Terms & Conditions
Last update: 9th. April, 2021
The present general terms and conditions (hereinafter ‘Terms and Conditions’) regulate the access, services and platforms offered and developed by Genomcore a registered trademark of Genomcore, S.L. (hereinafter ‘Genomcore’, ‘We’ or ‘Us’), with CIF B66452160 (VAT number), registered in the Mercantile Registry of Barcelona, in volume 44.742 folio 201, page B-465.064, inscription 1, with registered office in Carrer La Riba 36, 08950 Esplugues de Llobregat (Spain), contact details as listed at the end of these Terms and Conditions.
These Terms and Conditions will apply to visitors of https://genomcore.com or any of its pages (hereinafter, ‘Website’), to users who have downloaded our mobile application (hereinafter, ‘App’), to users who have registered for our information services or to clients who have hired our services or license to use the platform developed by Genomcore (hereinafter, “Platform”).
The Platform is aimed to provide services for corporate organizations or legal entities (hereinafter, “Client” or “Clients”) with legal capacity to enter into a service contract agreement (hereinafter, “Service”).
During the term of the Service, Clients might authorize access to third parties. By accessing the Platform, the person will be regarded as user (hereinafter, “User” or “Users”). The User agree to read these Terms and Conditions and are bound by them without variation. If the User do not agree with these Terms and Conditions, he or she must abandon the Platform immediately.
1. General information
The Plataform is property of Genomcore, S.L., a company constituted under the laws of Spain, with CIF (VAT number) B66452160 registered in the Mercantile Registry of Barcelona, in volume 44.742, folio 201, page B-465.064, inscription 1, with registered office in Carrer La Riba 36, 08950 Esplugues de Llobregat (Spain), and contact details as listed at the end of these Terms and Conditions.
These Terms and Conditions have immediate validity. Genomcore reserves the right to modify the layout and content of the Website at any time, including these Terms and Conditions. Genomcore will give to its Clients a 30-days-prior notice, if such changes are relevant, who might communicate as well these changes to its own Users.
These Terms and Conditions could be complemented or replaced by particular conditions of use (Hereinafter, “Particular Conditions”). In such case, the Particular Conditions will prevail over these Terms and Conditions. If the User continues to use the Service after any modification/s of these Terms and Conditions or Particular Conditions, it will imply the agreement with such modification/s. Otherwise, the User may request the Client to delete the User account. If the Client does not agree with the changes made on the Terms and Conditions and/or the Particular Conditions, he or she will have a period of 30 days since the notification of such changes to request the cancellation of the Service, unless otherwise stipulated under the Particular Conditions.
Failure to comply with any of these Terms and Conditions or Particular Conditions, may result in cancellation of the Service and/or claim for damages. The User can always consult the most recent version of the Terms and Conditions.
2. About the Platform and Service
The main aim of the Service is to provide the User access to the Platform for a limited period of time, in order to collect, store, transform, analyse and process data, especially health or biological data, as well as support, management or development associated to it.
In order to access the Platform, the User must be associated to an active Client’s account. The Client will be responsible for paying for the Service, which will be stated under the Particular Conditions.
In order to access the Platform and/or use the Services, the User must have an updated computer device, with internet connection (which might have service fees associated to such access) and an updated web browser supporting the latest versions of HTML, JavaScript and CSS. The Platform has been tested with the latest web browsers version of Edge, Firefox, Chrome and Safari and might not work with different web browsers. The User is solely responsible for paying the internet connection fees and providing with the necessary equipment. The User understands that the Platform can be updated from time to time, adopting new better versions or programmes. The User must accept such modifications that will be part of the Service, in order to improve the Service.
The access to the Platform and use of the Service is available online through online browsers ad/or mobile applications through cloud-computing technology. The User can access the Platform through any compatible device, including mobile devices with stable internet access.
Prior to purchasing the Service, the Client acknowledges and accepts the Platform’s characteristics, way of operating and use, and finds it satisfactory and suitable for his or her intended use. Genomcore does not guarantee the Client any final result.
The license to use the Platform is limited to the purposes described in these Terms and Conditions, and it is marketed inseparable from the Service. The license to use the Platform will end when the Service expires.
The license to use the Platform is non-transferable, meaning that the Client may not transfer, lease, sublicense, sublease or rent the License to third-parties, organizations or any other entities, either totally or partially, including the technical information of the Platform that the Client or User may have received due to the Service. The Client can request a license extension allowing the sublicense of the Platform. Such request shall be made explicitly to Genomcore in writing through the Client’s usual contact person or through email to sales@genomcore.com. The special conditions of said sub-license must be agreed and established under the Particular Conditions.
