Soy Barcelona GDPR

GDPR terms of the services platform Soy Barcelona

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GDPR

Updated 30 June - 2022

Control over personal data is a fundamental right of every individual. Considering the fact that organizations all over the world collect data about customers in order to offer a more personalized experience in the provision of services, it is becoming increasingly important for companies to manage data in a transparent manner, with the consent of the customer.

The "General Data Protection Regulation" (or "GDPR") is one of the most important changes to data privacy regulations in the last two decades. It establishes a new framework for managing and protecting the personal data of European Union (EU) residents and came into force on 25 May 2018. It gives EU citizens greater control over their personal data, ensuring that their information is protected.

1. CONTEXT

The purpose of this regulation is to defend the right to intimate, family and private life with regard to the processing of personal data.

Although the GDPR is a data protection framework for citizens, natural persons, who live in the European Union, this regulation applies to all companies that manage the personal data of people located on the territory of the European Union. This means that almost every company in the world will have to be prepared after the entry into force of the GDPR. Any person, natural or legal, who stores and processes personal data in connection with services or goods offered within the European Union will be subject to this regulation. Also, in case of violation of these laws, severe sanctions are foreseen starting from 10 to 20 million euros or from 2% to 4% of the international turnover of the organization, depending on the value which is higher.

2. PERSONAL DATA OPERATOR

We, Soy Barcelona Community, further represented under the commercial name "SoyBarcelona.com" ("we","new","our" or "Service"), the legal entity as data operator and in accordance with the provisions of Regulation no. . 679 of April 27, 2016, we are responsible for the collection and processing of personal data, as described below.

3. THE RIGHTS OF THE PERSONS CONCERNED

At Soy Barcelona, ​​we are committed to providing a service that allows our clients increased control over their own data by implementing and complying with prescribed compliance policies.

In accordance with the general data protection regulation, we undertake to act on the requests received within a maximum period of 30 days from the moment of their receipt.

This period can be extended by two months when necessary, taking into account the complexity and number of applications. In this case, Soy Barcelona will inform the person concerned about any such extension, within one month of receiving the request, presenting the reasons for the delay.

The information will be provided free of charge, in electronic format where possible, unless the data subject requests another format.

If the request of a data subject is clearly unfounded or excessive, in particular due to their repetitive nature, Soy Barcelona will reserve the right to apply a reasonable fee taking into account the administrative costs for providing the information, communication or for taking the requested measures or to refuse to comply with the request. In both situations, demonstrating the unfounded, unfounded or excessive nature of the request.

At the same time, if there are reasonable doubts regarding the identification of the person making the request, we have the right to request additional information necessary to confirm the identity of the person concerned.

Your data is protected in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on their free movement and repealing Directive 95/ 46/CE and the national legislation in force, as a result you have a series of rights that you can exercise at Soy Barcelona.

The right of access to information: It is the right to find out what information, if any, we have about you.

The right to rectification: This right refers to the correction of personal data if they are inaccurate or incomplete.

The right to be forgotten: In the following cases you can request the deletion of your personal data.

  • the personal data are no longer necessary in relation to the purpose for which they were initially collected and processed;
  • the processing was carried out with your consent, which you withdraw (and there are no other legal reasons for the processing of these data);
  • you exercise the right to object and there are no imperative legal reasons for processing or there is no legal reason for keeping the personal data or if the personal data must be deleted to comply with a legal obligation;

In other cases, where the right cannot be applied, we will inform you why we cannot act on your request.

The right to restrict processing: You can ask us to restrict the processing of your personal data, for example if:

  • you contested the accuracy of your personal data that we hold;
  • we no longer need to process your personal data, but you want us to keep it for use in legal claims;
  • you objected to the processing by asking us to stop using your data, but you are waiting for us to answer you if we have compelling reasons that allow us to continue processing them;

The right to object: In certain circumstances, you can contest the processing of your personal information. To object to the processing of personal information related to marketing, you can unsubscribe via the link in the email, for other configurations see the settings section. If you object to the processing of your personal data for any other reason, this may mean that we will not be able to provide you with certain products and services.

The right to data portability: You can request that we provide you with a copy of your personal data in a structured, commonly used, machine-readable format. This right applies only to personal data that you have previously provided, that we have processed electronically, based on your consent to enter into a contract, create an account or access a service through us.

The right to withdraw at any time the consent regarding the processing of your personal data, without this affecting the legality of any processing that we have carried out based on the previously received consent.

