Article 10 of Law 34/2002, of the 11th of July, on Information Society and Electronic Commerce Services, states the obligation of all information society service providers to have the means to enable both recipients of the service and competent bodies to access certain information highlighted in this section by electronic means, permanently, easily, directly and free of charge.
Details of the owner of the website www.lantek.com:
Owner: LANTEK SHEET METAL SOLUTIONS, S.L.
TAX ID NUMBER: B01395698
Address: Calle Ferdinand Zeppelin, nº 2
01510 Miñano (Álava) – Spain
Tel.: +34 945 771 700
Email: info@lantek.es
Registration information: LANTEK SHEET METAL SOLUTIONS, S.L.U. is registered in the Álava Commercial Registry, in Volume 1257, Page 145, Sheet VI-11617
Nonetheless, this legal notice also applies to other domains, subdomains and landing pages, both of the company mentioned above and other subsidiaries of the Group: Lantek Systèmes, SARL (Lantek France), Lantek Systemtechnik GmbH (Lantek Germany), Lantek Systems, Ltd. (Lantek, UK), Lantek Systems, Inc. (Lantek, USA), Lantek México, S.A de C.V., Lantek Polska Sp. Zoo., Lantek Yazilim Ticaret Ltd. Sti (Lantek Turkey), Lantek Automation Private, Limited, Inc (Lantek India), Lantek Netherlands B.V., Lantek System Korea LLC, Lantek Shanghai Trading Co Ltd (Lantek China) and Lantek Middle East (FZE).
Hereinafter, reference to LANTEK will be understood to include LANTEK SHEET METAL SOLUTIONS, S.L.U. and any of the other Group’s companies mentioned.
By using the website web www.lantek.com, it is understood that the user has read, understood and accepted in full and without reservation this legal notice, the terms of use, the privacy policy and other notices or instructions that appear on this website, undertaking to make good use of it in accordance with the law, morals and public order.
If the user does not agree, they must refrain from using the website www.lantek.com.
LANTEK reserves the right to modify at any time the content, information, terms of this website, these conditions of use, privacy policies and other legal notices. If this occurs, we will inform users through the website.
On the website www.lantek.com there may be links to other third-party websites or pages. Lantek does not accept any liability for these since it has no control over them. Therefore, the user accesses under their own exclusive responsibility both the content they offer and their terms of use.
The user acknowledges and accepts that all trademarks, trade names or distinctive symbols, content, all industrial and intellectual property rights, and/or any other elements included in this website, are the exclusive property of LANTEK and/or third parties, which have the exclusive right to use them for commercial purposes.
In no case does access to the website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise.
In accordance with the foregoing paragraph, users of this website are prohibited from reproducing, copying, transferring, distributing, modifying or using in any other way, in whole or in part, the information and content of this website without prior written authorization from LANTEK.
The content of this website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted, in writing, by the aforementioned Entity.
LANTEK owns the elements that make up the graphic design of its website, the menus, the HTML code, the texts, trademarks, logos, color scheme, buttons, images, graphics and any other content of the website, as well as the structure, selection, arrangement and presentation of its content or, in any case, has the corresponding authorization for the use of said elemen.
Therefore, the user undertakes to use this website, its content and services in a diligent and correct manner, in accordance with the Law, morals, good practices and customs, public order, good faith and these general terms of use, with scrupulous respect for the intellectual property rights that correspond to LANTEK.
The user is expressly forbidden from using the website for purposes which are illicit, prohibited or detrimental to third parties or that may, in any way, damage LANTEK’s brand, image or reputation.
The user will be liable for damages of any kind that LANTEK may suffer as a result of the breach of any of the obligations deriving from any of these applicable conditions. LANTEK reserves the right to take legal action in defense of its rights.
On the website www.lantek.com personal data is collected through several channels, either via forms or through the email address provided to establish contact with us.
This data will be processed respecting the regulations in force at all times regarding personal data protection, and in accordance with the privacy policy described in this website, which users should read before providing their data. In any case, the forms used to collect personal data include an information clause explaining how the data is processed.
In accordance with stipulations in Law 34/2002, of the 11th of July, on Information Society and Electronic Commerce Services and of Law 56/2007, of the 28th of December, on Measures to Promote Information Society by which it is amended, users of the website www.lantek.com are informed that advertising or commercial communications will not be sent to them by e-mail or other equivalent means of electronic communication without their prior request or consent, which will be obtained through the corresponding forms provided for this purpose.
In any case, users may object or express their refusal to receive commercial information by electronic means by sending an email to dpo@lantek.es, This option is available for every communication sent to them.
LANTEK does not guarantee the absence of viruses or other elements in the content and therefore does not accept liability for damages that may be caused to user computers or systems due to possible computer viruses contracted during user browsing of the website.
Similarly, the owner of the website www.lantek.com neither controls nor guarantees the continued access, nor the correct viewing, downloading or use of the elements and information contained in its website, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control and is not liable in the event of service interruptions, delays or malfunctions when they are due to causes beyond the control of LANTEK, due to force majeure, or due to an intentional or culpable action on the part of the user.
LANTEK does not accept any liability for the information that may exist about us on third-party websites or that can be accessed through search engines or from third-party links to our website www.lantek.com.
Although the website www.lantek.com is not aimed at minors, they are permitted access. However, if a minor wishes to request information from us, they can only do so themselves if they over 14 years old. In the case of minors under 14, this request must be carried out by the custodian, guardian or legal representative, in which the latter, on behalf of the former, authorizes the company to process the personal data in such a way that said custodian, guardian or legal representative accepts the exclusive responsibility of deciding which services and content of this website that are appropriate for the age of the children under their care.
LANTEK does not accept any liability in the event that the aforementioned minors provide us with their personal data in breach of these obligations.
Individuals or entities who intend to add a "hyperlink" on a website not belonging to LANTEK that links to any of the pages of www.lantek.com must accept the following conditions:
The total or partial of reproduction of any of the services or content of www.lantek.com is not permitted.
No false, inaccurate or incorrect statement will be included regarding the website www.lantek.com nor about the services or content thereof.
The creation of a "hyperlink" will not imply the existence of a relationship between LANTEK and the owner of the website or portal where it is added, nor imply knowledge and acceptance on the part of LANTEK of the services and content offered in said portal.
LANTEK will not be liable for the content or services made available to the public on the website or portal where the "hyperlink" is added nor for the information and statements included therein.
Cookies are small text files that are stored on the hard drive or in the memory of the computer that accesses or visits the pages of certain websites, so that the user’s preferences can be recovered when they reconnect. Cookies stored on the user’s hard drive cannot read the data contained in it, access personal information or read cookies created by other providers.
See information on the cookies used on this website in the "Cookies policy" section.
See detailed information in the "Privacy Policy" section.
The activity carried out through the website www.lantek.com is subject to current applicable Spanish legislation.
For any dispute or conflict that may arise between LANTEK and the users of the website www.lantek.com, the parties expressly agree to submit themselves to the jurisdiction of the Courts of Spain, specifically those of the city of Vitoria (Álava), expressly waiving their own jurisdiction if one exists.
Date of text: 26th of February, 2021
SOFTWARE LICENCE GENERAL TERMS AND CONDITIONS
The terms used herein shall have the meaning as defined below:
““Acceptance“ means the consent to contract between the Parties and, in particular, the acceptance of the Offer with the Order.
““Sanctions Authority“ means (i) the United States Government; (ii) the European Union; (iii) the United Nations; (iv) the competent local sanctioning authorities where the Software is used.
“Change of Control“ shall be construed as a change in (i) the ultimate holder of the Software of more than 50% of the share capital of a company, or (ii) the legal power to direct or have the power to direct the general management of the company.
““Keys“ means the Hardware Key and the Software Key.
““Software Key“ means the 16-character password sent by Lantek to the Client. This password enables the Client to use the Software.
