WHO ARE WE?

Data Controller: BRAINSRE S.L. (hereinafter, “BRAINSRE”)

Registered Office: Almagro Street 3, 1st Floor – Right, 28010 – Madrid, Spain

Email: info@brainsre.com or support@brainsre.com

OBLIGATION TO PROVIDE THE PERSONAL DATA.

Data requested in the forms of the Platform are in general mandatory in order to meet the stated purposes (unless the required field specified the opposite).

Therefore, if these are not provided or are not provided correctly, BRAINSRE will not be able to properly provide its services.

WITH WHAT PURPOSE WILL THE PERSONAL DATA OF THE USER BE PROCESSED?

The personal data provided through the Platform will be processed by BRAINSRE, according to the following purposes:

• Management of the contractual relationship with the User for the contracting of BRAINSRE services.
• Manage the registration of the User in the Platform.
• Manage, process, send and track the contracting of the services offered by BRAINSRE.
• Manage the collection of services contracted by the User.
• Contact the User to help him/her complete the contracting of the services, when the payment process has not been completed or to assist him/her, where necessary, in carrying out the provision of the required Tasks in return for access to and use of the Platform, including its services.
• Answer the questions raised in the contact forms
• Manage, process and answer the User’s petitions, requests, incidents or queries.
• To attend the exercise of the User’s rights
• Process, analyze, answer and, where appropriate, execute the exercise of rights requested by the User in accordance with the provisions of Section 12 of this Privacy Policy.
• Monitor, secure and claim the problems, incidents or illicit derived from the User’s activities.
• Monitor the activity of the User for security reasons, to fight against fraud and control over the services provided to the User (e.g. geolocation of the scooter).
• Analyze, manage and process incidents related to the provision of the service to the User.
• Processing of claims, incidences and illicit carried out by the Users due to the contracting of services.
• Internal reports and analysis to improve the services offered in BRAINSRE’s Platform
• Analyze, manage and produce internal reports on User’s behavior to implement improvements in the Platform.
• Quality and satisfaction surveys
• Carry out and analyze quality and satisfaction surveys related to the services provided by BRAINSRE
• Carry out and analyze reports and analytics obtained from the User’s responses.
• Personalized commercial and promotional communications
• Send commercial and promotional communications through electronic or conventional means about products similar or identical to services previously acquired or contracted to BRAINSRE.
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WHAT IS THE LEGITIMACY OF THE PROCESSING OF THE USER’S DATA BY BRAINSRE?

The lawfulness of the processing of the personal data will be the following:

Management of the contractual relationship between the User and BRAINSRE related to the subscription and/or free trial:
All the processing derived from this purpose will have as basis for lawfulness the compliance of the contractual relationship.

Answer the questions raised in the contact forms:
The processing of data derived from this purpose is the compliance with the contractual relationship or for the application at the User’s request of pre-contractual measures.

To attend the exercise of the User’s rights:
All processing deriving from this purpose shall be based on the compliance with legal obligations, in accordance with the applicable data protection regulations.

Monitor, secure and claim the problems, incidents or illicit derived from the User’s activities:
All processing derived from this purpose will have as a basis for lawfulness the legitimate interest, recognized to the data controller by law.

This legitimate interest is based on ensuring that the services are not used for unlawful purposes and, in the event that they are produced, manage, process and solve the illegal conduct carried out by the User.

Internal reports and analysis to improve the services offered and BRAINSRE’s Platform:
All processing derived from this purpose will have as a basis for lawfulness the legitimate interest, recognized to the data controller by law.

This legitimate interest is based on being able to offer Users both the services of BRAINSRE and its Platform with the highest quality and best experience possible.

Quality and satisfaction surveys:
All processing derived from the carrying out of quality and satisfaction surveys will have as a basis for lawfulness the legitimate interest, recognized to the data controller by law.

This legitimate interest is based on being able to offer Users both the services of BRAINSRE and its Platform with the highest quality and best experience possible.

Personalized commercial and promotional communications:
All processing derived from this purpose will have as a basis for lawfulness the legitimate interest, recognized to the data controller by law.

This legitimate interest is based on the consideration of the interest of Users as clients of BRAINSRE to offer them services through direct marketing.

The User has the right to oppose to the processing of his/her personal data for the purpose of sending personalized commercial communications, including profiling for personalization, at any time and without cost. The user may express this opposition by clicking on the link established to unsubscribe from commercial communications or by sending an e-mail to the following e-mail address: info@brainsre.com or support@brainsre.com.

Likewise, in the event that the User gives his/her consent for BRAINSRE to process his/her data for any additional purpose to those mentioned in this Privacy Policy, the User will be duly informed of said processing, and the User himself/herself will be entitled to revoke said consent by contacting BRAINSRE through the following e-mail address: info@brainsre.com or support@brainsre.com

TO WHOM WILL THE USER’S DATA BE DISCLOSED?

Your personal data may be disclosed to:

Public authorities to the extent necessary to comply with applicable law.
Courts to the extent necessary to comply with applicable law.
The State Security Forces and Corps to comply with applicable law.

INTERNATIONAL DATA TRANSFER.