Automated individual decision-making, profiles: In some cases, we will take over automated processing and decision-making to decide which of our products or services may be of interest to you. You have the right not to make a decision based exclusively on automatic processing (including the profile) that produces legal or similar effects.

This does not apply when the processing is necessary for the execution of a contract, is authorized by law or the person has given his consent for the processing (although they can later revoke the consent).

If you were inadvertently affected by an automated decision and/or you think we made a mistake or if you have other information to support your case, there is an underwriting process in place. We cannot guarantee that we will reverse a decision, but we will always be happy to reconsider your request if you believe that you have been wrongly rejected.

4. DATA PROTECTION AUTHORITY

Due to our limited organizational structure and the fact that we do not collect and process special categories of data (special categories of data of a special nature are considered to be those information that reveal racial or ethnic origin, political opinions, religious confession or philosophical beliefs or membership in trade unions and the processing of genetic data, biometric data for the unique identification of a natural person, health data or data regarding the intimate life or sexual orientation of a natural person) and we do not systematically monitor or track natural persons on a large scale, the appointment of an Officer of Data Protection is not mandatory.

However, before submitting a complaint to the data protection authority, we appreciate the opportunity to try to resolve your issue. That's why we ask you to contact us at socios@soybarcelona.com.

For national issues regarding data protection, you can contact the local authority represented by the National Supervisory Authority for the Processing of Personal Data

Privacy policy regarding the processing of personal data

SoyBarcelona.com, is a digital service provider, further represented under the trade name "Soy Barcelona" ("we","new","our" or "Service"), service platform.

As a data operator and in accordance with the provisions of Regulation no. 679 of April 27, 2016, we are responsible for the collection and processing of personal data, as described below, in accordance with the Terms and Conditions of Use.

Using the "Soy Barcelona" platform represents your agreement to accept this Privacy Policy contained in this document. For a better functioning of the "Soy Barcelona" platform, we reserve the right to periodically update this Policy, to reflect any changes made to the way we process your personal data or any changes to the legal provisions, so read this document carefully before using our services.

1. DEFINITIONS AND TERMS

User - natural person with a minimum age of 18 or legal person registered on the Soy Barcelona platform, who, by completing the account creation process, has expressed his agreement with the clauses specified in the Terms and Conditions.

Client - natural person with a minimum age of 18 years or legal person, who, after creating an account, requested a price offer, directly - after posting a work or indirectly - by own means by contacting the professional or the company.

Contractor - natural person with a minimum age of 18 or legal person, who, after creating an account, offers, but is not limited to, professional technical services for improvement, amelioration, repair, maintenance, marketing, software development, administration of social media accounts, counseling, etc.

Account – the form of identification on the Soy Barcelona platform, composed of an e-mail address and a password that allows the user to access the content of the site, which includes information about the user/contractor and its history (comments, reviews, etc.). The user is responsible and will ensure that all the information entered when creating the account is correct, complete and updated.

Offer – System through which professionals or companies respond to the client's requirements, which includes but is not limited to, the initial evaluation of the price offer and the duration in which the work will be completed including any other information relevant to the client, the number of reviews received by the public profile company's.

Public profile – The page accessible to any visitor of the site without the need to be registered as a user on the Soy Barcelona platform, contains information made public by a contractor with the aim of promoting both the services offered and the experience in the field, through completed projects, reviews received, etc. The public profile can contain contact data (visible only to users), work points, list of prices applied, certifications, acquired certificates and many others, depending on the configuration chosen by each individual professional or company.

Review - the form of expressing a user's degree of satisfaction with a company/professional and the services offered by them following an offer. The review is made public on the public profile of the contractor. The review is expressed in the form of stars, on a scale from 1 (being the lowest) to 5 (being the best) and may contain text to provide more information.

2. DATA COLLECTED FROM DIRECT ACTIONS

In general, we collect personal data from your direct actions with the Service, when you have expressed your consent for data processing for this purpose by checking the appropriate box at the time of account creation. Providing your personal data for the purposes mentioned in this document is voluntary. The refusal to provide data for the purposes mentioned in this document will not have negative consequences. Failure to consent to one or more of these policies, the Terms and Conditions and/or the Privacy Policy regarding the processing of personal data, will make it impossible to create an account, which will limit access to the advanced functionalities of the Platform, such as creating profiles public, evaluating professionals by submitting reviews, posting blog comments or publishing blog articles. However, you will be able to access the public pages of the Service including the blog articles without requiring an account on the Soy Barcelona Platform.

Creating a user account: During the registration process on the Soy Barcelona platform, the name, first name and a valid e-mail address will be mandatory. Once the account is confirmed, there is the option to upload a profile picture and add a phone number.

