Privacy Policy regarding Data Protection

You’re reading the English version of the privacy policy. Among the various translated versions, the text of the Spanish version will always prevail over the other versions in case of different interpretations and/or discrepancies.

In compliance with Additional Provision 25 of Law 9/2017, of November 8, on Public Sector Contracts, transposing into Spanish legislation the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU of February 26, 2014, the processing of personal data shall fully comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data (GDPR), and complementary regulations.

Below we provide you with all the legally required information for compliance with the new Regulation:

Merely visiting the website does not automatically record any personal data identifying a user.

The website www.ecomuna.es and the Ecomuna Application (jointly referred to in this document as the "Platform") are owned by Open Condo Foundation (hereinafter, "OCF"), whose details are: Address: 1111b South Governors Avenue STE 20498 Dover, DE 19904 US. EIN: 32-0793301.

All personal data collected by "OCF" is stored and processed exclusively on servers located within Spanish territory. Therefore, your personal data will not be transferred outside the European Union (EU) or the European Economic Area (EEA), thus ensuring full compliance with the General Data Protection Regulation (GDPR) and applicable Spanish legislation on personal data protection.

BASIC INFORMATION ON DATA PROTECTION

DATA CONTROLLER
Open Condo Foundation

PURPOSE
Management of user inquiries through the Website

LEGAL BASIS
Consent. Information request by the User.

RECIPIENTS
Data will not be shared with third parties unless legally required.

RIGHTS
Access to your personal data, rectification or deletion, right to request processing restriction, right to object, and the right to data portability, as detailed in additional information.

ADDITIONAL INFORMATION
You may consult additional and detailed information on Data Protection at the bottom of this page.

As a user, you are responsible for ensuring that the data provided to us is accurate, current, and your own.

Your personal data will be processed and retained by the DATA CONTROLLER, OCF, throughout the duration of the contractual relationship with our firm. The criteria used to set data retention periods have been established according to requirements set forth by applicable legislation, regulations, and guidelines, as well as operational requirements related to the proper management of relationships with our clients.

If you have authorized OCF to send commercial communications or the transfer of your data to OCF for this purpose, your data will be processed indefinitely. You may object to this processing at any time, according to the procedure established in section “4. Your Rights.”

Regarding data recipients, your data will not be disclosed to third parties except when legally required.

Notwithstanding the above, your data will be duly blocked and retained as long as legal liabilities may arise or to fulfill other legal obligations applicable to OCF. In these cases, OCF guarantees that it will not process the data except when necessary for filing, exercising, or defending claims or when required to provide such data to Public Administrations, Judges, and Courts during the limitation period for your legal rights or obligations.

The user guarantees that the data provided are truthful, accurate, complete, and updated, assuming responsibility for any damage or harm, direct or indirect, that may arise from failing to comply with this obligation. In the event that the provided data belong to a third party, the user guarantees that they have informed this third party of the contents of this document and have obtained their authorization to provide their data to OCF for the purposes stated.

Additionally, information received by OCF from users through subscription to promotional events or submission of curriculum vitae forms is treated with utmost confidentiality to manage their participation in events and send information about future actions, in the first case, and candidate selection, in the second. This information will not be used for any other purposes.

Any such communication will only be sent to users who have expressly authorized their receipt.

In accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI), if a user wishes to stop receiving commercial or promotional communications from OCF, they can unsubscribe by sending an email to legal@ecomuna.es or through the link provided in the communications.

Furthermore, according to Article 22 of the LSSI, OCF may use data storage and retrieval devices ("cookies") on users' devices, provided users have given their consent after being provided clear and complete information on their use. Users can find detailed information about the purpose of cookie installation and their usage in OCF’s cookie policy.

The foregoing shall not prevent the possible storage or access of a technical nature solely for the purpose of transmitting a communication over an electronic communications network or, to the extent strictly necessary, for the provision of an information society service explicitly requested by the recipient.

When personal data is requested for service provision, users will be informed of the mandatory nature of the data considered essential. Failure to provide these mandatory data will result in the impossibility of providing such services.

OCF informs you that if you register in the OCF Blog section, particularly for the Newsletter service, you consent to OCF periodically sending you email communications containing articles of interest related to property community management.

