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Privacy policy

Welcome to our Privacy Policy that you must read prior to entering your personal data to use our app.

This Privacy Policy provides information on how STILL ON HOLIDAYS, S.L. (hereinafter, “BeMyPhone”) collects and processes your personal information and how this information is used following access to or use of the app BeMyPhone and its corresponding web site. (http://bemyphone.com).

In this Privacy Policy we explain the terms and conditions under which we capture, manage and store data of users when they use our app or our web site.

At BeMyPhone we consider that the privacy or our clients and users is a priority. Therefore we apply a policy of transparency to all our processes, so that you are at all times informed and you can have control over your personal data.

You can terminate your consent, uninstall the app or request your data to be deleted at any time.

When accessing or using the app you accept and authorise the collection,  processing and communication of your personal data under the terms and conditions set forward in this Privacy Policy, as well as the use of cookies as described in our  Cookies Policy.

Principles

As a user you must be aware that your rights are guaranteed when you use or visit this web site. Below you can see our principles regarding your privacy:

 

  • Principle of lawfulness, fairness and transparency: We shall always request your consent to process your personal data. Moreover, should the purposes for which they were collected change, we would previously inform you to request your consent, always with full transparency.
  • Principle of data minimisation: We shall only request from you the data that are strictly necessary in relation with the purposes for which they are being collected.
  • Principle of storage limitation: Your data shall be stored for the time needed for processing, depending on the purpose, informing you of the corresponding retention time.
  • Principle of integrity and confidentiality: The security and integrity of your data, as well as their confidentiality shall be guaranteed. All necessary measures shall be taken to avoid unauthorised access or misuse by unauthorised third-parties

 

 

Responsible for data processing

 

  • Identity of the responsible: STILL ON HOLIDAYS, S.L.
  • Tax ID: B52544574
  • Address: C/ José María Martínez 1, bajo. 33209 - Gijón (España)
  • Telephone: +34 985332122
  • eMail:  info@bemyphone.com

 

 

How have we collected your data?

The personal data we handle come from:

 

  • Contact forms.
  • Account registers at BeMyPhone.
  • By downloading the app BeMyPhone in your mobile device and accepting the permits of the app, you are authorising us to access, collect and/or process the data stored or generated in your mobile device, under the terms set forward in the aforementioned permits.
  • By accessing the app through identification and authentication systems of social media or other third-party services (Facebook login), you authorise us to collect the information that might be available in/via your user account with such third party, such as your first name and surname, DOB, gender, or any other information you have published.
  • If you buy the app, we will not have access to your payment data, as in this cases it is directly connected with the payment gateway and we cannot see your means of payment.
  • Anonymous information on preferences, interests and browsing history on the app or on the web site, using traceability techniques.

 

 

We do not handle data showing the ethnic or racial group, political opinions, religious or philosophical affiliation, trade union memberships, genetic data, biometric data intended for physical recognition, health data or data related with the sexual life or sexual choice of a person.

 

What personal data do we collect?

We can collect your contact data when you log in and/or use BeMyPhone. These data include, among others, first name and surname, email address and telephone number. All data marked as mandatory in any form must be filled in so that failing to do so might hinder the possibility to log in or use the app.

Other identification data are also collected, such as the registered mobile device ID or the IP address.

When you sync your mobile with BeMyPhone you send us information on your contacts, apps, event calendar, images, videos and notes. This information travels between your device, the services of BeMyPhone and our data centres, in one or both ways.

 

What other information do we collect?

We store other non-identifying data that are collected by certain cookies that are downloaded into your computer or mobile device when you use our app or visit our web site. This information is specified in the Cookies Policy.

We shall never use the collected information in association with your personal profile and for carrying out actions addressed to an individual person.

Thus we can use statistical and analytical data and other aggregated data derived from the use of the app by users (“Use Data”) to improve and customise the app and the web site, as well as for offering other products or services to third parties. The Use Data can be used by us freely as long as they are previously unlinked or rendered anonymous, in accordance with the applicable law on data protection.

We use the information we receive this way to:

  • Carry out segmentations that allow us customise the access to and the use of the app.
  • Internal operations including trouble-shooting, data analysis, research, development and improvement of the service.
  • Send or allow that us or the Host send notifications related with the use and performance of the app.
  • Protect the rights or the property of BeMyPhone.