Creating a service account: After creating a user account, professionals who want to register with our service as "local professionals" can select the "Company Registration" option from the platform where the phone number will be required if it has not been already completed in the user profile, work point (location) with operating range, profession and trade name. Additionally, civil liability insurance, NIF and technical certifications can be requested to determine the identity and specialization of each craftsman. This action is optional, the worker can refuse these additional checks.

Creating a public profile: Professionals interested in promoting themselves through the Soy Barcelona website can opt to create a public profile in which a brief description of it and the services offered is required. In addition, there is the option for the professional to opt for the creation of advertising-type projects, to present various completed works, where he will have the option to add pictures, links to other sites and a short description.

Creation of a work: Both users and contractors can opt for the creation of a work that will be made public to all tradesmen registered with our service. In order to create a work, the following mandatory information will be requested: the title of the work, the profession required to complete the work, the problem presented, the location where the work will be carried out, the phone number if it has not already been specified in the user profile and the description of the problem. Optionally, a maximum number of 3 pictures can be added. The exact location of the work will be displayed only to the tradesman chosen after selecting a price offer. The phone number will be made public only to craftsmen interested in the created work.

Creating a review: To create a review, it is necessary to capture the User's Name and Surname, the review score together with the individual's opinion and in some cases the profile picture of the person leaving the review if they have an account on Soy Barcelona. These data are necessary and will be used publicly to display a review. In addition, as part of our commitment to verify that the reviews we publish are genuine, we need the phone number to be able to contact the user. The phone number is private and will only be used for the stated purpose.

Communication through the Help Center: When you contact Soy Barcelona through the email address or through the chat function, we collect information about the email address used, the display name configured in your email client and any information you send us in electronic format.

Publishing articles, comments and reviews: We store information when you express your opinion about the services offered by a local craftsman, when you publish a blog article and choose to make your personal data visible such as your name, surname and the content of the ad and /or your own personal opinion, these data will be publicly displayed on the Soy Barcelona platform.

Invoicing: We collect the following data in order to perform a correct invoicing following the legal provisions and the fiscal code in force respecting and limiting the personal data necessary for issuing an online contact type document. The online contract must include, in order to identify the beneficiary, the following information: "the name and address of the beneficiary or the services, as well as the registration code for VAT purposes or the fiscal identification code of the beneficiary, if he is a taxable person or a non-taxable legal entity". So Soy Barcelona collects the following data:

Individual

  • Full name
  • Email Address
  • The contact and email data used on the Soy Barcelona platform will be used

Company

  • The full name of the delegate / appointed person
  • The unique fiscal identification code (NIF)
  • Commercial name
  • Full address (City, street, number, block, staircase, floor, apartment)
  • The email contact data and password used on the Soy Barcelona platform will be used

By completing these mandatory data, you declare and guarantee that all the information provided is correct, precise and not misleading and that the data is real at the time of payment. Regarding legal entities, confirm that you are the administrator or the legal representative or the person designated in the company or you have an approval of the legal representative to operate on behalf of the company.

The User has the obligation to keep this updated data, necessary for issuing the invoice by the Service Provider, immediately after the appearance of any such change before purchasing the next service.

3. DATA COLLECTED AUTOMATICALLY

These data are automatically generated when you use the Soy Barcelona platform:

Cookies: A cookie is a small text file that a website saves on your computer or mobile device when you visit a web page. These modules can be used to collect session information, browsing history, to store your user preferences such as authentication, language, font size and other display preferences. You can configure the browser to refuse all or some cookies. For more information about the files, please visit the Privacy Policy

Clickstream: We collect information about your activity on the site, such as the Internet pages accessed and the order in which they were accessed, the date and duration of each visit, the clicks made and the banners presented in order to improve your experience on the Platform.

Security: When you access the platform, we automatically collect both technical access data including IP (Internet Protocol) address, browser version and type as well as session data such as the time zone and the unique customer identifier in order to secure the platform .

Device and Internet Protocol (IP): We collect information specific to the device you use, such as the device model, the operating system version, the type and version of the browser used, the IP address (internet protocol) and we associate this data with your account. This allows us to offer a uniform experience, regardless of the device used.

Location: Depending on the authorizations configured on your device, when you interact with Soy Barcelona, ​​our platform automatically collects location data through GPS technology, Wifi access points and IP protocols. This allows, for example, the automatic completion of the address when searching for professionals.

