Privacy Policy

Last updated 28th June 2022

Giunti-Nesplora s.l. (hereinafter NESPLORA), with Tax Identification Number B-01955210, complies with the requirements established in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and to this end has created this legal notice.

This privacy policy (the “Policy”) sets out the types of personal data we collect and use when you use our products and services (“Services”), and when you access and visit our websites (each a “Website”) and how we may use that data.

1. INTRODUCTION

NESPLORA guarantees compliance with the obligations set out in the personal data protection regulations, and specifically 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.

This Policy covers our collection, processing and use of personal data when you use any of our Services or Websites.

When you supply any personal data to us we have legal obligations towards you in the way we use that data. For ease of reading, we have divided this Policy into several sections:

Introduction
What is personal data and what do we collect
How and why do we use/share your personal data
For how long do we keep your personal data
Security
Your Right
Contact Details

It is important that you read this Policy together with any other privacy notice or fair processing notices that we may provide within our Services or on our Website at or around the time that we collect or process personal data about you (for example, fair processing notices that we may display to you at the time that you agree to share certain data with us, or where you sign up to receive e-mail updates from us) so that you are fully aware of how and why we are using that data.

This Policy supplements other notices including each Service’s individual terms of use and our Websites’ respective terms of use and cookies policies. This Policy is not intended to override or replace those documents and must be read alongside them.

By visiting or otherwise using our Services or Websites, you are agreeing to the practices set out in this Policy. If, for any reason, you do not agree to the terms of this Policy, please stop using our Services and Websites.

We reserve the right to revise or amend this Policy at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to let you know. However, it is your responsibility to check this Policy before each use of the Website – for ease of reference the top of this Policy indicates the date on which it was last updated.

2. WHAT IS PERSONAL DATA AND WHAT DO WE COLLECT?

WHAT IS PERSONAL DATA?

Where this Policy refers to ‘personal data’ it is referring to data about you from which you could be identified – such as your name, your date of birth, your contact details and even your IP address. Your privacy is important to us, so we limit the amount of personal data we gather, process and store about you to an absolute minimum.

By law we are obliged to process your personal data in certain ways and to ensure that you are given an appropriate amount of information about how they use it. You also have various rights to seek information from those organisations about how they are using your data, and to prevent them from processing it unlawfully. For more information about these rights, please see the ‘Your Rights’ section of this Policy.

DATA WE COLLECT FROM YOU WHEN YOU USE OUR SERVICES

PART 1 – ANALYTICS DATA

“Analytics” means data which is provided to us by our programs via your device when you use one of NESPLORA’s Services, which we combine with similar data from other programs in order to improve our products and services, or to help us to understand more about people who use our services. All Analytics data is anonymized from the start and thus not Personal data. Also, we do NOT connect or correlate this data with any Personal Data you may chose to give to us. Analytics data is collected, processed and stored through Google Analytics.

WHAT DATA DO WE COLLECT FOR ANALYTICS?

We may collect some or all of the data described below. However, please note that the actual data which we collect may differ depending on the platform on which you use our product, and on the particular product you use:

The frequency and timing of use of NESPLORA products.
Information about your hardware configuration or specification (which may include manufacturer, CPU speed, memory, graphics card / processor and operating system).
Information about in-app events and how you used our products or services. For example, the data collected could include the following: (a) errors occurred during the use of the app; (b) whether the execution has finished or not; (c) the duration of the execution.

HOW WE USE THIS DATA.

We use Analytics data for the following purposes:

To monitor how any products or services or features are operating. We do this in “real time” (sometimes known as “telemetry”) and we also look back over Analytics data for past events (sometimes known as “analytics”).
To improve our products and services, including by identifying problems or bugs and balancing servers, and better understanding the hardware configurations and specifications used by our customers.
To understand the countries or geographic regions in which the users of our products and services are located.

PART 2 – OTHER VOLUNTARY PROVISION OF DATA

This is currently the only place where we collect personal data.

Where you voluntarily supply your personal data to us outside of the channels described above, for example where you; use one of our Websites or Services to upload or send personal data (by filling out a form to describe a fault or bug, subscribe to a publication or newsletter, take part in a survey, post a comment, or engage in similar activities in which you volunteer data about yourself) we may collect, store and use the personal data that you disclose to us.

The personal data we collect from you may include your title, name, address, e-mail address, Oculus ID, and phone number, but will depend on precisely what details you volunteer to us as you interact with the Website.

PART 3 – AUTOMATED COLLECTION OF DATA

We may use third party service providers to assist us with Analytics data for mobile apps and Websites only. These may include Google Analytics. This does not affect the nature of data collected, or how it is used, as described above.

The following are examples of data we may collect:

information about your device, browser or operating system;
your IP address;
information about links that you click and pages you view on our Website
length of visits to certain pages;
subjects you viewed or searched for;
page response times;
records of download errors and/or broken links;
page interaction information (such as details of your scrolling, clicks, and mouse-overs);
methods used to browse away from the page; and
the full Uniform Resource Locators (URL) clickstream to, through and from this Website (including date and time).

We use the data described above for several different reasons. Firstly we use it to ensure that the Website works properly and that you are able to receive the full benefit of it. Second, we use the data to monitor online traffic and audience participation across the Website. We undertake both of these activities because we have a legitimate interest in doing so.

