PRIVACY POLICY

Information addressed to the user

Before using this app (hereinafter THE SERVICE), it is important you read and accept the following Terms of Use and Privacy Policy. These Terms of Use govern the relationship between Comunidad de Propietarios Parque Miramar (hereinafter the Operator), with Spanish tax code H-92535319 and registered address at Avda. de la Encarnación s/n, 29640 Fuengirola, Malaga (Spain) and the users of the mobile app (hereinafter YOU).

The following Terms of Use constitute a legally binding agreement. If you do not accept these Terms of Use, you shall not be able to access and use the Service.

You must take into account that the Operator can offer some services that are not subject to these Terms of Use, but to their particular Terms and Conditions (for example, gift cards provided by the Operator are subject to specific Terms and Conditions).

Corporate Information

This mobile app is owned by Neuromobile, with registered address at Parque Científico de Murcia and Spanish tax code B73752081. You can contact us at the above-mentioned address or via email to soluciones@neuromobilemarketing.com.

Accessing the Service

By using this app, YOU declare that you are above 14 years old and that, in any case, you have the legal capacity to access this service and to accept these Terms and Conditions, to all effects and purposes.

YOU can perform most of the functionalities in the app; however, in some cases we may require you register, validating your email address to make full use of the features included in the mobile app.

Should you fail to comply with these Terms and Conditions, the Operator shall be able to unsubscribe YOU or cancel your account without previous notification.

Information about the Service

How can I use the Service in this app?

To use this service, you have to register, providing some data to complete your registration. You will receive a confirmation link in the email address provided at the registration form to validate your account.

You can also use your Facebook credentials to use the app; in this case, we inform you that the Operator shall keep the essential data you authorised on Facebook under the “personal data associated to your Facebook profile” screen and that we have no access at all to your Facebook password.

What information does this app process?

When you start using the app, and as long as you are in a shopping centre that uses this app, we shall use your device’s geolocation information to offer you relevant content whenever you are at any of the points of interest and keep a record of which are the points of interest that you visit the most. It is, therefore, needed to use your WiFi antenna, for which purpose this app shall enable and disable your WiFi antenna the required time (1 s) to verify that you are in a point of interest.

If you so agree, we may get a sample of your native geolocation from time to time; we shall never enable GPS, and the accuracy level of your geolocation shall always be the one you define on your smartphone.

How can I change geolocation settings?

In your smartphone settings.

The first time you authenticate yourself on our mobile app, we shall ask for your authorisation to enable geolocation of your mobile device.

If you give your consent, these functions shall be enabled immediately, and they shall work as previously explained.

You can disable your smartphone’s geolocation at any time from your mobile settings.

What is this information collected for?

The main purpose of processing the geolocation information is to have accurate information about the most visited areas and points of interests in a shopping centre and to gather information about visitors in general.

Also, you may benefit from promotions or special deals from the shopping centre for this Operator’s app users.

To sum up, we do it to improve your buying experience.

  • Analysing your usage of the Service, to improve it and to offer you a better way to communicate with the shopping centre. Also, if we have previously obtained your consent, we shall use your personal data, collected from our different channels, such as the website, to offer you information and sales communications according to your needs.
  • Your personal data shall only be used to send you sales communications if you have previously authorised it in each of our channels. Therefore, after your subscription to any of the channels in which personal data are being collected, you shall be offered the chance to consent the use of your personal data with the purpose of sending you sales communications.
  • To measure, test or monitor the metrics and the efficiency of our service and ensure that everything works correctly and that we can protect it against any attempted robbery, loss, damage or unauthorised use, and thus comply with the legal obligations we are required to.

How can I unsubscribe from the service?

To unsubscribe, you just have to send us an email from the same email address associated with your NEUROMOBILE account to the following address: bajas@neuromobilemarketing.com

 Who has access to my data?

We only share your data to improve your shopping experience, and so you can benefit from new services; we have, of course, set all measures to store the information securely and separately. These are the cases where we may share your information:

Shared information with third parties

  • As a reply to subpoena, court orders, orders to appear or legal procedures, if sharing this information is needed to comply with applicable law.
  • With our collaborators, anonymously, so that you cannot be identified with these data;

Shared information with third parties chosen by you

Common use with social networks. If you choose to access the Service via your social networks accounts, or if you click on any of the connect buttons or links with social networks (for example, the Like button on Facebook, or the “+” button on Google) that are available on the Service, your content and your personal data shall be shared with the social networks accordingly. You are informed, and you agree that this information shall be posted on your social network, within your account.

You understand, and you agree that the use of your personal data by social networks, included the information shared with social networks via the Service, is governed by their respective privacy policies. If you do not want that social networks collect information about you, we advise you to read carefully the privacy policies on each social network or that you log off from the appropriate social network before using our service.