Errors and diagnosis: Thanks to the technologies that our Platform implements, when an error occurs, a reportable event is generated that collects data about the circumstances in which this error occurred in order to reproduce and fix the problem. These data may include, among others, the page where the event took place, the action performed, the data submitted in the form, the type and version of the browser, the date and time, the session information.

Customer support: When you decide to contact us via email or chat, we store information about the type and version of the device used, the type and version of the browser used, the IP address, the location of the device, the last contact date and any information transmitted in electronic text or attachment format that you decide to share with us in order to solve a problem.

4. INFORMATION FROM THIRD PARTIES

Certain data we have about you comes from various third parties, from public sources or when you use social networks, such as when you follow us ("Follow") or sign up to receive our updates ("Subscribe").

We receive other data of a technical nature and the use of our platform from providers such as Google in order to understand how the website pages are accessed in order to improve the quality and content offered by our Service.

We also receive your personal data when we run an advertising campaign, from external providers and partners such as Facebook to determine people's interest in the Platform in order to offer relevant and quality services.

5. PURPOSE AND BASIS OF PROCESSING

We will process your personal data in the following situations:

For the provision of services and the granting of access to the Platform, for example the information requested to create the account helps to guarantee the security of the platform, such as identifying the user and accessing his personal account through the e-mail address. At the same time, we improve this experience by opting to customize your profile by adding an image. Securing the content in relation to personal data when you create a request, you choose to share the exact address of the work only with the chosen professional when you accept a price offer.

In order to improve our services because we want to offer you a rich, easy and intuitive experience, for this purpose we can collect certain information about your website usage behavior, data collected following opinion polls regarding your personal preferences and recommendations improving the experience on the Platform as well as making decisions based on the analysis of reviews or comments posted on Soy Barcelona.

To defend our legitimate interests, such as protecting rights and commercial activity by adopting measures to protect the Platform and users against cyber attacks, implementing technical and organizational measures to detect and prevent fraud, including the transmission of information to the competent public authorities and to manage and maintain our Service efficiently and securely.

The purpose of these types of processing is our legitimate interest to defend our commercial activity, ensuring that all the measures we implement guarantee a balance between our interests and your fundamental rights and freedoms.

Also, in certain cases we base our processing on legal provisions such as the obligation to ensure the protection of goods and valuables provided by the applicable legislation in this matter.

To fulfill the legal obligations incumbent on Soy Barcelona in the context of the services provided through the platform, including the obligations in fiscal matters, as well as in matters of archiving.

For marketing activities, respectively for the transmission, by means of remote communication means (e-mail, sms) of commercial communications regarding the products and services offered by Soy Barcelona through our platform and other commercial communications such as market research and surveys of opinion or offers from members who offer services on the Soy Barcelona platform.

In certain situations, we can manage marketing activities for our legitimate interest in promoting and developing our commercial activity. In any situation where we use information about your person for a legitimate interest of ours, we take care and take all the necessary measures so that your fundamental rights and freedoms are not affected. However, you can ask us at any time to stop the processing of your personal data for marketing purposes by accessing the Configure notifications section, through the Unsubscribe link in the email or by contacting us at the email address socios@soybarcelona .com to resolve your request.

We do not collect or otherwise process sensitive data, cataloged by the General Data Protection Regulation in special categories of personal data or data of minors who have not reached the age of 18.

6. RETENTION OF PERSONAL DATA

The personal data we collect are stored and processed both in Spain and within the EEA ("European Economic Area or USA"), in secure servers that offer reliability and a very high fault tolerance.

We will process your personal data as long as you have an account on the Soy Barcelona platform, for the entire duration of the contractual relationship and subsequently according to the legal obligations that fall under the responsibility of Soy Barcelona (e.g., in the case of financial-accounting supporting documents for which the term the retention period provided by law is 10 years from the end of the financial year during which they were drawn up).

You can request at any time to exercise your rights, including deleting certain information or closing your account. We will comply with all requests, subject to the preservation or anonymization of certain information, including after closing the account, in situations where the applicable legislation or our legitimate interests require it.

To determine the appropriate retention period for personal data, we take into account the value, nature and sensitivity of the data collected, the risk caused by the unauthorized use or disclosure of the data, the purposes for which it was collected and processed and the applicable legal requirements.

7. TRANSMISSION OF PERSONAL DATA

As the case may be, we may transmit or provide access to certain of your personal data to the following categories of recipients:

In some situations, we can transmit, store and facilitate certain personal data to partners, persons or third-party entities that support Soy Barcelona in carrying out the activity through the Platform (for example, courier companies, IT service providers), marketing service providers , insurance companies, providers of online payment services and banking services.

