Privacy policy

By accepting this Policy, the user confirms that they have read and understood how their personal data are processed. Users may channel any queries in this regard via the FACEPHI DPO.

The following definitions are established to assist in understanding this document:

DATA CONTROLLER: FACEPHI BIOMETRÍA SA (Facephi), of Tax Identification Code A-54659313 and LEI number: 959800H5NSTQNR25786, with registered office at Avenida Perfecto Palacio de la Fuente 6, 03003, Alicante – Spain, registered in the Companies Register of Alicante in Volume 3634, Page 63, Sheet A-131726.

AEPD: The Spanish Data Protection Agency (‘Agencia Española de Protección de Datos’) is the data protection authority in Spain. For further information in this regard, please consult their website www.aepd.es

GDPR: 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, and repealing Directive 95/46/EC (the General Data Protection Regulation).

FACEPHI DPO: The Data Protection Officer, responsible for overseeing compliance with data protection regulations on the FACEPHI Portals. The contact address is [email protected]

FACEPHI Portals: Channels, operating free of charge or for payment, providing access to the range of information, content, commercial communications and elements of interest to Users.

User: An individual registering or using their access credentials on any of the FACEPHI Portals. Likewise, any individual (whether as a member of the organisation or external to it) accessing (by invitation or as the organiser of a meeting) and using the Teams tool linked to FACEPHI for professional, commercial or equivalent purposes.

FACEPHI is subject to compliance with Spanish and European regulations governing data protection and information society portals. (Regulation (UE) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (hereinafter, the “GDPR”), Spanish Personal Data Protection and Guarantee of Digital Rights Act 3/2018, of 5 December 2018, and Spanish Information Society Portals and Electronic Commerce Act 34/2002, of 11 July 2002.

In accordance with the purposes mentioned below, FACEPHI processes the following categories of data:

• Identification data: full name, postal address, email address, postcode, telephone number.
• Academic and professional data: training/qualifications, student record, professional experience, membership of professional institutions or associations, in the case of selection processes.
• Commercial information data:
• Data may also indirectly be collected from external sources through browsing on our website, with the setting of various cookies on your device, provided that they have been accepted in advance.

The personal data requested are necessary, and a refusal to provide them will therefore make it impossible to provide the intended services.

The user guarantees that the data provided are true, precise, complete and updated, and is responsible for any direct or indirect damage or loss that might arise from a breach of said obligation. Users providing the data of third parties declare that they have received their consent, and undertake to inform them of the contents of this clause, releasing Facephi from any corresponding liability. Facephi may nonetheless conduct verifications to confirm this circumstance, adopting the relevant due diligence measures in accordance with data protection regulations.

Use of the FACEPHI Portals is monitored by devices housed in the User’s browser, which can subsequently be read for various statistical, analytical and advertising purposes. For further information in this regard, users may consult: Link to the cookies policy.

Consent is the expression of free, specific, informed and unequivocal will by which a person accepts, through a clear affirmative action, the processing of their personal data.

Facephi will not carry out the processing of personal data unless the User consents or expressly requests it.

The data provided by Users on the FACEPHI Portals may be used for various purposes in accordance with the legitimate basis for processing and which are detailed below:

• Press and Newsletter
  Personal data will be processed solely and exclusively for the purpose of keeping you informed about our products and portals, as well as any information considered to be of a commercial nature. Furthermore, for this purpose, a “commercial profile” will be created based on the information provided. No automated decisions will be made based on this profile.
• Careers Portal
  The personal data provided in CVs will be processed exclusively for the purpose of being included in the database of individuals interested in being considered as job applicants at Facephi Biometría SA, on the basis of their legitimate interest.
• Investor Portal
  The personal data provided will be processed solely to manage and respond to requests for information, questions, inquiries, suggestions, or complaints related to the activity of the data controller as a listed company.
• Partners/Clients Portal
  The personal data provided will be processed solely and exclusively for the purpose of identifying you and managing the registration process as a new Partner/Client. To carry out commercial actions and send communications tailored to your profile and activity for commercial purposes, informing you about products and portals that enable us to offer you products and portals by any means, including electronic communications. To provide support portals, where necessary.
• FACEPHI Teams Tool
  Audiovisual recording of sessions organized through the Teams tool, in order to offer the possibility of later viewing, ensure accessibility to the content for attendees who, for technical, technological, personal, health, or other reasons, were unable to connect, and/or to constitute study or working material.
• Minors
  Children under 14 years of age must not register on the FACEPHI Portals. If FACEPHI detects users who may be under 14 years of age, it reserves the right to cancel their accounts.

