Last modified: May 2024.Your privacy is important to LoboWare (“Loboware” or “we”) and is essential for our service. This Privacy Policy explains what personal data we collect, why we collect it, what we do with your personal data, and how we use it. Likewise, this Privacy Policy explains under what conditions we process personal data, as in some cases, we act as the data controller of our users’ information or other stakeholders associated with our website, and in other cases, as the data processor on behalf of our users.
1. Introduction
This Privacy Policy is intended to inform you about the conditions and procedures for the collection, use, and disclosure of personal data in relation to our service. LoboWare offers its users a Software development service for companies (the “Service”). Therefore, this Privacy Policy sets out the conditions for the processing of personal data by LoboWare: (i) when you use our Services (“User”) or when you access and browse our website https://loboware.com/ (“Website”); and (ii) when, to provide our Service, we process on behalf of the User personal data relating to the User’s communication, including personal data of the recipient (“Recipient”).LoboWare will process personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”), Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (“LOPD”) and other applicable laws on data protection.We recommend that before contracting our Service or browsing our Website, you read this Privacy Policy carefully.
2. Processing of Users’ Personal Data by LoboWare (as Data Controller)
| Data Controller | LoboWare |
|---|---|
| Website | https://loboware.com/ all subdomains or sections operated by Loboware |
| Purposes for which we use users’ personal data and legal basis | – Providing and managing our Service – Execution of contractual relationship- Improving the Service and preventing fraud and abuse – Legitimate interest- Sending you information about our Service – Legitimate interest and consent, as applicable. – Responding to inquiries, requests, and complaints – Execution of contractual relationship, legitimate interest, or consent, as applicable. – Understanding the usage of our Website and how to improve it through non-functional cookies – Consent |
| Rights of the data subject | If you are a user of the Service or the Website, you can request from us to provide you with information about the personal data we collect from you, as well as request us to delete or correct any inaccuracies. You can also ask us to restrict or limit the processing or transfer of your personal data, as well as request us to provide you with your personal data so that you can use it for your own purposes. You can direct your request to support@loboware.com |
| Additional Information | For more information about our Website or our Service, you can review our Terms and Conditions or our Cookie Policy. |
2.1. This Section explains the processing of Users’ personal data on the Website by Loboware as the data controller, i.e., when Loboware decides on the purposes and means of processing that personal data. This only occurs with respect to User data used by Loboware for the purpose of providing the Service, with all the functionalities available at any given time and including ancillary activities to the Service such as account maintenance, billing, etc.; or with respect to information collected from users who access and browse the Website. This does not include communications sent by Users through the Service and related data, which will only be processed in accordance with Section 3.
2.2. LoboWare may process personal data of Users on the Website in the following cases and for the purposes and periods indicated below:
- For the provision of the Service, Loboware may process personal data of Users provided by them when installing or contracting the Service, such as name, email address, language preferences, location for the correct display of price/currency, payment data, as well as other data or information of Users derived from the provision of the Service. This personal data is used by Loboware for the following purposes:
- Provide the Service and carry out maintenance and management of the contractual relationship;
- Manage and improve the Service;
- Respond to requests, suggestions, or complaints regarding the Service;
- Send the User the information they have requested;
- Send communications and updates related to the Service;
- Comply with applicable regulations in each case; and
- Respond to requests or requirements from public authorities.
- The legal basis for the processing of the aforementioned data is the execution of the contractual relationship between the User and Loboware for the provision of the Service, as well as Loboware’s legitimate interest in informing Users about the Service, unless Users notify Loboware that they do not wish to receive commercial communications, as well as in improving the Service and preventing fraud and abuse.The personal data of Users will be processed by Loboware during the contractual relationship and, subsequently, during the legal period required by applicable regulations depending on the case.
- Through cookies, with respect to visitors of the Website, for the purpose of offering the functionalities of the Website and to understand the usage of the Website and improve its functioning, as described in our Cookie Policy.When we use cookies for the purposes outlined in our Cookie Policy, we do so based on prior consent as provided in the applicable regulations. The user of the Website can accept or reject all our cookies or selectively allow some and disallow others through our consent management tool. Loboware will store the cookie usage information and your IP address as outlined in the Cookie Policy.
