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Privacy Policy and terms of use

Web Site (www.ontruck.com/en) and Ontruck App

Version updated as of April 19th, 2021

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1. Data Protection Policy

1.1. Processor

In accordance with the provisions of Articles. 13 and 14 of REGULATION (EU) 2016/679 OF THE EUROPEAN  PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of individuals with regard to the  processing of personal data and on the free movement of such data (hereinafter, "GDPR"), articles 6 and 11 of  Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (hereinafter  "LOPDGDD") and Law 34/2002 of 11 July, Services of the Information Society and Electronic Commerce  ("LSSICE"), the data of users, customers and candidates will be incorporated into the Register of Processing  Activities owned by NINJATRUCK, S.L. ("Ontruck"), with NIF B-98.732.290 and registered office in Príncipe  de Vergara 109, 2º floor, 28002 Madrid.  

For this purpose, Ontruck makes available an email (privacy@Ontruck.com) to all users of Social Networks, the  APP and the Website (www.ontruck.com/en).  

It is also reported that Ontruck has the following profiles in the main social networks on the Internet (Twitter,  Facebook, Linkedin, Youtube, Google Plus, Blog and Newsletter).

It is recognized as processor of the data of its users, followers, or persons who make comments through these.  Also, in accordance with the Law of services of the information society and electronic commerce Ontruck is  exempt from any liability for comments from users and followers on their social networks.  

Ontruck may use the profiles described above to inform its users of topics it considers of interest.

1.2. Basis of legitimacy and purposes of processing

The purpose of the processing of personal data is:

• With respect to the users of the Ontruck website or app (the "Users"), the provision of the Ontruck  brokerage service and all services associated with it (i.e. issuance of invoices, etc.), they have expressly  consented to the processing of data when registering on the platform;

• With respect to suppliers, customers or other third parties (the "Customers" or the “Providers”), to  meet the commitments generated by the respective contracts, the legal basis for the processing of the data  being the contract itself; and

• With respect to potential candidates for work at Ontruck (the "Candidates"), the possibility of  participating in the selection processes (current and future) of Ontruck, expressly consenting to the  processing of data when sending the CV.

• Regarding potential Ontruck customers, both at the level of recruitment or commercial communications,  the basis of legitimacy will be the express consent of them.

In any case, Users, Clients, Candidates and Social Network Users, if any, (jointly, the "data subjects") may  withdraw their consent, at any time, by sending an e-mail to privacy@ontruck.com or by addressing their request  to the postal address Príncipe de Vergara 109, 2º planta, 28002 Madrid.

For the purposes of clarification, in the case of Users or Customers who are legal entities, they are expressly  obliged to communicate and inform their employees/staff/collaborators of the Ontruck Data Policy and to obtain  their consent when so determined by current legislation.

In addition, the data derived from any communication (via electronic, telephone, etc.) will also be incorporated  into our Processing Activities Register.

1.3. Data Protection Officer (the "DPO")

Data subjects may contact the Ontruck Data Protection Officer, a position held by Professional Pridatect, S.L.  with NIF B- B67077727, and register officer in Avenida Josep Tarradellas, 123, 6º Barcelona, 08006, by writing  to the email address legal@pridatect.com

1.4. Recipients of Personal Data

he data of the data subjects will be communicated, if necessary, to the public administrations and entities that  are necessary for the fulfillment of the purpose for which they were collected. In addition, Ontruck may transfer  the data to third parties with whom it has signed a contract for the provision of services as Data Processor. In this  case, we inform you that Ontruck has different recipients:  

  • DIGITAL OCEAN: Server located in Amsterdam (Netherlands). For more information about their  privacy policy please visit: https://www.digitalocean.com/legal/privacy-policy/
  • WAGTAIL: Software on which the Ontruck website is built. For more information about its privacy  policy, please visit the following website: https://www.wagtailuk.com/privacy-policy/

In case the User uses the APP, data will be stored in Google Cloud (Frankfurt, Germany) and Digital Ocean  (Amsterdam, Netherlands).  

1.5. Exercise of Rights of the data subjects

In accordance with current regulations, data subjects may exercise their rights of access, rectification, cancellation,  limitation of processing, portability and opposition by contacting Ontruck at the following email address  privacy@ontruck.com or by sending your request to the postal address Príncipe de Vergara 109, 2º planta, 28002  Madrid.

