Privacy Policy


Data Processor

Company Name: Sways

CIF: 845 073 840 00017


Postal Address: 59, rue de Mezieres, 08000 Prix-Les-Mezieres (France)

E-mail: help@sways.eu

Sways, as the Data Processor for the
Website, in accordance with the provisions of Regulation (EU) 2016/679 of April
27, 2016 (GDPR) on the protection of natural persons with regard to the
processing of personal data and the free movement of this data and other
current regulations on the protection of personal data, and by Law 34/2002, of
July 11, Services of the Information Society and Electronic Commerce (LSSICE),
informs you the User that you have implemented the measures of necessary
security, of a technical and organizational nature, to guarantee and protect
the confidentiality, integrity and availability of data entered.

 

PURPOSE OF PERSONAL DATA
PROCESSING

 

Your personal data will only be
used for the following purposes:

-Newsletter: keep users informed
of the development of the platform and promote news sports centers and offers.

-Corporate Contact form: Keep in
touch with people who have questions about our company.
(https://sways.app/contact).

-Contact form for business:
Receive inquiries from companies who want to use Sways for their employees
(organizing week end sport sessions, buy credits for their employees etc…).
(https://sways.app/business).

-Registration for users: 1. grant
access to use features such as booking, payment and messaging. Data requested:
Name, surname, profile picture, basics data from google and Facebook. 2. Login
if the user is registered, credit card details (powered by Stripe).

-Registration for sport centres
owner. Scope: grant access to the dashboard, create and set up their accounts,
create theirs offers, managing their account. Note: the account is private by
default, it will be public upon request from the owner and the approval from
Sways team. (https://swaysproject.firebaseapp.com/register). Data requested:
Name and surname of the sport centre owner, the sport centre’s address, basics
data from google and Facebook login if it is registered. Characteristics of
sport activities and IBAN (to provide the monthly pay-out).- To notify you
about changes, important developments of the privacy policy, legal notices or
cookies policy.

- Analysis of profiles and
usability will be carried out.

- Client and/or suppliers data
will be processed, within the contractual relationship that links them with the
person in charge, in compliance with the administrative, fiscal, accounting,
and working obligations that are necessary under the current legislation.

You can revoke your consent at
any time by sending a letter with the subject "UNSUBSCRIBE" to contact@sways.app
.

In accordance with LSSICE, Sways
does not partake in SPAM practices, therefore, it does not send commercial
emails that have not been previously requested or authorized by the User.
Consequently, in all the communications that you will receive from the
provider, the User has the possibility of cancelling his or her express consent
to receive our communications.

We will not use your personal
data for any other purpose than those described except by legal obligation or
judicial requirements.

 

STORAGE OF YOUR PERSONAL DATA

 

Your data will be kept for the
duration of the commercial relationship with us or until you exercise your
right to cancellation or opposition, or limitation to processing. However, we
will keep certain personal identification and traffic data for a maximum period
of 2 years in case it is required by the Judges and Courts or to initiate
internal actions derived from the improper use of the website.

It will not be subject to
decisions based on automated processing that produce effects on your data.

 

LAWFULNESS OF PERSONAL DATA
PROCESSING

 

The legal basis for data
processing is your consent granted to carry out the purposes described above,
which will be requested at the time by marking the corresponding box when
collecting your data.

Failure to provide the personal
data requested or failure to accept this data protection policy means that it
is impossible to subscribe, register or receive information about the
Provider's products and services.

In cases where there is a prior
contractual relationship between the parties, the legitimacy for the
development of administrative, tax, accounting, and labour obligations that are
necessary under current legislation will be the prior existence of the
commercial relationship established between the parties.

 

COMMUNICATIONS

 

Any communication sent will be
incorporated into the Information Systems of Sways. By accepting these
conditions, terms, and policies, the User expressly consents to Sways carrying
out the following activities and/or actions, unless the User indicates otherwise:

- The sending of commercial
and/or promotional communications by any means enabled informing the Users of
the activities, services, promotions, advertising, news, offers, and other
information about the services and products related to the activity.

