This privacy policy has been drawn up in accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and to the free movement of such data (GDPR) and the Organic Law 3/2018 of December 5, on data protection and guarantee of digital rights (LOPDGDD).

 

Information for the User

Before using this application (hereinafter The Service or application) it is important that you read and accept the following terms and conditions and privacy policy. These terms and conditions govern the relationship between the Shopping Centre (hereinafter referred to as the Operator) and users of the mobile application (hereinafter referred to as the User).

These Terms of Use constitute a legally binding contract. If you do not agree to these Terms of Use, you may not access and use the Service.

The User should note that the Operator may offer services that are not subject to these Terms of Use, but are subject to their own terms and conditions.

Data Controller

The person responsible for the processing of the data collected through the application is the COMUNIDAD DE PROPIETARIOS PARQUE MIRAMAR DE FUENGIROLA, with address at Avenida de la Encarnación s/n, CP 29640, Fuengirola, Málaga (Spain), C.I.F. (Tax Identification Code): H-92.535.319, telephone: (+34) 952 19 81 95.

You can contact the data controller at the above address or by e-mail to rgpd@ccmiramar.com.

 

Access to the Service

By using the application, the User declares that he/she is over 14 years of age and that, in any case, he/she is legally entitled to access this service and to accept these terms and conditions with full effect.

The User can perform most of the functionalities offered by the application, however, in some cases, it will be necessary for the User to register by validating their email account in order to be able to make full use of the functionalities that the mobile application allows.

The Operator may terminate or cancel the User’s account in the event of non-compliance with the obligations set forth in these terms and conditions without prior notice.

 

Information about the Service

How Do I Use This Application’s Service?

To make use of this service, it is necessary to complete an initial registration form.

To validate your account, a confirmation link will be sent to the email address you provided during registration.

You can also use your Facebook credentials to use the application; in the event that you make use of this option please note that the Operator stores the basic data for which you have given permission in the application on Facebook and personal data associated with your Facebook profile. We do not have access to your Facebook passwords.

 

Location or Geolocation Data

When you start updating the application and whenever you are at a point of interest that uses this mobile application, your device’s location information will be used to provide relevant content based on the point of interest as well as a history of what you visit the most.

Provided you give your consent and your device’s operating system allows it when installing the application, we will sometimes sample your native location and Wi-Fi network readings. We will never activate GPS, and the level of accuracy of your location will be the one you set on your phone.

 

How Do I Change Geolocation Settings?

In your mobile phone settings.

The first time you authenticate on our mobile application, we will ask for your consent to activate the geolocation of your mobile device.

If you consent to the geolocation of your mobile device, these functions will be activated immediately and work as detailed above.

You can disable geolocation on your mobile device at any time through the mobile settings.

 

Why Is Geolocation Information Collected?

The essential purpose of processing positioning information is to obtain specific information about the most visited areas in a shopping centre and points of interest and about its visitors in general.

You will also be able to benefit from promotions or offers that the Shopping Centre has prepared for Users of this Operator’s application.

Ultimately we do this to improve your shopping experience.

• And we achieve that by analysing how you use the Service to improve it and to be able to offer you a better way to communicate with the Shopping Centre and, if we have previously obtained your consent, combining your personal data, captured from your use of our different channels such as the website, to offer you information tailored to your needs and promotional material.

• Your personal data will only be used to send promotional material if you have previously approved it in each of the channels. Therefore, following your registration in any of the channels in which personal data is collected, you will be offered the opportunity to consent to the use of your personal data for the purposes of sending you promotional materials; measuring, testing and monitoring the measurement and effectiveness of our service and ensuring that we are able to protect your data from theft, loss, damage or unauthorised use thereby complying with any legal obligations we may have to comply with.

 

Who Has Access to My Information?

No transfer of data to third parties is envisaged, except where this is required by law, in response to subpoenas, court orders, summons or court proceedings, in cases where this is strictly necessary for the provision of the service requested by the data subject, or in cases where we have the unambiguous consent of the data subject.