1.6. Data processing

Ontruck will process the data in a lawful, loyal, transparent, adequate, relevant, limited, accurate and up-to-date  manner. That is why it undertakes to take all reasonable measures, technical and organizational, to ensure that  these are deleted or rectified without delay when they are inaccurate, as well as, in general, all measures necessary  to ensure the security, confidentiality and integrity of them and avoid their alteration, loss, or unauthorized access.
Ontruck will keep the data for the legally established period of time.
In any case, if the Stakeholders do not communicate otherwise, we understand that their data have not been  modified.

1.7. Control Authority

The data subjects may, at any time, address the competent Control Authority to submit the claim they consider  appropriate. In this case, the competent Authority will be that of www.aepd.com.

2. Privacy Policy in social networks

2.1. Previous Information

Ontruck reports that it has proceeded to create a profile on social networks Facebook, Twitter, Youtube, Linkedin,  Google+, Blog (the "Social Networks"), with the main purpose of advertising their products and service.

2.2. Social Networking Profiles

In case the User has a profile in any of the referred Social Networks and decides to join the pages created by  Ontruck, by joining our page, he expressly consents to the processing of those personal data published in his  profile.

The Social Network User can access at any time the privacy policies of the Social Network itself, as well as  configure their profile to ensure their privacy.

Ontruck has access to and processes that public information of the User, especially his contact’s name. This data  is only used within the Social Network itself. They are not incorporated into any file.

2.3. Rights of Users

In relation to the rights of access, rectification, cancellation, limitation of processing, portability and opposition,  they can be exercised before NINJATRUCK S.L. In accordance with current data protection regulations. In this  regard, the following nuances should be considered:

  • Access: Will be defined by the functionality of the Social Network and the ability to access information  in user profiles.
  • Correction: You can only be satisfied with information under the control of Ontruck, for example, remove  comments posted on the page itself. Normally, this right must be exercised before the corresponding  Social Network.
  • Cancellation and/or Opposition: As in the previous case, you can only be satisfied in relation to that  information that is under the control of Ontruck for example, no longer be linked to the profile.

Ontruck will perform the following actions:

  • Access to public User profile information
  • Publication in the User's profile of all information already published on the Ontruck website. • Send personal and individual messages through the Social Network channels.
  • Page status updates to be published in the User's profile.

The user can always control their connections, remove content that no longer interests them and restrict who they  share their connections with. To do this, they must access their privacy settings.

2.4. Publications

The User, once joined the Ontruck page in the corresponding social network, may publish in the latter comments,  links, images or photographs or any other type of multimedia content supported by the Social Network.

The User, in all cases, must be the owner of the same, enjoy the copyright and intellectual property rights or have  the consent of the third parties concerned.

Any publication, whether text, graphics, photographs, videos, etc., which violates or is likely to violate morals,  ethics, good taste or decorum, and/or which infringes, violates or violates intellectual or industrial property rights,  the right to an image or the law is expressly prohibited. In these cases, Ontruck reserves the right to immediately  remove the content, and may request the permanent blocking of the User.

Ontruck will not be responsible for the content that a User has freely published.

The User must bear in mind that his publications will be known by other Users, so he is primarily responsible for  their privacy.

Images that may be published on the site will not be stored in any file by Ontruck,but will remain on the Social  Network.

2.5. Contests and promotions

Ontruck reserves the right to conduct contests and promotions, in which the User can participate by linking to its  site. The rules of each of them, when using the platform of the Social Network, will be published in the same,  always complying with the LSSI-CE and any other rule that applies.

The Social Network does not sponsor, endorse or otherwise administer any of our promotions, nor is it associated  with any of them.

2.6. Advertising

Ontruck will use the Social Network to advertise their products and services, in any case, if you decide to process  your contact information for direct marketing actions, it will always follow the legal requirements of the current  legislation on data protection and the LSSICE.

Recommending the Ontruck site to other users so that they too can enjoy the promotions or be informed of their  activity will not be considered advertising.

Finally, we detail the link to the privacy policy of the Social Network:

  • Facebook: https://www.facebook.com/help/323540651073243/
  • Twitter: https://twitter.com/privacy
  • Linkedin: http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv
  • Google+: http://www.google.com/intl/es/policies/privacy/
  • Youtube: https://www.youtube.com/t/terms

3. Responsible for the accuracy and truthfulness of personal data.

The user is solely responsible for the truthfulness and correctness of the data provided through any of the forms  on the website, exonerating Ontruck of any responsibility in this regard. Users guarantee and respond, in any case,  the accuracy, validity and authenticity of personal data provided, and undertake to keep them properly updated.  The user agrees to provide complete and correct information in the forms that he or she fills out.  

