Legal information

Legal information

Personal Data Protection Policy

1. Information rights and express consent

   In Spain:

   The data protection policy governs access and use of the Softonic website that Softonic (Intershare, S.L. and Softonic International S.L.) make available, free of charge, to Internet users interested in the site's services and content (hereafter "Users").

   According to what is set forth in Data Protection Regulations, Intershare, S.L., as owner of the Website for Spain, informs the User that files containing personal data of users and customers have been created by Softonic, who accepts responsibility for the files, dully filed with the corresponding public entity.

   Rest of the world:

   According to what is set forth in current Data Protection Regulations, Softonic International S.L., as owner of the Website for the rest of the world, except for Spain, informs the User that files containing personal data from users and customers have been created by Softonic, which accepts responsibility for the files, duly filed with the corresponding public entity.

   Softonic does not sell or rent its users’ personal data to third parties with commercial purposes without the users’ prior consent. However, Softonic is enabled to disclose personal data in order to (i) fulfill a legal requirement, (ii) demand the fulfillment of our policies, (iii) answer claims regarding the breach or protection of any third party’s rights or its property or security, in the event they are affected by advertisements or contents. Softonic is enabled, as well, to share or transfer your personal information to:

   Members of the Softonic group (Intershare, S.L./Softonic International S.L.): Softonic International S.L., Intershare, S.L., Softonic Inc., Softonic Hong Kong, Softonic Japan K.K. contract services from suppliers that help us with our internal operations in order to provide joint content and services (such as registration, transactions, or customer service), to make the prevention and detection of potentially illegal acts or breaches of our policies easier, or to make decisions regarding products, services and communications. To that end, the User expressly permits Softonic to transfer its personal data for the sole purposes specified in the Privacy Policy.

2. Purpose

   Softonic collects information concerning users who register via the Softonic websites for the following reasons:

   • Creation of a community of users interested in software, where they can share their opinions and favorite programs with other users.
   • To provide users' opinions about computer programs through forums or any other electronic means.
   • To inform the Users about anything related to the software.
   • To study and analyze information provided by the Users in order to evaluate new trends or services.
   • To share and send contents and opinions.
   • To send e-communications with promotional and informative purposes regarding the software sector or any others that could be interesting, as the ones indicated on clause 7 below.

   The personal data belonging to Users such as companies, individual authors or group of programmers provided via forms available at "Authors Services" are collected by Softonic with the following purposes:

   • Option only for companies that sell software.
   • Sale and promotion of software and other content related to electronic means, PC, Mac, mobiles and/or any other electronic communication device.
   • To send e-communications with promotional and informative purposes regarding the software sector or any others that could be interesting, as the ones indicated on clause 7 below.

3. Mandatory or optional nature of the information provided by the User and reliability of the information

   The User must complete the fields specified with an asterisk (*) in the registration form, as they are strictly necessary to respond to its request. The filling of the other fields is voluntary.
   The User guarantees that the personal information provided is true and agrees to inform Softonic of any changes to the same.

   The User guarantees that the personal information provided is exact and up to date and reflects the User's current status. The User is responsible for keeping his or her information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards Softonic or third parties, by virtue of using Softonic services.

4. Privacy Control

   The User, through his or her personal menu, will be allowed to choose and modify the desired privacy level regarding the personal data provided to Softonic. To that end, the User shall choose one of the following profiles, according to his or her interest:

   • Public Profile: All personal information related to the User is public. However, he or she can use the option "Change Privacy" to enable other users to see information related to "Show my profile to the other users", "Activity visible for all the users" and "Friends visible for all the users". In the event the User has a personal picture or an avatar that represents them, such image shall also be visible for all Users.
   • Private Profile: All personal information related to the User is private. Information related to "Show my profile to the other users", "Activity visible for all the users" and "Friends visible for all the users" will not be visible to the other users. In the event the User has a personal picture or an avatar that represents them, such image shall also be visible for all Users.

5. User Consent

   By filling of the form and sending his or her personal data, the User declares to have read and expressly accepted the legal terms, and grants his or her consent to the automated handling of his or her details, according with the purposes being informed and services provided by Softonic.

   Moreover, the User expressly consents that his or her opinions and the contents provided by him or her are handled by Softonic for the indicated purposes.

6. Information provided by minors

   Users older than fourteen years old are able to register into Softonic.com without their parents' or tutors' prior consent.

   In the event the User is a minor under fourteen, their parents' or tutors' prior consent is required for the handling of the minor's personal data.

   The minor will be never asked about other members of his/her family's professional or economical situation or their privacy.