The processing of your data may be based on the following legal grounds:

• Explicit Consent
  Article 6.1.a) of the GDPR: The data subject has given consent to the processing by completing the forms for the purpose of sending commercial communications and information tailored to the user’s profile.
• Application of Contractual and Pre-contractual Measures
  The appropriate contractual and pre-contractual measures will be applied for the performance of sales and license supply agreements and/or the provision of professional portals agreed between Facephi and its clients, such as, for example, the private client area of the Facephi DEMO. In accordance with Articles 6.1.a) (the data subject has given consent to the processing) and 6.1.b) (processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract) of the GDPR.
• Facephi’s Legitimate Interest
  Article 6.1.f) GDPR: “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject…”.
  • Optimization of business resources and business improvement, as well as internal policies and reporting, including profiling based on browsing activity on the website by a client or user registered on the platform, as well as by all users who have provided us with their data for any other purpose.
  • Profiling for the purpose of sending information about promotions of our products and services in which the user has previously shown interest, as well as the latest updates and personalized information tailored to the user’s profile.
  • Facephi’s legitimate interest consists of ensuring that our website remains secure and helping us understand users’ needs, expectations, and level of satisfaction, thereby improving our portals and products. All actions are carried out with the aim of enhancing user satisfaction and ensuring a unique browsing and potential contracting experience.
• Compliance with Legal Obligations
  For fraud prevention, cooperation with Public Authorities, and/or potential claims from third parties. Article 6.1.c) GDPR: “processing is necessary for compliance with a legal obligation to which the controller is subject.”

These purposes will be developed from the point at which the User registers on the FACEPHI Portals and until they process cancellation of their User status or exercise their right of erasure, or revoke the consent granted under the terms specified in this Policy.

The User’s personal data will be processed for as long as they maintain user status on the FACEPHI Portals, in other words until they cancel their account, revoke any consent that has been given, or exercise their rights of erasure or objection.

In the case of those who cancel their account to exercise their right of erasure, objection or revocation of the consent given, their data will be blocked and stored in restricted status for a period of 5 years in order to address any possible liabilities derived from processing vis-à-vis the competent authorities.

FACEPHI will not transfer the User’s personal data to any third party without the existence of a legal basis legitimating such transfers.

FACEPHI will, for all cases described below, apply the strictest data anonymisation and pseudonymisation measures.

Your data may be transferred only in the following cases, where there is a legal obligation to do so:

• To Judges and Courts, in fulfilment of legal obligations or demands, or within the context of court proceedings;
• To the Tax Office, to fulfil taxation obligations;
• To Financial Auditors, to fulfil financial obligations,
• and to any third parties to whom the data must be transferred, in accordance with the regulations in force as applicable to each case, such as the responsible public authority bodies for control, registration and inspection purposes.

Nonetheless, should it prove necessary at any time in the commercial relationship to communicate your data to any third party not covered by the above circumstances, such communication will not take place without your explicit consent, and in the legally established manner.

As a consequence of any Facephi services that you may contract, certain suppliers could have access to your data (such as data processors), which is in all cases performed with appropriate guarantees and in accordance with the regulations established by the GDPR, on the basis of data processing contracts signed with them.

The User’s personal data will be hosted on servers within the European Union.

INTERNATIONAL DATA TRANSFERS.

We will not as a general rule transfer or communicate your personal data to third parties nor conduct data processing operations in territories located outside the European Economic Area. If such transfers do take place, FACEPHI has adopted the necessary means to protect your personal information upon transfer from the European Economic Area to third countries. We may trust in the adequacy decisions of the European Commission concerning certain countries, as applicable. We furthermore rely on standard contractual clauses (SCC) approved by the European Commission in our contracts with third parties that receive information from both within and outside the European Economic Area, or that transfer it on the basis of the permitted legal exceptions.

Users may modify their privacy preferences, revoke any consent they may have given, object to processing, request portability and cancel their account on the FACEPHI Portals from the user area, by identifying themselves on any of the FACEPHI Portals.