3. Access to the Platform and credentials
The Client will be provided with one ore more logical entities with a limited use within the Platform (Hereinafter, the “Organization”), as well as a User with unlimited access within such Organization (Hereinafter, “Administrator”), identified with an email and password, which must be personal and non-transferable, and changed in the first access to the Platform. The Administrator may assign a limited number of new User accounts to other natural persons.
The Client and/or the Administrator shall be responsible for assigning each User the permissions that legally and technically correspond in order to use the Platform. Genomcore is not liable for (i) any damages arising from the inappropriate assignment of permits; or (ii) any damages that might arise from losing or compromising the credentials. The Client as well as the Users associated to the Client’s Organization, are solely responsible for all usage or activity through the Platform. The Client shall be responsible for obtaining any and all permits and other proper authorization required to operate its business.
Each User is responsible for its account (including username and password), which must be kept private, non-transferable and must be used in compliance with these Terms and Conditions and/or Particular Conditions.
If the User detects the loss or theft of credentials, or has a reasonable suspition that a third-party might have access to the Platform, the User must give notice to the Administrator’s Organization in order to take the appropriate technical and security measures to prevent any unauthorized access. The Administrator must give notice to Genomcore’s Security Manager with any undue delay.
The Platform can be accessed through Application Programming Interfaces (API). In such cases, the User is authenticated through an API key that must kept private and confidential. The access through API key will be regarded as the access through regular credentials.
4. Characteristics of the Service
The specifications and functionalities of the Platform are available at different Modules. Access, availability and fees of such Modules are specified under the Particular Conditions. On a regular basis, the Service includes:
Basic features (always-on):
A limited and non-exclusive License to the Client to use the Platform.
Management of Users, Projects and Organizations.
DATA module: private and secure file storage, ensuring privacy, availability and integrity, and share function.
RECORDS/STUDIES module: a flexible and configurable database records using annotation templates, which can be added, modified and deleted by the User.
The necessary Cloud-computing resources for the functioning of the Service.
Basic customer training (1-hour session with an expert)
Basic technical support (first reply within the first 48 hours, from Monday to Friday 9am – 6pm CET – except Barcelona public holidays calendar).
Optional:
TASKS module: creation, execution and control of applications and high-performance analysis processes through ubiquitous systems.
VARIANTS module: annotation, classification and visualization of genetic variants.
FRONTDESK module: create external Users, with limited access to the Platform to lookup results, questionnaires and a notification system.
Additional:
Tailor-made training
Preferential technical support
Service Level Agreement
White-label mobile application (iOS, Android) for the FRONTDESK module.
Integration of data, tools, workflows.
Integration of external data centers for processing, local or cloud-based.
Tailor-made developments.
Any other service.
Genomcore reserves the right to modify the Service features in order to improve current functionalities, add new functionalities, improve the user interface, improve the general performance of the Platform or any action related to the Platform’s security or stability. Such changes shall not be regarded as essential changes. Therefore, the Client shall not invoke such changes to breach the obligations under these Terms and Conditions.
Unless special conditions under the Particular Conditions, Genomcore acknowledges that its Service is offered under the fair usage premise. The modules and Platform capabilities have been designed for a normal use according to the needs specified by the Client when purchasing the Service. If We notice a wrongful or abusive use of the Platform’s functionalities that might lead to an economic loss or put at risk the Platform’s availability for other Users, We reserve the right to restrict such functionalities and/or terminate the Particular Conditions and/or Terms and Conditions with the Client and/or User.
5. Intellectual Property
The intellectual property of all the elements that are part of the Platform, its source code, design, structure, technology, and other elements, its improvements and updates, are property of (i) Genomcore; or of (ii) third parties who have given to Genomcore the rights of use and exploitation. All the Platform elements are protected by Industrial and Intellectual property laws. Hence, the reproduction, distribution, public communication and transformation of such elements are forbidden beyond the limits provided herein.
By purchasing the Service, Genomcore grants to the Client a non-transferable and non-exclusive license to use the Platform through Internet, in compliance with the European Union legislation. The purpose, length of the Service and other restraints must be subject to these Terms and Conditions and/or Particular Conditions. The Client and the User must comply with such provisions.