““Client“ means the legal entity obtaining the Licence and/or requiring the Services, depending on the context and the nature of the counterparty, whether they are a Manufacturer, a Distributor or an End Client.
““End Client“ means the ultimate recipient of the Software and/or Services, who cannot be a Manufacturer on whose machines the Software is installed, nor a Distributor who distributes the Software to third parties.
““GTC“ means these general terms and conditions, including the Annexes, which shall apply to the Licence and, where applicable, to the Services.
““Contract“ means the legal relationship existing between the Parties, once the Client has accepted the Offer sent by Lantek in response to the Order placed by the former, and to which these GTC apply. The GTC form part of the Contract.
““Client Data“ means the data described in Clause 5 of these GTC, as well as the data entered by the Client and/or Authorised Users to use or facilitate the use of the Services.
““Intellectual and Industrial Property Rights“ means any intellectual or industrial property rights, whether registered or not, such as software, designs, trademarks, patents, trade names, distinctive signs, know-how, trade secrets, data, information, documentation, etc.
““Distributor“ means the legal entity that acquires the Licence and subsequently distributes it to the Client.
““Technical Documentation“ means any preparatory documentation, technical and user manuals for the Software, operation guides, design notes, training materials, programme listings, flow charts, functional specifications, and any other technical information for running and administering the Software.
““Specifications“ means the specifications, terms, conditions, characteristics, qualities and other conditions to be met by the Services.
““Manufacturer“ means the legal entity which is the manufacturer of equipment and which acquires the Software Licence, either to implement the Software on its own equipment or on the equipment of a Client.
““Confidential Information“ means any information or communication of a technical, commercial, strategic or other nature (including, but not limited to, intellectual and industrial property rights, know-how patents, trademarks, designs, formulas, processes, processes, designs, plans, research results) provided by either Party in any form (oral, written or in any medium) and at any time whether before or after the signing hereof or obtained by the Parties in the course of contacts and relationships, based on information disclosed by either Party, with the “Disclosing Party" being that which shares such confidential information with the “Receiving Party".”.
““Hardware Key“ means the hardware device that protects the data export and import functions of the Software, and which enables the use of the Software.
““Software License“ or "Licence” means the rights of use and exploitation of the Software granted by Lantek in favour of the Client, by virtue of which the Client will have the right to use the Software under the terms set out in the GTC, provided that the Price is paid and/or no other cause for termination of the Contract is given.
““Sanctions List“ means any of the designated national lists or designated individuals or entities (or equivalent) of Sanctioning Authorities, including, but not limited to: (i) the "Specially Designated Nationals and Blocked Persons" list issued by OFAC, (ii) the consolidated list of individuals, groups or entities administered by the European External Action Service, (iii) the United Nations Security Council Consolidated Sanctions List, as well as any amendments thereto.
““Key“ means the mechanism sent by Lantek to the Client, which enables the latter to use the Software either via USB or by downloading the Licence via Internet.
““Offer“ means any document issued by Lantek in response to an Order from the Client, which may be a specific quotation, the confirmation of an Order via e-mail, the sending of the Key or any other document that reflects the consent and acceptance of Lantek. The GTCs apply to such an Offer.
““Party“ individually Lantek, and/or the Client, jointly and severally as the Parties”.
“Sanctioned Country“ means any country or territory that is subject to Sanctions.
““Order“ means the document by which the Client requests Lantek for the Licence and, if applicable, the provision of the Services. In addition, the downloading of the Software is considered as an Order.
““Warranty Period“ means the period during which Lantek will correct the errors that the Client has detected in the Services. In the event that the Warranty Period is different for a particular Service, such period shall be specified by Lantek.
““Sanctioned Person“ means any person or entity that: (a) is included in a Sanctions List or, which is subject to Sanctions (including without limitation being owned or controlled, directly or indirectly, by a person included in any Sanctions List, or (b) is under the government of a Sanctioned Country or is a member of the government of a Sanctioned Country; (c) is governed by the laws of, or located in, a country or territory subject to Sanctions.
““Price“ means the consideration and financial conditions to be paid by the Client to Lantek for the Licence and/or the provision of the Services in accordance with the Quotation and/or invoice issued by Lantek.
““Results“ means those new advances that are produced over and above the state of the art and/or Lantek’s knowledge as a result of the provision of the Services. By way of example and without limitation, Intellectual and Industrial Property Rights, trade secrets, know-how, information, technical documentation, derivative works, versions, data, designs, among others.
““Sanctions“ means any legislation or regulation on economic sanctions, embargoes, locally applicable sanctions, or restrictive measures administered, developed or enforced by any Sanctions Authority.
““Services“ are the services to be provided of maintenance, training, implementation and SaaS services.
““Training Services“ means the services described in Annex II, whereby the Client’s personnel receive training and know-how on the use of the Software.
““Implementation Services“ means the services described in Annex III, whereby Lantek or a third party designated by Lantek installs/implements the Software on the Client’s Computer System.
““Maintenance Services“ means the services described in Annex I, consisting of the Software Licence, implementation and telephone and/or e-mail support in the event of incidents, as well as the Client’s right to the latest version of the Software.
““Subscription Services“ or "SaaS Services" means the SaaS (Software as a Service) services provided by Lantek to the Client as described in Annex IV during the Subscription Period.
““Client Computer System“ means both the hardware (electronic, mechanical or magnetic devices necessary for the operation of the Software), and the applications available to the Client under the Offer.
““Software“ means the set of computer programmes developed by Lantek that are the object of the Licence.
“Subsidiary“ means any independent company controlled, directly or indirectly, by LANTEK SHEET METAL SOLUTIONS, S.L.U., whether through majority ownership of shares, participation in key decision making or in any other way that enables it to exercise control over such company.
““User Subscriptions means the user subscriptions purchased by the Client under the Offer that entitle Authorised Users to access and use the SaaS Services and the Technical Documentation.
"Authorised Users" shall mean those employees, agents and independent contractors of Client/Manufacturer/Distributor who are authorised by the Client/Manufacturer/Distributor to use the Services.
These general terms and conditions are the only terms and conditions applicable to the License to use the Software that LANTEK SHEET METAL SOLUTIONS, S.L.U. or any of its Subsidiaries ("Lantek") may grant to the Client. These conditions complement the particular conditions of the different Services regulated in the Annexes, and prevailing, in the event of contradiction, over these conditions.
Likewise, depending on the Services that Lantek provides to the Client, the corresponding specific conditions will be applicable as set out in the Annexes attached hereto.
The Services that Lantek can provide to the Client are, among others: Annex I. Maintenance Services; Annex II. Training Services; Annex III. Implementation Services; Annex IV. SaaS services.
The GTC shall be attached to any Offer in response to a Client Order and shall apply to the Licence and the Services, as is the case.
Any reference to general or specific conditions of purchase by the Client which may appear in its documents (Order, e-mails, computer media publications, etc.), regardless of the time at which they were made, shall in no case bind Lantek, and may not be considered an integral part of the relationship between Lantek and the Client, even in the event that Lantek has not expressly rejected them.
Any derogations and/or modifications to these GTC must in any case be reflected in writing, and expressly accepted and signed by Lantek. These may be updated, and can be found at https://www.lantek.com/us/legal.
References to words using the singular should include the plural and vice versa, and those using a gender should include both genders. References to persons shall include natural persons, companies, partnerships, corporations, firms or other entities. References to a "third party" are references to any person who is not a Party.
Lantek grants the Client a non-exclusive, personal, non-transferable and non-sub-licensable licence (except in the cases provided for in Clause 4 for Manufacturers and Distributors), for the use of the Software.
The granting of the Licence is subject to the full and timely fulfilment of the obligation to pay the tariffs and Price as set out in Clause 7 of these GTC.
4.1. Licence: Each Licence shall authorise the use of the Software by one user, on one or more of the Client’s devices, provided that the Software is installed on the Client’s Computer System and is enabled for use.
