In our Privacy Policies, we describe how Datacellnet Technology S.L., hereinafter referred to as Datacellnet, collects, uses, and discloses information. This context also details how users and customers must act concerning the information collected when they wish to exercise the rights granted to them by law.

Datacellnet is the entity responsible for managing the information collected from its customers and users when, depending on the relationship established with the customer, it acts as the controller and processor of such data.

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To Whom and What Does Our Privacy Policy Apply?

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Our Privacy Policies apply to all Datacellnet products and platforms (Tarantella, Datacellnet, Lemotive, and any future products owned by Datacellnet) that operate online under Datacellnet's service infrastructure, as well as all websites owned by Datacellnet or those for which Datacellnet has usage rights, such as advaluit.com, collectively referred to as "Websites."

These policies also apply to all interactions that customers, users, and individuals generally have with Datacellnet over time, whether through presentations, conferences, training, video conferences, phone calls, recruitment processes, service support, or any other in-person or remote event in which you participate.

If you do not agree with the terms and policies described, please do not access or participate in any of the services, websites, or other activities offered by Datacellnet.

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To Whom and What Does Our Privacy Policy NOT Apply?

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This Privacy Policy does not apply to any software, product, service, or activity provided by third parties that integrate with services supplied by Datacellnet, collectively referred to as "Third-Party Services."

The delivery, access, and use of the services are established through a separate agreement with the entity, "the Customer," that contracts the services of Datacellnet, referred to as the "Customer Agreement," where the processing of any message, file, or content sent through the user accounts contracted by the customer is defined, collectively referred to as "Customer Data."

Therefore, the customer who contracted such services must inform all users utilizing the contracted services about the types of data and their usage. These users may be from the Customer's organization through any legal form of collaboration established or from third-party physical or legal entities with which the Customer has a collaboration agreement, making them users of the services contracted by the Customer from Datacellnet.

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What Information is Collected and Received?

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Generally, there is no legal obligation to provide customer data or any other information when visiting Datacellnet's public domains. However, when services are contracted, certain information is automatically collected. If such information is not provided for the configuration of the contracted services, the provision of those services may not be possible in some cases.

Datacellnet may collect or receive customer data (defined in point 1), as well as other types of data referred to as "additional information" (defined in point 2), in the following ways:

Regarding Customer Data: Customers or users to whom a customer gives authorized access to Datacellnet services may usually submit such data when using the services contracted by the customer.

Regarding Additional Information:

Within the contracted services, authorized users may provide information such as:

• A phone number

• Passwords

• Email accounts

• Domains

• Billing data (card data, bank accounts, direct debit data, etc.)

• In general, all necessary data for the operation of the contracted services.

During the use of the services:

• User metadata that provides context for improving the user experience: Generally, content provided by users and links to third parties when necessary.

• Data recorded on websites and services provided over the internet, such as:

  • IP addresses

  • The web page address visited before using Datacellnet's services

  • Browser type, settings, date, and time when the services were used.

  • Language preferences and data provided by cookies.

• Information from access devices based on their type and configuration:

  • Device type

  • Operating system

  • Application ID

  • Unique device identifiers

  • Crash data

• Location: We may receive information to establish your location through information received from the customer or third parties. We may also infer the location through information provided by the device under the consent settings configured on that device.

• Cookie Information: We use cookies and similar technologies on our websites and services. These may also include cookies and similar technologies from third parties residing on our sites or other websites you visit. Our Cookie Policy provides more details on the use of these technologies and the acceptance options you can exercise.

• Third-Party Services: Occasionally, Datacellnet services may integrate with third-party services or information systems. It will be the customer's responsibility to manage the rights and obligations concerning data or information received from such third parties in the systems and services provided by Datacellnet to the customer and authorized users. In this context, we may receive personal contact lists, personal email addresses, or general file imports. Authorized users must manage their privacy rights within the relationship established with the customer who has contracted Datacellnet's services. When Datacellnet has agreements with third parties and enables connections to those services from Datacellnet services, authorized users must configure what information and data can be shared with Datacellnet.