3. HOW AND WHY DO WE USE/SHARE YOUR PERSONAL DATA

SHARING YOUR PERSONAL DATA

In addition to the uses of your Personal Data described above we may share it, only when absolutely needed, in the following ways:

we may share your personal data with any member of NESPLORA, which means our subsidiaries, our ultimate holding company and its subsidiaries.
with the providers of platforms that we use to distribute our Services to you (such as web stores).
with analytics and search engine providers that assist us in the improvement and optimisation of this Website as described above.
We will not share your personal data with third parties in order for that third party to provide direct marketing communications to you.

We may also disclose your personal data to third parties in the following events:

if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder.
in order to enforce or apply our Services or Websites’ terms of use or terms and conditions; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Our service providers provide us with a variety of administrative, statistical, and technical services. We will only provide service providers with the minimum amount of personal data they need to fulfil the services we request, and we stipulate that they protect this data and do not use it for any other purpose. We take these relationships seriously and oblige all of our data processors to sign contracts with us that clearly set out their commitment to respecting individual rights, and their commitments to assisting us to help you exercise your rights as a data subject.

4. FOR HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will hold your personal data on our systems only for as long as required to provide you with the services you have requested or to perform the purpose for which that data was collected.

In some circumstances you can ask us to delete your data: see ‘Your Rights’ below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this data indefinitely without further notice to you.

5. SECURITY

NESPLORA may store your personal data on secure servers either on our premises or in secure third party data centres.

Personal data is sent over a secure connection (SSL encryption). It is also stored in encrypted form on the server to prevent unauthorized access by third parties.

If we ever give you (or where you have chosen) a password which enables you to access certain parts of this Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

6. YOUR RIGHTS

As a data subject you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.

RIGHT OF ACCESS

You may, at any time, request access to the personal data that we hold which relates to you (you may have heard of this right being described as a “subject access request“).

Please note that this right entitles you to receive a copy of the personal data that we hold about you in order to enable you to check that it is correct and to ensure that we are processing that personal data lawfully. It is not a right that allows you to request personal data about other people, or a right to request specific documents from us that do not relate to your personal data.

You can exercise this right at any time by writing to us using the contact details set out here and telling us that you are making a subject access request. You do not have to fill in a specific form to make this kind of request.

YOUR RIGHT TO RECTIFICATION AND ERASURE

You may, at any time, request that we correct personal data that we hold about you which you believe is incorrect or inaccurate. You may also ask us to erase personal data if you do not believe that we need to continue retaining it (you may have heard of this right described as the “right to be forgotten”).

Please note that we may ask you to verify any new data that you provide to us and may take our own steps to check that the new data you have supplied us with is right. Further, we are not always obliged to erase personal data when asked to do so; if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to erase we will tell you what that reason is at the time we respond to your request.

You can exercise this right at any time by writing to us using the contact details set out here and telling us that you are making a request to have your personal data rectified or erased and on what basis you are making that request. If you want us to replace inaccurate data with new data, you should tell us what that new data is. You do not have to fill in a specific form to make this kind of request.

YOUR RIGHT TO RESTRICT PROCESSING

Where we process your personal data on the basis of a legitimate interest (see the sections of this Policy which explain how and why we use your information) you are entitled to ask us to stop processing it in that way if you feel that our continuing to do so impacts on your fundamental rights and freedoms or if you feel that those legitimate interests are not valid.

You may also ask us to stop processing your personal data (a) if you dispute the accuracy of that personal data and want us verify that data’s accuracy; (b) where it has been established that our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need to process your personal data (and would otherwise dispose of it) but you wish for us to continue storing it in order to enable you to establish, exercise or defend legal claims.

Please note that if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to stop processing, we will tell you what that reason is, either at the time we first respond to your request or after we have had the opportunity to consider and investigate it.

You can exercise this right at any time by writing to us using the contact details set out here and telling us that you are making a request to have us stop processing the relevant aspect of your personal data and describing which of the above conditions you believe is relevant to that request. You do not have to fill in a specific form to make this kind of request.

YOUR RIGHT TO STOP RECEIVING COMMUNICATIONS

Where we send you e-mail marketing communications (or other regulated electronic messages) you have the right to opt-out at any time by writing to us at customers@nesplora.com and telling us which communications you would like us to stop sending you.

YOUR RIGHT TO OBJECT TO AUTOMATED DECISION MAKING AND PROFILING

You have the right to be informed about the existence of any automated decision making and profiling of your personal data, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you.

EXERCISING YOUR RIGHTS

When you write to us making a request to exercise your rights we are entitled to ask you to prove that you are who you say you are. We may ask you to provide copies of relevant ID documents to help us to verify your identity.

It will help us to process your request if you clearly state which right you wish to exercise and, where relevant, why it is that you are exercising it. The clearer and more specific you can be, the faster and more efficiently we can deal with your request. If you do not provide us with sufficient information then we may delay actioning your request until you have provided us with additional information (and where this is the case we will tell you).

CONTACT DETAILS

If you have any queries regarding this Policy, if you wish to exercise any of your rights set out above or if you think that the Policy has not been followed, please contact us at: