PRIVACY POLICY AND GENERAL CONDITIONS
Index
1. Introduction and definitions
2. Privacy Policy
- Applicable laws
- Responsibility for data handling
- Data gathered through FACEPHI websites
- Purposes of handling
- Legitimisation
- Timeframe
- Data shared with third parties
- Data housing
- Minors
- User rights
3. General conditions for FACEPHI websites
- Intellectual property
- FACEPHI’s responsibilities
- User responsibilities
- Applicable jurisdiction
1. Introduction and definitions
By accepting this Policy, the User confirms that they have read and understood that their personal data will be processed. In the event of any doubts in this regard, the User may express them through the DPO of FACEPHI.
For the correct understanding of this document, the following definitions are established:
HANDLER OF DATA: FACEPHI BIOMETRÍA SA, (FacePhi), CIF A-54659313 y Nº LEI: 959800H5NSTQNR25786, located at Calle México, 20, ED. MARSAMAR 3ºC - 03008 ALICANTE and registered in the Registro Mercantil de Alicante, Tomo 3634, Folio 63, Hoja A-131726.
AEPD: The Spanish Data Protection Agency is the authority on data protection in Spain. For more information, see their website www.aepd.es
DPO of FACEPHI: The Data Protection Officer is in charge of ensuring compliance with the data protection regulations on the FACEPHI websites. Their contact email address is dpo@facephi.com
FacePhi websites: Products, websites, promotions or events, whether free or paid, which consist of access to different information, content and commercial communications of interest to the User.
User: A person or legal entity that registers or uses their access credentials on any of the FACEPHI websites.
2. Privacy policy
2.1. Applicable laws
FACEPHI is subject to compliance with Spanish and European regulations on data protection and information (EU Regulation 2016/679 of the European Parliament on April 27th, 2016 (henceforth, "RGPD"), Organic Law 3/2018, of December 5th, for the Protection of Personal Data and guarantee of digital rights, and Law 34/2002, of July 11th, for Information and Electronic Commerce websites)
2.2. Data gathered by FACEPHI websites
For the purposes mentioned below, FacePhi processes the following categories of data:
• Identifying data: Name, surname, postal address, email address, postal code, telephone.
• Academic and professional data: Training/degrees, student history, professional experience, and membership of professional associations or schools, in the case of selection processes.
• Commercial information data.
The personal data requested is mandatory, and as such refusal to provide it will mean the impossibility of carrying out the intended services.
The User guarantees that the data provided is true, accurate, complete and up-to-date, and that they are responsible for any damage or loss, both directly and indirectly, that may be caused as a result of the breach of such an obligation. In the event of the user providing data from third parties, they declare that they have consent to pass on the information contained in this clause, exempting FacePhi from any responsibility in this regard. However, FacePhi may carry out checks to verify this fact, adopting the corresponding due diligence measures, in accordance with data protection regulations.
The use of FACEPHI websites is controlled by devices that are housed in the User's browser and can be read later for different statistical, analytical and advertising purposes. To obtain more information, the User can consult the Cookies Policy
(Link a la política de cookies)
2.3. Purposes of data handling
The data provided by the User on the FACEPHI websites will be used for various purposes. These purposes are structured below according to the rules that legitimise them:
Press and Newsletter: Personal data will be processed, solely and exclusively, in order to keep the User informed about our products and websites, as well as all information considered commercial in nature. Likewise, in response to this purpose, a ‘commercial profile’ will be prepared, based on the information provided. No automated decisions will be made based on the aforementioned profile
Job website: The personal data provided in CVs will be handled, solely and exclusively, with the purpose of forming part of the database of people interested in being considered for employment at FacePhi Biometría SA, based on legitimate interest.
Investor Websites: The personal data provided will be processed, solely and exclusively, for the purpose of managing and responding to requests for information, doubts, queries, suggestions or complaints related to the activity of the person in charge as a listed company.
