advisors that any of the Parties may have contracted in connection with this contract.
In the case of necessary service providers, it is possible that they are located outside the EU and that an international data transfer occurs. In such a case, the Parties commit to ensuring that their international providers have adequate guarantees in accordance with applicable regulations.
The Parties may request the exercise of their rights of access, rectification, deletion, opposition, limitation, and portability at the address designated in this contract or at the email address info@alumn-e.com, clearly indicating the right they wish to exercise. Likewise, the Parties are mutually informed that they have the right to file a complaint with the Spanish Data Protection Agency (www.aepd.es). However, the Parties will use their best means and will try to resolve any issues related to personal data amicably.
Database included by the CLIENT. The processing of personal data contained in the Database that will be carried out by ALUMNE as a result of the provision of the Services will be regulated by the Data Processing Agreement included in these conditions.
Title Warranty. ALUMNE guarantees to the CLIENT that it is the owner or legitimate holder of all the intellectual property rights necessary to provide the Services and the SAAS.
The CLIENT agrees that it is solely responsible for the results obtained from the use of the Services and their functionalities. Claims for alleged specifications that, in the CLIENT's opinion, the SAAS or the Services should meet will not be accepted.
Limitation of Liability. The Client agrees to indemnify and hold ALUMNE harmless from any claim, action, or demand, whether direct, indirect, incidental, or consequential from third parties, as well as any expense, liability, damage, settlement, or fee arising from the misuse of the SAAS or Services by the Client, or the violation of any terms of this contract. ALUMNE will also not assume any responsibility for any claims, losses, or damages arising from the use by the Client or any User of any third-party products, services, software, or websites accessed through links from the SAAS or ALUMNE's website. ALUMNE is not responsible for claims related to the industrial and/or intellectual property of the materials and content uploaded by the CLIENT to the platform, with the CLIENT being solely responsible.
Indirect Damages. ALUMNE will not be liable (unless otherwise provided by law) to the Client for any damage, compensation, or indemnification based on indirect damages (including, but not limited to, consequential damage, loss of use, loss or inaccuracy of data, loss of profit, failure of security mechanisms, business interruption, delay costs) or any special, incidental, or consequential damages of any kind, even if notified of the possibility of such damages in advance.
Maximum Liability: The maximum liability of ALUMNE for any claim arising from this contract, whether for breach of contract, breach of warranty, negligence, or otherwise, and the CLIENT's sole remedy, is limited to direct damages in an amount not exceeding the proportional part of the sum of the Annual or Monthly Fees paid or payable by the CLIENT to ALUMNE under this contract in the twenty-four (24) months preceding the claim.
Nothing in this contract shall limit or exclude the liability of a Party that cannot be excluded or limited under applicable law.
Force Majeure. Neither party shall be liable to the other for failure to fulfill obligations under these conditions to the extent that such failure or delay is the result of a cause or circumstance beyond the reasonable control of the affected Party and could not have been avoided or overcome by acting reasonably and prudently (such as, but not limited to, fires, floods, strikes, labor disputes or other industrial disturbances, war - declared or undeclared -, embargoes, blockades, legal restrictions, riots, insurrections, government regulations).
Regulatory Compliance. The CLIENT shall be solely responsible for full compliance with all applicable laws to its business in its jurisdiction. The mere hiring of the Services does not equate to or guarantee compliance with applicable labor management regulations. ALUMNE LMS is a tool subject to the use of the CLIENT, who is responsible for complying with its obligations.
ALUMNE reserves the right to terminate the Contract automatically, without prior notice or compensation, if the Client or an Authorized User in any way compromises the integrity of the SAAS, ALUMNE's intellectual and industrial property rights over the Services, or the reputation of ALUMNE's brands or products, or performs any of the actions stipulated in the Clause.