- To respond to requests, suggestions, or complaints. The personal data received by Loboware through the means enabled for this purpose are used exclusively to respond to queries, suggestions, or complaints sent by Users or by users who access and browse the Website. The purpose of processing this personal data is to manage the queries, suggestions, or complaints and to subsequently follow them up, based on the fulfillment of a contractual relationship or, where appropriate, Loboware’s legitimate interest in managing the response to these requests and managing and improving the Service.Loboware will keep the information for as long as necessary to address the queries, suggestions, or complaints and to subsequently follow them up. Likewise, Loboware may retain personal data for the periods necessary to comply with any applicable legal obligations.
- To participate in selection processes published on the Website. When Loboware receives personal data from job applications through the means enabled on the Website, it will use such identifying, academic, professional, and profile data, along with those provided during the process, to manage these selection processes.In these cases, the legal basis for the processing of personal data will be the application of pre-contractual measures at the request of the data subject.Personal information will only be kept for the duration of the corresponding selection process.
2.3. Duration. The period during which personal data will be retained or the criteria used to determine that period are as indicated in each of the cases set forth in Section 2.2 of this Privacy Policy. Additionally, personal data will be kept for the periods required by applicable regulations.2.4. The aforementioned personal data may be accessed by Loboware’s data processors, i.e., our service providers, when necessary and only for the purpose of managing the provision of the corresponding service. To ensure that personal data receives an adequate level of protection, Loboware will enter into agreements with third parties with whom it shares personal data, requiring that their personal data be processed by such third parties in a consistent and compliant manner with data protection regulations.We may also provide personal data to competent judicial or administrative authorities where necessary to comply with any applicable legislation or regulations.2.5. Generally, User’s personal data will be stored in the European Economic Area (i.e., the Member States of the European Union, Norway, Iceland, and Liechtenstein or “EEA”). However, some of the aforementioned service providers may be located outside the EEA, in which case Loboware will ensure that personal data is stored and transferred securely. These transfers would be made, depending on the case, on one of the bases permitted by European data protection regulations, either by transferring to a country where the European Commission has determined its adequacy with regard to data protection levels or through data transfer agreements that incorporate the standard contractual clauses accepted by the European Commission pursuant to art. 46.2.c) GDPR).2.6. The User or data subject, as applicable according to the cases provided for in the previous section 2.2, has the right to request a copy of any personal information we hold about him in our records, to correct any inaccuracies, and to update any outdated information. You may also request the deletion of your personal data when, among other reasons, they are no longer necessary for the purposes for which they were collected or, where appropriate, request the portability of your data. In certain circumstances, you may request the restriction of the processing of your data or object to the processing of your data. Loboware will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. Likewise, you have the right to withdraw your consent at any time, where this is the legal basis for the processing of your personal data.The aforementioned rights may be exercised by contacting Loboware by sending an email to support@loboware.com.In accordance with the GDPR, where requests are manifestly unfounded or excessive, especially due to their repetitive nature, Loboware may charge a reasonable fee based on the administrative costs incurred to provide the information or communication or take the requested action, without prejudice to the possibility of refusing to act.The User or data subject, as applicable, may also seek assistance from the Spanish Data Protection Agency at www.aepd.es.If at any time the User or data subject, as applicable, wishes to stop receiving commercial communications from Loboware, he may request this by sending an email to support@loboware.com.
3. Processing of personal data relating to communications to Recipients on behalf of Users by Loboware (as Data Processor)
3.1. This section details the processing of personal data relating to communications to Recipients, carried out by Loboware on behalf and following the instructions of Users. In these cases, Loboware acts as a data processor, as the purposes and means for the processing of personal data are determined by the User and Loboware only accesses the data at the request of the User and to provide the Service. Loboware does not act as a data controller with respect to personal data relating to communications to Recipients.3.2. The provision of the Service on behalf of the User may involve Loboware accessing and processing personal data relating to communications to the Recipient, for the purposes established by the User. Loboware will have access to the following data:
- Information necessary to identify emails sent through the Service:
- Email address;
- Email subject;
- Message content, temporarily, only when necessary to provide the Service and solely during the transmission of data through our Service, until the effective delivery of the email;
- Date and time the email was sent;
- Document name, in the “Advanced documents” functionality; and
- Document, in the “Advanced documents” functionality.
- Information provided by the Service:
- Open confirmation;
- Message content, temporarily, only when necessary to provide the Service and solely during the transmission of data through our Service, until the effective delivery of the email;
- Open history (number, date, and time) of the received email;
- Number of links included in the email;
- Text and URL of said links;
- Click history (number, date, and time) on the links contained in the email;
- Open history (number, date, time, and reading time) of the document (in the “Advanced documents” functionality); and
- IP address, browser, and operating system used by the person who clicked on the link or downloaded the document.
