Terms of Service

Learn how we collect and use data.

This Privacy Policy regulates the collection and processing of the personal data submitted by users when they access, navigate or use the functionalities on the website accessible via the URL https://dastia.com (hereinafter, the Website).

When data of a personal nature has to be provided to use or request a service, users guarantee that such data is truthful, accurate, authentic and current. Users are obliged to keep data up to date to ensure they reflect reality at all times.

Collection of data, purpose, basis for legitimacy and storage periods

Acceptance of this Privacy Policy means that a user authorizes Dastia. (hereinafter, without distinction “Dastia” or the “Holder”), with NIF B-85144350 and registered office in Madrid, at Calle Cardenal Marcelo Spínola, 42, 10 planta, 28016 – Madrid, España, as owner of the Website, to process his or her data, for the purposes stipulated below:

1. Contact
The user may contact Dastia by sending an email to [email protected], providing Dastia with information about his or her enquiry, their name and last name, company name, email address, and phone number.
Dastia will use this data to respond to the enquiry and contact the user.
The legal basis for the processing of this kind of personal data is supported by the user’s consent.
The retention of this data will last one year, unless different periods are applied.

2. At the request of a demo
Through this form a user may request a trial of the services provided by Dastia in Dastia’s website, for which the user will have to provide his or her proof of identity and contact details.

Dastia will process this data to handle the request of a demo and carry it out.
The legal basis for processing this kind of personal data is based on the realization of the requested demo.
The retention of this data will be the sufficient time to attend to the request and after it, for one more year.

3. Membership of the Partner programme
Through this form a user of the Website may become a distributor of Dastia products, for which he or she will have to provide his or her proof of identity and the one of his or her company , as well as contact information.

Dastia will process this data for the purpose of contacting the user, and where necessary, to initiate a contractual relationship.
The legal basis for this contact is based on the user’s consent, and in the case of a contractual relationship being formalized, the basis for processing this data would be the performance of the said contract.
The retention of this data shall be one year after the contact, unless a contractual relationship is initiated whose period shall be appropriate for complying with the contractual obligations, and in any case, up to five more years for tax processes and to cover any possible liability, unless other periods are applied.

4. Material downloads
The User may ask to download free content such as ebooks. The data shall be processed for the purpose of handling and managing the request. Given that this content is free and its purpose is to publicize Dastia’s products and services, based on our legitimate interest, we may send you information by email on the products and services provided by Dastia, unless you indicate the opposite by clicking here or sending an email to [email protected].

The legal basis for the processing of data of this kind is consent.
The data will be stored for one year.

5. Newsletters
Users may, if they wish, submit their identification and email address in order to receive periodic information on marketing and Dastia content, as well as other information we publish on our Blog.

The legal basis for the processing of this kind of data is based on the user’s consent.
The period for storing the data will be the time that the user remains as a subscriber in our system for sending Newsletters.
The user may also cancel his or her subscription to the Newsletter at any time, either through the link included in each of the commercial communications, or by contacting Dastia at the email address [email protected].

6. Cookies
The Website has technology available to install files known as cookies on the equipment used to access and navigate on the Website. Most cookies may be blocked or disabled at any time using the configuration options on the browser. For more information, see our cookies policy.

The legal basis for processing data of this kind is based on the user’s consent.
The data storage period will depend on the type of cookie involved.

Advertising purposes and special processing

1. Advertising for customers
A customer is understood to be a natural person or legal entity who purchases Dastia’s products or services. In this case, Dastia may send this person advertising for its services, such as news and information, offers related to the products or services bought or similar. The legal basis for processing such data is Dastia’s legitimate interest in maintaining the commercial relationship with the customer. If you do not want us to send you this information, you can object at the time of entering into a contract with Dastia, or at any time by writing to [email protected].

2. Advertising to users
If users expressly authorize it, Dastia may send advertising about products or services, such as, for example, news and information on the products or services offered. Users may revoke this consent whenever they wish by emailing [email protected] or through any other means designed for this purpose that has been included in the communications submitted. The legal basis for the processing of data of this kind is based on the user’s consent.

The data will be stored for the period for which a user remains registered in our systems to receive advertising, or 24 months from the last time of a user interaction with Dastia.

