Through this Policy it is informed that the personal data of Kolibrick Customers will be treated in accordance with the principles of transparency, limitation of purpose, data minimization, accuracy, integrity and confidentiality, as well as respecting all other obligations and guarantees established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data (as far as next, the “GDPR”).
The personal data that we may collect through the different communications that we maintain with you will be treated with absolute confidentiality, committing ourselves to keep secret about them and guaranteeing the duty to keep them by adopting all the necessary and reasonable measures that prevent their alteration, loss and treatment or unauthorized access, in accordance with the provisions of the applicable legislation.
In order to comply with the aforementioned regulations and help the Client of any Kolibrick Service to understand how their personal data is collected, used, processed and protected, Kolibrick informs you of the following aspects related to your right to the protection of personal data.
1. Glossary of terms
Client: natural or legal person who makes and maintains the contractual relationship with Kolibrick.
Interlocutor: person designated by the Client to represent the same before Kolibrick, and carry out institutional, informative and commercial communications with Kolibrick.
Services: services whose marketing is carried out under the Kolibrick brand. In this sense, under the Kolibrick brand, financial technology services related to the payment and investment sector may be provided.
Web pages: web pages owned by Kolibrick, as well as those made available to the Client for the use of their contracted products and services.
2. Who process your data?
The following people will be responsible for the processing of the Client's personal data based on the products and services that they have contracted, except those particularities that could be collected in the conditions of the specific service:
FINTECH PAYMENTS, S.L.
General Pardiñas, 92, 2nd Floor.
28006 Madrid (Spain).
3. What is personal data and what data do we process?
Personal data consists of information that identifies or identifies individual persons such as name, postal address, email address or telephone number, etc.
Based on the minimization principle, the data that we will be able to process will be adequate, relevant and limited to those necessary depending on the purposes for which they are processed, and always respecting the will of the Client. Thus, in Kolibrick we will treat your personal data in order to maintain the commercial relationship, for example, to invoice the service.
To do this, when you are a Kolibrick Client, we will process your bank details for direct debit payments, as well as your contact details, as well as your contacts, that are necessary to contact you, with the sole purpose of maintaining commercial relations of any kind.
Notwithstanding the foregoing, it is informed that the provision of the Services may involve the processing of other categories of data not included in the preceding paragraph, in which case, the Client will be informed in the specific privacy conditions for each of the affected services , and obtained your consent, if necessary, in accordance with applicable regulations.
4. How do we process your data?
The Client is responsible for the relationship established with Kolibrick, and who accepts the conditions under which it is developed. In this sense, it guarantees that it is empowered and has obtained the consent of the interlocutors to accept the privacy conditions established in this Policy as well as in the conditions of each of the Services contracted.
The interlocutor of the company is the one who maintains the direct relationship with Kolibrick, and the treatment that is carried out of your personal data is covered by the relationship established between Kolibrick and the Client company. Without prejudice to the powers established for the Client, the interlocutor shall have the power to oppose the receipt of commercial communications through the means established by Kolibrick.
5. For what purpose do we process your data?
Additionally, during the validity of the contractual relationship, other data may be incorporated for these or other purposes, in which case the Client will be duly informed at the time of their collection, for example, through forms filled in on the page Web.
The Client will be solely responsible for all information provided to Kolibrick for the management and contracting of services. Kolibrick is not responsible for the use of false, inaccurate, incomplete, outdated data provided by the Client.
Kolibrick informs that for the provision of the service you may use the personal data that are necessary for the correct provision of the service, presuming for this purpose the legitimate interest of Kolibrick to treat this personal data, in accordance with the regulations on data protection in force.
Specifically, the treatments that may be necessary for the provision of contracted services will be carried out for the following purposes:
i. Provide the service, maintain it and manage the contractual relationship with the Client.
ii. Customer Service through any Kolibrick channel to which you can go: www.Kolibrick.com, social networks or any other means of communication authorized by Kolibrick, including devices and / or applications that Kolibrick makes available to the Client for the management of its services.
iii. Accredit the hiring, improve the quality of the technical and commercial attention, as well as verify the satisfaction of the Clients, through the recording of the Customer's calls to the telephone attention numbers enabled for this purpose, or those that could be made from Kolibrick or from any company authorized by it.
iv. Realization of statistics, surveys or market studies, which have the purpose of evaluating the quality of the product or service, making business, commercial, investment decisions, checking the sales or products that are most sold etc.