Ontruck is not responsible for the veracity of information that is not of its own making and of which another  source is indicated, so it does not assume any responsibility for hypothetical damage that may arise from the use  of such information.

Ontruck is exempt from liability for any damage or harm that the user may suffer as a result of errors, defects or  omissions in the information provided by Ontruck provided that it comes from sources outside it.  

4. Data of minors

As a general rule, Ontruck will not process data of minors for the realization of the processing and services  provided by Ontruck, as it is an essential requirement of the recruitment that they are not minors.

5. Privacy Policy of the app users

5.1 Collected data

DATA

PURPOSE

BASIS

Full name, company, identity number,  country, e-mail address, contact number,  work status (self-employee, employed, etc.),  type of vehicle, plate number, service area,  login, password, preferred language, transportation license, insurance number,  performance measure.

Provision of intermediation  service

Article 6.1.a) GDPR  “consent”.

E-mail, name

Send e-mails with Ontruck’s news

Article 6.1.a) GDPR  “consent”.

Location data, location of origin, location of  arrival, hour of laod, hour of delivery.

To execute the contractual  relationship and to share it with  the user whose order has been  executed

Article 6.1.a) GDPR  “consent”.

Reference, full name, identity number,  transportation license, performance  measure, POD photo, location data, etc.

Provide support to the App user  trough the chat, e-mail o teléfono

Article 6.1.f)  “Legitimate interest”.

POD photo, payment details, e-mail, bank  account number.

Billing and payment / Ontruck’s  duties as taxpayer.

Article 6.1.a) GDPR  “consent”.

Full name, identity number, type of vehicle,  plate number, transportation license,  performance measure, POD photo, payment  details, location data, location of origin,  location of arrival, hour of load, hour of  delivery.

Manage and execute user  complaints related to incidents  with orders, problems with  delivery or with the hauler and, in  general, incidents generated  during the use of the APP

Article 6.1.f)  “Legitimate interest”.

DATA

Full name, company, identity number, country, e-mail address, contact number, work status (self-employee, employed, etc.), type of vehicle, plate number, service area, login, password, preferred language, transportation license, insurance number, performance measure

PURPOSE

Provision of intermediation service

BASIS

Article 6.1.a) GDPR “consent”.

DATA

E-mail, name

PURPOSE

Send e-mails with Ontruck’s news

BASIS

Article 6.1.a) GDPR “consent”.

DATA

Location data, location of origin, location of arrival, hour of laod, hour of delivery.

PURPOSE

To execute the contractual relationship and to share it with the user whose order has been executed

BASIS

Article 6.1.a) GDPR “consent”.

DATA

Reference, full name, identity number, transportation license, performance measure, POD photo, location data, etc.

PURPOSE

Provide support to the App user trough the chat, e-mail o teléfono

BASIS

Article 6.1.f) “Legitimate interest”.

DATA

POD photo, payment details, e-mail, bank account number.

PURPOSE

Billing and payment / Ontruck’s duties as taxpayer.

BASIS

Article 6.1.a) GDPR “consent”.

DATA

Full name, identity number, type of vehicle, plate number, transportation license, performance measure, POD photo, payment details, location data, location of origin, location of arrival, hour of load, hour of delivery.

PURPOSE

Manage and execute user complaints related to incidents with orders, problems with delivery or with the hauler and, in general, incidents generated during the use of the APP

BASIS

Article 6.1.f) “Legitimate interest”.

5.2 Regarding location data

Ontruck may receive your location data in the event that the user have consented to this function directly from its  mobile phone when installing the App or during its first use, both when using or not using the APP. Please know  that we use this location data for the purpose of being shared with users who place orders that have been previously  accepted by the you to carry.  

The App collects users’ data location in the background. This is critical to the app’s core functionality of assigning  loads to the hauler, adjusting routes, calculating stops, and detailing journeys, etc. This location data can be used  for the purposes of providing assistance in the event of an incidence.

To avoid being tracked, the user can always disable the location through your mobile phone.

5.3 Refusal to provide data

The data requested by Ontruck is necessary to carry out the activity and to offer the intermediary services. The  total or partial refusal of the hauler to provide the requested data or the consent withdrawal will have as a  consequence the impossibility to use the intermediation service.

