Access to the application (hereinafter, the “APP”), as well as its use, are subject to what is described in the document “Terms and Conditions of Use” (hereinafter, the “T&C”).
“User” is any person who accesses the APP and makes use of it. By doing so, the person accepts and acknowledges the T&C, and becomes a User of the App (hereinafter, “USER”). Users are the owners of the personal data that is the object of treatment.
“Account” refers to the virtual space within the APP through which the CLUB provides SERVICES to USERS who have previously correctly validated their identity as CLUB customers.
2. LEGAL FRAMEWORK OF REFERENCE
On the one hand, the CLUB declares to know and accept that by virtue of the provisions of the Directive on electronic privacy (directive 2002/58/CE modified by Directive 2009/136/CE), “the terminal equipment of users of network electronic communications, as well as all information stored in said equipment, are part of the private sphere of users that must be protected in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms ”.
On the other hand, the CLUB declares to know and accept that the personal data of USERS must be protected as stipulated in the legislation in force at all times, and currently in accordance with the provisions of Regulation 2016/679 of Parliament European Council 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 circulation of these data (General Data Protection Regulation, and hereinafter, “RGPD”) and in the case of Spain in particular, with what is also established in Organic Law 3/2018 of December 5, Protection of Personal Data and guarantee of digital rights.
The CLUB undertakes to comply at all times with said legal framework of reference, also committing itself to implement the security measures that are required by the applicable regulations and to adopt, as far as possible, any additional measures of a technical, administrative, informative or necessary to comply with the legal requirements on the protection of personal data and in particular, guarantee the security and integrity of such data and its protection against unauthorized alterations, losses, treatment or access.
3. PURPOSE OF THE DATA PROCESSING
The CLUB, as responsible for the processing of their personal data, informs the USERS that their data will be processed by the CLUB in order that they can enjoy the APP and the SERVICES provided, being precisely the acceptance of the T&C and the maintenance of the status of USER of the APP the legitimacy for the treatment of said data.
Likewise, the user is informed that the APP performs customer profiling activities, creating for each USER a specific profile that progressively expands over time as the USER uses the APP and the different SERVICES.
4. UNIVERSE OF PROCESSED PERSONAL DATA
The CLUB has a database with the information of all the USERS of the APP, which includes all the information captured from the USERS at all times and as set out in Annex
5. FUNCTIONS OF THE CLUB
The CLUB will be responsible for the processing of the USER’s data.
Always within the framework of the correct provision of the associated SERVICES, the CLUB will have access and may carry out different treatments on different information of the USER’s profile, USER preferences, and information related to the USER’s activity, and in particular on their reservations, their participation in events, and payments.
Regarding the personal data to which the CLUB will have access, the following main treatments may be carried out in general:
- Consultation of all the mentioned data.
- Modification of those data for which the possibility of editing has been enabled at any time.
- Extraction and conservation of the same in different formats and supports and information systems, including the generation of their own independent databases.
( ) Deletion by manually deleting the USER’s profile.
- Publication of new data related to the USER’s activity
6. SPECIAL PERMISSIONS
For the correct functioning of the APP and the correct provision of the different SERVICES, the APP needs to share certain personal data with the systems of the CLUB and the CLUB itself, and vice versa. In this sense, the USER declares to know, and accept that:
- The CLUB can share with the APP personal information about the USER’s profile and their activity related to the CLUB (and in particular in relation to their reservations, their participation in all kinds of events, payments made and consumption), and vice versa.
Additionally, the APP acts as one more digital channel through which the CLUB can capture personal data of its clients. In this sense, the USER declares to know, and accept that:
- The CLUB will be empowered at any time to generate its own database with the personal data processed as part of the use that the USER makes of the APP, and/or to update any existing database with said data under its responsibility.
- The CLUB will be empowered to process the personal data of the USER according to the permissions previously obtained from said USER through other channels, and additionally for (i) the correct management of the relationship with the USER as a customer and provision of the different products and services offered and/or delivered at all times (e.g. to send the USER a confirmation about a registration made, to inform the user of an incident that affects a contracted service) and (ii) the promotion of all kinds of initiatives, promotions and news related to CLUB activity (eg. to inform the USER of a special discount or the launch of a new service).
And this through the channels associated with the previously obtained permits and through the digital channels constituted by the APP and associated technologies (eg. push notifications), email marketing and SMS for the aforementioned additional permits.
7. ASSIGNMENT OF DATA AND TRANSFERS
7.1. Access to data
The CLUB will only give access to the information of USERS to authorized third parties such as employees and suppliers, and as long as such access by third parties is necessary for the purpose of complying with the provision of SERVICES and other services according to the special permits detailed in the previous section.
