Terms of service

These are the specific terms of the AccessTime service, provided by ABARCANDO, S.L. (Spanish tax ID B88017173). They are complemented by ABARCANDO's general terms published at abarcando.es/terms; where they differ, these prevail for AccessTime. The data processing agreement and the privacy policy are part of the contract.

1. The service

AccessTime is a cloud platform for time tracking and human resources for companies and professionals: daily working time record (web panel, mobile app and QR-code kiosk), absences and holidays, approvals, schedules and rotas, remote work, reports and exports for the Labour Inspectorate. It is intended for companies and professionals (B2B use).

2. Sign-up and acceptance

• The company account is created online by an adult who declares to act on behalf of the company and with authority to bind it.
• Before completing the sign-up, that person can read the full text of these terms, of the data processing agreement and of the privacy policy, and accepts them by ticking a box. AccessTime keeps a record of which documents and versions were accepted, their fingerprint (SHA-256), the date and time, the IP and the browser, and sends a confirmation email with links to the accepted texts.
• The texts are offered in Spanish, Catalan, Galician, Basque, English and French; in case of discrepancy, the Spanish version prevails.

3. Accounts and access

• The company account is managed by whoever creates it (administration role), who adds the rest of the people with their role: administration, HR, department manager or employee. Each role only sees and can do what corresponds to it.
• People added by the company receive a single-use activation link to choose their password; passwords are never sent by email.
• Two-step verification is mandatory for the administration and HR roles and for whoever has the legal representative flag (they access the data of the whole workforce or of their workplaces), and optional for everyone else.
• Each person is responsible for keeping their credentials confidential. From the profile they can see and close open sessions and the app devices with access; app access expires after 90 days.
• The service may not be used for unlawful purposes or to try to access other companies' data.

4. Free trial, plan and payments

• Free trial: 3 months from the company's sign-up, with all features, no limit on people and no card.
• Single plan: annual subscription per active employee. If you still have trial days left when you subscribe, nothing is charged until they end. The number of licences is adjusted automatically to the active workforce.
• Prices are shown excluding VAT; the tax is calculated at payment according to your country. Charges and invoices are handled by Stripe. Price changes are notified at least 30 days in advance and you can cancel at no cost before they apply.
• If the trial ends without a subscription, or the subscription is cancelled or left unpaid, the account becomes read-only: everything can be viewed and exported, but no clocking is possible. No data is deleted; once subscribed, everything works again.

5. Your company's data and retention

• The data your company and its staff enter belongs to your company. Your company is the controller of its workers' data and ABARCANDO acts as processor under the data processing agreement.
• You can export your data at any time, including while you have not yet accepted a new version of these terms: Excel reports, per-event export for the Labour Inspectorate for any period, full company export and lists.
• The working time record, its revisions, workdays, incidents and absences are kept for 5 years (the legal minimum is 4, art. 34.9 of the Spanish Workers' Statute); the audit log, 5 years; the access log, 2 years; and geolocation, if you enable it, 30 days. Nothing in the working time record can be deleted before 4 years. Details are in the privacy policy.
• Clock-in corrections never delete the original data: a revision is added with who made it, with which role, when and why.

6. Obligations that remain with the company

AccessTime is a tool for keeping the working time record. The legal obligation to record working time, to keep the record for 4 years and to make it available to workers, their legal representatives and the Labour Inspectorate lies with the employer (art. 34.9 Workers' Statute). It is also the employer's duty to inform its workforce about the recording system and, if it enables geolocation, to comply with art. 90 LOPDGDD (prior and express information to workers and, where applicable, their representatives). AccessTime provides the means, but does not guarantee that the specific use each company makes of them fulfils its employment obligations on its own.

7. Availability and support

• We work to keep the service continuously available, without guaranteeing 100 %; there may be maintenance windows, which we try to announce and schedule at low-usage times.
• Support is provided by email and through the contact form, during business hours, in the platform's six languages.
• Support staff only access a company's data when necessary to help it or when it asks; every entry, with its reason or ticket, and every change is recorded.

8. Liability

To the extent permitted by law, ABARCANDO's total liability for the service is limited to the amount paid by the company in the 12 months before the event giving rise to it (€100 if the service was free), and does not cover loss of profit or other indirect damages. These limitations do not apply in case of wilful misconduct or gross negligence, nor to liability towards data subjects under art. 82 GDPR.

9. Cancellation and end of the contract

• You can cancel the subscription at any time from the billing portal; when the paid period ends the account becomes read-only.
• If you want to end the service, write to us. You will have at least 30 days to export everything (full company export and export for the Labour Inspectorate).
• After that, the data is kept blocked (art. 32 LOPDGDD: only accessible to courts, the Labour Inspectorate or the Data Protection Agency) until the retention period of each item expires (section 5), and then it is purged: the data identifying each person is anonymised once nothing of theirs remains within its retention period, and your company's data, 6 years after the end of the contract. While it is blocked, only your company's administrators can sign in, and solely to respond to one of those requests: with the full export, the export for the Labour Inspectorate or a link for the Labour Inspectorate, stating each time the request they are responding to; who did it, when and why is recorded. Nobody else from your company signs in, not even former workers with read access. It is not erased earlier: we keep it blocked while liabilities may arise from our relationship with you (art. 33.4 LOPDGDD). Keeping the working time record for 4 years is also your company's obligation (art. 34.9 of the Workers' Statute), and that is why we return the data to you with the full export (art. 33.3 LOPDGDD).

10. Changes to these terms

Each version of these terms and of the data processing agreement has a number and an effective date, and previous versions remain published with their exact text. If they change, we will announce it in the panel before they come into force; from that date, the company's administration will have to accept the new version when entering the panel, and that acceptance is recorded like the one at sign-up. Until it is accepted, the previous version continues to apply, the workforce can keep clocking normally, and exports, reports, approvals and the administrator's own record remain available.

11. Governing law

These terms are governed by Spanish law. Disputes will be submitted to the courts that are competent under the law.