5.4 App status update

In order to follow-up loads and provide a consistent, reliable service to our clients, the user must update your  status in real-time.

5.5 Retention period

We keep personal data for different periods, depending on the type of information, the period of our contract with  our users, legal requirements regarding certain types of data, and other factors.

6. Use of cookies

Ontruck's website and social networks use cookies to optimize and personalize your browsing experience. Cookies  are physical files of information that are hosted on the user's own terminal, the information collected through  cookies serves to facilitate user navigation through the portal and optimize the browsing experience. The data  collected through cookies can be shared with the creators of these, but in no case will the information obtained by  them be associated with personal data or data that can identify the user. However, if the user does not want cookies  to be installed on his or her hard drive, he or she can configure the browser in such a way as to prevent the  installation of these files. For more information, please refer to our Cookie Policy  https://www.ontruck.com/en/cookies-policy.

7. Management of security breaches or notifications

Security breaches can be caused by workers, third parties or computer errors. Therefore, we are legally obliged to  notify the data subjects if their personal data has been seriously affected within a maximum period of 72 hours.  In addition, users will be notified as soon as the security breach is resolved in the event that it has a major impact.

8. Security

Ontruck implements state of the art security standards to prevent unauthorized access, maintain data accuracy,  and ensure the correct use of information. We also implement appropriate organizational measures to protect your  information.

We apply our security standards also when working with business and technology partners. We only select and  contract with processors and third parties who use appropriate security measures and provide sufficient  guarantees, including technical and organizational measures, to ensure the appropriate protection of the data we  entrust with them.

Moreover, Ontruck’s employees have signed a Non-Disclosure Agreement or clause in connection to their  employment and we have set internal processes such as continuous training and policies that are frequently  updated to ensure the availability and resilience of our systems and services. Additionally, Ontruck has a defined  an incident response plan in case of a physical or technical incident.

9. Modification of the privacy policy

This privacy policy is subject to change. We recommend that you review the privacy policy from time to time.

2 Terms of use web site

www.ontruck.com/en

Last update April 2021

1. Legal information and acceptance

In compliance with Law 34/2002 of 11 July, of Services of the Information Society and Electronic Commerce  ("LSSICE"), NINJATRUCK, S.L. ("Ontruck") informs that it is the owner of the website www.Ontruck.com.  In accordance with the requirement of Article 10 of that law, Ontruck reports the following information:

The owner of this website is NINJATRUCK, S.L. a Spanish company located in Madrid, Príncipe de Vergara  109, 2º floor, 28002 Madrid. and registered in the Mercantile Registry of Madrid, volume 34.074, page 208, sheet  M-613038, with NIF B-98.732.290. The e-mail address to contact the company is: privacy@Ontruck.com

The purpose of this document (the "Conditions of Use") is to establish and regulate the rules of use (including  mere access) of the web pages that make up the www.Ontruck.com website, including the content, data and  information made available on them, "Website" being understood to mean all the pages and their contents that are  accessed through the domain www.Ontruck.com.

2. User and liability regime

The mere access to the website www.ontruck.com attributes the condition of user (the "User"), and expresses the  full and unreserved acceptance by the User of each and every one of the provisions contained in these Terms of  Use, so it is understood that anyone who accesses this site agrees to be bound by them, so the User must read  these Terms of Use carefully.

Certain contents of the Ontruck Web Site contain the possibility of contracting by Internet and, since certain  services are exclusive to registered users (the "Registered Users"), their access is restricted and also subject to  the General Conditions of Contract of the Ontruck Service (either for Carriers or for Shippers, as the case may  be). Consequently and for the purposes of clarification, there are certain services that are exclusive to Registered  Users, services that are subject to particular conditions, regulations and instructions that, where appropriate,  complete and/or modify these Terms of Use and must be known and accepted by the Registered User at the time  of registration.

In any case, Ontruck reserves the right to modify, extend or temporarily suspend, and at any time, unilaterally and  without prior notice, the presentation, technical specifications and configuration of the Ontruck Web Site and its  contents and services, as well as these Terms of Use or the corresponding General Conditions of Contracting of  the Ontruck Service (for Carriers or Shippers, as the case may be).