The Client declares to have the legal permissions or authorizations to store and/or process the data uploaded to the Platform. Such data might include, but is not limited to, biological data, photographs, images, texts and annotations (hereinafter, the “Information Assets”) that are published, sent or provided through the Platform. The Client guarantees that the usage of the Information Assets through the Platform do not infringe third-party rights. The Client is solely responsible and must ensure that the Users under the Client’s Organization comply with the provisions described herein.
The Client declares being the author (or having the legal authorization from the owner) of the tools, algorithm or software (hereinafter, the “Logical Code”) that are executed or integrated on the Platform, being the Platform a simple means of execution. The Client will not have any right to use or distribute the Logic Code to third parties that is not directly licensed by Genomcore. The Client is responsible for communicating this restriction to the Users of his Organization.
Under some circumstances, Genomcore might make available to the Client or User pieces of Logical Code that are not a fundamental part of the Service or Modules. This includes algorithms, support tools, external scripts enabling the the entry of data or integrations with external services. The availability of such Logical Code will be regarded as a license of use limited to the length of the Service provision, not covered by the provisions of these Terms and Conditions, unless otherwise stipulated under the Particular Conditions.
The intellectual property and the legal responsibility of the Information Assets and Logical Code uploaded to the Platform by the Client and/or Users are exclusive property of the Client, who might consider the different use cases, not covered under these Terms and Conditions.
The brands, name, symbol, logos published on the Platform are property of Genomcore or third party licensors. The User will not carry out or allow any action that may be detrimental or reduce the value or validity of Genomcore’s industrial and intellectual property rights.
6. Warranties
Unless otherwise stipulated in the Special Conditions, the servers that store data on the Platform are located in the European Union and are subject to the European legislation. Such servers are owned by Genomcore or by third parties that have entered into contractual agreements wth Genomcore.
Genomcore guarantees the proper functioning of the Platform, except force majeure, accident, abuse or inappropriate use on behalf of the User, incidents, interferences provoked by third-parties or computer equipment maintenance. If the Platform has an error that is not a consequence of the aforementioned, Genomcore undertakes to resolve the error as soon as possible.
Genomcore shall have no responsibility or liability for any damages allegedly arising from the use or lack of use of the Platform, directly or indirectly, inclusing work interruptions, loss of data, loss of profit as a result of the use of the Platform. Genomcore shall not be liable for any warranty or representation made by third-parties without prior written and explicit authorization. At the Client’s request, the parties may enter into a Service Level Agremeent, guaranteeing a minimum availability or any additional guarantees. The Service Level Agreement must be agreed in the Particular Conditions.
Genomcore shall not be liable for the content that the Client and/or Users store on Genomcore’s Platform and/or servers. The Client agrees to hold Genomcore harmless from any claim that may be brought against the Client and/or its Users.
7. Confidentiality
Genomcore, the Client and the Users undertake not to disclose any communications, accounting or financial information, technological, commercial and/or industrial features obtained or provided during the Service execution. Genomcore, the Client and the Users will take all the necessary steps to preserve the confidentiality of the data.
For the purpose of these Terms and Conditions, confidential information shall mean any information exchanged by the parties within the negotiation and execution of the Service. The confidentiality obligations shall not apply, however, to any information which: (i) is at the time of disclosure already publicly available; or (ii) is required to be disclosed by law or the rules of any governmental organization, provided that written notice of such judicial action was given to the disclosing party and that the receiving party fully cooperates with the disclosing party in seeking confidential treatment for such disclosure. The Client shall require its Users, in similar terms to those provided herein, to respect the confidentiality obligation established within the framework of the Service.
8. Personal Data Protection
8.1. General provisions
The personal data provided to Genomcore will be used to provide the Service, as well as for quality control purposes, such as analysing web browsing data and use of the Platform.
The legal grounds for processing personal data are: (i) the processing is necessary to perform the Services requested by the Client; (ii) Genomcore’s legitimate interest in contacting the Users to resolve incidences, conduct security audits or controls with the purpose of offering a better Service. The Client undertakes to notify of the content of this clause to its Users, employees and/or third-parties, which may hold personal data.
The personal data provided to Genomcore or processed to the Platform will not be disclosed to ant third party except in the following very limited circumstances: to the public administration to comply with legal obligations, financial institutions managing receipts and payments, telecommunications and SaaS (software-as-a-service) providers such as electronic communication providers, hosting, CRM, and other vendors such as attorneys, accountants and auditors.
Genomcore may transfer personal data to sub-processors located in the United States of America, based on the European Union Commission model clauses governing the transfer of personal data.
