In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereinafter, "GDPR") and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, we inform you about the following aspects:
- 1. IDENTIFICATION OF THE CONTROLLER
The MOBS application is the property and responsibility of THE MOBS, INC with registered office at 533 PALO ALTO AVE, MOUNTAIN VIEW, CA 94041, USA , and NIF 81-4863828 , and email firstname.lastname@example.org , and acts as Responsible for the Treatment of your personal data, subject to the aforementioned legal regulations, with regard to the processing of personal data and the free circulation of these.
Also, in compliance with the provisions of art. 27.1. of the GDPR, we have a representative in the union established in Spain. In such a way that Verónica Torras Ramilo will act in support and representation of our THE MOBS, INC in the processing of your personal data.
The contact details of our representative in the EU are as follows:
- Name: Veronica Torras Ramilo
- Email: email@example.com
- Postal address: C/ ERASME DE JANER 11, ATTIC 1 (08001) BARCELONA
- 2. LEGITIMATION OF THE PROCESSING
Our application treats your personal information respecting everywhere the principle of legality, loyalty and transparency of the GDPR. Likewise, we inform you that the completion of the registration form is mandatory to access and enjoy the services offered by the application. Failure to provide the requested personal data or failure to accept this data protection policy implies the impossibility of providing our services and, where appropriate, subscribing, registering or participating in any of the promotions in which personal data is requested.
Therefore, we inform you that your personal data will be processed for the fulfillment of the following purposes:
Based on the execution of the contract between you and our entity (Art. 6..1.c. of the GDPR):
- · Register your data and create your access account.
- · Record your preferences and save your profile settings.
- · Respond to your queries and requests.
- · Notify you of developments in your account.
Based on your consent (Art. 6.1.a of the GDPR):
· Newsletter sending.
Based on our legitimate interest (Art. 6,1,f of the GDPR):
- · Newsletter sending.
The completion of the registration form is mandatory to access and enjoy the services offered by the application. Failure to provide the requested personal data or failure to accept this data protection policy implies the impossibility of providing our services and, where appropriate, subscribing, registering or participating in any of the promotions in which personal data is requested.
- 3. RECIPIENTS OF ASSIGNMENTS.
During the duration of the processing of your personal data, the organization may transfer your data to the following recipients:
- · Judges and Courts.
- · State Security Forces and Bodies.
- · In general, competent public authorities or bodies, when the person in charge has a legal obligation to provide personal data.
4. INTERNATIONAL DATA TRANSFERS
The personal data provided through the application is transferred to entities located outside the European Economic Area. Specifically to these countries:
COUNTRY OF RECIPIENT: UNITED STATES
· DATA/COLLECTIVE: APP USERS – CREATORS AND CONSUMERS
· PURPOSE: For the correct provision of the requested service.
· WARRANTY: Express consent of the interested parties. Art. 49.1a of the GDPR.
* For transfers to the US that require your consent, by granting it you declare that you accept and understand the risk involved, since the state has laws that allow access to said data by national authorities.
- 5. RIGHTS OF USERS
You can exercise, at any time and completely free of charge, the rights of access, rectification and deletion, as well as request that the processing of your personal data be limited, oppose it, request its portability (whenever technically possible). or withdraw the consent given, and where appropriate, to not be subject to a decision based solely on automated processing, including profiling. To do so, you can send a letter to the postal address or email address indicated above.
In the event that you feel your rights have been violated with regard to the protection of your personal data, especially when you have not obtained satisfaction in the exercise of your rights, you can file a claim with the competent Data Protection Control Authority (Agency Spanish Data Protection), through its website : www.agpd.es.
In compliance with the provisions of article 21 of Law 34/2002 on services of the information society and electronic commerce, if you do not wish to receive more information about our services (newsletter), you can unsubscribe by following the instructions you will receive. in the same advertising mail.
- 6. AUTOMATED DECISIONS AND PROFILES
The APP does not make automated decisions or create profiles with your data.
- 7. CONSERVATION PERIOD
Your personal data will be kept for the time necessary to fulfill the purpose for which it was collected. Once the purposes have been fulfilled, or when you have exercised the right to oppose or delete your data, these will remain blocked in the systems of the person in charge in accordance with the limitation periods legally established by:
- 5 years according to the Civil Code, in case of contractual obligations.
8. ACCURACY AND VERACITY OF THE DATA PROVIDED
You are solely responsible for the veracity and correctness of the data included, exonerating the person responsible for the treatment of any responsibility in this regard. By using our APP, you guarantee, in any case, the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. In addition, you agree to provide complete and correct information in the registration or subscription form. Our entity will not be responsible for the veracity of the information that is not of its own elaboration and for which another source is indicated, for which reason we do not assume any responsibility regarding hypothetical damages that could be caused by the use of said information.
We reserve the right to update, modify or delete the information contained in your application and may even limit or deny access to said information.
- 9. ORIGIN OF THE DATA
We only process personal data that comes directly from you with your prior consent.
The personal data we use are:
- Consumers: Name and surname, email
- Creators without prior invitation to MOBS: Name and surname, email and password, artistic name, Instagram account.
- Creators with prior invitation to MOBS: Name and surname, email and password, artistic name, Instagram account, short and long self-description, if you accept discounts, if you agree to receive business orders, if you donate your income to an NGO and her name, a professional photo for her profile, a presentation video of less than one minute, her date of birth, her country of birth and her country of residence.
- 10. MINORS
The APP directs its services to users over 18 years of age. Minors under this age are not authorized to use our services and should not, therefore, send us their personal data. We inform you that, if such a circumstance occurs, THE MOBS, INC. is not responsible for the possible consequences that may arise from failure to comply with the notice established in this clause.
- 11. TERMINATION OF THE APPLICATION
At any time, you can delete your user account and uninstall the application. To do this, you can go to your application manager (Apple Store / Google Store) or simply delete the app from your mobile device or access the Settings menu of the app and then select the "Delete account" section.
Once you delete your account and uninstall your application, we delete your data from our database, except those that need to be kept by mandatory legal provision.
- 12. SECURITY MEASURES
Our entity has implemented the necessary security measures to protect the privacy and security of your personal data.
For this reason, our entity is not responsible for hypothetical damages or losses that could be derived from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of its electronic system, due to causes beyond the control of the application, delays or blockages in the use of your electronic system caused by deficiencies or overloads of telephone lines or overloads in the Data Processing Center, in the Internet system or in other electronic systems, as well as damages that may be caused by third parties through illegitimate intrusions outside the control of the application.
The username and password used for registration and access to the application is personal and non-transferable, and the user is responsible for taking the necessary precautions to avoid its improper use. We are not responsible for any misuse you may make of it.