Ontruck does not guarantee: (i) the availability, continuity, nonexistence of deficiencies and security of the Web  Site; (ii) that the content of the Web Site or the information that passes through it is free of viruses or other harmful  elements, as well as errors, omissions or inaccuracies; and (iii) the privacy and security of the user's use of the  Web Site. Consequently, the User assumes any risks that may arise from the use of the Website.

The content of the Website is merely informative of the services of Ontruck. The link established between the  User and Ontruck through the consultation of the Web Site in no way constitutes a professional relationship or a  contractual relationship.

The Ontruck website provides a variety of information and data. The User assumes responsibility for the correct  use of the Site. This responsibility shall extend to:

  • The veracity and legality of the information provided by the User in the forms provided by Ontruck for  access to certain content or services offered through the Website.
  • The use of information, services and data offered by Ontruck contrary to the provisions of these  conditions, the law, morality, good customs or public order, or in any other way may involve injury to  the rights of others or the same operation of the Website.

3. Intellectual and industrial property

The distinctive signs, designs, texts, images, illustrations, photographs, and other content found on the Web Site  and any other intellectual creations and / or inventions are owned by Ontruck or third parties.

Third parties are also informed that Ninjatruck has registered its European trademark and that the use of the trademark without prior express authorization is strictly prohibited.  

The User may not use the content without the express written consent of Ontruck or its rightful owner, obtaining  only an authorization to view the content through their navigation on the Website.

It is not allowed, the reproduction, distribution, public communication, transformation, making available, nor the  establishment of links to the Ontruck page from another page or website, or any other form of exploitation of the  content without the prior written permission of Ontruck or its rightful owner.

If any User or third party considers that any of the existing content on the Website involves an infringement of  the rights of intellectual property protection or is in any way illegal, harmful to the rights or interests of others or  contrary to public order or morality, you may notify Ontruck at the email address privacy@ontruck.com

4. Content

The User is obliged to make correct use of the Website in accordance with the Law and these Conditions of Use.  The User will respond to Ontruck or to third parties for any damages that may be caused as a result of a breach of  this obligation.

It is expressly prohibited to use the Web Site for purposes that are harmful to the property or interests of Ontruck  or third parties or that otherwise overload, damage or disable the networks, servers, and other computer equipment  (hardware) or computer products and applications (software) of Ontruck or third parties.

Ontruck reserves the right to prevent or prohibit access to the Web Site to any Internet user who introduces any  illegal content on this Web Site, which violates the rights or interests of others or which is contrary to these Terms  of Use or current legislation, reserving the right to exercise the legal measures it deems appropriate to prevent  such conduct. The User therefore undertakes not to use the Website in an unlawful manner, in violation of the  rights or interests of third parties or in any way contrary to these Terms of Use or current legislation.

All information that may be provided by the User to Ontruck through the forms on the website or any other must  be truthful. For this purpose, the User guarantees the authenticity of all data communicated and will keep the  information provided to Ontruck perfectly updated so that it responds, at all times, to the real situation of the User.  In any case, the User will be solely responsible for any false or inaccurate statements made and the damage caused  to Ontruck or third parties for the information provided.

5. Exclusión of liability

Ontruck will in no case be responsible for::

  • any possible damage or harm that may arise from interference, omissions, interruptions, computer  viruses, telephone breakdowns or disconnections in the operation of the Website, delays or blockages in  the operation of the Website or interference on the Website by third parties.
  • damages of any kind caused to the User by failures or disconnections in the telecommunications networks  that lead to the suspension, cancellation, or interruption of the service of the Website at any time.
  • those contents, commercial activities, products, and services included that could be visualized by means  of electronic links, with merely informative purpose, if there were any. These links do not represent any  kind of relationship between Ontruck and the companies or individuals who own the websites that can  be accessed through these links. Ontruck reserves the right to withdraw at any time and without notice  the links that may appear.
  • the consequences that may arise from errors in the content that may appear on this website, although  Ontruck makes its best efforts to avoid any error in such content. Nor is responsible or guarantee that the  content or software that can be accessed through this website is free of error.
  • of any loss, damage or harm of any kind that may result from access to and use of the Website. Ontruck  is not responsible for any damages that may be caused to Users by improper use of this Web Site.

It is up to the User, in any case, the availability of appropriate tools for the detection and disinfection of harmful  computer programs. Access to the Website requires services and supplies from third parties, including transport  through telecommunications networks whose reliability, quality, continuity, and operation does not correspond to  Ontruck.