In case you access other web sites using links included in the web site of BeMyPhone, the latter takes no responsibility for the processing of your personal data performed by such web sites.

 

For what purposes do we process your data?

We use the information you give us to enhance your access to and use of BeMyPhone, and to ensure the right and optimal operation of the app.

By providing this information you consent to the collection, exploitation, handling and storage of this information by BeMyPhone under the terms and conditions established in this Privacy Policy.

BeMyPhone uses your personal data for the following purposes:

 

  • User registration: In order to register with BeMyPhone you must enter your identification data, such as first name and surname, email address and the telephone number you are going to sync with BeMyPhone. You can also register through access systems like Facebook Connect. The legal basis for data processing is based on a contract. Your data will be kept as long as you are a member of BeMyPhone, and you do not unsubscribe or exercise any of the rights to which you are entitled in accordance with the regulation on Personal Data Protection.
  • Contact: You can contact us through the contact forms included in the app or in the web site. You will have to give your identification data as well as specify the cause for contacting. We will use these data to process your consultation and contact you. The legal basis for the processing of such data is based on the consent by users. The retention period of data for this purpose is one year, unless other period is legally applicable.
  • Synchronisation of your mobile with BeMyPhone: We protect these data with several security layers, including cutting-edge encrypting technology, such as  HTTPS and Transport Layer Security. Encryption adds a higher level of security and privacy to our services. When you do things like sending an email, sharing a video, visiting a web site or storing your photos, the data you generate travel between your device, the services of BeMyPhone and our data centres.
  • Observing the duties and obligations applicable to BeMyPhone according to the effective law in each country.

 

 

How long are your data going to be kept?

We store your data for the time needed to provide the services provided by BeMyPhone. In general, the information associated with your account is kept until you eliminate your account, but this can vary depending on the local regulation in each country.

 

In particular, the personal data you give us are kept:

 

  • As long as the commercial relationship exists.
  • As long as you do not request the execution of any of the rights of erasure, opposition or cancellation of your personal data.
  • During the time needed to fulfil the legal obligations existing in each country.

 

 

What is the legal basis for processing your data?

The legal basis for processing your personal data is, on the one hand the execution of a contract and, on the other hand, the user's consent. The legal basis is based, therefore, on the execution of a contract for the use of our app in accordance with the terms and conditions of such contract applicable to our service. Moreover, you are granting us your consent for processing the rest of your personal data.

In any case, BeMyPhone shall cancel the data registered when they are no longer needed or relevant for the purpose for which they were collected, and they may be kept -properly blocked- for the duration of any kind of liability arising from any legal relationship or duty or the execution of a contract or the application of pre-contractual measures requested by the data subject.

 

Who will be the recipients of your data?

BeMyPhone can process your data directly or through third parties that acting on their behalf, as data processors, fully fulfilling the duty of secrecy and observing at all times the effective regulation on Personal Data Protection.

In order to provide the services to carry out its activity, BeMyPhone may share your data with external providers, under the corresponding privacy terms.

External providers shall have access to the information needed to carry out their functions as Data Processors, but shall not use it for any other purposes. Moreover, they must handle the information provided in accordance with this Privacy Policy and the applicable law on data protection.

Some of our providers are located in the European Union (EU) and others may be located outside the EU. By using the app BeMyPhone your authorise us to transfer your personal data to the servers of external providers and for your data to be processed in the countries of these third parties for the purposes set forward in this Privacy Policy.

In particular, the external service providers of BeMyPhone, that may keep personal data of users are the following:

Providers within the EU:

Izertis, S.L: Handles the data in order to provide technology consulting services to BeMyPhone and as hosting provider. It is head-quartered in Avda. del Jardín Botánico 1345, 33203 - (Gijón) – Asturias. Spain.

Moreover, we have authorised Izertis, S.L. to outsource the hosting service, that they manage through the platform Azure, of Microsoft. Microsoft offers EU clients Contract Clauses that include specific terms to guarantee the transfer of data of EU citizens, also guaranteeing that Azure provides its EU clients the data protection standards requested by European authorities.

Esferia 54, S.L. (Neozink): Handles data to provide its consulting services for marketing, promotions and web site design of BeMyPhone. It is head-quartered in Mahón, 8 – 28290. Las Rozas - Madrid (Spain). It has the following privacy policy: http://neozink.com/politica-privacidad/

Providers outside the EU:

Google: Our app uses the services of Google Analytics to analyse the use and optimise the performance of the app and the web site. Among other things we can  identify the options that are most used in the app, the most visited pages in the web site, the time spent visiting the contents of the service, user behaviour flows, app errors, etc., always without the possibility to identify personally.