   If you are a minor under fourteen and you have accessed this Website without letting your parents know, please do not register as a User.

7. Messenger Connect

   By using Messenger Connect, the user is transferring his/her Messenger data to his/her Softonic user profile.

   By doing so, a user already registered on Softonic will link his/her Messenger profile to his/her existing Softonic profile, while users who are not previously registered on Softonic will sign up, accepting Softonic's terms and conditions of use, in order to link the two accounts. As laid out in Softonic's legal policy, only users over the age of 14 may register.

   Softonic complies with privacy and data protection legislation.

8. Electronic communications

   By completing and submitting an electronic form to Softonic, Users expressly consent to receive bulletins concerning the most relevant news, innovation, and information regarding the website, as well as electronic communications relating to the sector and the following sectors:

   • IT and Technology:

     • IT, software and technology
     • Internet
     • Digital TV / Satellite / Cable
     • Fixed telephony
     • Mobile telephony

   • Gastronomy / Food

   • Art / Crafts, Decorating and Interiors

   • News and communications about working with and joining non-government organisations / Charity

   • Construction / DIY

   • Pets

   • Business exchange services

   • Purchase and sale of companies

   • Franchises

   • Financial services:

     • Finance
     • Private bank
     • Stock market and investments
     • Brokers
     • Credit: Loans and mortgages
     • Accounts and credit cards
     • Investment funds
     • Mortgages
     • Renting / leasing
     • Insurance

   • Property offers

   • Motor / Cars/ Sailing

   • Leisure and Entertainment:

     • Digital channels
     • Leisure
     • Cinema and Shows
     • Culture / Museums
     • Photography
     • Games
     • Restaurants and Nightclubs
     • Videogames and multimedia

   • Articles for women and men:

     • Shoes
     • Cosmetics and Perfume
     • Personal care
     • Jewelry, watches and optics
     • Fashion and accessories

   • Travel:

     • Flight offers
     • Hotel offers
     • Trips
     • Rent vehicles with and without engines
     • Rural tourism
     • Holidays and weekends
     • Business trips

   • Children’s products:

     • Products for Babies
     • Children's shoes
     • Toys / Educational games
     • Baby / Youths clothes

   • Music / Books

   • Training/ Employment

   • Health and Well-being:

     • Food
     • Ecology and Environment
     • Health, Healthy Life

   • Funeral services

   • Sports:

     • Team sports (Football, Basketball, etc.)
     • Maritime sports
     • Adventure and extreme sports
     • Sports equipment
     • Fitness
     • Tennis, Golf, skiing and cycling

   Softonic offers its Users, via previous subscription through his or her personal account, the following services:

   • All about Software (weekly subscription): The User will receive at his or her e-mail account all the information required to choose the best software: programs’ comparisons, analysis and others.
   • Notices and alerts through e-mail related to downloading programs.

   Softonic has established two mechanisms by which users can reject said services, simply and at zero cost.

   To do so the user must enter the access menu and de-activate the relevant sending options in the electronic communications section. Users can also deactivate this service by clicking on the unsubscribe option at the bottom of the e-mails received.

9. Security

   Softonic informs Users that it has adopted the technical and organizational measures laid down by law to protect their personal data and to prevent it from being altered, lost, handled or accessed without authorization, bearing in mind the status of the technology, nature of the data saved and the risks to which they are exposed, in accordance with all the regulations in force.

10. Cookies and IPs

    The User agrees to cookies and IP tracking. Our software and the site's traffic analyzer use cookies and IP trackers that collect data for statistical purposes, including: date of first visit, number of visits, date of last visit, URL and domain, operating system, browser and screen resolution. The User is also free to de-activate and/or eliminate cookies by following the instructions given by their Internet browser.

    Advertising on this site includes Google AdSense, a system that uses cookies to display advertising that relates to the pages viewed by the User.

    When a user accesses a site that uses Google AdSense, a cookie that allows Google to collect the information about the user's activity is activated in order to manage and publish advertisements through Google Adsense.

    This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

    The user can deactivate Google cookies by deactivating cookies in their browser.

    Softonic also uses cookies related to the Nielsen measuring system.
    Softonic does not spam and only handles data provided by the Users via the Website or email messages.

11. Right to Acces, Correct and Cancel Data

    The User is entitled to access this information, correct it if there are mistakes and cancel their Softonic account.

    Users can exercise these rights via the configuration menu in their personal profile, which they can access using their email address and password.

