Legal Notice and Privacy Policy
LEGAL NOTICE
In compliance with Law 34/2002 of July 11, on Company Services for Information and Electronic Commerce, we inform you that KIVIKA TECH S.L., with registered address at C/ Vicente Blasco Ibañez, 31 5B, 28050 Madrid - Spain, Tax ID B81542441, Volume 11,505, Book 0, Folio 14, Section 8, Sheet M-180644, Entry 1, is the owner of the websites idqr.es and idqr.app.
DATA CONTROLLER
The personal data that we may collect directly from the data subject will be treated confidentially and will be incorporated into the corresponding processing activity owned by KIVIKA TECH S.L.
PURPOSE OF PERSONAL DATA PROCESSING
In accordance with Organic Law 3/2018 and its amendment by Law 11/2023 of May 8, on the Protection of Personal Data and Guarantee of Digital Rights, and EU Regulation 2016/679, if you create a digital card on our platform, send us an email to the address indicated therein, or fill out any data collection form, we inform you that the personal data you provide will be processed and incorporated into processing activities for which KIVIKA TECH S.L. is responsible, for the purpose of:
- Creating your user account to access the platform;
- Creating your digital cards;
- Managing your inquiry;
- Offering you our digital card products and services, contact management and platform usage analytics;
- Notifying you through any means regarding circumstances arising from the contractual relationship, such as: plan expiration, renewal notice, payment error, and issued invoice;
- Maintaining a commercial relationship;
- As well as for sending advertising or promotional information about the products or services of KIVIKA TECH S.L., which may be conducted by any means, including email or other equivalent electronic communication means, after obtaining your prior consent.
Details of the of data processing purposes:
Registration Form
- Purpose:
To provide access to the IDQR digital card platform by creating a user account for personal, professional, or organizational card creation. This user may add data of other individuals belonging to the organization, if acting as its administrator. - Legal Basis:
The user's consent when registering on our platform through our card creation form and checking the box “I accept terms, conditions and privacy policy“. - Retention:
Until the registered user requests deletion and subsequently for the legally established periods.
Contact Form
- Purpose:
To provide you with the means to contact us and request information about our services. - Legal Basis:
The user's consent when requesting information through our form. - Retention:
Once your request has been answered, unless it is subject to another processing.
Service Contract Forms
- Purpose:
To provide access to the IDQR digital card platform by creating a user account for personal, professional, or organizational card creation. This user may add data of other individuals belonging to the organization, if acting as its administrator. To select and pay for the plan chosen by the user. - Legal Basis:
The user's consent when subscribing through our platform. - Retention:
Until the registered user requests to be removed and subsequently during the legally established periods.
Sending Emails
- Purpose:
Responding to your requests for information, attending to your requests and answering your queries or questions, notifying you of the creation of the contact, plan expiration, invoice availability, as well as any incidents that may occur on the platform, sending bulletins or newsletters with information on promotions, offers, or information that may affect the commercial relationship with the user. - Legal Basis:
The user's consent when requesting information through the email address and when registering on our platform through our registration form, checking the box ”I accept terms, conditions and privacy policy”. - Retention:
Until the registered user requests deletion and subsequently for the legally established periods.
KIVIKA TECH S.L. declares having adopted all necessary and appropriate security measures as established by EU Regulation 2016/679 and Organic Law 3/2018, and has implemented all technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access, or theft of the data you provide.
PRINCIPLES APPLIED TO THE DATA YOU PROVIDE
- Principle of lawfulness, fairness, and transparency:
We will always require your consent for processing your personal data for one or several specific purposes, which we will inform you about with full transparency beforehand. - Purpose limitation:
Data collected for specific, explicit, and legitimate purposes will not be further processed in a manner incompatible with those purposes. - Data minimization principle:
We will only request data that is strictly necessary in relation to the purposes for which we need it. As little data as possible. - Accuracy principle:
Data must be accurate and, if necessary, kept up to date. - Principle of limitation of the retention period:
The data will be kept for no longer than is necessary for the purposes of processing, depending on the purpose. - Integrity and confidentiality principle:
Your data will be treated in such a way as to ensure appropriate security and confidentiality. You should know that we take all necessary precautions to prevent unauthorized access or misuse of our users' data by third parties. - Proactive responsibility:
KIVIKA TECH S.L. will be responsible for complying with the principles outlined above and will adopt the technical and organizational measures necessary to demonstrate compliance.