BRAINSRE does not intend to transfer Users’ personal data to a third country or international organization. However, in the event that this is the case, the Users will be expressly informed of this circumstance, indicating them the existence or absence of a decision of adequacy by the Commission, or the adequate guarantees and the means to obtain a copy of these.

RETENTION OF PERSONAL DATA.

The User’s data will be kept during the following periods:

• Data provided to formalize the subscription and/or free trial:
• The data provided to manage, process, send and monitor the provision of services will be kept during the contractual relationship and, once it has ended, during the prescription period of the legal actions that may derive from it.
• The data used to contact the User to finalize the order, to make the payment or to provide the required Tasks in return for access to and use of the Platform, will be conserved during a period of thirty (30) days.
• Data provided through contact forms:
• Data provided through contact forms will be kept for the necessary time to process and respond to your request and, once completed, during the statute of limitations of the legal actions arising from that request.
• Data used to meet the exercise of rights of Users:
• Data used to meet the exercise of rights of Users, will be retained for the necessary time to carry out the right requested by the User and, once complied with that right, will be retained until the prescription of any liabilities arising from this processing.
• Data used to monitor, ensure and claim the problems, incidents or illicit derived from the activities of the Users:
• Data used to monitor, ensure and claim the problems, incidents or illicit derived from the activities of the Users will be kept for the necessary period to process and compensate the problems, incidents or illicit related to the conduct of the Users, until the prescription period of their legal actions.
• Drafting of reports and internal analysis and implementation of improvements in the services and the Platform BRAINSRE:
• 5. Drafting of reports and internal analysis and implementation of improvements in the services and the Platform BRAINSRE will be retained for as long as needed to provide services to Users and until he/she opposes or ceases to be needed to meet the stated purpose and have prescribed any liabilities arising from the provision of services.
• Carrying out quality and satisfaction surveys:
• Carrying out quality and satisfaction surveys will be kept for as long as needed to provide services to Users and until he/she opposes or ceases to be needed to comply with the established purpose and have prescribed any responsibilities arising from the provision of services.
• Data used to send personalized commercial communications:
• Data used to send personalized commercial communications will be processed until the User opposes.

In any case, BRAINSRE will duly block the personal data of the Users, not having access to the same from the moment in which these cease to be necessary to comply with the purpose for which they were collected, being only treated in the event that this is required by the competent judicial or administrative authority in the cases expressly established in the Law.

GEOLOCATION.

Functionalities of BRAINSRE’s Platform may use geolocation.

The User may directly disable this option in the device or browser itself; however, deactivation of this option may restrict the use of some of the features of the Platform, which may not work properly.

RESPONSIBILITY OF THE USER.

The User:

• Warrants he/she is over 18 years old and the data he/she provides to BRAINSRE are true, exact, complete and updated. In this sense, the User is responsible for the truthfulness of all the data he/she communicates and will provide updated information, in a way that responds to his / her actual situation.
• Warrants he/she is a professional and will only use the Platform for professional purposes. The User also warrants he/she duly represents an entity which is interested in using the Platform.
• Warrants he/she has informed third persons whose data has been provided, if any, of the aspects contained in this document. You also warrant you have obtained his/her authorization to provide their data to BRAINSRE for the purposes indicated.
• Will be responsible for false or inaccurate information provided through the Platform and for direct or indirect damages which may be caused to BRAINSRE or to third parties.

EXERCISE OF RIGHTS.

The User may send a letter to BRAINSRE, to the address indicated in the heading of this Privacy Policy, or by means of an email to the address: info@brainsre.com or support@brainsre.com, attaching a copy of his/her identity document, at any time and free of charge, to:

• Revoke the consents granted.
• Obtain confirmation as to whether BRAINSRE is processing personal data related to the User or not.
• Access his/her personal data.
• Rectify inaccurate or incomplete data.
• Request the erasure of your data when, among other reasons, the data is no longer necessary for the purposes for which they were collected in the first place.
• Obtain from BRAINSRE the restriction of the processing of the data, if any of the conditions stipulated in the data protection regulation is fulfilled.
• Request the portability of your data in the situations set forth in the applicable regulations.
• Likewise, the User may lodge a complaint to the Spanish Agency for Data Protection, C/ Jorge Juan 6, 2800 Madrid, if he/she considers BRAINSRE has violated the rights which are recognized in the applicable data protection regulation.

SECURITY MEASURES.

BRAINSRE will process the User’s data at all times in an absolutely confidential manner and keeping the mandatory duty of confidentiality, in accordance with the provisions of the applicable regulation, adopting the necessary technical and organizational measures to guarantee the security of your data and avoid its alteration, loss, unauthorized processing or access, taking into account the state of the art, the nature of the stored data and the risks to which they are exposed.

CHANGES.

BRAINSRE reserves the right to review its Privacy Policy when it deems it appropriate, in this case the Users will be informed. For this reason, please check this privacy statement regularly to read the most recent version of the BRAINSRE Privacy Policy.

ACCEPTANCE AND UNDERSTANDING.

The User declares to have been informed of the conditions on personal data protection, accepting and understanding the content of this Privacy Policy. Otherwise, please do not accept the Privacy Policy and/or do not use the Platform.