Effects of Termination. Upon the expiration of the contract or its termination for any reason: (i) No amounts paid to ALUMNE under this contract will be refunded to the CLIENT, and ALUMNE will invoice all fees due for the remaining time of the current year; (ii) at the CLIENT's request, ALUMNE commits to providing the CLIENT with a copy of the Database in a standard technical format. Such a request must be made within one (1) month from the termination of the contract; (iii) all provisions herein will cease to have effect, except for the provisions of this contract that by their nature should remain in force, even if the contract is terminated, including provisions on confidentiality, intellectual property, and data protection.
Headings. The headings of the clauses are established solely for illustrative purposes and shall have no legal effect.
Notices. The Parties designate the electronic addresses specified; in the case of ALUMNE, the designated electronic address is info@alumn-e.com
Assignment. The CLIENT may not assign or transfer this contract without the prior written consent of ALUMNE. However, the contract may be assigned or transferred by ALUMNE without the need for the CLIENT's consent, with prior written notification of the assignment to the CLIENT for the assignment to be effective. Once the assignment is formalized, any reference to the assigning Party contained in this contract shall be understood as a reference to the assignee entity or entities.
Waiver. No delay in the exercise of a right shall be considered a waiver thereof, nor shall the waiver of a right or remedy in a specific case constitute a waiver of such right or remedy in general.
Partial Invalidity. If any of the provisions of this contract is determined to be unenforceable or invalid, the remaining provisions of this contract will not be affected and will remain in full force and effect.
Independence. This contract is of a commercial nature, and under no circumstances does it create any employment relationship between the Parties, who shall be independent in all respects.
Applicable Law. The terms of this contract shall be governed and interpreted in all respects in accordance with Spanish law.
Applicable Jurisdiction. The Parties jointly declare that, to the extent reasonable, any dispute arising in connection with this contract or derived from it shall be resolved through mutual negotiations and consultations. If no satisfactory solution is reached, such dispute will be submitted to the courts of the city of Madrid.
This Data Processing Agreement forms part of the general terms and conditions, hereinafter referred to as the "Contract," entered into by Alumne Elearning S.L and the Client, and sets forth the terms and conditions applicable to the services provided by Alumne Elearning S.L (the "Services"). This DPA and the remaining clauses of the Contract are included as a supplementary reference. However, in the event of a conflict, the Data Processing Agreement will prevail.
THE PARTIES DECLARE
That the Parties have entered into a software license agreement for the use of the Alumne LMS SaaS software and services (hereinafter referred to as the "Contract"), under which the Data Processor will provide certain services (hereinafter referred to as the "Services") that will involve access to personal data for which the Data Controller is responsible.
That Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons concerning the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the "GDPR"), mandates the regulation of data protection obligations assumed by the Parties under the Contract.
That, according to the above, the Parties agree to execute and sign this Data Processing Agreement, which shall be governed by Article 28 of the GDPR, and by the following:
CLAUSES
1. Purpose.
To fulfill the obligations arising from the Contract and effectively provide the Services, the Data Processor may have access to personal data for which the Data Controller is responsible.
2. Identification of the information involved
To fulfill the obligations arising from the purpose of this Data Processing Agreement, the Data Controller provides the Data Processor with the following information:
Personal data:
Name and surname
Email address
ID number
Profile picture
IP address
The Controller guarantees that it has fulfilled the obligation to provide all relevant information to the data subjects at the time of data collection, in compliance with Articles 12, 13, and 14 of the GDPR, as applicable.
The Data Controller guarantees that it has a legitimate basis for the processing of personal data that aligns with the principles of efficiency, necessity, and proportionality, taking into account the existence of other less intrusive protective measures, avoiding discriminatory effects, and establishing appropriate safeguards.
The Data Processor shall not, under any circumstances, be responsible for any failure to comply or defective compliance with the duty of information or the application of an appropriate legal basis.
3. Obligations of the Data Processor.
The Data Processor declares and guarantees to the Data Controller the following:
That it will use the personal data subject to processing, or any data it collects for inclusion, solely for the purpose of this engagement. Under no circumstances may the data be used for its own purposes;
That it will process and use the personal data to which it has access only in accordance with the Data Controller's instructions and the purposes regulated by the Contract.