Partners/Client Websites: The personal data provided will be processed, solely and exclusively, in order to identify the User and manage the process of applying for registration as a new Partner/Client, developing commercial actions, sending communications oriented to the User’s profile and activity with commercial effects, informing about products and websites that allow us to offer products and websites, by any means, including electronically, and provide support websites, if necessary.
Consent: FacePhi will not carry out actions for these purposes except with the User’s express consent or request.
What is the legitimacy for the processing of data?
The processing of User data may be based on the following legal profiles:
• Express consent on the part of the User with the completion of forms for the sending of commercial communications and information adapted to the User's profile.
• Application of pre-contractual measures for the execution of contracts, and the supply of licenses and/or provision of professional websites.
• Application of contractual measures for the provision of the websites agreed between FacePhi and its clients.
Legitimate interest by FacePhi in relation to the following purposes:
• Creation of profiles through the browsing of the website by a client or User registered on the platform, as well as through data provided by Users for any other purpose.
• Creation of profiles to send information about promotions, news and personalised information adapted to the User's profile.
• The legitimate interest of FacePhi is to be able to ensure that our website remains secure, as well as to help us understand the needs, expectations and level of user satisfaction and, therefore, to improve our websites and products. All actions are carried out in order to improve the level of user satisfaction and ensure a unique browsing -and eventual hiring- experience.
Compliance with legal obligations for fraud prevention, collaboration with Public Authorities and/or eventual claims from third parties.
Legitimate Interest: FacePhi will carry out processes for these purposes, unless the User expressly opposes:
These will be undertaken from the moment in which the User registers on the FACEPHI Websites until they process their withdrawal as a User or exercise their right to deletion as specified in this Policy.
2.4. Timeframe
The User's personal data will be actively processed while he or she holds the status of User of the FACEPHI Websites; As long as their account is not cancelled, they do not revoke the consent given, where appropriate, or do not exercise their rights to deletion or opposition.
In the case of cancelling an account or exercising a right to deletion, the User's data will be blocked and kept in a restricted way, at the disposal of the competent authorities, for a period of 5 years to address possible responsibilities arising from their handling.
2.5. Data shared with third parties
FACEPHI will not transfer the User's personal data to any third party without there being a legal basis that legitimises this transfer.
2.6. Housing of data
The User's personal data will be hosted on various servers within the European Union.
2.7. Minors
Children under 14 years of age should not register on the FACEPHI Websites. In the event of FACEPHI detecting users who may be under 14 years of age, it reserves the right to cancel their accounts.
2.8. User Rights
The User may modify their privacy preferences, revoke the consent given, oppose data handling, request transfer and cancel their account on the FACEPHI Websites via the User area, authenticating themselves on any of the FACEPHI Websites.
Likewise, the User may revoke the consent given and exercise their rights to access, rectification, deletion, opposition, transfer and limitation, by contacting FACEPHI via email at the address dpo@facephi.com
It is important that the User makes the request from the email address used at the time of registration, proves their identity with a scanned copy of their ID or equivalent document, and clearly specifies the right they wish to exercise.
It is recommended that the User provide all the information about the FACEPHI Websites that they use or have used, as well as the personal data provided at the time of registration, in order to adequately attend to their request.
The User will also have the right to file a complaint or claim with the AEPD. More information on this is available at www.aepd.es.
3. General Conditions for FACEPHI websites
The use of the FACEPHI Websites implies acceptance of the Privacy Policy and these conditions, as well as the particular conditions that may apply and that will always be available together with the chosen websites, forming part of the Agreement with FACEPHI when using FACEPHI websites.
3.1. Intellectual property
FACEPHI is the owner or licensee of all intellectual and commercial property rights to the contents of the FACEPHI Websites, protected by intellectual or commercial property rights.
In the event that the User provides content through the FACEPHI Websites, they must guarantee that they possess all the necessary rights for said content to be displayed on FACEPHI Websites.