5.1. Third party website and software

The Application, website and/or services may include software components supplied by third parties that are used  with the permission of the respective licensors and/or copyright holders on the terms provided by those parties.  Ontruck incorporates links and third-party websites always with the express permission of both parties.  

Ontruck is not responsible for the activity that the user performs in the respective links to which it accesses, since  Ontruck provides these links merely for information purposes and is not responsible for the content or services  offered by these websites. Please note that your use of third-party software will be governed by the terms of use  and privacy policies of third-party providers.  

6. Protection of personal data

6.1. Processor of processing and purpose

In compliance with the provisions of current regulations on protection of personal data, personal data and  information of users, will be incorporated into the Register of Activities for the Processing of Personal Data owned  by Ontruck, in order to facilitate navigation through the website and access to information and services (in  particular, for the issuance of invoices for the provision of services of Ontruck).

In compliance with current regulations, Ontruck reports that the data will be kept for the time strictly necessary  to meet the services provided and legal obligations.  

Likewise, the data will be processed in a legal, loyal, transparent, adequate, pertinent, limited, exact and updated  manner. That is why Ontruck undertakes to take all reasonable technical and security measures to ensure that these  are deleted or rectified without delay when they are inaccurate or untruthful.  

6.2. Express Consent

The User expressly consents to the processing of the data when using the Web Site, although he may withdraw  his consent, at any time, by sending an e-mail to privacy@ontruck.com or by addressing his request to the postal  address Príncipe de Vergara 109, 2º planta, 28002 Madrid.

The User declares and accepts the right of Ontruck to use your user data, for the purpose of including their content  in the Platform to create Anonymous Data and use them for any purpose, including improving the own service of  intermediation of Ontruck.

Likewise, in any of the electronic forms, the express consent of the Users may be requested in order to send them  commercial communications by any means, including e-mail or equivalent electronic communication means, in  accordance with the provisions of Article 21 LSSICE.

6.3. Data Protection Officer (the "DPO")

In any case, the Users can contact the Delegate of Protection of Information of Ontruck, position that holds  Pridatect, S.L., with NIF B67077727, with address in Avenida Josep Tarradellas, Barcelona.

6.4. Recipients of personal data

The data of the Users will be communicated, if necessary, to the public administrations and entities that were  necessary for the fulfillment of the purpose for which they were collected. In addition, Ontruck may transfer the data to third parties with whom it has signed a contract for the provision of services as Data Processor to carry out  specific purposes.  

Also and in particular, the User knows that in the course of the execution of an Ontruck contract, the User gives  his data to other users, for the realization of the corresponding Transport Service, as long as this is necessary for  the execution of the contract.

6.5. Exercise of rights

In accordance with current regulations, users may exercise their rights of access, rectification, cancellation,  limitation of processing, portability and opposition by contacting Ontruck at the following email address  privacy@ontruck.com or by sending your request to the postal address Príncipe de Vergara 109, 2º planta, 28002  Madrid.

6.6. Control Authority

The Users will be able to go, at any time, to the competent Control Authority to present the claim that they consider  opportune, in this one would be before the www.aepd.com.

10. Electronic communications

The information contained in the e-mails and/or the attachment(s) of the e-mails sent from any e-mail address of  the @ontruck.com domain is confidential and privileged and is intended to be read only by the recipients to whom  it is addressed. Such information is also the property of the sender and it is prohibited to disclose, copy or distribute  it to third parties without prior written authorization from the sender.

If you receive an email and are not the intended recipient, the employee or agent responsible for delivering the  message to the recipient, or receive an email in error, the recipient must notify you immediately, return the email  and/or its attachment(s) to the sender's address and proceed to destroy it.

Personal data derived from communications via email will be incorporated into the processing system of  NINJATRUCK SL, being applicable the provisions of Clause 6 above.

8. Exclusion of liability due to force majeure

Ontruck's performance of all or part of its obligations will be suspended in the event of an act of God or force  majeure that prevents or delays performance. The following in particular shall be considered as such, but not  limited to: war, pandemic, riot, insurrection, social unrest, adverse weather conditions, strikes of any nature, and  supply problems not attributable to the same. Ontruck will inform the client of such a fortuitous event or force  majeure within seven days of its occurrence. In the event that such suspension is prolonged beyond a period of  fifteen days, the client will then have the possibility to cancel the order in progress and will then proceed to its  reimbursement under the conditions of the contract concluded with Ontruck.