That, if applicable, it will maintain, in writing, a record of all categories of processing activities carried out on behalf of the Controller, containing all the information provided for in Article 30 GDPR.
That it will maintain confidentiality and secrecy over the personal data to which it has access in connection with the provision of the Services.
That it will not disclose the data to third parties unless it has the express authorization of the Data Controller, and in legally permissible cases.
That it will provide the Data Controller with the necessary information to demonstrate compliance with the obligations established in the Contract.
That it will provide the assistance required by the Controller for audits or inspections, conducted by the Data Controller or another auditor authorized by the Controller. Audits may be carried out periodically, on a planned or "ad hoc" basis, with prior notice to the Processor within a reasonable notice period, during the Processor's regular business hours.
That it will ensure that individuals authorized to process personal data have expressly and in writing committed to comply with the established security measures and respect the confidentiality of the data. Compliance with this obligation must be documented by the Processor and made available to the Data Controller.
That it has designated a data protection officer whose contact details are as follows: info@alumn-e.com
That it will collaborate with the Controller's compliance obligations and provide support when necessary and requested by the Controller, in conducting (i) impact assessments related to personal data it has access to; (ii) prior consultations with the supervisory authority.
That it will ensure that individuals authorized to process personal data have expressly and in writing committed to comply with the established security measures and respect the confidentiality of the data. Compliance with this obligation must be documented by the Processor and made available to the Data Controller.
4. Data Disposal.
Upon completion of the Services, the Data Processor will return the personal data it has accessed and any existing copies, as instructed by the Data Controller in accordance with Section 13.2 of the Agreement.
The Data Processor may retain a copy of the data, duly blocked, as long as liabilities arising from the provision of the Services may arise.
5. Notification of Data Breaches.
The Data Processor will notify the Controller without undue delay, and in any case within a maximum period of 24 hours, of any incident, suspected or confirmed, related to data protection, within its area of responsibility. Among others, it shall inform the Controller of any processing that may be considered unlawful or unauthorized, any loss, destruction, or damage to the data, and any incident considered a data breach. The notification shall be accompanied by all relevant information for documenting and reporting the incident to relevant authorities or affected data subjects.
The Data Processor will also assist the Controller concerning the notification obligations under the GDPR (in particular, Articles 33 and 34 of the GDPR) and any other applicable regulations, present or future, that modify or supplement those obligations.
6. Exercise of Data Subjects' Rights.
The Data Processor will provide the information and/or documentation requested by the Controller to respond to requests for the exercise of rights that the Controller may receive from the data subjects whose data are processed. The Data Processor must provide this information within reasonable timeframes and, in any case, sufficiently in advance for the Controller to comply with the legally applicable deadlines for responding to these rights.
When the affected individuals exercise their rights of access, rectification, erasure, opposition, restriction of processing, data portability, and not to be subject to automated individual decision-making, before the Data Processor, it will notify the Controller by email at info@alumn-e.com. The communication must be made immediately to address the request within the legally established deadlines and, in any case, no later than two business days after receiving the request, providing the Controller with all relevant information for its resolution.
7. Security.
Concerning technical and organizational security measures, the Data Processor must implement mechanisms to:
Ensure the confidentiality, integrity, availability, and resilience of processing systems and services at all times.
Restore the availability and access to personal data promptly in the event of a physical or technical incident.
Regularly verify, evaluate, and assess the effectiveness of the technical and organizational measures implemented to ensure processing security.
Pseudonymize and encrypt personal data, where appropriate.
8. Subcontracting
The Data Controller grants general authorization for the Data Processor to subcontract part of the Services to third-party entities or subcontractors (the "Sub-Processor"). The Data Processor will inform the Data Controller of the processing that it intends to subcontract, clearly and unequivocally identifying the subcontracting company and its contact details. Subcontracting may proceed if the Controller does not object within 15 days.
The Data Processor will apply due diligence to select only those sub-processors that offer sufficient guarantees for implementing appropriate technical and organizational measures, ensuring that the subcontracted processing complies with the GDPR requirements and guarantees the protection of the data subjects' rights.