The personal data will be kept while the contractual relationship in force is maintained, or during the legally established periods.
The data subject has a right to access, rectification, cancellation, opposition, portability, deletion. To exercise any of the aforementioned rights the data subject must email dpo@genomcore.com or in writing addressed to Genomcore S.L., Carrer La Riba 36, 08950 Esplugues de Llobregat, Barcelona. The failure to provide the requested information shall mean the failure to execute or comply with these Terms and Conditions. The data subject has the right to lodge a complaint with the Spanish supervisory authority.
The type of personal data processed by Genomcore as data controller is, as follows:
Identification data
Employment information
Platform usage data
The categories of data subjects are, as follows:
Clients
Users
8.2. Genomcore’s rights and duties as data processor
Due to the Platform’s nature, the Client may store or process personal data through the Platform as data controller to which Genomcore will access as data processor, in order to provide the Service. The Client must have the consent from the data subject. For all purposes, the Client will be regarded data controller in terms of the GDPR, keeping Genomore harmless from any claim regarding such data.
If the Client uses the FRONTDESK Module in the Platform, which allows the registration of external users, the Client must inform these external users that their data will be processed by Genomcore S.L. within the context of the Service through the Platform, and that Genomcore might contact the external user for Service-related purposes, technical support, quality control, security audits and/or legal obligations.
The relationship between the Client (as data controller) and Genomcore (as data processor) is governed under these Terms and Conditions in compliance with article 28.3 from the EU general data protection regulation 2016/679 (Hereinafter, the “GDPR”), and with the aim of ensuring protection and security of personal data. Genomcore, the data processor, shall process personal data on behalf and in accordance with the instructions of the Client, the data controller. Genomcore ensures that the persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Genomcore, as data processor, may contract a third-parties to carry out specific processing activities on behalf of the controller, in accordance with the article 28.4 from the GDPR. Hence, Genomcore (data processor) may use sub-processors to carry out certain processing activities on behalf of the Client (data controller). Genomcore shall impose subprocessors the same data protection obligations as those stipulated in this clause, ensuring the implementation of appropriate technical and organizational measures in such a way that the processing complies with the provisions of the GDPR. If the sub-processor fails to comply with the data protection obligations, Genomcore shall remain liable for the sub-processor’s non-compliance.
Genomcore must comply with the following provisions:
Process the personal data in accordance with the Client’s documented instructions, including with regard to transfers of personal data to a third country unless required to do so by Union or Member State. In such case, Genomcore will inform, prior to the processing, of such legal requirement, unless prohibit by law due to public interest reasons.
Ensure that the persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Take all measures required pursuant to the article 32 of the GDPR.
taking into account the nature of the processing, assist the Client (data controller), by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Client’s obligation to respond to requests for exercising the data subject’s rights. Genomcore must notify the Client through the email specified in the Particular Conditions. The communication must be made immediately and no later than the working day following the receipt of the request, togheter with the information that might be relevant to meet the request.
assist the Client in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR.
makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in the article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Client or another auditor mandated by the Client.
immediately inform the Client if, in its opinion, an instruction infringes the GDPR or other Union or Member State data protection provisions.
comply with any other obligation regarding the applicable data protection regulations.
notify to the Client’s email, without undue delay within a period of 48 business hours, of any security breach of which it becomes aware, together with all the relevant information in order to document, resolve and communicate the incident.
Genomcore declares that it has the knowledge and experience to comply with the obligations arising from these provisions and the economic, technical and human resources.
Genomcore is liable to the Customer in respect to those damages and losses attributable to the Client that are caused as a consequence of a breach of the obligations this provision “Genomcore’s rights and duties as data processor”.
8.3 Client’s rights and duties as data controller
The Client, where acting as data controller, shall comply with the following provisions:
deliver or allow the data controller access to the data in order to provide the Services
obtain the permit or consent from the data subject to store his/her personal data on the Platform.
do not send, analyse or share personal data that the Client is not allowed to, within the context of the Service provision
where necessary, conduct a Data Protection Impact Assessment of processing carried out on behalf of the Processor
do not infringe rights of third parties, including rights of privacy, publicity, copying, trademark or intellectual property
where necessary, carry out the prior consultations
ensure, prior to and throughout the processing, that the Processor complies with the GDPR
supervise the processing, aincluding inspections and audits.
