Terms of service and legal notice — Internxt Drive

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• Entity Report an error

  “Internxt Universal Technologies SL (“Internxt”), a company registered in C/ La Travesia s/n, 46024 Valencia, Spain”

• Governing law Report an error

  “These Terms and Conditions shall be governed and construed under Spanish Law and shall be subject to that exclusive jurisdiction should any dispute, claim or disagreement arise from them.”

• Eligibility min age Report an error

  “You must be 18 years of age or older to access or use our Services.”

• Open source Report an error

  “We may make the source code for much of the software that supports our Services, including the Storage Platform, available for download as open source software.”

• E2e encryption Report an error

  “Since Internxt uses client-side end-to-end encryption, it cannot know the content a user has under his Drive account.”

• GDPR role Report an error

  “Under the GDPR, Internxt acts as a Data Processor with respect to Customer Data, unless otherwise specified. Under HIPAA, when PHI is processed pursuant to a signed BAA, Internxt acts as a Business Associate, and Customer acts as the Covered Entity or Business Associate.”

• Subprocessor rights Report an error

  “Internxt maintains and publishes an updated list of sub-processors, (ii) Customer is notified prior to engagement of a new subprocessor, (iii) Customer has the right to object to such sub-processor”

• Security standards Report an error

  “Internxt adopts appropriate technical and organizational measures to protect personal data, and where applicable PHI, in accordance with Article 32 of the GDPR and the HIPAA Security Rule (45 CFR §164.308, §164.310, §164.312).”

• Breach notification Report an error

  “Internxt shall notify the Customer without undue delay, and in no case later than 72 hours under GDPR or 60 calendar days under HIPAA, upon becoming aware of a Personal Data Breach or Security Incident involving PHI.”

• Based in spain Report an error

  “Internxt is based in Spain and the information we collect is governed by Spanish law.”

• Subprocessors named Report an error

  “The information of your navigation can be stored by Google Analytics”

• Rights Report an error

  “You can exercise your rights of access, rectification, deletion, portability, limitation or opposition to the processing of your data, including the right to withdraw your consent”

• Supervisory authority Report an error

  “we recommend that you contact the Spanish Data Protection Agency, which is the supervisory authority for data protection.”

• Retention customers Report an error

  “Customers Invoices 10 years Contracts 5 years”

• Retention curriculums Report an error

  “The curriculum will be stored for a period of 1 year, after which, if we have not contacted you, it will be deleted.”

• Retention video surveillance Report an error

  “List of visitors 30 days Videos 30 days blocking. 3 years destruction”

• User content ownership Report an error

  “To be clear, we do not claim any ownership over the content you submit or store in the Services.”

• Phi prohibited Report an error

  “You must not use the Services to upload, store or process sensitive categories of data, including payment card data subject to PCI DSS or other highly sensitive categories requiring heightened security. Protected Health Information (PHI) as defined by HIPAA, except where (i) a Business Associate Agreement (BAA) has been duly executed between Internxt and the Customer”

• Fair usage policy Report an error

  “Internxt reserves the right, at its sole discretion, to monitor aggregate resource consumption (including but not limited to storage volume, bandwidth, transfer volume, number of files, API calls, or other system resources) and to take action against accounts whose usage constitutes an outlier”

• Liability cap Report an error

  “IN NO EVENT WILL THE AGGREGATE LIABILITY OF INTERNXT AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE GREATER OF ANY COMPENSATION YOU PAY TO US FOR USE OF THE SERVICES OR €100.”

• Dispute notice period Report an error

  “Each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises”

• Open source core network sharing Report an error

  “Using Internxt's Core software makes your computer part of a distributed network. This means your computer may communicate with many other computers.”

• Terms amendable Report an error

  “Internxt may update and amend these Terms and Conditions at any time and without prior notice”

• Repeat infringer policy Report an error

  “We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others.”

• Payments via third party Report an error

  “If you use our Storage Services, our third-party service provider may collect your payment method information for use in connection with your payments for storage.”

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