- Recipient’s signature (with the signature request functionality).
- Unsubscribe from campaigns (with the campaign unsubscribe functionality).
The processing of the mentioned personal data is carried out solely for the provision of the Service within the terms and duration indicated in the Service Terms and always under the User’s instructions.3.3. Consequently, Loboware:(i) will not process the personal data related to communication to the Recipient for purposes other than the provision of the Service requested by the User and will not transfer such data, not even for storage, to unauthorized third parties;(ii) will process the personal data related to communication to the Recipient following User’s instructions. When Loboware becomes aware that the instructions given by the User violate data protection regulations, Loboware will immediately inform the User;(iii) will promptly notify the User if it becomes aware of any data security breach and will provide all relevant details;(iv) will ensure that authorized persons within Loboware processing personal data related to communications to Recipients are committed to confidentiality or are subject to a legal obligation of confidentiality;(v) considering the nature of the processing, will assist the User through appropriate technical and organizational measures, as far as possible, in fulfilling the obligation of Users to respond to requests to exercise data subject rights established in Chapter III of the GDPR, for which it will notify the corresponding User promptly via the email provided as contact in their account of the requests received. In any case, it will be the User’s responsibility to handle and respond to the exercise of rights, although in compliance with the foregoing, Loboware will follow the instructions provided by the User;(vi) will take all necessary measures in accordance with Article 32 of the GDPR (security of processing);(vii) will assist the User in fulfilling its obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to Loboware, including, among other things:
- At the User’s choice, Loboware will delete or return to the User all personal data related to communications to the Recipient, once the Service is terminated, unless applicable regulations require data storage; and
- will make available to the User all necessary information to demonstrate compliance with the obligations established in Article 28 of the GDPR, and will allow and contribute to audits, including inspections, conducted by the User or by an auditor authorized by the User.
3.4. Loboware will not subcontract third parties for processing operations that may involve access to personal data related to communication to the Recipient without the User’s authorization.In this regard, the following subprocessors of processing shall be considered authorized by the User:
- Google Services: Google Apps.
- Stripe.
3.5. Loboware will ensure the confidentiality of personal data related to communications to the Recipients, even after the termination of the Service.3.6. In cases where the User is located in a country outside the EEA and, as a result of the service provision, international transfers of personal data are carried out by Loboware and the adequacy of the data protection levels of the country to which the data are transferred has not been confirmed by the European Commission, the so-called Standard Contractual Clauses contained in Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (“SCC”) between Loboware and the User will apply, supplemented as follows:(i) Only Module Four shall apply;(ii) Clause 7 shall not apply.(iii) The optional paragraph of Clause 11 shall not apply.(iv) Regarding Clause 17, the SCC shall be governed by Spanish law.(v) Regarding Clause 18, the applicable jurisdiction for future disputes arising from the SCC shall be that of Spain, and to the extent possible, that of Barcelona.(vi) The information in Annex I shall be deemed completed with the information contained in this Privacy Policy.3.7. The User is the data controller of personal data of the Recipients or of any other type in the context of communications sent through the Service, subject to the scope of the GDPR (taking into account that data processing activities exclusively for domestic purposes are excluded from the GDPR), or any other applicable regulations. The User will be solely responsible for defining the purposes and means of processing such personal data, and under no circumstances shall it be understood that Loboware processes personal data related to communications to the Recipients for its own purposes, as it will only use them for the provision of the Service and acting on behalf of the User. Consequently, the User must comply with the applicable obligations under data protection regulations, as appropriate in each case, including, where applicable, obligations relating to obtaining consent from data subjects and informing them about the processing of their data, as a result of using the Service. The User, and not Loboware, shall be solely responsible for complying with such obligations.
4. Exclusion of Loboware’s Service by Recipients
If you are a Recipient of emails sent through Loboware’s Service and wish to exercise any rights under the GDPR, please note that you should contact the Loboware User who sent you the email. The User sending the email decides the recipient, content, and purpose of the communication, and therefore, according to regulations, is responsible and obligated to comply with your rights. For the same reason, the User in question is the only one who can make decisions regarding the rights of Recipients whose data is being processed. Loboware is merely the provider of the Service.In any case, at Loboware, we are committed to safeguarding and protecting privacy and provide you with the email support@loboware.com to assist you in directing your requests to the corresponding User. Likewise, we will assist the User, as the data controller, in fulfilling their obligations regarding the exercise of rights. However, please note that the response and compliance ultimately depend on the User.