3. Exercising user rights
Users may revoke consent to the processing of their data, and exercise their rights of access, rectification, deletion, portability, objection and restriction of the treatment at any time, notifying Dastia of this by emailing [email protected], or indicating this wish to the postal address indicated above, specifying as a reference “Data Protection”. In both cases, the notification must be accompanied by any official document to prove identity, to prevent access to the data by third parties. Eventually,a user may communicate any modification or request cancellation in writing to any of the addresses provided.

A User may present a claim before the supervisory authority at any time.

Additional Disclosures for California Residents

If you are a California resident, the California Consumer Privacy Rights Act 2018 (CCPA) requires us to provide you with certain information regarding the personal information collected by Dastia that relates to, or is reasonably capable of being associated with, you as an individual. The below disclosures supplement the information provided in our general Privacy Policy (“Policy”) and describe our information collection practices going back 12 months prior to the date of any Consumer Request submitted in accordance with this supplemental privacy policy.

A) Disclosures Required by CCPA

Categories of Personal Information we Collect (collectively “Personal Information”)

We may collect Personal Information about you, including, but not limited to:

Identifying Information such as your name, address, e-mail address, phone numbers.

Internet Activity internet or other electronic network activity information, including but not limited to browsing history, search history, interaction with an internet website, application or advertisement.

Employment Related Information such as your CV as well as current and past employment information.

Educational Information, such as grades, schools and years attended.

Sale of Personal Information

We do not sell any of your Personal Information.

B) Consumer Rights for California Residents

No Sale of Information

As we do not sell any of your Personal Information, the right to opt out from the sale of personal information does not apply to Information collected by us.

Right to Know/Access Specific Pieces of Information

With respect to the Personal Information we have collected from you in any 12 months prior to you making a consumer request, you have the right to information about the categories of Personal Information we collected, and, for each category, the commercial purposes of such collection, the categories of sources for such Personal Information, and the categories of parties such information has been shared with, if any.

In addition, you have the right to access specific pieces of Personal Information collected about you. You may exercise this right no more than twice in any given 12 months period.

Right to Request of Deletion of Information

You have the right to require us to permanently delete certain Personal Information that we collected from you. However, this right is subject to a variety of restrictions and exceptions, for example we may have to keep your Personal Data that is necessary for legal and legitimate business purposes, to resolve potential disputes, to make or defend legal claims, to conduct audits and/or to enforce any agreements.

How to Exercise your Deletion Rights, Right to Know or Right to Access Personal Information

You must make a verified request, i.e., a request indicating what type of right you wish to exercise that allows us to make sure that you are the person authorized to make such a request or a duly authorized agent of such a person. Typically, we need to be able to verify the identity of the person making any such request.

Please contact us either by phone at +1(315) 203-3315 or by e-mail at [email protected] to communicate your request. We will get back to you within 10 days at the latest to confirm receipt of your request and inform you about the next steps. If we are able to verify your request, we typically provide you with the requested information or otherwise act on your request within 45 days from the date of its receipt. If we are unable to complete the actions required to comply with your request within the ordinary 45 day time period, we will notify you during that time period and provide you with an update, including how much additional time we need to comply with your request.

Under certain circumstances, we are authorized to refuse compliance with your Consumer Request, e.g., if we are unable to verify that you or the person making the request is in fact authorized to do so, your request is manifestly unfounded, or excessive, in particular because of its repetitive character, or if doing so would force us to violate other legal obligations recognized by California law. In each case we will provide you with a written explanation highlighting the reasons for our decision.

There is no charge for exercising your Consumer Rights, provided however, that we may impose a reasonable administrative fee taking into account the cost of acting on your request in case your request is manifestly unfounded or excessive.

No Discrimination for Exercise of Consumer Rights

We will not discriminate against you for exercising any rights you may have as a consumer under CCPA.

Other California Privacy Rights

California’s “Shine the Light” law permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

Children’s Privacy

Our website is not intended for, nor targeted to, children under 13, and we do not knowingly request or collect personal information from any person under 13 years of age. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.

Modification of the Privacy Policy

Dastia reserves the right to modify its privacy policy at any time, in accordance with current law on data protection and after making the required notification to the data subjects.