7.2. International transfers
In certain circumstances, the CLUB may need to carry out international transfers of certain USER data with third parties (e.g. in the event that it is necessary, in the interest of the USER, for the conclusion or execution of a contract between the CLUB and the licensee; when using the CLUB service providers located outside the European Union for the provision of certain auxiliary services to their activity such as hosting, provision of infrastructure, generation of remote backups, IT support or maintenance services, email management, email marketing, file transfer or provision of certain specific functionalities of the APP; or for the execution of pre-contractual measures taken at the request of the interested party).
These entities can be different and vary over time. In this sense, the CLUB undertakes to choose entities that belong to countries that have a level of protection equivalent to the European in terms of data protection, or that offer the appropriate guarantees to achieve that level, and otherwise, only to make an international transfer of data to a third party based on any of the exceptions provided for this purpose in the RGPD.
Beyond the cases that have just been indicated, if it is necessary to make a transfer to a third party in a country that does not have that level of protection comparable to that of Europe (for example, because it does not have an authority or data protection regulations that protects the rights of the interested parties) and that does not offer the adequate guarantees to achieve that level, the USER will be informed of this risk so that he or she explicitly authorizes said transfers, giving their consent to them.
In the event that the CLUB is forced to carry out an exceptional international transfer of data due to national or European Union law, the CLUB will guarantee compliance with any applicable legal requirements, unless applicable law prohibits it for important reasons of public interest.
7.3. Data processors
Annex 3 “CLUB data processors” offers a list of the processors that the CLUB currently uses to provide the SERVICES, indicating in which cases there is an international transfer of data. In the case of wanting to know the list of data processors used by each licensee, the USER must refer to each licensee in question.
8. CONSERVATION OF DATA
8.1. USER profile data and data not shared with other USERS
In general, the CLUB will only keep personal data as long as the person maintains the status of USER. In the event that a USER deletes his account activated in the APP, the CLUB will automatically delete all his personal data so that the CLUB can no longer process it and it is no longer accessible by other USERS.
The deleted data will remain in the database associated with the APP for a period of 6 months to enable its recovery in the event that the USER so wishes. The data will not be definitively eliminated from the database in those cases in which it is strictly necessary or mandatory to keep them due to a regulation or law that is applicable.
8.2. General activity data and shared with other USERS
In no case will the CLUB have the obligation to eliminate the data of a USER that have been published in the APP as part of the general activity of the USER and SERVICES provided by the CLUB, and in particular in relation to the participation of the USER in different tournaments, and as long as the CLUB has complied in due course with its obligations regarding data protection.
Additionally, the USER declares to know and accept that the information that the USER has shared with other USERS or that other people have copied may continue to be seen after having permanently deleted their account or profile. These facts are not under the responsibility of the CLUB, since it is out of the control of the parties to verify and eliminate content that other member/s use thanks to the information that was shared with them at the time.
9. EXERCISE OF RIGHTS BY USERS
9.1. General considerations
In accordance with the rights conferred by current regulations on the protection of personal data, the USER may exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition:
- By directing his request to the postal address indicated at the beginning of the T&C or through the email firstname.lastname@example.org
- Through the different mechanisms enabled by the CLUB at all times through the APP and/or in the different interactions with the USER (eg. through a link “Unsubscribe from this type of communication”).
The USER may also directly contact the CLUB and/or the competent Control Authority to present the claim that he considers appropriate.
9.2. Considerations about connecting with friends
One of the outstanding features of the APP is its “Friends” module, which allows USERS to connect with each other and become “friends” (hereinafter, “FRIENDS”) on the APP and share information about their activity.
USERS can disable and/or enable their participation in said social module in a simple way through the configuration of their preferences for the account. Likewise, they can also control different aspects related to the privacy of their data through the different configuration options enabled at any time by the CLUB.
Regarding the current operation of said module, and the implications at the level of privacy, the USER declares to know and accept that:
- In the event that the module is enabled, the USER will appear in the search results for those USERS who are looking for other USERS to connect with. In order not to appear in the search results, it will be enough for the USER to disable the “Friends” module.
- For two USERS to be connected and become FRIENDS, both USERS must agree to connect.
- Once connected, the FRIENDS may be promptly informed of the other’s activity, among others, in relation to their next visits, reservations and participation in events, and according to the configuration that each FRIEND has made at any time on the controls of associated privacy.
- In relation to the personal data included in the profile of each USER, FRIENDS can only view at this time (i) the photograph of the USER’s profile, (ii) its full name, (iii) its handicap.
9.3. Exercise of rights beyond the use of the APP
In the event that the USER wishes to exercise their rights with the CLUB and beyond the context of the SERVICES provided by it through the APP, the USER must directly contact the CLUB according to the channels and instructions provided by the latter at all times.