OPERATOR RESPONSIBILITIES

The Service provided by the Operator is for information purposes exclusively. Even if we have adopted any reasonable measures to ensure that the Service Contents are in force, accurate, complete and up to date, the Service is provided according to availability, without any warranties. You expressly accept that your use of the Service is at your own risk.

To the maximum extent allowed by law, the Operator shall not be held responsible (i) for any damages, losses or any consequences arisen from the use of the Service, its Content or User Contents spread by the Service User, and (ii) with regards to the User, the Operator shall not be held responsible for any loss or indirect damages, nor regarding moral damages, loss of profits, loss of revenues, use or data arisen from the use or operation of the Service.

You expressly agree that (i) the Service is not exempt from errors or viruses, (ii) connection to the Service implies risks that are inherent to any Internet and mobile phone connection or transfer of data, particularly, with regards to the transfer rate, timeframe of replies to queries or requests for information or technical performance, (iii) the Operator does not have any control over third party networks or websites you may access while using the Service, (iv) the Operator shall not be held responsible for any loss of data, the inability to save data, errors in the submission or the unpunctual submission of any data or material through the Service, and (v) the Operator does not offer any warranties, neither express nor implicit, including satisfactory quality or open to commercial trade warranties, or suitability for a purpose or need, regarding the Content or the Service.

LINKS TO OTHER SITES

We may include in the Service, or in the communications you may receive, hypertext links to third-party websites or Internet sources. We have no control whatsoever over third party contents or privacy practices, and we cannot be held responsible for them. We recommend you read the privacy policies of such third parties carefully to learn how they collect and process your personal data.

Protection of Personal Data

According to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, we inform you that any data you provide us during the registration process or later by using the app, shall be included on a file owned by THE OPERATOR, whose purpose shall be the management and maintenance of the Service offered by this app, as well as the different data processing indicated in this privacy policy.

In observance of the transparency principle included in section 12 of the GDPR, we inform you briefly what we shall use your data for:

  • We use your email address to link it to your user account and to send you sales communications, as long as you have expressly authorised us to send them.
  • We use your name and surname to send you personalised messages, not related to sales.
  • We use your birth date to make sure that you are of legal age and, therefore, you can use this app, and also to send you recommendations based on your age.
  • We use your marital status and gender to send you recommendations based on your profile.
  • If you provide us with your telephone number, we can use it to contact you via SMS or telephone call to communicate you any offers that may be interesting for you.
  • We will only ask for your ID card if you use the play centre so that we can identify you at the play centre.
  • If you provide us with your address, we shall use it to send you sales communications, if you so authorise us, as well as to give you recommendations based on your location.
  • We use your geolocation (for example, the one we obtain via GPS), if you so allow us, to send you segmented sales communications, as well as to detect if you are close to any of our sales points. If we detect you are at a sales point, we will track you to show you customised offers according to your geolocation.
  • We can also see your usage of the application and customise the content accordingly, to offer you relevant content.

The legal basis for all data processing above indicated is consent; we shall store the needed information to show that you gave us any proper consent. You shall be able to withdraw your consent at any time.

We also inform you that you have the right to access, modify, oppose to, delete and limit the processing of your personal data. In order to do so, you can send a letter to the OPERATOR address. We shall keep your information confidential as long as you use the application; should you unsubscribe, we will proceed to remove your profile, and we shall keep your personal data during three (3) years to be able to reply to any of the responsibilities arisen from the processing of your personal data.

We also inform you that you can put a claim at the Spanish Data Protection Agency, should you consider that your data are not being processed correctly.

Some of the data we require on the registration form are compulsory; without such data, we cannot offer you the OPERATOR Service.

Personal data shall be processed confidentially, applying any technical and organisational measures established in our internal security policy; we also inform you that we have carried out a risk analysis and an impact assessment to make sure that we are protecting our users’ data with the purpose of avoiding its inappropriate access, manipulation or deletion. Except expressly agreed by the USER, these data shall not be transferred to other entities or third parties for other purposes than the ones legally accepted. This does not apply to the USER name in user rankings, which shall indeed be published.

All data collected via the Service are stored in the servers of the DIGITAL OCEAN company (VAT EU528002224), located in Frankfurt, Germany.

Changes to this policy

We can revise or update this Privacy Policy at any time. Any changes in this Privacy Policy will become in effect at the moment the revised Privacy Policy is published via the Service. Should we make any changes, that according to our opinion are significant and require your authorisation, we shall inform you via the Service, and we shall ask for your consent whenever it is needed, according to applicable law.

Governing law and jurisdiction

Current regulations shall establish the governing laws and jurisdiction for the relationship between the OPERATOR and their USERS. However, in those cases where the current law does not foresee the obligation for the parties to be governed by any specific jurisdiction, THE OPERATOR and YOU agree to be governed by the courts of Malaga, with express waiver of any other jurisdiction to which you might have recourse.