Terms of Service

1.1 Acceptance of Terms and Conditions ("Terms of Service")

This agreement is between Walmeric Soluciones, S.L. (“we,” “us” or “Walmeric”) as the owner and operator of the Site (as defined below) upon which it runs a ‘call tracking’ solution as a service called “Dastia” (as further hereinafter defined), and you (“you”) as an authorized user of such service. The “Service” or “Dastia” consists of a web-based interface for B2B companies with assisted sales, supported by artificial intelligence that allows collecting the digital footprint of each user so that sales can be contextualized, thus generating more personalized solutions that lead to higher conversion rates in sales. For purposes of these Terms of Service, the terms “Service” and “Dastia” also include the Site and governs the terms and conditions of your use of the Service. The Service is provided to you under these Terms of Service, our Privacy Policy, and any operating rules and/or policies that we may publish from time to time (collectively, the “Agreement”), and you agree that by accepting these Terms of Service you also agree to the Privacy Policy and any such rules and policies. This Agreement, the Privacy Policy and such policies constitute the entire agreement between you and us and supersede all prior agreements between the parties regarding the subject matter contained herein.

1.2 We collect various information on the individuals that interact with your business through various methods facilitated through the Service as further specified under the Privacy Policy (collectively, “Service Data”). You agree that we and the service providers that we utilize to assist in providing the Service to you shall have the right to access your account and to use, modify, reproduce, distribute, display and disclose Service Data to the extent necessary to develop, enhance, and provide the Service, including, without limitation, in response to your support requests.

1.3 “Site” means https://dastia.com/ and https://dastia.app/. The Site contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about Dastia and its Services, “Content”). For purposes of these Terms of Use, the term “Site” also includes the Content, except where the context specifically indicates otherwise.

1.4 Your access to and use of the Service are subject to these Terms of Use, as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Service. Your access to and use of the Service constitutes your acceptance of and agreement to abide by these Terms of Use. These Terms of Use may be changed, modified, supplemented or updated by us from time to time by providing you advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Service after such changes are posted. Unless otherwise indicated, any new Content added to the Service will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Terms of Use periodically for updates and changes.

2. Requirements and restrictions

2.1 To be provided with the Service you must either: (i) enter into a separate agreement with us describing the specific terms and conditions of the Service to be provided to you, or (ii) complete the registration process made available to you by us. Such separate agreement or registration process may be in one or more different formats and may be made available to you either online or offline, subject to change without prior notice.

2.2 Only entities and persons that can form legally binding agreement(s) under applicable law are permitted to use the Service and/or establish a Service account where applicable. By accepting the terms of this Agreement, you represent and warrant to us that you are age eighteen (18) or older and/or the authorized signatory.

2.3 In connection with your use of the Service, you agree to: (i) provide current, complete, and accurate information about your identity, location, contact information, internet access and telecommunications Service as are required by us to provide our Service; (ii) maintain and update the information as required to keep such information current, complete, and accurate; (iii) use our Services only in accordance with applicable law; (iv) comply with United States law regarding the transmission of technical data exported from the United States through our Service; (v) not use our Services for illegal purposes; (vi) not interfere with or disrupt networks connected to our Service; (vii) comply with all regulations, policies and procedures of networks connected to our Service; and (viii) with respect to our Services, transfer calls only to legitimate recipients and/or destinations.

3. Reservation of rights

We reserve the right at any time with or without notice (i) to deny any account creation request, (ii) to terminate your account and subscription to the Service, (iii) to remove any animated work or any other content from the Service, and (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Service or any subscription to the Service, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, to maintain the Service or to comply with applicable law. We shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Service or subscriptions to the Service and shall have no obligation to refund any fees paid pursuant to these Terms of Service.

4. Password; Security

Walmeric will provide you with a user name and a password, which are personal and non-transferrable. You are entirely responsible for maintaining the confidentiality of your user name, password and account as provided by Walmeric and for any and all activities that occur under your account. You agree to (a) immediately notify Walmeric of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Wallmeric will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Walmeric or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

5. Storage

Data storage will grant you immediate access to information up to one terabyte (1TB) and two (2) years old. In the event any of these thresholds are exceeded, the older information will be stored in the corresponding security copies only.

6. Fees and payment

We will charge you fees in accordance with the terms available at https://dastia.com/pricing, unless otherwise stated or as further specified, as applicable, under (i) a separate agreement, or (ii) the registration process you complete. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all fees associated with using the Service and all applicable taxes.

We will not host, store or process credit card data.

7. Term and termination

These Terms of Service, as may be updated from time to time, will commence on the date they are accepted by you and continue until terminated until we or you give the other a written notice of termination at least thirty (30) days in advance.