8.4. Third-party technology platforms
In some cases, Genomcore provides part of its Service through third-party technology platforms such as the App Store / Google Play application stores content platforms such as Youtube or hosting services that may collect and analyze technical information about the User’s device or browser in order to provide software updates, product support or other services that are out of Genomcore’s control. In such cases, Genomcore operates as a licensee and does not allow the transfer of the User’s identification data. Therefore, the owner o such third-party platform is responsible for informing the User about the terms in which this information is processed.
9. Information Security
Genomcore has decided to implement a Security Policy (available at Security policy – Genomcore ) Clients and Users declare to be aware of. Genomcore informs its Clients and Users that implements the protocols and controls set forth in the ISO 27001, 27017 and 27018 standards and that its employees have been trained to ensure Information Security, and to train Clients and Users for this purpose.
9.1. Backups copies
Genomcore implements a back-up policy for the files stored on the Platform (DATA module). Genomcore makes an incremental copy of all files on a daily basis, with a retention policy of at least 90 days and a maximum recovery time of 12 hours.
The back-up data is stored encrypted in a different location than the primary source, but always within the EU protection framework and under GDPR regulation, which may vary depending on the location of the data centre used by the User and or Client and other security criteria.
Regarding the data stored in databases (modules RECORDS, STUDIES, VARIANTS…), backup copies are made, as follows:
Hourly backup copy (2-day holding period)
Daily backup copy (7-day holding period)
Weekly backup copy (1-month holding period)
Monthly backup copy (13-month holding period)
If a complete recovery of the database is required, the recovery time will less than 10 minutes.
In the event of failure or other catastrophic events, Genomcore will recover the data of its Users and Clients. However, a partial or specific recovery at the Client’s request that is not due to Genomcore (e.g., User errors) may require a manual recovery with additional costs.
9.2. System Clock Synchronisation
Genomcore’s server clocks are synchronised through the Network Time Protocol (NTP) with a pool of public servers available at pool.ntp.org: the internet cluster of ntp servers , a virtual cluster of timeservers providing a reliable and easy NTP service for tens of millions of users around the world. You can find more information about this service and how to set your devices at
pool.ntp.org: the internet cluster of ntp servers
The Genomcore servers have set their timezone to GMT/UTC. Notwithstanding, when possible, Genomcore will display in the web interfaces the User’s local time zone set in their browser, converting the server time. The text logs available on the Platform will display the server’s time, and not necessarily the local time.
9.3. Monitoring and Evidence Gathering
Genomcore tracks the status of the different elements used on the Platform and keeps records of the User’s actions. In Platform modules these actions are displayed at a relevant setting (e.g., in the file modification or Task execution log). The retention period for these records is at least 12 months.
Should the Client require, as part of an Information security investigation, a more detailed activity report than the report available through the Platform Genomcore may provide such information as long as it does not require an excessive effort on behalf of Genomcore’s employees, in which case a taylored project will be budgeted.
10. Liability
The Client shall be liable for any third-party claims or damages arising from the usage of the Platform or Service. The Client shall hold Genomcore harmless from all claims, damages and profit loss, liabilities, costs and expenses (including, without limitations, reasonable attorneys’ fees and other legal expenses) that might arise from them and, will compensate Genomcore for any infringement or malicious actions executed through the Platform that may represent a reputational or technical risk.
The only exception to the aforementioned shall be when the claim is based on an Platform error which is directly imputable to Genomcore, in which case Genomcore will assume the damages directly attributable to the error quantified in a maximum amount that under no circumstances will exceed the total amounts payed to Genomcore by the Client in the last three months.
Under no circumstances, shall Genomcore be liable to the Client for any damages or losses arising to the Client and/or User as a result of the execution of these Terms and Conditions, nor shall Genomcore be liable to the Client for any business expectations that the Client and/or User may have by virtue of these General Terms and Conditions, Particular Terms and Conditions and Service Level Agreement.
11. Force majeure
Genomcore shall not be liable for any delay or failure to its obligations under these General Conditions, Specific Conditions or Service Level Agreement, if such delay or failure to perform is due to force majeure. Force majeure includes, but is not limited to, the following: acts of war, local or foreign regulatory orders, fires, floods, accidents, machinery breakdown, general lack of supplies in the area, quarantines, strikes, lock-outs and other labour difficulties, as well as any circumstance outside the scope of Genomcore’s decision.
Genomcore must inform the User the existence of such force majeure event as soon as possible. Genomcore must make every effort to resume its obligations as soon as possible.