5.1. Express consent
The express consent constitutes a legitimizing basis of the treatment that will allow Kolibrick to process, after obtaining the corresponding authorization of the Client, the aforementioned personal data and the data of the services contracted to Kolibrick, in order to make a commercial profile and that Kolibrick can offer, by any means, offers of products and services of its own and / or third parties.
6. Further processing
7. Data processing of minors
Kolibrick expressly prohibits that those minors who do not have the minimum age legally provided in the current regulations to be able to consent to the processing of their personal data by themselves, provide them to Kolibrick without the prior consent of their parents, guardians or legal representatives.
In the event that the Client grants the use of the services to a user under that age, he will be responsible for authorizing and deciding before Kolibrick on the processing of the same data in the terms set forth in this Policy.
Kolibrick will ensure the proper use of the data of minors guaranteeing respect for the laws that apply to them with measures that are reasonably appropriate.
At the moment in which the parents, guardians or legal representatives of these minors detect an unauthorized data processing may submit their queries or claims by writing a letter to email@example.com.
8. Information retention periods
The Client is informed that, in compliance with the principle of limiting the storage period, the data collected will be treated only and exclusively for the necessary time and for the purposes for which they have been collected at any time.
They will therefore be maintained in a way that allows the identification of the interested parties for no longer than necessary for the purposes of the processing of personal data.
The personal data will be kept during the validity of the contractual relationship and, once it is finalized, during the periods established by civil, fiscal and commercial legislation regarding the prescription of responsibilities.
9. Recipients or target categories
Kolibrick has contracted for the management of some of the functions necessary for the provision of the service, trustworthy providers who may have access to personal data, who will act as processors and who will be contractually obliged to comply with their legal obligations of treatment manager , to maintain the confidentiality and secrecy of the information.
The following categories of recipients may access the Client's personal data:
- Web designers.
- Web programmers.
- Content managers.
- Community Managers.
- Partners that provide investment services or regulated payments such as payment entities, electronic money entities, banks, etc.
- Collaborating partners that provide technological services directly or indirectly to the Client.
- Administrations and Public and Judicial bodies in accordance with the provisions of current legislation.
In no case will the Client's personal data be shared with third parties without obtaining their prior consent, unless the transfer of their data was necessary to ensure the maintenance of the contractual relationship with the Client, as well as in the cases provided by the regulations in force at all times.
Kolibrick may communicate the Client's personal data to the different public administrations under a legal obligation.
The Client is informed that, in accordance with current regulations, in cases of default, the data related to the debt may be communicated to third parties duly legally authorized and in charge of managing the breach of monetary obligations.
10. International data transfers
It is reported that Kolibrick does not contract the management of some of the functions necessary for the provision of the service with treatment managers located outside the EU and, in any case, guarantee an adequate level of protection of personal data.
11. Exercise of rights
You may exercise the following rights, in accordance with the applicable data protection regulations:
• Access: allows the owner of the data to obtain information about whether Kolibrick is treating personal data that concerns him or not and, in that case, the right to obtain information about your personal data subject to treatment.
• Rectification: allows correcting errors and modifying data that is inaccurate or incomplete.
• Deletion: allows the data to be deleted and cease to be processed by Kolibrick, unless there is a legal obligation to keep them and / or other legitimate reasons for their treatment by Kolibrick comply.
• Limitation: under the legally established conditions, it allows the data processing to be paralyzed, so that Kolibrick is avoided in the future, which will only keep them for the exercise or defense of claims.
• Opposition: in certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. Kolibrick will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
• Portability: allows the interested party to receive their personal data and be able to transmit them directly to another person in charge in a structured format, for common use and mechanical reading. For the exercise of this right, it will be necessary for the Client to provide a valid email.
To exercise these rights, the Client must send an email through the following address, providing a copy of his official identification document, to: firstname.lastname@example.org.
Finally, the Client will have the right to file a claim with the national control authority, for this purpose he should contact the Spanish Agency for Data Protection, whose contact details are as follows:
Spanish Agency for Data Protection
C / Jorge Juan, 6 - 28001 Madrid
Telephones: 901 100 099/91 266 35 17.
Like other Internet portals, Kolibrick web pages use a technology called "cookies" to collect information about user interactions and how to use the Web pages.
13. Policy changes
In the event that any of the provisions of these conditions, or part of them, is declared illegal, invalidated or not applicable by a competent administrative or judicial entity, it will be considered as unencumbered, without affecting the other provisions.
The delay or lack of exercise by Kolibrick of a legal action or of any right described in these conditions does not imply, in any case, a waiver of them.
Similarly, failure to claim a breach of the obligations set forth in these conditions will not result in a waiver of your subsequent claim.