Authorised use of the Software does not include the right to reproduce or transform, make improvements, develop updates or make any adaptation or correction of errors, even if such actions are necessary for the Client’s use of the Software, or the right to reverse engineer, decompile or disassemble the Software. The Client may only carry out such actions with the express prior written consent of Lantek.
The Client shall not itself or through any third party, implement or make successive versions of the Software except as provided for SaaS Services, and the Client shall be entitled to have the updates and latest version of the Software, with any new developed version of the Software developed, or any third party on its behalf not included within the scope of the Licence. However, in the event that the Client is interested in any of these new versions, they may reach an agreement with Lantek on an extension of the scope of the Licence.
4.2. Manufacturers: Manufacturers of equipment and/or machines who obtain a Licence for implementation on their equipment and/or machines or from their clients, shall be entitled to sub-license the Software only for (i) the sale of the equipment and/or machine to End Clients, (ii) the implementation of the Software on the End Client’s equipment and/or machine, or (iii) the provision of Maintenance Services for the Software to End Clients.
When the Manufacturer obtains a Licence for its implementation on equipment and/or machines belonging to End Clients, the relationship between the latter and the Manufacturer shall be regulated by the specific document signed for this purpose between the Client and the Manufacturer, Lantek being exempt from any obligation and Clause 11 shall be expressly applicable.
4.3. Distributors: Distributors of the Software shall have the right to sub-license the use of the Software to End Clients to whom they distribute the Software.
4.4. Access to source code: Authorised use of the Software does not give the Client the right to access and use the source code of the Software.
4.5. Non-exclusivity: the Licence regulated herein is granted on a non-exclusive basis, so that Lantek may exploit the Software, by itself and/or through the granting of licences to third parties, in any way and on a worldwide basis.
For the granting of the Licence and the provision of the Services, Lantek will not access the personal data for which the Client is responsible; if, for any reason, Lantek requires access to such personal data, the parties undertake to formalise the corresponding document in order to comply with the Personal Data Protection Act (or the corresponding legislation). The Client is aware that this type of data may be collected and delivered to Lantek to generate a repository owned by Lantek. In the event that the Client is required to provide Lantek with any database, the Client undertakes not to provide Lantek with any personal data.
In order to carry out some of the Services, Lantek may send the Client Data to the Cloud platform owned by a third party. The Client undertakes to implement the security measures necessary for Lantek to be able to send said data to the Cloud platform, expressly exempting Lantek from any liability.
In the event that the Client fails to comply with the terms and conditions of payment set out in Clause 7 of these GTC of the Licence, Lantek reserves the right to delete said data.
The Client is aware that:
a) The Cloud platform to which your data will be sent may be owned by a third party independent of Lantek,
b) The Services may allow or assist you to access content on third party websites; and
c) It does so in accordance with usage restrictions of which you are informed by accessing the Azure platform via the following link:
https://azure.microsoft.com/en-us/support/legal/subscription-agreement/?country=es&language=es.
Lantek makes no representations, warranties or undertakings and shall have no responsibility or liability whatsoever in relation to (i) the content or use of such third party websites, or any transaction or contract made and/or entered into by the Client with the relevant third party. The warranties given by the third party are summarised as performance substantially in accordance with its stated terms and conditions, compliance with the stated level of service and a disclaimer of all warranties in the event of non-compliance with the minimum requirements of the Service. Lantek does not endorse or approve any third-party website or the content of any third-party website that may be accessed through the Services.
The Client shall pay the Price for the Licence and/or the Services by bank transfer at sight to Lantek’s bank account as agreed in the relevant Offer, unless otherwise stated.
In the event of non-payment of the Price, the Client shall pay the amount resulting from applying to the Price the legal interest rate or, where applicable, the default interest resulting from the applicable legislation.
In the event of total or partial non-payment of the Price or delay of more than five (5) days from the date on which the payment obligation becomes due, Lantek may, at its sole discretion, cumulatively or alternatively, as appropriate, suspend or terminate the Contract, block the operation of the Software by use of (i) a computer blocking device, (ii) licence management programs and/or (iii) the Hardware Key or a Licence authorisation key; and may claim against the Client for any damage or loss caused by the latter.
1.6. The Price shall not be subject to cancellation, set-off or refund. In addition, in the event of renewal, the price may be increased in accordance with the relevant consumer price index.
Without prejudice to the obligations assumed by the Client in other clauses of these GTC, the Client assumes the following obligations on the date of signing of the Offer during the validity of these GTC and on each date of payment of the Price:
a) You shall cooperate with Lantek in any way necessary to enable Lantek to fulfil its obligations under the Contract. In addition, the Client shall have the Client’s Computer System required for the correct operation of the Software, keeping its servers up to date at all times and complying with the Technical Documentation.
b) Authorises Lantek to update and/or modify the requirements of the Client’s Computer System during the term of the Contract, as published by Lantek on its website: https://www.lantek.com/us/legal
c) The Price for the Licence and/or the Services must be paid.
d) No adaptation or creation of versions or derivative works based on the Software may be made.
e) The Client shall refrain from copying, modifying, reproducing, downloading, or distributing the Software and the corresponding Technical Documentation, without the prior written consent of Lantek and from accessing all or part of the Services and the Technical Documentation to build a product or service that competes with the Software and/or the Services.
f) The Client shall prevent unauthorised access to or use of the Software and/or the Services, and in the event of any unauthorised access or use, will immediately notify Lantek.
g) Unless expressly authorised in writing by Lantek, the Client shall refrain from integrating other computer programs owned by third parties into the Software and from reverse engineering the Software. Failure to comply with this section shall entitle Lantek to block the Software.
h) The Client may not be a Sanctioned Person, nor make use of the Software in Sanctioned Countries, nor take any action that could cause Lantek to be in breach of Sanctions.
i) The Client shall exercise due diligence to prevent third parties from accessing or using the Licence.
j) In the event that the provision of the Service requires the movement of Lantek personnel or a third party designated by Lantek to the Client’s facilities, the Client shall notify Lantek of any potential health or safety risk that may exist; provide and/or recommend safety procedures to be followed at its facilities; allow authorised access to its facilities to Lantek personnel, and make available to them the hardware or Software, as well as the other elements necessary to proceed with the Service.
The Client represents and warrants, on the date of signing the Offer, during the term hereof and on each date of payment of the Price, that:
a) It has full power and authority to complete the Services and, with respect to the signatories to the Contract, that at the time of signing the Contract they are sufficiently empowered to enter into the Contract on its behalf;
b) They are not subject to any restrictions or limitations in its constitutional documents that would prevent you from engaging the Service by obtaining all necessary consents (which remain in full force and effect) in connection with the execution and performance of the Contract;
c) They have been expressly informed that these GTC form an inseparable part of the Offer, being thus reflected in the same, accepting the GTC with the signing of the Offer or acceptance via the web;
d) It conducts its activities in accordance with applicable Sanctions, anti-bribery, anti-money laundering and anti-corruption legislation and maintains policies and procedures designed to promote and achieve compliance with such legislation.
e) You expressly declare that the payment of the Price is an essential condition for the Contract and you are aware and accept that Lantek has the right to block the operation of the Software and no claim may be made for any amount from Lantek for the blocking or for any direct or indirect damage or loss generated by the aforementioned blocking. Lantek may maintain the block until such time as the Client settles in full the amounts owed as the Price.
Lantek undertakes to organise its business activity in accordance with its own guidelines, assuming the risk and the risk of the work of its employees and having at all times a qualified workforce that is responsible for its work. Lantek will be solely responsible for compliance with all laws and legal provisions regarding Social Security, as well as health and safety at work that affect relations with its workers and will have the risk of accidents at work covered either by social security or by an employer’s mutual insurance company. All means used by Lantek must comply with all the requirements established in terms of occupational risk prevention and other legal, regulatory and agreed provisions.
Lantek will be liable for all damages that cannot be excluded or limited by law and will be liable for damages suffered by the Client as a result of any breach of contract due directly to wilful misconduct or gross negligence on the part of Lantek.