9. Reservation of the right to modify these conditions

Ontruck reserves the right to modify these general conditions to adapt them to any change or new regulations, for  technical reasons, for changes in the services offered by Ontruck or for strategic decisions of the company. In  these cases, this website will provide reasonable advance notice of changes to the data protection policy and when  they will take full effect. No changes will affect orders that are in progress.  

If the user is not satisfied with the changes, he or she must stop using the website. The use of the website after the  changes have been made will imply the acceptance of these changes by the users.

10. Jurisdiction and venue

Ontruck also reserves the right to bring civil or criminal actions it deems appropriate for the misuse of its website  and content, or for breach of these Terms of Use of the Website.

The relationship between the User and Ontruck will be governed by the regulations in force and applicable in the  Spanish territory. If any dispute arises regarding the interpretation, enforcement or implementation of these Terms  of Use or applicable regulations, the parties agree to submit expressly to the jurisdiction of the competent judges and courts of Madrid, unless the applicable rules on jurisdiction and competence establishes a different jurisdiction  in this regard.

3 Terms and conditions of Ontruck App

Please read this document carefully before making and using the Ontruck app. This document contains the  Terms and Conditions of the App developed by Ninjatruck, S.L.

NINJATRUCK, S.L., a company with registered office in Madrid, at Príncipe de Vergara 109, 2nd floor, 28002  Madrid, and registered in the Mercantile Register of Madrid, volume 34.074, page 208, page M-613038, with Tax  Identification Number B-98.732.290 (hereinafter, "Ontruck" or the "Company"), has developed an application  in the field of land transport, which is why these terms and conditions are important insofar as they develop the  content of the App.

These Terms and Conditions of Use regulate the rules governing the use of the Application that Ontruck has  developed (hereinafter, the "APP"), which can be downloaded from play store and apple store. The download or  use of the APP confers the status of User to whoever does so and implies acceptance of all the conditions included  in this document and in Ontruck's Privacy Policy and Legal Notice.

Clause one - Purpose

Ontruck has developed an App, which has a triple purpose; firstly, the assignment and acceptance of loads,  secondly, the updating of statuses in real time, and thirdly and lastly, the management of documentation.

Clause two - use

The use of the App by the user must be done in a responsible manner and in accordance with current legislation,  good faith, these Terms and Conditions and respecting the intellectual and industrial property rights owned by  Ontruck.

The App has complementary purposes to the transport services offered by carriers and companies in the normal  performance of their services.  

The use of any of the contents of the App for purposes that are or may be unlawful is strictly prohibited, as well  as the performance of any action that causes or may cause damage or alterations of any kind not consented to by  Ontruck, to the App or its contents.

Clause three - access and security

You are responsible for maintaining the confidentiality of the use of any username and email address with which  you have registered to access and use the Ontruck services. You are also responsible for maintaining the  confidentiality of your password and account and are fully responsible for all activities that occur under that  account and password. In addition, you agree to: (a) inform Ontruck immediately upon detection of any  unauthorised use of your password, account, or any other security breach; and (b) ensure that you exit from the  Application at the end of your session. Ontruck cannot and will not be liable for any loss or damage arising from  your failure to comply with these obligations.

Clause four - cost

The App that Ontruck has developed and made available to users is completely free of charge, without prejudice  to the fact that Ontruck reserves the right to modify the price of the App in the future.

The application is  downloaded from Google Play and Apple Store, depending on whether the device is android or apple.

Clause five - industrial and intellectual property rights

Ontruck has developed and is the full and exclusive owner and holder of all Industrial and Intellectual Property  rights over the Application, as well as its updates, improvements, revisions, extensions, modifications,  adaptations, rectifications, translations, or new versions. Ontruck reserves all other rights not expressly granted  under this Agreement.

The user undertakes to respect and maintain the Industrial and Intellectual Property rights of the Application, as  well as the documentation and information that Ontruck places at its disposal in compliance with the provisions  of these conditions.

Users shall cooperate with Ontruck in the protection of such Industrial and Intellectual Property rights of the  Application, or of any other Industrial and Intellectual Property rights of Ontruck and shall notify Ontruck of any  infringement of such rights of which the User becomes aware directly or indirectly.

The user acknowledges that the reproduction, modification, distribution, commercialisation, decompilation,  disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation  or publication of any unauthorised reference test results of any of the elements and utilities integrated within the  development constitutes an infringement of Ontruck's intellectual property rights and consequently undertakes not  to carry out any of the aforementioned actions.