10. OTHER ASPECTS OF INTEREST
10.1. Using device applications
The APP can use functions of the applications available on the device itself, and consequently access the stored data.
In any case, the APP will inform the USER about the use of said applications, and will request its consent, informing previously and clearly and completely, and offering the USER the possibility to express its willingness to accept or reject the use of specific data that the APP requires for its installation and operation.
It is recommended to refrain from installing the APP, if you do not want the APP to use other applications.
For the provision of certain SERVICES, the APP may require and make use of the device’s geolocation functionality. If it is necessary to have data on the user’s location, the APP will duly inform the USER of this.
In any case, the CLUB informs the USER that the APP does not require or make use of any location data that are not strictly linked and are strictly necessary for the different services enabled at any time and for which the USER expressly provides its consent through the mechanisms enabled for this purpose.
In accordance with the provisions of Law 1/1982, of May 5, on the right to honor, personal and family privacy and the image itself, the CLUB informs you that the characteristics of the APP allow the extraction of images published in the APP by the CLUB (for example, in the context of sharing tournament photos) and that can be viewed by other USERS.
In this case, the images that are published, and which can identify the USER, are considered personal data, applying the CLUB all the technical measures necessary to safeguard the privacy of the USER.
The CLUB reserves the right to consider an image “illegal”, the third party who published it being solely responsible for its publication.
10.4. Minimum age and use by children
The APP is not directed at children. In order to use the APP, people who register as USERS must be at least 14 years old.
10.5. Code of conduct
At the CLUB we report the behaviors that we do not consider appropriate and we act accordingly to the following uses, actions, omissions or statements that the USER makes by virtue of the relationship that binds them to the CLUB and the rest of USERS:
- Acting dishonestly or unprofessionally.
- Post inappropriate or inaccurate content.
- Harass, abuse, threaten or harm another person or User
- Use or publish on the APP images, videos or any comment on the profile that may hurt the sensitivity of the USERS, as well as that may discriminate for any condition, race, ethnic group, nationality, religion, sex, sexual orientation, disability or disease , or that are illegal, injurious, abusive, obscene, discriminatory or for other causes considered reprehensible.
- Using someone else’s account or creating a false identity on the APP.
- Make false statements or that impersonate the identity of a third party
- Include content that contains computer viruses or others that may eliminate, interrupt or hinder the correct navigation of the APP.
- Sell, sponsor or obtain economic benefit through the APP without the prior and express authorization of the CLUB.
- Share information of people who are not USERS without their express consent. USERS must use the APP correctly and respect this code of conduct at all times.
A cookie is a file that is downloaded to your device when you access certain web pages or use certain apps. Cookies allow a web page or app, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information it contains and the way it is used, they can be used to recognize the user.
According to the provisions of article 22.2 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE), by which users must be informed about the use of data storage and retrieval devices in terminal equipment, the CLUB informs you that when accessing and using the APP cookies will be installed on your equipment. For more details, see Annex 1.
As part of these measures, the USER is informed that in the APP the HTTPS protocol (standard protocol widely used on the Internet) is generally used to establish a secure communication channel between the USER’s device and the APP server and between the APP server and the management system of the CLUB and/or other systems with which the APP server needs to communicate for the provision of the SERVICES.
Providing the SERVICES through a secure communication channel means guaranteeing the confidentiality of the information exchanged between the USER’s device and third parties with whom information is exchanged, since an encrypted connection is established between the parties that practically makes it impossible by unauthorized third parties to access the information sent.
Additionally, for the provision of the most sensitive SERVICES (for example, for the automatic management of the USER’s login in the club’s member portal, and/or for the processing of data related to payment services provided in the APP), the CLUB has implemented additional measures for enhanced security such as the encryption of certain USER data and/or the functions of the APP, or the hiring of the services of specialized data processors (for example, for the provision of payment services and the treatment of credit card data).
The modifications, revisions and substitutions will be effective immediately after their publication in the APP, and may be additionally informed through the website www.clubdegolfaloha.com
The continued use of the APP or the SERVICES after said notification constitutes your agreement to be limited by what is established in this modified, revised or replaced document, as well as your understanding and acceptance.
ANNEX 1.- PERSONAL DATA TREATED
The different categories of personal data processed as part of the SERVICES provided through the APP are listed below:
- Information of the general profile of the user:
Including, among others i) name and surname, ii) gender, iii) date of birth, iv) place of residence, v) playing license, vi) contact information (email and mobile number), vii) general preferences, viii) profile picture, and ix) personal statistics.
Part of this information is initially provided by the CLUB’s management systems when activating the account for the first time, and then edited in some cases by the USER and / or the CLUB.