In no event shall Lantek be liable for indirect, consequential damages, loss of profits, revenue, business, loss of data on the Client’s Computer System or any other indirect or consequential loss or damage of any nature whatsoever suffered by the Client.
For the appropriate purposes, it is expressly stated for the record that (i) Lantek does not make copies or "back-up” of the Software or of the documents, files or data of the Client’s Computer System; and (ii) the Client will be exclusively responsible for making and/or maintaining said back-up copy, exempting Lantek from all liability for the possible irreversible loss of said information, even when said losses are the result of an error or malfunction of the Software.
For all other damages, Lantek’s total liability for damages (both contractual and non-contractual) shall be limited to the price of the Services provided up to the date on which the damage occurs.
Notwithstanding the foregoing, given that payment of the Price is an essential condition of these GTC, Lantek will not assume any liability for any damages or losses that the Client may suffer in the event of the Software being blocked.
Likewise, Lantek shall not be liable in the event that the Software does not comply with Technical Specifications other than those provided for in the Technical Documentation. In this sense, Lantek only guarantees compliance with said Technical Documentation, and not that the Software is useful or valid for the use that the Client intends to make of it.
Lantek does not guarantee that use by the Client will be uninterrupted or error-free and/or that the Technical Documentation will meet the Client’s requirements.
Furthermore, Lantek is not liable for delays, delivery failures or any other loss or damage arising from the transfer of data via communications networks and facilities, including the Internet. The Client acknowledges that the Software and/or Technical Documentation may be subject to limitations, delays and other problems inherent in the use of these communications facilities.
1.7. The Client undertakes to hold Lantek harmless and indemnify it against any claim, demand, complaint, indemnity, expense or compensation of any nature (including, without limitation, the costs of litigation, preparation thereof, including lawyers’ and solicitors’ fees) which it may have to face as a result of a third party claim. The obligation to indemnify and compensate shall expressly apply in cases where the Manufacturer obtains a Software Licence for implementation on equipment and/or machines owned by Clients.
Lantek will not offer any warranty other than that regulated in this clause.
Lantek must make the modifications, corrections and adjustments to the Software that are necessary to resolve the errors detected by the Client, within a period of ninety (90) days of the date on whichever occurs first: (i) the date on which the Client downloaded the Software, (ii) the date on which Lantek sent the Client the Key, or (iii) the date of the invoice for the Software (“Warranty Period").").
The Client must immediately notify Lantek, in writing and in as much detail as possible, of all operational errors of the Software that occur during the Warranty Period. If the Client does not notify the existence of anomalies during the aforementioned period in an irrefutable manner, it shall be deemed to be in agreement in all respects, waiving, thereafter, any claim.
The warranty granted herein shall lapse and shall not apply if:
a) Non-Lantek personnel carry out modifications or repairs to the Software without prior, express and written authorisation from Lantek.
b) The error in the Software is the cause of a violation of Intellectual Property Rights or any other rights, as a result of any modification introduced by the Client without the express prior consent of Lantek;
c) The Client does not use the Software in accordance with the Technical Documentation or instructions given by Lantek;
d) The Software is used by a third party who is not an employee of the Client;
e) The Client uses or attempts to use the Software on a computer operating environment other than the Client Computer System detailed in Annex V; or,
f) the failure of the Software is due to misuse or negligent use by the Client or any other person not related to the Parties.
Neither Party shall be liable for any delay or failure to perform any obligation resulting from circumstances or causes of force majeure, being any event beyond its reasonable control, unforeseeable, uncontrollable, undesirable and recognised as such by case law including, without limitation, fire or other accidents, natural disasters, epidemics, strikes or labour disputes, war or other acts of violence, or any law, order or requirement by any governmental agency or authority.
When a force majeure event occurs, the affected Party shall take the necessary measures to mitigate its effects and shall inform the other Party describing the factors it faces, the effects and the initial actions taken.
Once the actions to be taken have been agreed and if the situation of force majeure lasts for more than twenty (20) days from the date it was reported, Lantek may terminate the Contract in whole or in part, with the Client being obliged to pay the Price for the Licence and/or the Services effectively provided up to the date of termination.
Lantek will at all times retain ownership of the Intellectual and Industrial Property Rights of the Software and/or the Services within the scope of the Contract.
The Client acknowledges that, by virtue of the Contract, it does not acquire any Intellectual and Industrial Property Rights or any other rights in the Software, apart from the right of use which constitutes the scope of the Licence.
Likewise, the ownership of the results and all the exploitation rights over them shall pertain to Lantek.
For all appropriate purposes, the use of the data retrieval and import functions of the Software is protected by a hardware device called a Hardware Key and a 16-character Software Key. The Keys allow only one copy of the Software to retrieve or import data at a time.
Taking any action with the aim of (i) acquiring data on more than one computer at the same time or otherwise preventing the purpose of the Keys constitutes an infringement of Lantek’s Intellectual and Industrial Property Rights and constitutes a serious breach of the Contract.
It is further stated that the Keys together with the Software have the same value as the Licence, so that in case of loss or theft of the Hardware Key it will not be replaced by another one without prior payment of the Licence Price.
The Parties agree to keep confidential and not to disclose to any third party without the prior written consent of the other Party, any Confidential Information accessed or generated in the course of and pursuant to the Licence and/or the Services, unless:
a) Is in the public domain at the time of disclosure, (i) as a result of information transmitted in good faith by a third party entitled to disclose it, or (ii) for any reason other than a breach of the GTC.
b) Is lawfully within the knowledge of the Receiving Party and can be shown to have been known to the Receiving Party prior to its transmission.
c) Becomes known to the other Party as a result of the transmission of such information by a third party not party to this Contract, with sufficient legitimacy for its free transmission and without being subject to possible limitations arising from confidentiality agreements.
d) Is disclosed pursuant to a court order or other legal or governmental action, or to a request from a judicial or administrative authority legally entitled to compel disclosure, but only to the extent required.
e) The disclosure is approved by written agreement of the other Party.
The Receiving Party shall ensure the restricted circulation of the Confidential Information and shall be responsible for ensuring that this obligation is complied with by all persons having access to the Confidential Information.
The material and Confidential Information provided may only be used for the duration of the Licence and/or during the provision of the Services. At the end of their duration, the Receiving Party shall return to the Providing Party the Confidential Information provided to it by the latter, provided that it is technically and legally possible to do so.
1.8. Nevertheless, Lantek may, for the purpose of internal statistical analysis, as well as to improve the functionalities of the Services and to guarantee an adequate service, use and transmit, in an aggregated and/or anonymised manner, the information that Clients enter or save in the Software, without this implying a breach of this clause.
The obligation of confidentiality contained herein shall survive termination of the Licence and/or the provision of the Services.
The Client may not assign the rights and obligations arising from the Contract with Lantek without the prior written consent of Lantek.
Lantek may cede to third parties or subcontract with third parties any Services that are necessary for the fulfilment of the obligations assumed with regard to the Client.
These GTC shall come into effect with the acceptance of the same by means of the signature of the Offer or, where applicable, by means of acceptance via the web and shall remain in effect as long as the Contract is in effect.
The duration of the contract in "on premise" mode shall be that established in the Offer. In "cloud" mode, the term of the contract shall be linked to the permanence of the Services for as long as the subscription remains active according to the duration and mode contracted.
Renewals shall be automatic in the absence of at least thirty (30) calendar days’ notice of termination by either party.
In addition to the legal causes, the contractual relationship between the Parties shall be terminated for the following reasons:
a) In the event of non-payment of the Price.
b) Unilaterally by Lantek, for the cause of force majeure provided for in section 18.4.
c) For breach by the Client of any of the obligations assumed under the Contract.
d) For the Change of Control in the Client.
e) Unilaterally by Lantek with sixty (60) days’ notice.