The use of FACEPHI Websites does not imply a transfer of intellectual property rights to the User, unless expressly stated otherwise.
The User undertakes to respect the intellectual and commercial property rights of FACEPHI and any other third party. In addition, the contents are the intellectual property of FACEPHI or the third parties, and none of the exploitation rights or any other rights that exist or may exist over said Contents may be understood to be assigned to the User or Client.
3.2. FACEPHI’s Responsibility
FACEPHI and the Management Companies act in good faith and are not responsible for any claims that may arise from the quality, reliability, accuracy or correctness of the content hosted on FACEPHI Websites or other means of communication.
FACEPHI is not responsible, in any circumstance, for damages of any nature that may be caused, by way of example: Through errors or omissions in contents, lack of availability of the FACEPHI Websites or the transmission of viruses or malicious programmes, despite having adopted all of the necessary technological measures to avoid such viruses and programmes.
FACEPHI reserves the right to make the modifications it deems appropriate to the FACEPHI Websites without prior notice, being free to change, delete or add both content and Websites and the way in which they are presented or located.
FACEPHI reserves the right to deny or withdraw access to any of the FACEPHI Websites without prior notice, at its own request or by a third party, to those Users who fail to comply with these General Conditions of Use.
3.3. User Responsibility
The User agrees to act in good faith in their use of the content and Websites that FACEPHI offers through the FACEPHI websites and not to use them to engage in illicit or illegal activities, nor activities contravening good faith and public order; disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, defend terrorism or an attack against human rights; cause damage to the physical and logistical systems of FACEPHI, its suppliers or third parties, introduce or spread computer viruses or any other physical or logistical systems that are likely to cause the aforementioned damage; try to access and, where appropriate, use the email accounts of other Users, or modify or manipulate their messages.
The Users of some FACEPHI websites are authorised to generate content in some areas. Said content must, in all cases, respect intellectual property regulations, as well as the right to honour, privacy and image, as well as the standards of behaviour and conditions published on FACEPHI Websites. These standards of behaviour are expressly agreed to by accepting this clause.
Users are responsible for the content generated by FACEPHI websites, ensuring that they hold intellectual property rights or the authorisation of people who own its licenses. The content generated by Users is made under their responsibility, without the possibility of future claims against FACEPHI for this content. Efforts will be made to guarantee the quality of said content and the proper use of the websites, limiting the anonymity or pseudonyms available to the Users in the content they generate.
FACEPHI reserves the right to withdraw all comments and contributions that violate the standards of behaviour published on the FACEPHI websites, and which violate respect for personal dignity, are discriminatory, xenophobic, racist, pornographic, attack minors or children, contravene public order or public safety, or that, in their opinion, are not suitable for publication.
The User must refrain from deleting, altering or manipulating any protection device or security system that was installed on any of the FACEPHI Websites.
Likewise, the User will refrain from using the contents of the FACEPHI Websites for inclusion on other websites.
Should inappropriate use of its websites by a User be detected, FACEPHI reserves the right to exclude the User from them.
In the event of FACEPHI considering that the stipulations and conditions that the User agrees to comply with by accepting this Policy have not been respected, the User’s account may be cancelled. This cancellation will be made at the discretion of FACEPHI and without the need for prior notice.
3.4. Applicable Jurisdiction
The relationship between FACEPHI and the User will be governed by current Spanish regulations and any controversy will be submitted to the legally competent Courts and Tribunals. In the event that the User is not a single person, the competent Courts and Tribunals will be those of the City of Alicante.
FACEPHI will pursue legal action for the breach of these conditions, as well as any improper use of this website, exercising all civil and criminal actions that may correspond by law.
FACEPHI may modify the conditions determined here at any time, with them being duly published as they appear here.
The validity of the aforementioned conditions will be based on their exposure, and will be in force until they are modified by others and duly published.