App Privacy Policy

This privacy policy has been drafted under the provisions of 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 the free movement of such data (GDPR) and the Spanish Organic Law 3/2018 of 5 December on data protection and guarantee of digital rights (LOPDGDD).

User Information

Before using this application (hereinafter the service or application) it is important that you read and accept the following terms and Privacy Policy. These terms govern the relationship between Centro Comercial Espacio Mediterráneo (hereinafter the Operator) and the users of the mobile application (hereinafter the User).

These Terms of Use constitute a legally binding contract. The User cannot access or use the service without previously accepting these Terms of Use.

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

Data Controller

The controller of the data processed through the application is Comunidad de Propietarios Zona Comercial y Ocio Centro Comercial Espacio Mediterráneo Complejo Inmobiliario Parque Mediterráneo Shicap with address at Centro Comercial Espacio Mediterráneo, P.I. Cabezo Beaza. C.P. 30353 Cartagena (Murcia) and NIF H30812598. You can contact the data controller at the above address or by e-mail at: info@espaciomediterraneo.net

Access to the Service

By using the application, the User declares to be over 14 years of age and that, in any case, to be fully qualified according to their personal law for access to this service and for the acceptance of the present terms.

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 e-mail account in order to make full use of the functionalities.

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

Service Information

How can I use this application service?

To make use of this service you first need to fill in a first registration form. A confirmation link will be sent to the e-mail address you provided during registration for you to validate your account. You can also use your Facebook credentials for our application; in the event that you choose this option, the Operator will store the personal data associated to your Facebook profile whose storage you allowed in the application, and we will 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 location information will be used to offer relevant content based on the point of interest, as well as to keep a history of what you visit the most.
We will sometimes take samples of your native location (Wi-Fi network reading), as long as you give your consent and the operating system of your device supports this when installing the application. We will never activate GPS, and the level of accuracy of your location will be the one you set in your phone.

How Do I Change my Geolocation Settings?

In your mobile device 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 give your consent to the geolocation of your mobile device, these functions will be activated immediately and their operation will be as detailed above.

You can deactivate the geolocation of your mobile device at any time through your mobile settings. What Is Geolocation Information Collected For?

The essential purpose of processing the positioning information is to have specific information about the most visited areas in the shopping centre and points of interest, as well as their visitors in general.

In addition, you will be able to benefit from promotions and offers made available for the users of this Operator’s application by the shopping centre.

We collect geolocation information to improve your shopping experience.

● We analyse how you use the service in order to improve it and provide you with a better way to communicate with the shopping centre and, if we have previously obtained your consent, combine your personal data, collected 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 previously approved it in each of the channels. Therefore, upon 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 purpose of sending you promotional materials.

● We measure, test and monitor the metrics and effectiveness of our service to ensure that everything is on track and that we can protect it against any attempt of theft, loss, damage or unauthorised use, thus complying with our legal obligations. Even though you may receive commercial information from third parties, you should know that in no case those third parties have had access to the data relating to your e-mail address.

Who Has Access to my Information?

We only share your data to improve your shopping experience and allow you to benefit from new services, making every effort to ensure that the information is stored securely and anonymously. We may share your data in the following cases:

● in response to subpoenas, court orders, summons or court proceedings, if necessary to comply with applicable law;

● to our collaborators, in an anonymous form that does not allow you to be identified;

Data Sharing with Third Parties Approved by the User

Shared use with social media. If you choose to access the application through a social media account or click on one of the social media connection buttons or links (for example, the Facebook “Like” button) that are available on the application, your content and personal data will be shared with the relevant social networks. You acknowledge that you have been informed and understand that such information may be published on those social networks within your account.

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

Operator Responsibilities

The service provided by the Operator through this application is for informational purposes only. Although all reasonable measures have been taken to ensure that the contents of the application are current, accurate, complete and up to date, the functionalities are provided on an “as available” basis, without warranties 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 other consequences arising from any use of the service or its content, or User content disseminated by the User on the service, or (ii) to the User, in respect of indirect losses or damages, as well as moral damages, or loss of profits, income, use or data arising from the use or operation of the service.

The User expressly acknowledges that (i) the service is not virus or error free, (ii) the 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 have any control over third party networks or websites that may be accessed while using the service, (iv) the Operator assumes no responsibility for any loss, failure to store, misdelivery or untimely delivery of any data or material through the service, and (v) the Operator disclaims all warranties, express or implied, including warranties of satisfactory or merchantable quality, or fitness for a particular purpose or necessity, with respect to the content and the service.

Links to Other Sites

We may include on the service, or in communications you receive from us, hypertext links to third party websites or Internet sources. We have no control over and cannot be responsible for the content and privacy practices of third parties. Please read the privacy practices of such third parties carefully to understand how they collect and process your personal data.