    If users experience problems while exercising their online rights or if they have doubts or questions related to our Personal Data Protection Policy they can contact us directly at:

    Softonic
    C/Rosselló i Porcel, 21, 12th floor,
    08016, Barcelona,
    Spain
    

    Or through our e-mail: moc.cinotfos@ycavirp indicating the reference matter.

    Personal data processing, as well as commercial electronic communications, are in accordance with the regulations currently in force.

12. Modification of the Data Protection Policy

    Softonic reserves the right to modify this policy to adapt it to future legislative or case law developments.

13. Applicable Law

    Unless a specific local regulation sets forth the contrary, the Data Protection Policy and the rest of the Legal Conditions concerning the website are governed by Spanish law.

14. Contents provided by SOFTONIC users

    By providing content on SOFTONIC's Web sites, the user declares that he or she is the legitimate owner of the intellectual and industrial property rights or is authorized to distribute the content and communicate it to the public, and authorizes and therefore expressly assigns to SOFTONIC the content provided so that it may be copied, distributed, and publically communicated through any electronic means, primarily Internet and e-mail, throughout the world, and for an indefinite period of time.

    Users who decide to share and provide content and/or information through SOFTONIC, such as discussions, files, opinions, blogs, and any other content, expressly consent for this content to be published and indexed on Google and other Internet search engines.

    SOFTONIC does not allow the distribution, management, or communication of content that degrades the quality of the service. Softonic prohibits the inclusion of the following content, among others:

    • That presumed to be illegal under national, European community, or international law or that performs activities that are presumed to be illegal or that contravene the principles of good faith.
    • That does not meet the parameters for quality established by SOFTONIC.
    • That attacks the fundamental rights of persons, that can search for user vulnerabilities, that lacks courtesy online, that bothers people or can lead to negative opinions among our users or third parties. Concretely, and including by not limited to: any legal rights of third parties; those that encourage or enable the creation, maintenance, and stimulation of businesses related to pornography, obscene material or dealings in erotic contact; those that are related to divination, tarot, "occult sciences," or any other related content; and in general any content that SOFTONIC considers inappropriate for its users, and in particular, for minors.
    • And in general, that contravenes the principles of legality, honor, responsibility, protection of human dignity, protection of minors, protection of the public order, protection of private lives, protection of consumers, and intellectual and industrial property rights.

    Likewise, SOFTONIC reserves the power to remove from the Portal that content which it considered inappropriate to the characteristics and purpose of SOFTONIC.

    SOFTONIC cannot control each and every piece of content published, such that it cannot assume responsibility for the content.

    In any regard, content uploaded and published is reviewed periodically to ensure SOFTONIC's principles of quality, as well as the rules herein indicated.

    Any user who uploads content that contravenes the laws in force shall assume sole responsibility for the damages and consequences that arise therefrom, releasing SOFTONIC from any liability.

15. Questions regarding this Policy

    Any doubts or question related to this Personal Data Protection Policy can be sent by email to moc.cinotfos@lagel.

5 May 2011

Copyright

All rights of use are reserved.

This website is governed by Spanish law and is protected by national and international legislation relating to intellectual and industrial property.

The text, designs, images, databases, logos, structure, trademarks and other elements of this website are protected by Softonic's intellectual and industrial property rights and/or those of the third parties who own the aforementioned elements and who have duly authorised their use on the website either by completing a registration form or through agreements established with Softonic on the transfer of rights of use.

Any reproduction, transmission, adaptation, translation, modification, public communication, or any other use of all or part of the website's contents carried out in any form or by any electronic, mechanical or other means is strictly prohibited unless prior permission in writing has been granted by Softonic or the third parties. Any infringement of these rights may lead to extrajudicial, judicial, civil or criminal proceedings as appropriate.

Unless express permission is given, Softonic does not grant any type of licence or permission of use in relation to its intellectual and industrial property rights or any other property or right associated with the website, its services or content.

The legitimacy of the intellectual or industrial property rights relating to content provided by users is the exclusive responsibility of the aforementioned users.

For the purposes of preserving any possible intellectual property rights in the event a user or third party believes that their legitimate rights have been infringed due to the inclusion of certain content on the website, legal@softonic.com must be notified in writing by sending an email to moc.cinotfos@lagel. The following information must be provided:

• The personal details identifying the owner of the rights that have allegedly been infringed. If the complaint is submitted by a third party who is not the owner, the capacity in which he/she is representing the owner must be indicated.
• A description of the content that is protected by intellectual property rights and its location on the website.
• Evidence of the existence, ownership and validity of the intellectual property rights in question.
• A clear declaration that the complaining party will take full responsibility for the accuracy of the details and information submitted in the notification discussed in this section.

Date: 7 January 2010