The Sub-Processor, who will also have the status of a data processor, will be equally obligated to comply with the obligations imposed on the Data Processor and the instructions issued by the Controller, as dictated in this Data Processing Agreement. It is the responsibility of the Data Processor to regulate the new relationship in a contract signed by the Processor and the Sub-Processor, so that the Sub-Processor is subject to the same conditions (instructions, obligations, security measures, etc.) and the same formal requirements as the initial Processor regarding the proper processing of personal data and the guarantee of the rights of the data subjects. In the event of non-compliance by the Sub-Processor, the Data Processor will remain fully responsible to the Data Controller for the fulfillment of the obligations included in this Data Processing Agreement.
The list of sub-processors authorized by the Data Controller is attached to this Data Processing Agreement as Appendix B.
9. International Data Transfers
The Data Processor will not carry out international transfers of personal data to which it has access, for which the Data Controller is responsible, unless it has prior authorization from the Data Controller or they are duly regulated as provided in Articles 45, 46, or 47 of the GDPR. Notwithstanding the authorized sub-processors referenced in Appendix B that carry out certain processing on behalf of the Data Processor in territories outside the European Economic Area, which have signed the corresponding standard contractual clauses approved by the European Commission ("SCC"), an agreement signed between both entities in which the non-EU company guarantees that it applies European data protection standards.
10. Liability
The Data Processor will be considered responsible for processing in case it uses the data subject to this Data Processing Agreement for other purposes, discloses it, or uses it in violation of the stipulations of this Data Processing Agreement, and will be liable for any infractions in which it may have incurred personally.
The Controller must immediately inform the Processor of any sanctioning procedures initiated against the Data Controller by the AEPD or any other competent authority due to such breaches or defective compliance, so that the Processor may assume the legal defense at its expense, always acting in coordination with the Controller and preserving its public image and reputation.
Each Party will hold the other harmless against claims, compensation, actions, and expenses arising from claims that the Party is obliged to satisfy by a final judgment or award issued by a competent court, or under an agreement reached between a Party and third-party claimants, as a result of non-compliance or defective compliance with applicable regulations.
ALUMNE offers various services related to the use of artificial intelligence. To use these services, the CLIENT must purchase credits in the packages indicated in their "My Account Alumne LMS" section.
The costs associated with Artificial Intelligence services are:
GPT-4 Model: €0.06/1K words.
Whisper: €0.03/minute.
Images: €0.15/image.
Prices DO NOT include VAT. These prices may be updated by ALUMNE as it deems appropriate, simply by modifying these conditions and sending an email notification to the CLIENT.
These costs will be deducted, according to usage, from the CLIENT's available credit. If the client has no credit, these AI-based functions will not be available. ALUMNE informs the CLIENT that it uses OpenAI's infrastructure to perform AI-based functions. The CLIENT will use them at their own risk. ALUMNE does not recommend disclosing confidential or personal data through these systems.
The CLIENT acknowledges that Alumne integrates and uses functionalities provided by third-party platforms, including but not limited to, the OpenAI API or similar for artificial intelligence functions ("Third-Party Services").
The CLIENT agrees and acknowledges that ALUMNE has no control over Third-Party Services and, therefore, cannot guarantee their availability, accuracy, functionality, or suitability for the User's specific needs. ALUMNE will not be liable for any loss, damage, or harm resulting directly or indirectly from the use of Third-Party Services. This includes the fact that the client or any of its users provide personal data to these functions. The CLIENT is ultimately responsible for this data and for informing its users not to provide it, as Alumne is merely a tool.
The CLIENT agrees to hold ALUMNE harmless from any liability in this regard. The CLIENT acknowledges that Third-Party Services may be modified, updated, interrupted, or discontinued at any time without prior notice and without any liability on the part of ALUMNE. Any interaction or contractual relationship between the User and third-party service providers is exclusively between the client and the third party. ALUMNE is not a party to nor bears any responsibility in such interactions or relationships.