In certain cases where we have a legal obligation or if it is necessary to defend our legitimate interests, Soy Barcelona may disclose certain personal data to public authorities.

In any situation, we ensure that access to these data is carried out in accordance with the legal provisions regarding the protection of personal data and the confidentiality of information, based on contracts concluded with them, by applying contractual clauses and guarantees in accordance with the standards imposed by the Commission European.

8. DATA PROTECTION

We are committed to ensuring the security of personal data by implementing appropriate technical and organizational measures, according to industry standards.

The transmission of personal data is done using the latest encryption algorithms implementing HTTPS technology with TLS v1.2 encryption, and the information is stored on secure servers ensuring high data availability and security.

The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data. Risks related to information security are always evolving, as well as the controls, thus implemented, are periodically reviewed as part of internal audits.

Despite the controls and measures implemented to protect communications and secure personal data through technological means of communication, the transfer of data via the Internet is never completely secure, as there is a risk that the data will be seen and used by unauthorized third parties. For this reason, we cannot be responsible for such vulnerabilities of systems that are not under our control.

9. DATA TRANSFER

We currently store and process your personal data in Spain.

However, it is possible to transfer certain personal data to entities located in the European Union or outside the Union, including countries that the European Commission has not recognized as having an adequate level of personal data protection.

We will always take steps to ensure that any international transfer of personal data is carefully managed in order to protect your rights and interests. Transfers to service providers and other third parties will always be protected by contractual commitments and, as the case may be, by other guarantees, such as standard contractual clauses issued by the European Commission or certification schemes, such as the Privacy Shield for the protection of personal data transferred from within the EU to the United States of America.

10. LINKS TO THIRD PARTY SITES

Our platform may contain links to web pages or external applications. When you access one of these links, we inform you that each of these pages or applications will have its own privacy policy. We do not control these external pages or applications and are not responsible for the policies they implement. When you leave our Platform, we encourage you to read and check the privacy policy of each web page you visit.

11. YOUR RIGHTS

At Soy Barcelona, ​​we are committed to providing a service that allows our clients increased control over their own data by implementing and complying with prescribed compliance policies.

Your data is protected in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on their free movement and repealing Directive 95/ 46/CE and the national legislation in force, as a result you have a series of rights that you can exercise at Soy Barcelona.

The right of access to information: The right to find out what information, if any, we have about you.

The right to rectification: This right refers to the correction of personal data if they are inaccurate or incomplete.

The right to be forgotten: In the following cases you can request the deletion of your personal data when they are no longer necessary in relation to the purpose for which they were initially collected and processed, or the processing was carried out with your consent which you withdraw (and not there are other legal reasons for the processing of this data) or you exercise the right to object and there are no imperative legal reasons for the processing or there is no legal reason for keeping the personal data or if the personal data must be deleted in order to according to a legal obligation. In other cases, where the right cannot be applied, we will inform you why we cannot act on your request.

The right to restrict processing: You can ask us to restrict the processing of your personal data, for example if you have disputed the accuracy of your personal data that we hold; or we no longer need to process your personal data, but you want us to keep it for use in legal claims; you objected to the processing by asking us to stop using your data, but you are waiting for us to answer you if we have compelling reasons that allow us to continue processing them;

The right to object: In certain circumstances, you can contest the processing of your personal information. To object to the processing of personal information related to marketing, see the Unsubscribe section or for other configurations, see the Notification Configuration section. If you object to the processing of your personal data for any other reason, this may mean that we will not be able to provide you with certain products and services.

The right to data portability: You can request that we provide you with a copy of your personal data in a structured, commonly used, machine-readable format. This right applies only to personal data that you have previously provided, that we have processed electronically, based on your consent to enter into a contract, create an account or access a service through us.

Automated individual decision-making, profiles: In some cases, we will take over automated processing and decision-making to decide which of our products or services may be of interest to you. You have the right not to make a decision based exclusively on automatic processing (including the profile) that produces legal or similar effects.

The right to withdraw at any time the consent regarding the processing of your personal data, without this affecting the legality of any processing that we have carried out based on the previously received consent.

For national issues regarding data protection, you can contact the local authority represented by the National Authority for the Supervision of Personal Data Processing.

However, without affecting your right to contact the supervisory authority at any time, we appreciate the opportunity to try to solve your problem amicably. That's why we ask you to contact us at socios@soybarcelona.com and we promise you that we will make all the necessary efforts to resolve any complaint.

For more information about your rights, please contact us.

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