Protection of Personal Data

In compliance with the provisions of EU Regulation 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 (RGPD), you are hereby informed that the data you provide us in the registration process or subsequently while making use of the application will be included in the register of processing activities kept by the Operator for the management and maintenance of the service offered by this application, as well as the various types of data processing indicated in this Privacy Policy. In compliance with the principle of transparency laid down in Article 12 of the DPGR, you are hereby informed of the purposes for which we will use the following data provided by you:

● Your e-mail address, to associate it with your user account and send you commercial communications, provided that you have expressly agreed to receiving them. ● Your first and last name, to send you personalised messages of a non-commercial nature.

● Your date of birth, to verify that you are of legal age to use this application and also to offer you various recommendations based on your age.

● Your family status and gender, to offer you various recommendations based on your age.

● Your telephone number, to communicate offers of interest to you via SMS or phone call.

● Your ID card number, only required to make use of the play centre service, for the sole purpose of identifying you at the play centre. • Your address, to send you commercial communications with your consent, as well as to make recommendations based on your geographic area.

● Your geographic location (e.g., obtained via GPS), to send you targeted marketing communications with your consent, as well as to detect whether you are near one of our points of sale or points of interest. If we detect you at a point of sale or point of interest, we will track you within this point in order to provide you with personalised offers based on your location. Location is also required to redeem coupons or other promotional offers.

● How you use the application, to personalise content that we consider to be of interest to you. The legal basis for all of the above processing is consent; we will store the information necessary to prove that you have given your consent. You may withdraw your previously granted consent at any time.

No categories of recipients are envisaged, nor is any international transfer of data, 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, with VAT EU528002224.

You have the right of access, rectification, objection, erasure and restriction on the processing of your personal data, which you can exercise by writing to the Operator. The information we collect from you will be kept confidential for as long as you use the application; if you unsubscribe, we will erase your profile and retain your personal data for a period of 3 years in order to be able to respond to any liabilities arising from the processing of your personal data. You can find further information on the rights recognised in the data protection regulations below.

You also have the possibility to file a complaint with the Spanish Data Protection Agency if you believe that the processing of your data is not being adequate. Some of the data we request in the registration form are mandatory, so we cannot offer you the Operator service without such mandatory information.

The personal data we collect will be processed confidentially, applying the technical and organisational measures established in our internal security policy. We have conducted a risk analysis and an impact assessment to ensure that we protect the information of our users in order to prevent improper access, manipulation or erasure. Except with the express consent of the User, data will not be transferred to other entities or third parties, excluding the legally permitted cases and the publication of the name of the User in user rankings.

Profiling

In compliance with the provisions of Article 13.2.f of the DPGR, the User is hereby informed that the data provided by the User will not be used for automated decision-making, particularly profiling.

Expanded information on the rights recognised in the data protection regulations.

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 your personal data and the information relating to their processing. You have the right to obtain a copy of the personal data being processed.

Right of Rectification

You have the right to the rectification without undue delay of inaccurate personal data concerning you. Considering the purposes of the processing, you have the right to have your incomplete personal data completed.

Right of Erasure

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

We are obliged to erase personal data without undue delay if one of the following circumstances applies:

a) the personal data is no longer necessary for the purposes for which it was collected or otherwise processed;

b) the data subject withdraws the consent given for specific purposes or the express consent given for the processing of special categories of data, such as data revealing their political opinions, as long as such processing is not based on another legal ground;

c) the data subject objects to the processing on grounds relating to their particular situation and no other legitimate grounds for the processing prevail;

d) the personal data have been processed unlawfully;

(e) 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 shall not apply where the processing is necessary for:

a) exercising the right to freedom of expression and information;

b) compliance with a legal obligation requiring the processing of data imposed by Union or Member State law which applies to the controller;

c) carrying out a task in the public interest or in the exercise of official authority vested in the controller;

d) archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, insofar as the right of erasure would make impossible or seriously impede the achievement of the purposes of such processing;

e) the exercise, defence or filing of claims.

Restriction of Processing

You have the right to restrict data processing if:

a) You contest the accuracy of the personal data for a period of time that allows us to verify its accuracy;

b) The processing is unlawful and you object to the erasure of the personal data and request instead the restriction of its use;

c) We do not need your personal data for the purposes of the processing, but you need them for the formulation, exercise or defence of claims;

d) You have objected to the processing on grounds relating to your particular situation, while we verify whether the legitimate interest of data controller prevails over that of the data subject.

Data Portability

You have the right to receive your personal data in a widely used machine-readable structured 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(1)(e) or (f) of the GDPR. We will no longer process your 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 withdraw at any time the consent you gave us to process your personal data.

Complaint Before 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 adequately processed. In this case, the competent authority is the Spanish Data Protection Agency. You can exercise your rights on the following web page: https://sedeagpd.gob.es/sede-electronica-web/vistas/infoSede/inicio.jsf

How Can I Unsubscribe from the Service?

To unsubscribe from the service, you just have to send an e-mail to info@espaciomediterraneo.net from the e-mail account you have associated in your Espacio Mediterráneo application.

Changes to this Policy

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

Last updated: 10 January 2020