The CLIENT assumes all risks associated with the use of Third-Party Services. This includes, but is not limited to, reliance on the accuracy, availability, and usefulness of the services provided by the OpenAI API or similar. The CLIENT agrees to use Third-Party Services at their own risk and discretion.
Our infrastructure is primarily cloud-based, using several providers for greater fault tolerance, and is continuously improving.
Our application has a distributed architecture, allowing us to separate front-end, API, and other services necessary for the application's operation.
We use different systems for encrypting information and communications. Communications are encrypted through SSL certificates. Files under 50MB uploaded to the platform are encrypted with various algorithms, always at the forefront of technology and best practices in cybersecurity.
Backups are performed daily following our backup policy. We keep a copy of the database backups with different periodicities, stored on our slave server.
The platform undergoes several annual security audits. The goal is to identify and resolve critical vulnerabilities. The platform is constantly evolving to ensure that we always use the latest technologies, which translates into greater security for our clients.
We handle personal data with the highest privacy and security guarantees, using encryption systems for the most sensitive data, as well as disassociation mechanisms. Our platform implements various security mechanisms to prevent DoS attacks and other types of attacks that could affect service quality. We have Firewall systems as well as different filtering and IP blocking mechanisms directly integrated into the platform.
The platform offers the ability to define a comprehensive policy for automatic password management and renewal. As an administrator, you can determine whether you want your users to renew their password the first time they access the platform, as well as set password expiration.
Alumne LMS offers all its clients the option to use one of our default email accounts to send emails from the virtual campus. These accounts are limited to 500 emails per day. The counting period begins at 00:00 each day and ends at 23:59.
If this number is exceeded, emails will stop being sent and will be stored in the platform's email queues to be sent the next day, up to the quota. If the CLIENT wants to enjoy unlimited email sending, they can configure their email provider using Microsoft, Google, or SMTP technology.
ALUMNE informs clients that it will not be responsible for the use made of email sending from the Alumne LMS platform. If fraudulent or SPAM emails are detected, the client's accounts may be suspended, or access to email sending functions may be restricted until the situation is clarified.
CLIENTS are reminded that they must comply with personal data protection legislation and other applicable laws regarding email sending. If they do not comply, the CLIENT will be solely responsible, with Alumne LMS being merely a tool used by the CLIENT to send emails.
These terms of use, contracts, and privacy policy are those corresponding to Alumne concerning its clients. They are NOT documents designed to cover the client regarding their own users.
Alumne informs the CLIENT that they must draft their own terms of use/legal notice, privacy policy, and cookies policy appropriate for the intended use of the platform. These terms must be posted on a publicly accessible URL, which can be shared through Alumne LMS by indicating these URLs in the virtual campus configuration section enabled for this purpose.
Alumne will not be responsible, under any circumstances, if the client does not publish this information correctly, inaccurately, or in a manner contrary to the law, with the client being solely responsible.
Special mention is required for the platform's functionality that allows students to share certificates/diplomas on their social networks or websites. ALUMNE is not responsible for the client's use of this functionality. It is the client's responsibility to inform end-users of the implications of sharing this information and to configure the platform according to their privacy policy.
The purpose of this appendix is to indicate the limits and common uses for the Alumne LMS platform. If the client needs to apply other limits to any of the features reflected here, they must request a "Custom" deployment and negotiate tailored conditions with ALUMNE.
In general, the terms of use and limits for each package are reflected in the plans section of this website. As a complement to what is described there, the free plan offers the creation of up to 3 courses, the management of up to 15 active users, 1 administrator, and 1 teacher. In addition to 500MB of storage. Additionally, paid packages offer a maximum of 10% of the contracted users for administrators and teachers. For example, if a package of 50 active users is contracted, there can be no more than 5 teachers or administrators. The 10% will be the maximum sum of both types of users concerning those contracted.