Users may likewise revoke any consent they may have given and exercise rights of access, rectification, erasure, objection, portability and restriction by contacting FACEPHI by email at the address [email protected]

It is important for Users to make the request from the email address that they used upon registering, to provide accreditation of their identity with a scanned copy of their ID document or equivalent document, and clearly to specify the right they wish to exercise.

The recommendation is for users to provide all information as to the FACEPHI Portals that they use or have used, in addition to the personal data that they provided upon registration in order to be able properly to address their request.

Users are also entitled to file a complaint or grievance with the AEPD. Further information in this regard is available at www.aepd.es

The use of FACEPHI Portals entails acceptance of the Privacy Policy and of these conditions, and also any specific conditions that might apply, which will at all times be available together with the chosen Portals, and will form part of the Agreement with FACEPHI when using the FACEPHI Portals.

Intellectual and Industrial Property

FACEPHI is the owner of all intellectual and industrial property rights over the contents of the FACEPHI Portals that are protected by intellectual or industrial property rights.

If the User provides content through the FACEPHI Portals, the User must guarantee that they hold all necessary rights for such content to be displayed through the FACEPHI Portals.

Use of the FACEPHI Portals does not imply any transfer of intellectual property rights to the User, unless expressly stated otherwise.

The User undertakes to respect the intellectual and industrial property rights of FACEPHI or any third party. Furthermore, the contents are the intellectual property of FACEPHI or third parties, and none of the exploitation rights or any other existing or future rights over such Contents shall be deemed transferred to the User or Client.

FACEPHI’s Liability

FACEPHI shall not be liable for damages of any kind that may arise from errors or omissions in the contents, lack of availability of the FACEPHI Portals, or the transmission of viruses or malicious or harmful programs in the contents, provided that the foregoing is not due to bad faith conduct and that all necessary measures to prevent such occurrences have been adopted.

FACEPHI reserves the right to make, without prior notice, any modifications it deems appropriate to the FACEPHI Portals, and may change, remove, or add both the contents and the Portals provided through them, as well as the manner in which they are presented or located.

FACEPHI reserves the right to deny or withdraw access to any of the FACEPHI Portals without prior notice, at its own initiative or at the request of a third party, to those Users who fail to comply with these General Conditions of Use.

User Liability

The User undertakes to make proper and good-faith use of the contents and Portals offered by FACEPHI through its Portals and, by way of example but not limitation, not to use them to engage in unlawful, illegal, or bad-faith activities or activities contrary to public order; disseminate racist, xenophobic, illegal pornographic content, or content advocating terrorism or violating human rights; cause damage to the physical or logical systems of FACEPHI, its suppliers, or third parties; introduce or spread computer viruses or any other physical or logical systems capable of causing the aforementioned damage; attempt to access and, where appropriate, use other Users’ email accounts and modify or manipulate their messages.

Users of some of the FACEPHI Portals may be authorized to generate content in certain areas of those Portals. Such content must, in all cases, comply with intellectual property regulations, as well as the rights to honor, privacy, and one’s own image.

FACEPHI reserves the right to remove any comments or contributions that violate the standards of respect set out in this policy, or that infringe upon the dignity of the person, are discriminatory, xenophobic, racist, pornographic, threaten youth or children, public order or public safety, or that, in Facephi’s judgment, are not appropriate for publication.

The User must refrain from deleting, altering, circumventing, or manipulating any protection device or security system installed on any of the FACEPHI Portals.

Likewise, the User shall refrain from using the contents of the FACEPHI Portals to include them on other portals or websites.

If improper use of its Portals by a User is detected, FACEPHI reserves the right to exclude such User from them.

If FACEPHI considers that the provisions and conditions that the User undertakes to comply with by accepting this Policy have not been respected, the User account may be cancelled. Such cancellation shall be carried out at FACEPHI’s discretion and without prior notice.

The relationship between FACEPHI and the User shall be governed by the Spanish regulations in force, and any dispute will be brought before the Courts that enjoy legal jurisdiction. If the User is not a natural person, the Courts enjoying jurisdiction will be those of the City of Alicante.

FACEPHI will pursue any breach of these conditions and any improper usage this website by bringing any civil and criminal action to which it might be entitled in Law.

FACEPHI may at any time amend the conditions here established, to be duly published as they here appear.

These conditions will be in effect during the time they are displayed and will be valid until they are amended by other duly published conditions.