• Contact Information: If the authorized user's device is set up with consent to share contacts, such data may be collected by Datacellnet services.

• Third-Party Data: Datacellnet may receive data from market sectors, databases of customers, website visitors, promotional and marketing campaigns, and, in general, from activities related to corporations that are partners or affiliates of Datacellnet to improve our services for our customers. This information can be aggregated or specific.

• We also receive information from job applications, participation in discussion forums and blogs, partner certifications, support and assistance services, our social media accounts, or any established means of communication.

 

What Do We Use the Information For?

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Additional information and Customer Data will be used by Datacellnet following the terms agreed upon in the Customer Contract or any subsequent instruction the Customer determines, all within and in accordance with the applicable legal framework.

If the information is modified so that it can no longer be associated with a natural person and, therefore, cannot be identified, it may be used by Datacellnet for commercial purposes. Otherwise, if the information allows the identification of a natural person and such data is subject to the applicable personal data protection law, it will be defined as Personal Data.

Generally, Datacellnet will act as a processor of the data and additional information collected, with the Customer being the data controller.

The Customer may configure and parameterize in the services and products contracted from Datacellnet at any time the profiles of authorized users to deny or extend the data and additional information that will be processed according to their policies.

Regarding the additional information collected by Datacellnet described in point 2 of this document, the use of such information aims to manage our legitimate interests in the activities we carry out.

Among other things:

• To maintain, update, and protect our online services, websites, and internet activities in accordance with the commitments made with our customers regarding:

  • Preventing and managing service errors,

  • Managing security,

  • Analyzing and monitoring the use of services and access to our website,

  • At the request of authorized users.

• To comply with applicable laws, regulations, and legal procedures.

• To communicate with you in response to your requests, comments, and questions.

• To develop, enhance, and provide new tools, products, and features such as:

  • Information search engines,

  • Recommendation algorithms based on the use of third-party services,

  • Virtual assistant training,

  • Knowledge centers to accelerate productivity,

  • Predictive models.

• To personalize the user experience.

• To communicate by sending emails, messages, or any other established and accepted means of use in reference to the contracted services, new services, notifications about changes to the contracted services, administrative and security issues, and, in general, all necessary matters for the provision of the contracted services and the relationship between Datacellnet and the Customer. Being part of the service, the customer and authorized users cannot opt out.

• When it comes to promotional or marketing communications about new products or general news from Datacellnet, users can choose whether or not to continue receiving such communications by contacting us through the following opt-out form.

• To process billing, account management, and other administrative matters that require us to contact you.

 

How Long Do We Keep the Data?

 

Customer data is retained according to the terms agreed upon in the Customer Agreement and always in accordance with their instructions within the framework of applicable law.

Other information owned by the customer may be retained once the service contract has ended for as long as necessary to comply with legal obligations and demonstrate compliance, audits, and resolve possible conflicts within the established agreements.

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With Whom and How Do We Share and Disclose Information?

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Datacellnet is not responsible for how its customers or third parties determine their policies for sharing and disclosing their information.

In particular, Datacellnet will do so under the following circumstances:

• Datacellnet will only share and disclose customer data following their instructions and the agreements specifically established in the Customer Agreement and in accordance with applicable law.

• When an authorized user sends information, it may be displayed to other authorized users using the same Datacellnet applications and services. For example, the email address will be displayed to other authorized users in the user's profile.

• When authorized users use different services that may share information necessary for the interoperability of those services.

• Owners, administrators, authorized users, and, in general, representatives and authorized personnel of the customer can access the services to modify access to additional information, export activity data, or modify user profile information.

• Datacellnet may hire other external companies or individuals to provide services (storage, cloud computing, system maintenance, etc.) or business partners (commercial agreements with companies that have relationships with our customers) who may process information necessary for our operations.