To ensure a high quality of service and proper use of the platform, the following limits are established:
Processing and storage of emails: If the client chooses to use the default email account provided by ALUMNE, they will have a maximum of 500 emails that can be sent per day. For both default and custom email accounts, emails are sent through a processing queue that runs every 3 minutes. This means that emails are NOT sent immediately, and depending on the queue's load, they may take more or less time to be sent. ALUMNE LMS offers the ability to view sent emails and verify if they have been opened. This functionality depends on the technical characteristics of the recipient's email (it may contain a blocker). It is also noted that sent emails will be stored for the last 7 days, automatically deleting emails from previous dates. In any case, no more than 50,000 sent emails will be stored. This also applies to sent and archived emails.
Gamification: Alumne LMS individually records each point earned by each user in the gamification process. To avoid data accumulation, the CLIENT is informed that all users will have a default record with the accumulated points earned. Points earned six months or more ago or the oldest points earned by users with 500 or more experience records will be added to this accumulated record. Therefore, individual experience records will be lost in favor of the accumulated record when these indicated circumstances occur.
Test attempts: Alumne LMS will by default save 3 attempts for each test that the user takes. Thus, if the administrator configures a test with unlimited attempts for the user, they can take as many attempts as they want, but they will only be able to see the detailed results of the last 3 attempts. Detailed results are understood as viewing the answers to each of the questions answered, seeing the score obtained, and getting a complete report of the attempt. After the third attempt, all this information will be automatically deleted, keeping only the information of the last three attempts. The total number of attempts made by the student will be stored as a counter.
Closed courses: Alumne LMS will archive the information related to users' access and progress once the course is closed. This information can be recovered, but it should be noted that this is not an automatic process, limiting the automatic recovery process to 10 courses per day. While the course data has not been recovered, students will not be able to access it, and teachers and administrators will not be able to obtain reports or perform grade and/or progress recalculations.
Blocked users: Alumne LMS will archive the information related to access and progress in the different courses where the blocked user was enrolled. This information can be recovered, but it will not be immediate. A maximum of 100 users will be processed each day. In any case, both the user and the administrator will be informed that the user's information is not available at that time until the recovery process is completed. Users will not be allowed to access courses where access and progress information is being recovered. Administrators will not be allowed to perform grade and/or progress recalculation processes.
Ratio of blocked users to active users: A ratio of 4 blocked users for every active user in the system is established. For example, if a CLIENT has contracted a package of 50 users, they may have up to 200 more blocked users. If this ratio is exceeded, ALUMNE may request the CLIENT to delete the blocked users that exceed the ratio or request an increase in active users contracted. If, after 30 days from the notice, which will be sent by email, the CLIENT does not make the adjustment, ALUMNE will delete the oldest blocked users until the ratio is reached.
Alumne performs daily backups of its systems. The backups are stored in a physically and logically separate facility from the production environments.
Full backups are performed. Two backups corresponding to the daily frequency (the backups of the last two processes) are stored. Additionally, one additional backup is saved weekly. Seven full database backups are kept.
Backups are stored to enable disaster recovery. Selective data restores or those requiring forensic work by the Alumne team will not be performed.
Backups can only be restored by the Alumne team. The Alumne team will inform the client that a restoration will be carried out, if applicable, as well as any data loss that may occur, which cannot exceed 7 days (if restoring the last weekly backup) or 48 hours (if restoring any of the daily backups).
The free version of Alumne LMS can be automatically registered through the alumnelms.com website. It is a version with particular and limited features, offering access only to the most basic functionalities of the system.
Access to course management.
Access to user management.
Access to basic functions associated with them.
Storage capacity limited to 500MB.
Capacity for up to 15 students.
Capacity for up to 3 courses.
Capacity for 1 teacher.
Capacity for 1 administrator.
The free version does NOT allow visual customization of the virtual campus or any type of customization (email, etc.).
It does not include priority technical support; support will be limited to self-help resources and community forums.
It does not include integrations with third-party applications.
Alumne will keep the instance active until detecting an inactivity period of one month (30 calendar days) or more. In this case, it will notify the primary administrator to access the platform. If no access is made, Alumne will proceed to delete the instance along with all content and data associated with it. The CLIENT accepts this clause by merely accessing the free version and releases Alumne from any liability related to the deletion of the virtual campus due to inactivity.