Either party may terminate these Terms of Service for cause if the other party fails to cure any material breach of these Terms of Service within thirty (30) days after receipt of written notice of such breach.

Upon termination, any telephone number(s) assigned to you for use with the Service will become unavailable for use and, after an aging period, be returned to the inventory of telephone numbers and become available for assignment by us. No telephone number will be available for your use or reserved for you after your Service have been terminated.

8. Limited Warranty and Warranty Disclaimer

We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our Service or as to the accuracy or reliability of any information obtained through our Service, or that defects in our Service will be corrected.

We will make commercially reasonable efforts to resolve any technical problems you may experience while using the Service.

YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND CALLRAIL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY. CALLRAIL MAKES NO WARRANTY THAT THE SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR APPLYING THE LOCAL LAWS IN THE RELEVANT JURISDICTION WHEN USING THE SERVICE.

9. Limitation of liability

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY, IF ANY, EXCEED FIVE HUNDRED DOLLARS (USD 500). EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO OTHER WARRANTIES TO YOU AND DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Indemnification

You shall indemnify, defend, and hold us, our parent(s), subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys’ fees), which arise from or are related to any act or omission by you in connection with the use of the Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to your violation of any terms of this Agreement, your violation of any applicable law, rule, or regulation, or any infringement by you (or any other person using the Services in reliance on your rights under this Agreement) of any intellectual property or other rights of any other person. This Section shall survive termination of this Agreement.

11. License; Copyright; Trademark

11.1 We hereby grant you a limited, non-exclusive and revocable license to access and use the Service, subject to the terms set forth in these Terms of Service. We (or the third respective third party owners) retain all right, title, and interest in the Service, all features and services offered through the Service, including but not limited to any and all copyrights, trademark and service mark right and all other intellectual property rights in the Service. We (or the respective third party owners) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Walmeric.

11.2 Except as otherwise expressly stated, the Service (including but not limited to all content appearing on the Site) is the copyrighted work of Walmeric or its third party content suppliers and are protected by U.S. and international copyright laws. You may download information from the Service and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Service, in whole or in part, including any text, images, audio, video and software in any manner, without the prior written authorization of Walmeric or any applicable third party suppliers.

11.3 Our trademarks, websites, corporate names, trade names, domain names, logos, and service marks (“Marks”) are the property of Walmeric. You are not permitted to use the Marks without the prior written consent of Walmeric. “Walmeric,” “Dastia” and the respective logos are trademarks of Walmeric.

12. Notices. Electronic communications

When you visit this Site, use the Service or otherwise send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.

Notwithstanding the foregoing, an online termination process may be made available on our web site. If no such online termination process is made available, then the above requirements shall be in effect for all such notices if you intent to terminate the Service.

13. Confidentiality

13.1. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.

13.2. The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms of Service and it will not disclose such Confidential Information to any third party without the disclosing party’s prior written consent, except as otherwise permitted hereunder; provided, however, that we may use and disclose your Confidential Information as necessary to provide the Services. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors, who have a need to know and are legally bound to keep such information confidential consistent with the terms of these Terms of Service.

13.3 The receiving party may disclose the Confidential Information of the disclosing party as required by applicable law provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information of the disclosing party, but only as and to the extent necessary to legally comply with such compelled disclosure.

13.4. The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section.

14. Service outages; Force Majeure

Walmeric shall not be liable for any failure or delay in performance of, and may suspend, the Service due in whole or in part to any cause beyond its reasonable control or its contractors, agents, vendors or suppliers, including but not limited to utility or transmission failures, power outages, internet services or telecommunication services provider outages, outages due to suspension of your account, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, licenses, software or repairs thereof, acts or omissions of the other party, and acts of God.

15. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. We and you agree to submit to the exclusive jurisdiction of the courts of the State of California. We and you agree that any cause of action arising out of or related to the Agreement or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Agreement (i) constitutes the entire agreement between the parties supersedes all prior agreements between the parties regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein.

If any provision of the Agreement is determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of this Agreement shall remain in full force and effect.

We at any time and from time to time may assign our rights and delegate our duties under this Agreement without your prior consent. You may not assign this Agreement to any other person under any circumstances without our express prior written consent.

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Nothing in this Agreement is intended to create or shall be construed as creating any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

You agree that Walmeric may reference you and your company as a client of Walmeric’s products and services in Walmeric’s advertising and marketing.

Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Last Updated: November 29, 2022