- In the event that the User has
expressly consented to the sending of commercial communications electronically
by subscribing the NEWSLETTER, the sending of such communications by electronic
means informing the Users of the activities, services, promotions, advertising,
news, offers, and other information about the services and products of Sways
equal or similar to those that were originally the aim of the contract or
interest by the User.

- The storage of personal data
during the periods provided in the applicable provisions.

 

OFFICIAL MEANS OF COMMUNICATION

 

The User is informed that the
means enabled by the company to communicate with customers and others affected
are the corporate phone, corporate mobile phones, and corporate email.

If you send personal information
through a means of communication other than those indicated in this section, the
PROVIDER will be exempt from liability in relation to the security measures
available regarding the medium in question.

 

ASSIGNMENTS OR TRANSFERS
RECIPIENTS

 

Sways does not carry out any data
transfer or communication unless there is a reasonable need to comply with a
legal procedure, legal obligation, or prior to obtaining the User's consent.

International transfers of your
personal data will not be made without your prior consent, without prejudice to
blocking or cancelling your account if there may be indications of the
commission of a crime by the User. The information provided will only be
available to the provider at this time.

Sways will not transfer the data
collected to third parties unless there is a reasonable need to comply with a
legal procedure, legal obligation, or prior obtaining the User's consent.

The information that you provide
us both through this website and through the application will be hosted on the
servers of Sways, contracted to the company Sways, located in France. The data
processing of said entity is regulated by a contract regarding the processing
between the provider and said company. In no case will this data processor
subcontract services that involve any data processing by third parties without
our prior consent.

 

RIGHTS OF CONCERNED INDIVIDUALS

 

As a concerned User, you can
request to exercise the following rights before Sways   by submitting a
letter to the postal address located in the letterhead or by sending an email
to help@sways.eu indicating as
Subject: "LOPD, ARCO Rights", and attaching a photocopy of your
National Identity Document (DNI) or any analogous document, as indicated by
law.

Rights:

- Access rights: allows the interested party to know and obtain
information about their personal data submitted to processing.

- Right to rectification or deletion: it allows to correct errors and
modify the data that proves to be inaccurate or incomplete.

- Right to cancellation: allows data that turns out to be inadequate
or excessive to be deleted.

- Right to opposition: the right of the interested party to not carry
out the processing of their personal data or to cease it.

- Limitation of personal data processing: involves the marking of
personal kept data, with the purpose of limiting its future processing.

- Portability of the data: facilitation of the data subject to
processing to the interested party, so that he or she can transmit it to
another person in charge, without impediments.

- The right not to be subject to automated individual decisions
(including the elaboration of profiles): the right not to be the subject of
a decision based on automated processing that produces effects or significantly
affects the User.

As a User, you have the right to
withdraw consent given at any time. The withdrawal of consent will not affect
the lawfulness of the process carried out before the withdrawal of consent.

You also have the right to submit
a claim to the supervisory authority if you believe that your rights may have
been violated in relation to the protection of your personal data (agpd.es).

 

ADDITIONAL INFORMATION

 

INFORMATION WE
COLLECT:

The data collected by the
responsible party is the following:

- Those that Users provide
through the different services offered on the website

- Those included in the different
forms provided on the website

- Data collected through
"cookies" for browsing experience improvement as reported in the
cookies policy.

The refusal to supply the
obligatory data will result in the impossibility to minister to the particular
request in question. You state that the information and data you provide us are
accurate, current and true. We ask that in case of modification, communicate
such actions immediately so that the information under process is updated at
all times and does not contain errors.

If you contract the
service/purchase the product through our website www.sways.eu and sways.app or our
App on the App Store and Google Play Store we will ask you to provide us with
information about you, including your name, contact information, and
information about a credit or debit card.