The CLIENT may request an upgrade to one of the paid versions of the platform at any time. To do so, they must pay the corresponding fee for the desired paid version through the automated payment gateway offered by ALUMNE on its website alumnelms.com or on the virtual campus itself.
The CLIENT agrees to use the free version in accordance with applicable laws and Alumne's usage policies.
Alumne reserves the right to modify the terms of the free version at any time, notifying registered users via the email provided during registration.
The CLIENT agrees that the data provided through the use of the free version will be handled in accordance with Alumne's Privacy Policy, available on alumnelms.com.
Alumne will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the free version.
Alumne reserves the right to terminate the free version offering at any time, with a minimum of 30 days' notice to users.
Alumne makes the free version of Alumne LMS available to the community to help businesses and professionals take their first steps in online training. Therefore, it does not support improper uses of the platform in any form.
For illustrative but not exhaustive purposes, fraudulent or illegal use of the platform is understood to include any use that goes against the law, ethics, and morals. Training related to weapons, drugs, animal abuse, human rights violations, or that promotes hatred or terrorism, among others, will not be allowed.
No more than one platform may be registered per person/professional or company (CIF/tax identifier). If it is detected that more platforms are being registered than allowed (by extending email addresses, by the name of the main administrator, etc.), they will be automatically deleted at Alumne's discretion. The user acknowledges this limitation and will avoid duplicating user accounts or having more than one user account in the free service.
Alumne Store is a feature available in Alumne LMS that allows you to install courses with just one click to use them on your own Alumne LMS platform. The courses are made available by ALUMNE and must be used according to these terms of use.
Give your students access so they can take them within the Alumne LMS platform you are using.
Edit the content that makes up each course. Remove content. Add new content and create your own versions.
Use these courses according to current intellectual property regulations.
You CANNOT use the courses from the Alumne Store outside of an Alumne LMS platform.
You CANNOT make partial or full copies of the content to use them outside the Alumne LMS platform. You are granted a usage license to teach it to your students within the Alumne LMS platform you are using.
You CANNOT download the content that makes up the courses. You cannot access the individual editing of said content nor can you use it on other platforms.
You CANNOT publish them on your own channels, websites, and/or social networks.
You may NOT sell the courses to third parties or gain any direct financial benefit from the sale of the courses, as they are provided by ALUMNE and its collaborators for you to offer to your employees/students/users at no cost.
To install a course from the Alumne Store, you only need to access the "AStore" section located in the course management area as an administrator. Once inside, simply select the course you want to install. To install a course, you must have a version of Alumne LMS compatible with the one indicated by the course. These can be Free, available to all Alumne LMS users, including those with the free version; or Premium, only available to users of paid Alumne LMS versions.
ALUMNE is not obligated to publish new courses or keep the content of currently published ones up to date. Some courses available in Alumne Store are owned by third-party collaborators of ALUMNE. ALUMNE is not responsible for said content or its maintenance.
ALUMNE is not responsible for the proper functioning of all content and links stored in the courses from Alumne Store. They are offered at no additional cost, so ALUMNE does not guarantee the accuracy, correctness, or operation of the courses included in Alumne Store. ALUMNE will not be responsible for the inaccuracy or lack of correctness of the content included in the courses. ALUMNE will not be responsible for any misuse of the courses or any infringement against intellectual or industrial property that you may commit while using the courses from Alumne Store.
ALUMNE is not responsible for the correct functioning of all content and links stored in the courses on Alumne Store. These are offered at no additional cost, and ALUMNE does not guarantee the accuracy, correctness, or functionality of the courses included in Alumne Store. ALUMNE will not be liable for the inaccuracy or lack of correctness of the content included in the courses. ALUMNE will not be responsible for any misuse of the courses or for any infringement of intellectual or industrial property rights you may commit when using the courses from Alumne Store. In case of detected misuse of Alumne Store content, the courses will be removed from your Alumne LMS campus, and access to Alumne Store will be restricted.
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