Clauses 11 (Liability), 14 (Intellectual and Industrial Property Rights, and 16 (Confidentiality) shall remain in effect.
The effects of the resolution are:
a) The Client shall be obliged to pay Lantek the Price, as well as all expenses incurred by Lantek deriving from the Licence and/or provision of the Services.
b) In the event that the relationship between the Parties terminates for any reason, all rights and obligations hereunder shall cease and remain cancelled. In particular, the Client shall immediately cease to use the Software, and Lantek shall be entitled to delete all data relating to the Client stored on its servers.
Within a period of ten (10) days from the date of termination of the contractual relationship between the Parties, for whatever reason, the Client must ensure the return to Lantek of all copies of the Software in its possession at that time, as well as all Technical Documentation to which it has had access.
The Client must provide reliable certification that it has returned all material relating to the Software that was in its possession on the date of termination of the contractual relationship between the Parties.
https://www.lantek.com/us/legal
The nullity of any of the clauses included in these GTC shall not prejudice the effectiveness and validity of the rest of the clauses, unless the annulled clause is indispensable according to the spirit of the GTC.
To this end, the Parties undertake to agree on a new clause that replaces and is as close in scope as possible to the cancelled clause.
Any notice to be given between the Parties shall be in writing and shall be delivered personally or in any other manner certifying receipt by the notified Party.
Any change of address by one Party shall be notified to the other Party immediately and by a means that ensures receipt of the message.
The waiver by either Party, one or more times, to enforce any of the terms or conditions of these GTC, or to exercise any of the rights or privileges granted by these GTC, shall not be construed as a general waiver of such terms, conditions, rights or privileges, which shall continue in full force and effect as if such waiver had not occurred.
All expenses and taxes that arise as a consequence of the formalisation, fulfilment or termination of the contractual relationship between the Parties, the application of the GTC and the obligations that derive from it will be the responsibility of the Parties according to the applicable legislation.
The Parties agree that the validity, interpretation and performance of these GTC shall be governed by Spanish law.
In the event of any type of discrepancy or difference between the Parties in relation to the existence or content of these GTC, the Parties expressly renounce any other jurisdiction that may correspond to them and submit themselves to the Courts and Tribunals of Vitoria-Gasteiz (Araba-Álava).
ANNEX I - MAINTENANCE SERVICES
1. SCOPE OF APPLICATION
These GTC apply to the Software Maintenance Services under the Slim, Standard, Care, Premium, or Total modality, as established in the corresponding Offer.
The following are not considered to be included in the scope of the Software Maintenance Services:
a) Services made necessary by accident, negligence not attributable to Lantek, improper use, power failure or, in general, by any other cause beyond the scope of the use of the Software in accordance with the relevant technical documentation.
b) The services that are necessary when the cause of the breakdown lies in equipment not covered by these GTC.
c) Supplies of consumables and accessories.
d) Services for the customisation of lists, boxes, windows, triggers and databases
e) Services for database adjustments resulting from software misuse.
f) Software update services if minimum requirements are not met. These requirements are explained in the annual shipment of the latest version of the software.
g) Services for importing data through processes.
h) Services involving the migration of databases or reinstallations on new equipment or servers.
i) Any other service that the Client requires from Lantek as a consequence of:
2. HARDWARE AND SOFTWARE REQUIREMENTS
The hardware and software must comply with the conditions detailed in this clause in order to be eligible for the Software Maintenance Services regulated in this clause.
Hardware, operating system, software and application conditions:
a) The Client must have the hardware elements, the operating system and the programmes and applications that are necessary for the proper functioning of the Software and that are specified in Annex V of these GTC.
b) Lantek reserves the right to verify the status of the aforementioned hardware, operating system, programs and applications. Notwithstanding the foregoing, the Client undertakes to carry out any corrective work necessary to install and maintain the said hardware, operating system, programmes and applications in a good state of conservation during the validity of these GTC.
Software Conditions
a) The Client must have obtained the corresponding licence of use or ownership of the exploitation rights, if any, of the Software, for the version being used.
b) The Software shall not be altered and shall be used in accordance with the Technical Documentation provided by Lantek to the Client for the licence to use the Software.
4. WARRANTY
In addition to the provisions of Clause 12 of the GTC, as far as the Maintenance Service is concerned, the following are not covered by the warranty:
a) Travel and subsistence expenses for staff travelling to the Client’s premises.
b) The maintenance or extension of services or the correction of faults or repairs due to misuse or negligence on the part of the Client, including as misuse the use of the Results for purposes or under conditions not foreseen in their original conception.
c) The costs of components incorporated into the results from non-Lantek suppliers whose warranty conditions and terms have expired.
ANNEX II - TRAINING SERVICES
1. SCOPE OF APPLICATION
The particular conditions set forth herein are applicable to the Training Services, whereby Lantek provides training to the Client’s personnel on the use of the Software. The scope of the Training Services, as well as their mode of delivery, will depend on the package of Training Services contracted by the Client.
2. MODALITIES
The Training Service may be carried out in person or remotely.
3. LIABILITY
Without prejudice to the liability regime provided for in Clause 11. Liability, the Training Services provided for in this Annex II shall be subject to the liability regime regulated in this clause.
The Client undertakes to comply at all times with the Specifications and Technical Documentation provided by Lantek. Likewise, the Client is obliged to comply with any guidelines provided by Lantek during the training sessions, regardless of whether they are given orally or in writing.
Lantek shall be liable for all damages that cannot be excluded or limited by law. In particular, Lantek will be liable for damages suffered by the Client as a result of any breach of contract due directly to wilful misconduct or gross negligence on the part of Lantek.
4. PRICE
The Client shall pay the Price of the Training Services set forth in the Offer, as well as the travel and subsistence expenses of the personnel who go to the Client’s premises and facilities.
ANNEX III - IMPLEMENTATION SERVICES
1. SCOPE OF APPLICATION
The particular conditions set forth herein apply to Software Implementation Services performed (i) directly by Lantek, or (ii) by an authorised installer/distributor). In the event that the authorised installer/distributor performs the Software Implementation work, it must be properly certified.
When so provided in the Offer, the Implementation Services regulated herein shall be accompanied by the work of adapting the Software to the specific characteristics of the Client’s Computer System, in accordance with the technical characteristics and within the term established in the Offer.
2. PRICE, VALUATION AND PAYMENT
The Client shall pay the Price for the Implementation Services provided for in the Offer, in accordance with the terms set out in Clause 7 of the GTC.
The valuation of the Implementation Services shall be carried out with certificates issued according to their progress in relation to the milestones achieved, as established in the Offer. These certificates shall be issued by Lantek on the date established in the Offer for the fulfilment of the milestones. Lantek will send these certificates to the Client for signature as confirmation of the fulfilment of the milestone in question. In the event that the Client wishes to highlight any issue in relation to the fulfilment of such milestone, this must be explicitly demonstrated in writing on the certificate. The signature of the certificate for each milestone will be a necessary prerequisite for (i) Lantek to issue the invoice corresponding to the fulfilment of the aforementioned milestone, and (ii) to continue with the fulfilment of the following milestones. The Client shall sign the certificate for each milestone, except in the case of justified cause.
In the event of default by the Client of any payment obligation under this agreement: Lantek shall be entitled to stop or interrupt the work related to the implementation of the Software until full payment is made of the amounts due. As the payment of the Price is an essential condition of this Contract, the Client shall not be entitled to claim any amount from Lantek either for the cessation or interruption of the Implementation Services or for any direct or indirect damage or loss which may result from the termination or interruption to the Client.
3. IMPLEMENTATION DATE
The Software must be installed for the Client within the period specified in the Offer ("Implementation Date").
In the event that technical difficulties are encountered in the execution of the Contract which are impossible to foresee and which are identified by either Party when detected, the Parties agree to negotiate in good faith an extension of the Implementation Date.
Lantek shall not be liable for a delay in the Software Implementation Date when such delay is due to causes not attributable to Lantek. Therefore, such delay shall not entitle the Client to terminate the Contract or to receive any compensation.
Without prejudice to the foregoing, when the delay is substantial and due to causes attributable to the Client, Lantek shall have the right to terminate the Contract and claim compensation for the work carried out to date, and any additional damages that may have been generated. For these purposes, any delay exceeding sixty (60) days beyond the deadline for the fulfilment of each milestone shall be considered a substantial delay.
On the Implementation Date, upon installation of the Software, the Parties shall accept provisional delivery of the Software. For a period of seven (7) days from the Deployment Date, the Client shall test the Software for proper operation. Once this period has elapsed and the Client has not demonstrated its dissatisfaction in writing to Lantek, the Software shall be considered duly delivered and accepted by the Client. In the event that the Client demonstrates its objection to any of the characteristics of the Software that do not comply with what has been agreed in accordance with the technical conditions provided herein, Lantek will have a reasonable time to remedy the defects reported.
In any case, the Client undertakes to collaborate with Lantek so that the latter can carry out the Software Implementation within the agreed deadlines, providing the human and material resources necessary for this purpose.
Lantek undertakes to deliver the Software user manual and other documents to the Client when the implementation of the software has been completed.
For the purpose of the proper Implementation of the Software, the Client shall appoint a representative with sufficient powers, ability, knowledge and experience to be able to receive the Software. This proxy must be able to sign for projects, parts and reception of the software delivered by Lantek at all times. The decisions of the proxy shall be binding on the Client and all notices sent by or to the proxy shall be deemed to have been validly sent by or to the Client, who shall be bound by the results of the appointed proxy.
4. WARRANTY
Without prejudice to the conditions provided for in the GTC, the warranty of the Implementation Services shall be governed by the conditions regulated in this clause. Lantek shall not be obliged to implement changes, corrections or adjustments to the defective Software or Implementation Services in any of the following circumstances:
a) If the error is caused by an infringement of Intellectual and Industrial Property Rights or any other right, as a result of any change made by the Client to the Software, without the prior express consent of Lantek;
b) If the Client does not use the Software in accordance with the Technical Documents provided by Lantek or the instructions given by Lantek;
c) If the Software is used by a party other than the Client’s employees,
d) If the error is due to misuse or negligence on the part of the Client or any person other than the Parties.
ANNEX IV - SaaS SERVICES
1. USER SUBSCRIPTIONS
Lantek grants the Client a non-exclusive and non-transferable right, which allows Authorised Users to use the SaaS Services and the Technical Documentation during the "Subscription Period”” corresponding to the Initial Subscription Period plus any subsequent renewal periods, exclusively for Client’s internal operations of the Client and subject to the terms and conditions of this Contract.
In relation to Authorised Users, the Client undertakes that:
a) the maximum number of Authorised Users authorised to access and use the SaaS Services and Technical Documentation shall not exceed the number of User Subscriptions purchased at any time;
b) they shall not permit or support any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the former Authorised User shall no longer be entitled to access or use the SaaS Services and/or the Technical Documentation;
Each Authorised User shall retain a secure password for their use of the SaaS Services and the Technical Documentation, that such password shall be changed for security purposes on a regular basis and that each Authorised User shall preserve the confidentiality of their password;
2. ADDITIONAL USER SUBSCRIPTIONS
The Client may, during the Subscription Period, purchase additional permitted user subscriptions and Lantek will grant access to the SaaS Services and Technical Documentation to the additional Authorised Users in accordance with the provisions of this Annex.
If the Client wishes to purchase additional User Subscriptions, the Client must notify Lantek in writing or do so as specified by Lantek, for example, via the proprietary service platform. Lantek will evaluate the request and respond to the Client. If Lantek approves the request, it will activate the additional User Subscriptions within a reasonable time of approval of the Client’s request and the Client shall pay Lantek in accordance with the provisions of the Offer or invoice and if the Client purchases these additional User Subscriptions with the Initial Subscription Period or any renewal period (as applicable) already commenced, these prices will be prorated from the date of activation by Lantek for the remainder of the Initial Subscription Period or any renewal period then in progress (as applicable).
3. SaaS SERVICES
During the Subscription Period, Lantek will provide the Services through a cloud platform owned by third parties and will offer the Technical Documentation to the Client subject to the terms of this Annex.
Lantek will make all commercially reasonable efforts to make the SaaS Services available during working hours, except in the case of scheduled maintenance with sufficient prior notice; and of unscheduled maintenance, provided that Lantek has made reasonable efforts to provide the Client with reasonable advance notice.
Lantek, as part of the Services, will provide the Client with the usual support services in accordance with the information provided by Lantek and in effect at the time the SaaS Services are provided, and which may be modified.
4. LANTEK’S OBLIGATIONS
Lantek undertakes that the SaaS Services will be provided in accordance with the Technical Documentation.
The foregoing undertaking shall not apply in the case of non-conformities caused by use of the SaaS Services contrary to Lantek’s instructions, or by modification or alteration of the SaaS Services by a party other than Lantek or Lantek’s duly authorised contractors or agents. If the SaaS Services do not conform to the above commitment, Lantek, at its own risk, will make commercially reasonable efforts to correct the non-conformity without delay, or will provide the Client with an alternative means of achieving the desired performance. This correction or replacement constitutes the Client’s sole and exclusive remedy for any breach of the commitment provided for in the preceding paragraph. Notwithstanding the above, Lantek:
a) does not warrant that Client’s use of the SaaS Services will be uninterrupted or error-free; or that the SaaS Services, Technical Documentation and/or information obtained by Client through the SaaS Services will meet Client’s requirements; and
b) is not responsible for delays, delivery failures or any other loss or damage arising from the transfer of data over communications networks and facilities, including the Internet, and Client acknowledges that the SaaS Services and Technical Documentation may be subject to limitations, delays and other problems inherent in the use of these communications facilities.
This contract shall not prevent Lantek from entering into similar contracts with third parties, nor from independently developing, using, selling or licensing documentation, products and/or services similar to those supplied under this Annex.
Lantek warrants that it has and will maintain all licences, authorisations and permits necessary for the performance of its obligations under this Annex.
5. OBLIGATIONS OF THE CLIENT
Without prejudice to other obligations of the Client provided for in other clauses of this Annex, the Client:
a) shall provide Lantek with (i) all necessary cooperation in connection with the Contract; and (ii) all necessary access to such information as may be required by Lantek to provide the SaaS Services, including, without limitation, Client Data, secure access information and configuration services;
b) shall perform all other responsibilities of the Client provided for in this Annex in a timely and efficient manner;
c) shall ensure that Authorised Users use the SaaS Services and the Technical Documentation in accordance with the terms and conditions of this Annex and shall be responsible for any breach of the Contract by any Authorised User;
d) shall ensure that its network and systems comply with the relevant specifications provided by Lantek at any time; and
e) shall be solely responsible for the acquisition and maintenance of their network connections and telecommunications links from its systems to Lantek’s data centres, and for all problems, conditions, delays, delivery failures and any other loss or damage arising from or related to the Client’s network connections or telecommunications links or caused by the Internet.
6. PAYMENT
The Client shall pay Lantek the Subscription Prices for User Subscriptions in accordance with the provisions of the Offer and the prices of the support services.
If Lantek has not received payment within thirty (30) calendar days from the due date, and without prejudice to any other rights and remedies of Lantek:
a) Lantek may, without liability to the Client, disable the password, account and access to all or part of the Client’s SaaS Services, and Lantek shall not be obliged to provide any or all of the SaaS Services until the invoice(s) in question are paid; and
b) Interest shall accrue daily on such sums due at an annual rate of [3]% above the legal interest rate in Spain from the due date and shall continue to accrue until paid in full, whether before or after judgement.
Lantek shall be entitled to increase the Subscription Prices, the prices payable for additional User Subscriptions, the prices of the support services payable at the beginning of each Renewal Period with thirty (30) days’ notice to the Client.
ANNEX V - CLIENT’S COMPUTER SYSTEM
HARDWARE AND SOFTWARE REQUIREMENTS
|
Processor |
Intel Core i5 / i7 3 GHz or higher or AMD Phenom II X6 3.3 GHz or higher |
|
Memory |
8 GB |
|
Free hard disk space |
7 GB |
|
Graphics card |
For CAM 3D and CAM 5X, a graphics card with at least 512 MB compatible with DirectX or OpenGL support is recommended |
|
Screen resolution |
1366x768 |
|
Supported operating systems |
Windows® 10 x64 |
|
Supported web browsers |
Microsoft Internet Explorer 11 or higher Microsoft Edge Mozilla Firefox 26 or higher Google Chrome 31 or higher Opera 18 or higher |
|
Other programmes |
Microsoft Office 2016 or higher |
|
DATABASE SERVER: It is necessary to install this software on a dedicated server and create an instance of SQL Server for the exclusive use of Lantek. Requirements may be higher depending on the number of users. |
|
|
Processor |
Intel Xeon® quad-core 3 GHz or higher or AMD Opteron eight core 2.3 GHz or higher A minimum of 4 cores must be allocated for the exclusive use of the Lantek instance |
|
Memory |
16 GB of exclusive use for the Lantek instance |
|
Free hard disk space |
50 GB of exclusive use for the Lantek instance 100 GB for storing system information Hard disk space may be larger depending on the amount of content to be stored |
|
Supported operating systems |
Windows® Server 2016 Windows® Server 2019 Windows® Server 2022 |
|
Supported database servers |
SQL Server 2014 Standard SQL Server 2016 Standard SQL Server 2017 Standard SQL Server 2019 Standard SQL Server 2022 Standard |
|
LANTEK SERVER: This software needs to be installed on a dedicated server. Requirements may be higher depending on the number of users. |
|
|
Processor |
Intel Xeon® quad-core 3 GHz or higher or AMD Opteron eight core 2.3 GHz or higher |
|
Memory |
8 GB |
|
Free hard disk space |
20 GB Hard disk space may be larger depending on the amount of content to be stored |
|
Supported operating systems |
Windows® Server 2016 Windows® Server 2019 Windows® Server 2022 |
|
OTHER GENERAL REQUIREMENTS
|
At LANTEK SHEET METAL SOLUTIONS, S.L.U. we care about the personal data that we process and complying fully with the current regulation on personal data protection, among others, Regulation (EU) 2016/679 of the European Parliament and Council of the 27th of April, 2016, on the protection of natural persons regarding the processing of personal data and the free circulation of said data, repealing Directive 95/46/CE and Organic Law 3/2018 of the 5th of December, on Personal Data Protection and guarantee of digital rights.
Accordingly, we inform you about the following issues regarding the personal data processing carried out by LANTEK SHEET METAL SOLUTIONS, S.L.U:
Identity: LANTEK SHEET METAL SOLUTIONS, S.L.
TAX ID NUMBER: B01395698
Postal address: Calle Ferdinand Zeppelin, nº 2
01510 de Miñano (Álava).
Telephone: +34 945 771 700
Email: info@lantek.es
Data Protection Officer contact details: dpo@lantek.es.
Nonetheless, and as applicable, they may also be responsible for the processing of data collected through this website and/or others, domains, subdomains and landing pages, both the company mentioned above and other subsidiaries of the Group: Lantek Systèmes, SARL (Lantek France), Lantek Systemtechnik GmbH (Lantek Germany), Lantek Systems, Ltd. (Lantek, UK), Lantek Systems, Inc. (Lantek, USA), Lantek México, S.A de C.V., Lantek Polska Sp. Zoo., Lantek Yazilim Ticaret Ltd. Sti (Lantek Turkey), Lantek Automation Private, Limited, Inc (Lantek India), Lantek Netherlands B.V., Lantek System Korea LLC, Lantek Shanghai Trading Co Ltd (Lantek China) and Lantek Middle East (FZE).
This privacy policy will also apply to the websites, domains, subdomains and landing pages of the aforementioned companies.
Hereinafter, reference to LANTEK will be understood to include LANTEK SHEET METAL SOLUTIONS, S.L.U. and any of the other Group’s companies mentioned.
The processing of personal data complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter, GDPR):
On this website, we have created several forms to gather data for different purposes. The categories of personal data that we gather on this website are:
All personal data requested on each of the forms is mandatory. Subsequently, if the user fails to provide any of said information we will not be able to attend to their request and, therefore, we will not be able to meet the purpose associated with each different form.
No personal data is collected that is classified by the General Data Protection Regulation under special categories of data (ethnic or racial origin, political opinions, religious or philosophical convictions, trade union membership, genetic data, biometric data for the specific identification of a natural person, data relating to health or data relating to sexual life or sexual orientation) or data relating to criminal convictions and offences.
Equally, cookies collect information about how users use the website, the pages visited, origin, geographical location, IP addresses, although such information will be collected in an aggregated manner, that is, without identifying users. To find out about the cookies used, consult the Cookies policy.
HubSpot is used to manage the sending of the Lantek magazine and newsletter, using this service implies the provider of said service installing devices for monitoring the activity of the recipients during said communication, in order to monitor the opening of emails and the clicking on links in emails, and to use the information collected to draw up campaign follow-up reports.
Client data: to manage the appropriate maintenance, development, fulfilment and monitoring of the contractual relationship with clients and provision of the requested services.
Furthermore, we will use identification and contact data to carry out satisfaction surveys and to send, by electronic means or otherwise, technical, operational and/or commercial information about news, our products and services and those of other companies of the Lantek Group.
Regarding this type of communication, you are informed that, in order to manage in a more efficient, dynamic and operational way and achieve better control of the commercial communications that we send by email, we use HubSpot, a platform developed by HubSpot, Inc., a company acting as processing controller and which, despite being outside of the European Union and the European Economic Area, the international transfer of data involved in its use also has the appropriate guarantees referred to in Article 46.2 c) of the General Data Protection Regulation (standard contractual clauses adopted by the European Commission).
In this sense, you are informed that the use of this service implies the provider installing devices for monitoring the activity of recipients during said communication, in order to monitor the opening of emails and the clicking on links in emails, and to use the information collected to draw up campaign follow-up reports.
Potential client data: to perform commercial prospecting, management of quotes and commercial offers, follow-up of these and to manage client acquisition tasks.
Supplier data: to manage the appropriate maintenance, development, fulfilment and monitoring of the contractual relationship with our suppliers and the services they provide us with.
Staff data: for appropriate maintenance, development, compliance and monitoring of the contractual relationship with our employees, as well as compliance with current Labor, Social Security and Occupational Risk Prevention regulations that may be applicable.
Candidate data: to manage the participation of those interested in recruitment processes carried out by the company itself and other Lantek Group companies. This means that when a candidate submits a CV to Lantek Sheet Metal Solutions, S.L.U. this will be used to manage their participation in both the recruitment processes carried out by this company and other companies of the Lantek Group, identified in the data controller section.
Visitor control data: to monitor the entry and exit of visitors from the company’s premises for security reasons.
Data gathered via the registration and magazine request form: to manage the sending of the Lantek magazine and, subsequently, users’ subscription to our newsletter and the sending, via email, of newsletters or bulletins with information about the company, our products, services, news, articles, offers or promotions as well as other commercial content that may be of interest.
As mentioned above, regarding this type of communication, you are informed that, in order to manage in a more efficient, dynamic and operational way and achieve better control of the information communications that we send by email, we use HubSpot, a platform developed by HubSpot, Inc., a company acting as processing controller and which, despite being outside of the European Union and the European Economic Area, the international transfer of data involved in its use also has the appropriate guarantees referred to in Article 46.2 c) of the General Data Protection Regulation (standard contractual clauses adopted by the European Commission).