The data collected through this section will be processed by OCF exclusively to send informational newsletters from OCF. Specifically, OCF will collect your name and email address. You, as a user, have the right to exercise access, objection, limitation, rectification, portability, and deletion rights at any time by submitting a written request accompanied by proof of identification (copy of DNI/NIE or passport) to: 1111b South Governors Avenue STE 20498 Dover, DE 19904 US or legal@ecomuna.es.

Should you, at any time, consider that OCF has infringed applicable data protection regulations, you have the right to file a complaint with data protection authorities, specifically the Spanish Data Protection Agency (Agencia Española de Protección de Datos), Jorge Juan 6, 28001 – Madrid.

Nevertheless, OCF remains available to resolve any questions or concerns you may have regarding the above (legal@ecomuna.com).

OCF is authorized to process data provided through your inquiries as necessary to send newsletters. You may unsubscribe from this service at any time, which option will be available in each communication.

If you revoke your consent to receive newsletters, OCF will cancel (block) your data and retain them only for the period required to comply with legal obligations and potential liabilities.

As a user, you are responsible for ensuring that the data provided to us is accurate, current, and your own.

OCF confirms that there are no international data transfers for any processing activities.

Data category: what personal data will we use?

To operate, improve, and analyze the service, we process the following data:

• Surname, first name, patronymic
• Contact phone number
• Email address
• Electronic user data (user identifiers, network addresses, cookies, device identifiers, screen size and resolution, hardware and software details, information about the approximate location of the user or device, information about the precise location of the user or device, etc.)
• Residential address.

Purposes of processing and legitimacy: for what purpose, and on what legal basis, may we process your data?

Necessary and up-to-date information

There are mandatory fields in the forms without which we will not be able to provide you with our services. By clicking on the “Accept all” button (or equivalent) incorporated in the above forms, you declare that the information and data you provide is accurate and truthful.

To ensure that the information provided is always up to date and does not contain errors, please remember to inform us, as soon as possible, of any modifications and corrections to your personal data that may occur via the following e-mail address legal@ecomuna.es. You can also update your telephone number or email address through your private area on the Website and Apps.

Rights of data subjects

We inform you that you may exercise the following rights:

• Right to access your personal data to know whether they are subject to processing and the processing operations carried out with same;
• Right of rectification of any inaccurate or incomplete personal data
• The right to erasure of your personal data, where this is possible (without prejudice to cases where we are required by law to maintain the data blocked);
• Right to request the limitation of processing of your personal data where the accuracy, legality or need for processing of the data is doubtful, in which case, we maintain the data blocked for defence of complaints.
• The right to object to the processing of your personal data, when the legal basis that enables us to process it is our legitimate interest. Ecomuna will cease processing your data unless it has compelling legitimate reasons or it is necessary for the defence against complaints.
• The right to the portability of your data, which allows you to request the communication of your personal data to another company, in a structured, commonly used and machine-readable format, when the legal basis that enables us to process it is the existence of a contractual relationship or your consent, and provided that the processing of your data is carried out by automated means.
• The right to revoke the consent given to Ecomuna at any time.
• The right not to be subject to automated individual decisions. This right allows you not to be subject to a decision based solely on the automated processing of your personal data which, as a result, has legal effects concerning you.

You may exercise your rights at any time and free of charge in the following ways:

• From your private area on the Website and Apps. There you can unsubscribe from all previously accepted commercial communications or select and personalise the type of notifications you wish to receive from Ecomuna.
• In case you are unable to access the Website and Apps, you can send an email to legal@ecomuna.es indicating the right you wish to exercise and your identification details.

We also inform you that you have the right to submit a complaint to the Spanish Data Protection Agency if you consider that an infraction has been committed under data protection legislation with respect to the processing of your personal data.

Confidentiality and security

At Ecomuna we take all reasonable efforts to maintain the confidentiality of personal information processed through the Website and Apps and, where appropriate, other Ecomuna tools. We maintain strict levels of security to protect the personal data we process against accidental loss and against unauthorised access, processing or disclosure, taking into account the state of technology, the nature of the data and the risks to which it is exposed. However, we cannot be held responsible for the use you make of the data (including your username and password) that you use on Ecomuna beyond our tools, Website and Apps.