If the force majeure event occurs and prevents Genomcore from providing any of the Services under these General Conditions, Particular Conditions or Service Level Agreement, and it continues for a period of ninety (90) days or more, the Client may give Genomcore a notice of termination and terminate the Service, without this having any compensatory or indemnifying consequences between the parties.
12. Independent contracting Parties
Genomcore and the Client are independent contracting parties. Nothing in this Agreement shall create a relationship between them other than the one strictly specified under this Terms and Conditions, Particular Conditions or Service Level Agreement. The Parties are not joint venturers, partners, principal and agent, franchisor and franchisee or employeer and employee. No party shall be a legal representative of any other or have the power to bind or obligate the other in any manner.
Notwithstanding the foregoing, each party hereby grants the other party a right to use its respective logos and trademarks only in connection with the Services, as commercial reference on the Platform and related documentation. Such authorisation does not constitute a license or transfer of any rights, beyond the mere use of the described above.
Under no circumstances, may the Client assign its contractual position (or part of it) neither transfer all or part of its rights and duties arising from the Terms and Conditions without the express prior written consent of Genomcore, with the exception of companies of the same corporate group of the Client in connection with organizational changes or corporate transactions.
13. Safeguarding, interpretation or nullity
In the event of contradiction between the provisions of these Terms and Conditions and the Particular Conditions, including any annexes thereto, the Particular Conditions shall prevail, unless expressly stated otherwise.
If a Party does not require strict compliance with any of the terms of these Terms and Conditions it shall not imply nor interpreted as a waiver to require compliance in the future.
If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions. In this case, the Parties undertake to negotiate a new stipulation in substitution of the annulled one with the greatest possible identity with the same. If the substitution becomes impossible and the stipulation is essential, in the opinion of the party harmed by its elimination, the latter may opt for the Service termination.
14. Termination
In the event of any breach of these Terms and Conditions by any party, the other party shall terminate the Service, as long as such breach remains unsolved for a period of 30 (thirty) calendar days following written notice.
Other grounds for terminating the Service are, as follows:
The extinction of legal personality or legal incapacity of either Party
The request for Negotiations of one of the parties to reach a Refinancing Agreement as set forth in article 5 bis of Spanish the Bankruptcy Act (“Ley Concursal”), or weather one of the parties enters an insolvency procedure, without prejudice to the claims that each party may exercise against the other.
The natural termination of the Service, or its termination for any of the causes provided by the Law or these Terms and Conditions or Particular Conditions shall not give rise to any right to compensation for damages or compensation of any other nature, except when the termination is due to the non-compliance of one of the parties, in which casethe party shall be entitled to receive an appropriate compesation, provided that such party has remain compliant.
Neither the termination nor the expiration of the Service shall release either party from the obligation to pay any amounts owed to the other party or from the obligation to take the necessary actions in order to claim the liabilities incurred by any of the parties prior to such termination or expiration.
If the Service terminates due to Genomcore’s non-compliance, the compensation to be paid by Genomcore for any reason whatsoever, shall never and in no case exceed the total amounts received by Genomcore from the Client within the last 3 (Three) months.
The Service termination will interrupt the access to the Platform to the Client and the Users, and any related service such as maintenance or technical support.
Unless otherwise stipulated under the Particular Conditions, upon termination of the Service, for to any reason, Genomcore will keep the Platform’s content available on the Client’s demand for a period of 30 (thirty) calendar days, as from the termination date, and will keep a backup copy of the data during the cycle. If such period is not sufficient to migrate the Client’s data, due to the large volume of data, the Client may request to migrate the data manually and ship it using a physical device, at its costs and expenses. Once this period is over, all of the Client’s and User’s data will be deleted and, where applicable, any physical device containing personal data will be returned to the Client.
The aforementioned, shall be considered without regard to any legal provision that requires keeping the data. In such case, the data must be returned to the data controller ensuring its storage. Genomcore may keep the data blocked in order to comply with legal duties or audits.
15. Contact
Client can contact Genomcore by email at the following addresses:
For legal purposes: legal@genomcore.com
For Data protection purposes: dpo@genomcore.com
For technical support purposes: support@genomcore.com
Mailing address: Carrer La Riba 36, 08950, Esplugues de Llobregat, Barcelona (España).
16. Law and Jurisdiction
These Terms and Conditions, as well as any contracts for the purchase of our Services will be governed by Spanish law. Genomcore and the Client agree that any dispute arising from or related to said contracts or Terms and Conditions shall be subject to the jurisdiction of the Courts of Barcelona (Spain).