Through this Privacy Policy we
inform you that the photographs that are posted on the website are property of Sways,
including those of minors, of which, in order to obtain these, prior consent of
the parent, tutors, or legal representatives has been obtained by signing the
forms made for that purpose by the centres in which matters regarding minors
are regulated. However, the parents, guardians, or representatives of minors,
as holders of the exercise of rights of these, and always by previous formal
requirement in writing, may indicate the refusal to use the image of the minor;
in this case, the image will be shown pixelated.

SOCIAL NETWORKS

We inform you that Sways may have
a presence on social networks. The processing of data that is carried out
concerning the people who become followers on social networks (and/or carry out
any link or connection action through social networks) of the official pages of
Sways will be governed by this section, as well as those conditions of use,
privacy policies, and access regulations that belong to the social network that
is appropriate in each case and previously accepted by the User.

Sways will process your data with
the purpose of correctly managing your presence on social networks, informing
you of the provider's activities, products, or services, as well as for any
other purpose that the regulations of the social networks allow.

The publication of the following
content is prohibited:

- That are presumably unlawful by
national, community, or international regulations or that they carry out
activities that are presumably unlawful or contravene the principles of good
faith.

- That threaten the fundamental
rights of people, lack courtesy in the network, annoy or may generate negative
opinions to our Users or third parties and in general whatever the content that
Sways deems inappropriate.

- In general that contravene the
principles of legality, honesty, responsibility, protection of human dignity,
protection of minors, protection of public order, protection of privacy,
consumer protection, and intellectual and industrial property rights.

Likewise, Sways reserves the
right to remove, without notice from the website or the corporate social
network, those contents deemed inappropriate.

Communications sent through
social networks will be incorporated into a file owned by Sways, and may send
you information of interest.

You can access more information, as
well as consult the companies that are part of Sways, through the following
link: sways.eu/privacypolicy

In any case, if you send personal
information through the social network, Sways will be exempt from liability in
relation to the security measures applicable to this platform, which is the
Users’ responsibility to know, by checking the corresponding conditions
particular to the network in question.

SECURITY MEASURES:

The information you provide will
be processed confidentially. The Provider has adopted all the technical and
organizational measures and all the levels of protection necessary to guarantee
the security in the processing of the data and to avoid its alteration, loss,
theft, processing or unauthorized access, according to the state of technology
and nature of the stored data. Likewise, it is also guaranteed that the
processing and registration in files, programs, systems or equipment, premises
and centres comply with the requirements and conditions of integrity and
security established in the current regulations.

LANGUAGE

The language applicable to this
Privacy Policy is Spanish. Therefore, in case there is any contradiction in any
of the versions provided in other languages, the Spanish version will have
prevalence.

BLOG SUBSCRIPTION

In the event that the User
subscribes to the blog, we inform you that the information provided will be
processed to manage your subscription to the information blog with update
notices and that it will be kept as long as there is a mutual interest to
maintain until the end of the agreement. When it is no longer necessary for
this purpose, it will be eliminated with adequate security measures to
guarantee the pseudonymization of the data or the total destruction of the
same. The data will not be communicated to third parties, except within the
frame of legal obligations.

PUBLICATION OF YOUR
TESTIMONIAL

In the event that the User wants
to publish their testimonial on the web, we inform you that the information
provided will be processed to address the proposed suggestions, experiences, or
opinions regarding the products and/or services to be published on the website
and thus be able to help other Users. The data will be kept as long as there is
a mutual interest to maintain the end of the agreement and when it is no longer
necessary for this purpose, it will be deleted with adequate security measures
to guarantee the pseudonymization of the data or total destruction of the data.
The testimonials will be published on our website. The only personal data that
will be published about the testimonial will be its name.

 
CHANGES IN THE
PRESENT PRIVACY POLICY

Sways reserves the right to
modify this policy to adapt it to new legislation or jurisprudence dispositions
(case law).

LEGISLATION

For all purposes, the
relationship between Sways and the Users of its telematics services, present on this Website, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all
conflicts arising or related to their use the Courts and Tribunals of Barcelona.