We use Google Analytics with this sole purpose, therefore the users performing the actions are never identified and their identity is kept anonymous and cannot be inferred.

Google processes the information in its own servers, therefore your personal data will be located outside the EU. Google is head-quartered in 1600 Amphitheatre Parkway, Mountain View (California) CA 94043, USA and has adhered to the Safe Harbour Agreement, that guarantees that all data transferred shall be handled with a level of protection according to European regulations.

 

Legal Requirements

We can keep your information and share it following a legal requirement (a judicial mandate, a court decision or a subpoena, for instance) if we believe that the effective law in each case forces us to do so. We may consult, process or keep your information for a long period of time when it is subject to a court request or mandate, or government investigation.

 

What are your rights when you give us your data?

As data subject you are entitled to:

  • Request information on the personal data that we keep.
  • Request their rectification or erasure.
  • Request the limitation of their processing.
  • Oppose their processing.  
  • Request the portability of your data.

 

You are entitled to access your personal data, as well as request the rectification of inaccurate data or, as the case may be, request them to be erased when, among other reasons, the data are no longer needed for the purposes for which they were collected.

Under certain circumstances you can request the limitation of the processing of your data, in which case we shall only keep them for the exercise or defence of legal claims.

Under certain circumstances and for causes related with your particular situation, you can oppose the processing of your data. In this case, BeMyPhone shall cease to process your data, unless compelling legitimate grounds are given, or for the exercise or defence of legal claims.

Should you have granted your consent for a specific purpose, you are entitled to terminate the consent granted at any moment, without affecting the legality of the processing based on the consent granted prior to its termination.

You can exercise your rights addressing the Data Processor.

You are also entitled to effective remedy and to file a claim to the control authority of your country if you consider that the processing of your personal data violates current regulations.

 

Data accuracy and veracity

The data you provide as user must be true, accurate, complete and up to date.

In any case, you are solely responsible for any loss or damage, direct or indirect, caused to BeMyPhone or to any third party, resulting from filling in the forms with false, inaccurate, incomplete or outdated data, or with data from third parties without their previous consent before communicating them to BeMyPhone.

 

Social media

Moreover, your personal data can also be used to manage the social media.  BeMyPhone is present in the following social media: Twitter, Facebook, Google+, YouTube, Instagram and LinkedIn.

The processing of your data when you become a follower in social media shall be governed by this section, as well as by the terms of use, the privacy policies and access regulation of the social network in question, previously accepted by you. BeMyPhone shall process your data in order to properly manage your presence in the social network, informing on activities, products or services of BeMyPhone. If you post a comment or interact in the social networks where BeMyPhone is present, you must know that your data may be published in the environment where you are being active, i.e. you are expressly authorising the communication of your data, associated to the action you carry out, to the other users of this web site or social network.

You can only publish in the social networks of BeMyPhone personal data, photos and information or other contents of your property or for which you have an authorisation to use them issued by a third party.

BeMyPhone warns you that it assumes no responsibility and cannot guarantee confidentiality and security in the processing of the data by Twitter, Facebook, Google+, YouTube, Instagram and LinkedIn, as well as third parties that might access these data, or other third parties that place hyper-links to the said social media.

 

Under-age users

The use of personal data in the scope of the services of the information society for under-age users is legal as long as they are over 16 years old. However, this age limit can be lowered in the EU and established by each member state, with a lower limit of 13 years of age. Therefore, this app is addressed only to people over 13 years of age, so if you are under this age you are expressly banned from registering with and using this app. On these grounds, no system of parental authorisation is in place and by registering with the platform you guarantee you are over this age limit.

We reserve the right to request any information that may be used to verify your age, as well as eliminating or disabling any account of anyone under the aforementioned age or when failing to submit the requested documents within the deadlines established in the request.

 

Modifications to the Privacy Policy

The evolution of the services offered through this platform or the change of the regulations on privacy may require the incorporation of changes to this Privacy Policy. If we make changes, we will notify you by publishing it on our web site, or including messages on the app or via email, depending on the circumstances.

If the changes are substantial, we shall require your explicit authorisation, or we shall grant you a limited period of time to oppose the new terms.

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