 

Sharing with User-Selected Third Parties

This is common use with social networks. If you choose to access the application via your social media account or click on one of the social media connection buttons or links (e.g. the Facebook “Like” button) that are available in the application, your content and personal data will be shared with the relevant social media company. You are informed and understand that such information may be published on your social network, within your account.

You understand and agree that the social networks’ use of your personal data, including information you share with social networks through the Service, is governed by their respective privacy policies. If you do not want social networks to collect information about you, we advise you to review the privacy policies of the relevant social network applicable to this issue, and/or to log out of the relevant social network before using our service.

Operator’s Responsabilities

The service provided by the Operator through this application is for information purposes only. While all reasonable steps have been taken to ensure that the Contents of the Application are current, accurate, complete and up to date, functionalities are provided on an “as available” basis without guarantee of any kind. You expressly agree that your use of this application is at your sole risk.

To the fullest extent permitted by applicable law, the Operator shall not be liable (i) for any damages, losses or any consequences arising from any use of the Service or its Content, or User Content disseminated by the User on the Service, and (ii) to the User, in respect of consequential loss or damage, as well as for moral damages, damages for loss of profits, loss of revenue, use or data arising from the use or operation of the Service.

The User expressly acknowledges that (i) the Service is not error or virus free, (ii) connection to the Service involves the risks inherent in any connection and transmission over the Internet and mobile telephone networks, in particular in relation to transfer speed, response time to queries or requests for information and technical performance, (iii) the Operator does not exercise any control over third party networks or websites which may be accessed in the course of using the Service, (iv) the Operator assumes no responsibility for loss of any data, failure to store, mis-delivery or untimely delivery of any data or material through the Service, and (v) the Operator disclaims all guarantees, express or implied, including guarantees of commercial or satisfactory quality, or fitness for a particular purpose or necessity, with respect to the Content and the Service.

 

Links to Other Sites

We may include hypertext links to third party websites or Internet sources in the Service or in communications you receive. We have no control over and cannot be held responsible for the content and privacy practices of third parties. Please read the privacy practices of these third parties carefully to find out how they collect and process your personal data.

 

Protection of Personal Data

For the purposes of compliance with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and to the free movement of such data (GDPR), you are informed that the data you provide us with in the registration process or subsequently using the application, will be included in the register of processing activities owned by the Operator, whose purposes will be the management and maintenance of the Service offered by this application as well as the different tasks involved in the processing of data that have been indicated in this privacy policy.

In compliance with the principle of transparency contained in Article 12 of the GDPR, we inform you concisely what we will use the following data you provide to us for:

• We use your email address to associate it with your User account, as well as to send you personalised commercial communications, provided that you have expressly authorised us to send them.
• We use your name and surname to send you personalised messages of a non-commercial nature.
• The date of birth, in addition to verifying that you are old enough to use this application, can be used to make various recommendations based on your age.
• If you provide us with your telephone number, we may use it to contact you via SMS to communicate offers of interest to you, when you have authorised us to do so.
• We will only ask you for your National ID number if you use the play centre service and for the sole purpose of identifying you at the play centre.
• In case you provide us your address, it will be used to send you marketing communications provided you consent to it, as well as to make recommendations based on your geographic area.
• Your geographic location (e.g., acquired via GPS) is used, if you consent, to enable us to make targeted marketing communications, as well as to detect whether you are near one of our points of sale or points of interest. If we detect that you are within a point of sale or point of interest, we will track you within this point of sale so that we can provide you with personalised offers based on your location. Location is also required to redeem coupons or other promotional offers.
• In addition, we can see how you use the application and, based on this, personalise content that we consider to be of interest to you.
• In compliance with the provisions of article 13.2.f, we inform the User that there are no automated decisions.

The legal basis for all of the above processing is the consent you have given; we will store the information necessary to prove that you have given your consent. You may revoke your previously granted consent at any time.

No categories of recipients or international data transfers are foreseen, with the exception of the data processor for the mere purpose of hosting the information provided, which is the company DIGITAL OCEAN on its servers in Amsterdam, the Netherlands VAT EU528002224.