- User information specific to the activated accoun This information is part of the specific profile of the USER corresponding to the CLUB and, among others, consists of:
- Customer identifier
- Account activation date
- Date of last access to the account
- Preferred language and other interests
- Preferences related to the club
- Connections with other USERS who have also activated the CLUB’s account
- Information on the activity of the USER at the CLUB’s facilities, and in particular in relation to his visits, reservations, participation in events and other consumption.
- Photographs in which the USER appears and published by the club
Some of this information (eg. USER reservations, tournament schedules) is provided promptly by the CLUB and its management systems.
- Basic information on the configuration of the APP by the USER (such as the configuration of automatic alerts generated by the APP or the specific configuration of certain modules).
- USER information on payment methods, movements and The APP enables the possibility of paying through it. In this case, the CLUB may process, among others, the following additional data:
- Data associated with the USER’s credit cards and provided by the USER, such as the holder name, the card number and security These data in particular are processed by the CLUB and PAYNOPAIN FINANCIAL SERVICES, S.L. (see Annex 3 for more details about this payment entity), so the CLUB has no access at any time to the card number and security codes provided through the APP, and which are duly tokenized by the aforementioned payment institution and always in compliance with current legislation on electronic payments.
- Wallet card numbers provided to the USER
- Details of the different transactions carried out by the USER
- Data related to different balances
- Configuration on the possibility of charging a data amount, and the associated credit, as provided to the USER by the CLUB.
- Multiple statistics on the use of the APP by the USER.
Including, among others, i) the occurrence of different key events (eg. a reservation initiated or made, a new registration), ii) statistics on the use of specific functionalities of the app, iii) statistics on the specific content consulted and iv ) statistics on the number of sessions and average time per session.
To capture several of these statistics, the APP currently uses different Google solutions such as Firebase and Google Analytics.
The personal data of the USERS are obtained or collected mainly through the means described below:
- Specific consultations to the CLUB’s management systems
- Account activation forms
- USER profile in the APP and Preferences and Configuration sections
- Databases of official entities linked to the golf sector
- Registration forms for all types of events, and participation in them
- Information shared by the CLUB’s management systems (eg. in relation to information on reservations).
- Schedules and classifications sent by the CLUB’s management systems and/or published in the APP by the CLUB
- Own navigation through the APP and use of it
- Satisfaction surveys and other offline initiatives related to the activity of the CLUB in which the USER can participate.
ANNEX 3.- CLUB DATA PROCESSORS
The CLUB uses different data processors to provide part of the SERVICES. Details on each of them are provided below:
- Development and general maintenance of the APP. The CLUB uses the services of the Spanish company THE MULLIGAN FACTORY, S.L. with CIF B- 66767245 and registered office in Sant Cugat del Vallès, Barcelona.
- The Spanish company PORTAL GOLF GESTIÓN, S.A., domiciled in Madrid, c/ Serrano 20, 2ª, and provided with CIF nº A-82662826D, and with whose management software the APP is integrated.
- Provision of infrastructure services. For the operation of the APP, the infrastructure services of the company AMAZON WEB SERVICES EMEA SARL are used, with CIF B-18628438 and registered office in Luxembourg. Currently, the servers used by the APP are located in France.
- Sending the SMS with the activation key. For this, the APP has been integrated with the solution of the Spanish company ASETEC GROUP INGENIERÍA DE SISTEMAS, L. with CIF B-82149139 and registered office at c / Río Ulla 14, 28017 Madrid.
- Generation and use of online forms. For this, the APP uses the tool and services of JOTFORM INC, a US-based company that guarantees that all data transferred to its servers will be treated with a level of protection in accordance with European regulations. According to this company, the data processed on behalf of the CLUB are currently hosted on servers in Europe.
- Email For this, the CLUB uses the MailChimp tool and services.MailChimp is a solution of THE ROCKET SCIENCE GROUP, LLC, a US-based company that guarantees that all data transferred to its servers will be treated with a level of protection in accordance with European regulations.
- Payment services. For this, the APP uses the services and solutions of the payment entity PAYNOPAIN FINANCIAL SERVICES, SL, a Spanish company with CIF B-88513593 and registered office at Paseo de la Castellana 77, 28046 Madrid and registered in the Madrid Mercantile Registry in Volume 39824, Folio 88, Page M- The payment institution is supervised and registered in the special registry of the Bank of Spain with code 6899.
- Obtaining data on the use of the APP. Anonymized and not anonymized. Specifically, the APP uses different Google services (Firebase and Google Analytics) that store, through cookies, information that allows the compilation of all kinds of statistics on the traffic and use of websites or applications.
The storage devices of said Google services can be hosted on servers located outside of Spain. Google undertakes not to share the information captured with third parties, except in cases where it is necessary for the operation of the system or when the law requires it to do so. According to Google, the company does not save your IP address. Google Inc. guarantees that all transferred data will be treated with a level of protection in accordance with European regulations.