Clause six- data protection

In accordance with the applicable regulations, we inform you that Ontruck is responsible for the processing of  your personal data, which are necessary for the use of the App described in these conditions. The data requested  will be name, surname, email, address, telephone and geolocation.

The purposes carried out are managing the app, activating and managing the user's account when applicable,  answering requests, and maintaining the app. Ontruck will not store any data on its server.  

The legal basis for the processing of your data is the download of the App by the user. In general, your data will  not be passed on to third parties, unless legally obliged to do so and unless it is necessary to carry out our service.

Your personal data will be kept for as long as the user uses the App. In all other cases, the personal data provided  will be kept for as long as the data subject does not request its deletion, in which case we will block it.

In accordance with applicable law, you have the right of access, the right to rectify the processing of your data,  and the right to withdraw your consent, where the lawful basis for the processing is based on consent.

In certain circumstances, in accordance with the provisions of the applicable legislation, you may exercise your  rights of restriction of processing and portability, in which case we will only retain them for the exercise or defence  of claims.

You are also informed that Ontruck has implemented all the technical and organisational measures necessary to  carry out the processing of your data.

You may exercise your rights by sending an email to privacy@ontruck.com with proof of your identity. Finally,  in accordance with the applicable legislation, we inform you that you have the right to lodge a complaint with the  Spanish Data Protection Agency regarding the processing of your data.

Clause seven - privacy policy

You are informed that the personal data provided through the acceptance of these Terms and Conditions, will form part of a Register of Processing Activity responsibility of Ontruck, and that these will be processed for the purposes described in this document and will be retained for the duration of the use of the App, with the sole purpose of facilitating the introduction of improvements in future versions of the Application, may also be made the processing of information on user access, screens and user interaction and blocking and exceptions. You are also informed that you may withdraw your consent at any time and exercise your rights of access, rectification, deletion, portability, limitation and opposition by sending an e-mail to the following address:

The data is stored within the European Union, thus complying with the guarantees provided by the European Personal Data Protection Regulation.

Clause eight - responsibilities and warranty

Ontruck declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of the Application, as well as the absence of harmful components. However, Ontruck cannot be held responsible for the following situations, which are listed by way of example, but not limited to:

  • Continuity and availability of content.
  • The absence of errors in said content and the correction of any defects that may occur.
  • The absence of viruses and/or other harmful components.
  • Damage or harm caused by any person who breaches Ontruck's security systems.
  • The use that users may make of the content included in the Application. Consequently, Ontruck does not guarantee that the use that users may make of the content included in the Application, if any, is in accordance with this legal notice, nor that the use of the website is carried out in a diligent manner.
  • The use by minors of the website or the sending of their personal data without the permission of their guardians, the guardians being responsible for their use of the Internet.
  • Content that the user can access through unauthorised links or content introduced by users through comments or similar tools.
  • The introduction of erroneous data by the user or a third party.
  • Content and use Intellectual and industrial property.

Ontruck may temporarily suspend, without prior notice, accessibility to the Application for the purpose of  maintenance, repair, updating or improvement operations. Consequently, Ontruck shall in no event be liable for  any damages that may arise from the lack of availability or accessibility of the Application or the interruption in  the operation of the platform. However, whenever circumstances permit, Ontruck shall inform the user, with  sufficient advance notice, of the date on which the content is expected to be suspended

Except as set out in these terms and conditions, Ontruck is not liable for any loss or damage arising in connection  with the downloading or use of the Application, such as those arising as a result of any failure, breakdown or  blockage in the operation of the Application. Likewise, Ontruck shall not be liable for any damage caused as a  result of improper or inappropriate use of the Application by users.

Clause nine- modification

Ontruck reserves the right to modify these terms and conditions to adapt them to any changes or new regulations,  for technical reasons, due to changes in the services offered by Ontruck or due to strategic decisions of the  company. In these cases, the changes to be made to the data protection policy will be communicated by e-mail,  with reasonable notice, and as of when they will come into full effect.

If the User does not agree with the changes, he/she must stop using the Application. The use of the platform after  the changes have been made shall constitute acceptance of the changes by the Users.

Clause ten- contact us

You can contact us at the above address. You can also contact us by e-mail at privacy@ontruck.com as long as  the computer from which you connect has a properly configured and operative e-mail programme.

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