We also inform you that you have the right to access, rectify, oppose, delete and limit the processing of your personal data, which you may exercise by writing to the Operator’s address. The information we collect from you will be kept confidential for as long as you use the application; if you unsubscribe, we will delete your profile and retain your personal data for a period of 3 years in order to respond to any liabilities arising from the processing of your personal data. You can find more information about your rights under data protection law below.

We also inform you of the possibility of lodging a complaint with the Spanish Data Protection Agency in the event that you consider that your data is not being processed appropriately.

We would also like to inform you that you can contact us for any aspect related to the processing of your personal data at the following e-mail address: rgpd@miramarcc.com.

Some of the information we ask you for in the registration form is compulsory, and without this compulsory information we will not be able to offer you the Operator’s Service.

The personal data we collect will be treated confidentially, applying the 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 ensure that we protect our users’ data from improper access, manipulation or deletion. Without the express consent of the User, their data will not be transferred to other entities or third parties outside the legally permitted cases and with the exception of the publication of the User’s name, in cases where we organise a draw or competition and we have to indicate the winner.

 

Extended Information on the Rights Recognised in Data Protection Legislation

Right of Access

You have the right to obtain confirmation as to whether or not personal data concerning you are being processed and, if so, the right of access to personal data and to information relating to their processing.

You have the right to obtain a copy of the personal data undergoing processing.

 

Right of Rectification

You have the right to obtain without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed.

 

Right of Suppression

You have the right to obtain without undue delay the deletion of personal data concerning you.

We are obliged to delete personal data without undue delay if:

1. the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
2. the data subject withdraws the consent given for specific purposes or the explicit consent given for the processing of special categories of data, such as data revealing his or her political opinions, as long as such processing is not based on another legal ground;
3. the data subject objects to the processing on grounds relating to his or her particular situation and no other legitimate grounds for the processing prevail;
4. the personal data have been processed unlawfully; or
5. the personal data must be erased in order to comply with a legal obligation under Union or Member State law applicable to the controller.

The obligation to erase personal data does not apply where the processing is necessary:

1. to exercise the right to freedom of expression and information;
2. for compliance with a legal obligation requiring the processing of data imposed by Union or Member State law applicable to the controller;
3. for the performance of a task carried out in the public interest or in the exercise of public powers vested in the person responsible;
4. for archiving purposes in the public interest, for scientific or historical research purposes or statistical purposes, insofar as the right to erasure would make impossible or seriously impede the achievement of the purposes of such processing; or
5. for the exercise, defence or presentation of claims.

 

Limitation to Processing

You have the right to obtain the restriction of data processing when one of the following conditions is met:

1. You challenge the accuracy of the personal data, for a period of time that allows us to verify the accuracy of the personal data.
2. The processing is unlawful and you object to the erasure of the personal data and request instead the restriction of their use.
3. We do not need the personal data for the purposes of the processing, but you need it for the purpose of making, exercising or defending claims.
4. You have objected to the processing on grounds relating to your particular situation, while we check whether the legitimate grounds of the controller outweigh those of the data subject.

 

Data Portability

You have the right to receive personal data concerning you in a structured, commonly used and machine-readable format.

 

Opposition to Processing

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you on the basis of Article 6, Section 1, letters e) or f) of the GDPR. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the formulation, exercise or defence of claims.

 

Revocation of Consent

You have the right to revoke your consent to the processing of your personal data at any time.

 

Complaining to the Data Protection Authorities

You have the right to complain to the data protection supervisory authorities if you believe that your personal data is not being processed correctly.

In this case, the competent authority is the Spanish Data Protection Agency. You can exercise your rights at the following address:

https://sedeagpd.gob.es/sede-electronica-web/vistas/infoSede/inicio.jsf

 

How Do I Unsubscribe from the Service?

To unsubscribe from the service just send us an email from the same email account you have associated with your Miramar Shopping Centre application to rgp@miramarcc.com.

 

Modification of this Policy

We may revise or update this Privacy Policy at any time. Changes to this Privacy Policy will be effective at the time the revised Privacy Policy is posted via the Service. If we make changes, which in our opinion are significant and which require your consent, in accordance with applicable law, we will inform you through the Service and seek your consent where appropriate.

 

Last updated: May 4, 2021