• The customer may establish that authorized users connect to third-party services that may integrate with the services provided by Datacellnet through connections developed by Datacellnet or third parties. Datacellnet has no control over third-party privacy policies and, therefore, is not responsible for the application of such policies.

• Datacellnet may share information with all its partners, subsidiaries, and parent companies.

• If Datacellnet carries out a restructuring of its activity, merger, bankruptcy, dissolution, reorganization, sale of some or all of its assets or shares, financing, public offering of securities, or partial or complete acquisition of Datacellnet, information may be shared partially or completely in accordance with the confidentiality standards carried out in these circumstances with the parties involved in any of the aforementioned situations.

• When it involves aggregated or non-identifying data.

• Whenever we are legally obliged to provide information to government bodies or legitimate organizations that request it.

• When Datacellnet must protect or defend the rights, property, and security of its assets.

• When Datacellnet has consent, it may share information with third parties.

 

Information Security

 

Datacellnet is committed to the confidentiality and security of the information collected. To this end, we will take all reasonable measures to prevent unauthorized access or theft of information.

However, due to the nature of internet communication and computing technology, Datacellnet cannot guarantee that, during transmission or storage on our systems or those of third parties, the information will be completely safe from unauthorized third-party intrusion.

 

Age Limitations

 

Datacellnet services and access to its websites are limited to persons who are not under 16 years of age.

If we are explicitly informed that a person under 16 has provided customer data, we will take the necessary steps to delete that information.

 

Changes to this Privacy Policy

 

Datacellnet reserves the right to modify this Privacy Policy at any time due to changes in legislation, industry best practices, or the evolution of our current and future services and products.

All changes will be updated on this page. When such changes significantly alter fundamental aspects, we will notify all our customers by email or through notices on the services we provide.

 

International Data Transfers

 

Datacellnet does not need to transfer personal data to other countries from our website. When such a transfer is necessary for the services contracted by the customer, the treatment and protection and security policies will be defined in the customer contract depending on the different applicable regulations between jurisdictions with different protection laws.

Specifically, and depending on the different jurisdictional spaces where data transfer occurs, the obligations imposed through the following regulations must be considered:

• EU-U.S. Privacy Shield

• Swiss-U.S. Privacy Shield

• Future UK-U.S. relationship model when the UK leaves the EU.

• European Union Model Clauses

• Asia-Pacific Economic Cooperation Cross-Border Privacy Rules and Privacy Recognition for Processors System.

For more information on the Privacy Shield program, see http://www.privacyshield.gov/welcome.

 

Data Protection Officer

 

Please contact grpd@datacellnet.com for any questions regarding the processing of your data.

 

Identification of the Data Controller and Processor

 

Depending on the jurisdiction, data protection law distinguishes between two roles:

• Data Controller

• Data Processor

When services are contracted from Datacellnet, and in general, the data controller for the customer's data is the customer, and Datacellnet Technology S.L., with its headquarters at Paseo Nadal, 2-4 1º-2ª 08980 Sant Feliu de Llobregat - Barcelona - SPAIN, is the data processor for the customer's data and the controller of the additional information described in point 2.

The responsible and processor of your data is:

Notwithstanding the above, depending on the service contract's modality, these roles will be defined in the customer contract.

 

User Rights

 

Depending on the conditions stipulated in the customer contract, if entered into by the contracting of services and without prejudice to the exceptions provided by law in each jurisdiction, users may exercise the following rights:

• Right to request access to your personal data.

• Right to request its rectification or erasure (right to be forgotten).

• Right to request the restriction of processing and to object to processing.

• Right to data portability.

To do so, send an email to grpd@datacellnet.com stating:

• Company name (if acting on behalf of a company)

• Applicant's First and Last Name

• Attach a copy of the ID

• Rights being requested

 

Data Protection Authority

 

Without prejudice to the provisions of applicable law, we inform you that you can request the protection of your rights from the Spanish Data Protection Agency, located at Calle de Jorge Juan, 6, 28001 Madrid.

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Last revised: January 4, 2024