In this sense, you are informed that the use of this service implies the provider installing devices for monitoring the activity of recipients during said communication, in order to monitor the opening of emails and the clicking on links in emails, and to use the information collected to draw up campaign follow-up reports.
Data collected through the contact form: to manage and respond to queries and requests for information or services requested through this form.
Data gathered via the member registration form: to register you need to be in possession of a license for one of Lantek’s products, members’ personal data will be used to manage their registration and provide them, through the private area, with different functionalities related to said registration, such as (including but not limited to) monitoring of software incidents, plant indicators of machines with Lantek software, manuals, training or subscription to new applications.
Client data: the legal basis that legitimizes the processing of your personal data is that it is necessary in order to execute the contract of which you are a party.
As for satisfaction surveys and the sending of commercial information belonging to this company or others in the Lantek Group, the legal basis that legitimizes said processing is that it is necessary in order to satisfy legitimate interests pursued by the data controller and/or third parties (other companies in the Lantek Group) in accordance with article 6.1. f) of the GDPR. This will be without prejudice to the possibility of the data subject objecting to the sending of said commercial information.
Potential client data: the legal basis that legitimizes the processing of your personal data is that it is necessary in order to execute the pre-contractual and commercial relations between both companies.
Supplier data: the legal basis that legitimizes the processing of suppliers’ personal data is that it is necessary in order to execute the contract of which they are a party.
Staff data: the legal basis that legitimizes the processing of workers’ personal data is that it is necessary in order to execute the employment contract between the company and its workers.
Candidate data: the legal basis that legitimizes the processing of the personal data of the interested parties is the consent they give by providing us with their CV in order to participate in the staff selection processes that we carry out.
Visit control data: the legal basis that legitimizes the processing of personal data provided to us by the people who access our facilities is that it is necessary in order to satisfy our legitimate interest in monitoring entry and exit to the facilities, for security reasons.
Data gathered via the registration and magazine request form: the legal basis that legitimizes the processing of personal data provided by interested parties upon filling in the form is the consent given when registering to receive the Lantek magazine and subscribe to our newsletter and, therefore, said processing is necessary in order to attend and respond to the magazine request and the subsequent subscription.
Data collected through the contact form: the legal basis for the processing of personal data provided by interested parties when filling in the form is the consent given when contacting us using this form and the consequent need for such processing in order to attend and respond to the query or contact received.
Data received via the member registration form: to register you need to be in possession of a Lantek software license, the legal basis that legitimizes the processing of your personal data is that it is necessary in order to execute the user license agreement in which you are a party as well as the consent given when requesting registration.
All the personal data that we process at LANTEK is provided by the data subjects themselves or their legal representatives.
The personal data that we collect through this website has been collected through the different available forms or through the e-mail address provided to establish contact with us.
The personal data requested via the forms is necessary in order to fulfil the purposes corresponding to each of them. It is therefore mandatory to provide all requested information, if not, we will not be able to meet the purpose stated.
The personal data of clients, suppliers and employees will be communicated, where appropriate, to the tax authorities for compliance with legal and tax obligations, as well as to the financial entities through which Lantek manages its incoming payments (for clients) and outgoing payments (for suppliers and employees).
The personal data of customers, potential customers, suppliers, employees and candidates may be communicated to other companies of the Lantek business group for internal administrative purposes, though in the case of the newsletter and the contact form personal data may be communicated to other Group companies to respond to a request or to send requested information. This will depend in each case on the company that has to manage the request or sending of the information. These potential transferees may be any of the Lantek Group companies listed in the final paragraph of the section "Who is the data controller?" of this privacy policy.
In the rest of the processing, the data will not be communicated to third parties unless it is necessary for the fulfilment of legal obligations.
In addition to this, for some other matters, we also use third party services, which act as data controllers and with whom we have signed the corresponding data processing contract in accordance with the stipulations in article 28.3 of the GDPR.
For some information management matters we use the services of third parties (such as, for example, Microsoft Corporation), companies that act as data controllers and for which, despite being outside the European Union and the European Economic Area, the international transfer of data involved in using said services has the appropriate guarantees referred to in Article 46.2 c) of the General Data Protection Regulation (standard contractual clauses adopted by the European Commission).
Equally, as mentioned above, in order to manage in a more efficient, dynamic and operational way and achieve better control of the information communications that we send by email, we use HubSpot, a platform developed by HubSpot, Inc., a company acting as processing controller and which, despite being outside of the European Union and the European Economic Area, the international transfer of data involved in its use also has the appropriate guarantees referred to in Article 46.2 c) of the General Data Protection Regulation (standard contractual clauses adopted by the European Commission).
In this sense, you are informed that the use of this service implies the provider installing devices for monitoring the activity of recipients during said communication, in order to monitor the opening of emails and the clicking on links in emails, and to use the information collected to draw up campaign follow-up reports.
In any case, given that LANTEK is present in different countries around the world, it is possible that, if deemed necessary by the client’s request, international data transfers will be made to the necessary Group company in order to attend to that request. In such a case, these transfers take place under the guarantees stipulated by the General Data Protection Regulation, either because of an adequacy decision by the European Commission, or because there are standard contractual clauses or, where applicable, binding corporate rules.
Client, supplier and employee data: the personal data will be kept during the validity period of the corresponding contractual relationship and, once this is complete, for as long as necessary in order to comply with any legal obligations.
In relation to the sending of commercial information to clients, their personal identifying and contact data will be kept until they express their opposition to this end.
Potential customer data: in this case and to the extent that periodic contacts are made with potential customers to carry out the appropriate commercial follow-up, their personal data will be kept until the moment they sign a service provision contract or, as the case may be, until consent is withdrawn.
Candidate data: the personal data of candidates will be kept for a maximum period of two years.
Visitor control data: the personal data of visitors will be kept for a maximum period of two months.
Data gathered via the registration and magazine request form: the personal data that we are provided with will be kept as long as the interested parties do not revoke their consent by requesting the cancelation of their subscription.
Data collected through the contact form: the personal data provided by users when filling in this form will be kept only while managing the requests and queries made to us in such a way that, once the process is complete, this data will be deleted.
Data gathered via the member registration form: given that a Lantek product license is required in order to register, members’ personal data will be used during the membership period or, where appropriate, until the interested party requests the cancellation of their membership. Subsequently, the personal data will be kept for as long as necessary in order to comply with legal obligations.
Data of our social media profile users: the storage period for personal data belonging to our followers on social media depends on the policies of each social media site, although we will only process this data until these users stop following us.
How to exercise your data protection rights: to exercise your rights, send a written request to LANTEK SHEET METAL SOLUTIONS, S.L.U., Calle Ferdinand Zeppelin, no. 2 C.P. 01510, Miñano (Álava) or send an email to dpo@lantek.es, enclosing or attaching a photocopy of your national ID document.
LANTEK will respond to all requests within the terms and conditions required by current regulations on personal data protection.
How to file a complaint with the Spanish Data Protection Agency: if you feel that we have not adequately processed your personal data or that we have not duly attended to your wish to exercise your data protection rights, you can file a complaint with the Spanish Data Protection Agency, either through its electronic headquarters or by writing to them at: Calle Jorge Juan, no. 6, C.P. 28001, Madrid.
More information about data protection rights and claims to the Supervisory Authority at www.aepd.es
In accordance with the provisions of article 32 of the GDPR, LANTEK has adopted the appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
In order to assess the appropriate level of risk, particular attention has been given to the risks presented by data processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed.
LANTEK has taken measures to ensure that any person acting under its respective authority who has access to personal data provided by users, may only process the data following the company’s instructions, and must also maintain the corresponding professional secrecy of the data for an indefinite period of time.
To this end, our employees have signed a document of confidentiality and duty of secrecy with respect to the information and personal data they process as part of their employment relationship with the company.
We ask users to read the policies on the use of the website by minors that we have published in the "Legal Notice" of our website.
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Date of text: 26th of February, 2021