LEGITIMACY AND LEGAL BASIS FOR PROCESSING
At KIVIKA TECH S.L., the processing of personal data is carried out based on:
- The contractual relationship established for the provision of the requested SERVICES and legitimate interest.
- The fact that you have given us your consent for the processing of your data for one or more specific purposes, always granted through a clear affirmative action. The user or client has given informed consent for the sending of commercial communications, for the installation of tracking systems that report on browsing habits according to the Cookie Policy, or for information submitted through contact forms.
- The legal basis for processing your data on our website is CONSENT and, if you are already our client, the legal basis is THE EXECUTION OF A CONTRACT.
You may request information on the legal basis for each of our processing activities by requesting our record of processing activities.
PERIOD OF RETENTION OF PERSONAL DATA
At KIVIKA TECH S.L., we aim to ensure that the personal data provided is retained only for as long as necessary to fulfil the purpose for which it was collected and to determine any potential responsibilities that may arise from that purpose.
Data retention criteria: data will be kept for the period established by law, while there is a mutual interest in maintaining the purpose of the processing, when it is still necessary for that purpose, while the contractual relationship is maintained, as long as deletion has not been requested by the data subject, and when they must not be deleted due to legal obligation or for the formulation, exercise, or defence of claims. Data will be deleted using appropriate security measures to ensure their pseudonymization or total destruction.
If the User withdraws consent or exercises the right to cancellation or deletion, their personal data will be kept blocked at the disposal of the Justice Administration during the legally established periods to address possible liabilities arising from their processing. Afterwards, they will be deleted using appropriate security measures to ensure pseudonymization or total destruction.
DISCLOSURES AND RECIPIENTS OF PERSONAL DATA
All disclosures indicated below are necessary to fulfil the previously stated purposes or are carried out in compliance with a legal obligation.
Personal data may be disclosed to:
- Companies of the ARAMIX PROJECT S.L. Group to which KIVIKA TECH S.L. belongs;
- Public Administrations and the Justice Administration;
- IT service providers, including cloud computing services.
Likewise, certain subcontracted entities by KIVIKA TECH S.L. may access Personal Data as Data Processors or Subprocessors as necessary to provide a service. In particular, we receive assistance from service providers. Sometimes we share your information with our third-party service providers, who help us provide our services. These providers sign a contract obliging them to use your personal information exclusively for the provision of services and in accordance with this policy. Examples: server hosting, cloud systems, analytics, advertising servers.
DATA TRANSFERS TO THIRD COUNTRIES
Your data is generally processed by service providers located within the European Union or in countries declared to have an adequate level of data protection. However, in some cases, to fulfil the purposes described above, certain companies providing services to KIVIKA TECH S.L. may access your personal data (international data transfers).
Such transfers are carried out to countries with protection levels equivalent to those of the European Union (adequacy decisions, standard contractual clauses, and certification mechanisms). We will always ensure that whoever handles your data to help us provide our services does so with all necessary data protection guarantees.
DATA SUBJECT RIGHTS
Users/clients may exercise before KIVIKA TECH S.L. the rights of access, rectification, deletion, portability of their data, restriction, and objection to processing, as well as the right not to be subject to decisions based solely on automated processing. They may also revoke their consent if they have granted it for a specific purpose, and may modify their preferences at any time.
These rights can be exercised via email at info@idqr.app or at the following address: Vicente Blasco Ibañez, 31 5B, 28050 MADRID - SPAIN. Users are informed that they may file a complaint related to personal data protection with the Spanish Data Protection Agency www.agpd.es, the supervisory authority of Spain.
DATA OF MINORS
Our company will not collect or process personal data from minors under the age of 14 without fully complying with the requirements established in the applicable data protection regulations and EU Regulation 679/2016.
Processing a child's personal data is lawful when the child is at least 14 years old. If the child is under 14, processing is only lawful if consent is given or authorized by the holder of parental responsibility or guardianship over the child, and only to the extent that consent was given or authorized.
PERSONAL DATA OF THIRD PARTIES
If the personal data provided belongs to a third party, the User guarantees that they have informed said third party of this Privacy Policy and have obtained their authorization to provide their data to KIVIKA TECH S.L. for the purposes indicated. The User also guarantees that the provided data is accurate and up to date, being responsible for any damage or prejudice, direct or indirect, that may arise from non-compliance with this obligation.
CURRICULUM VITAE PROCESSING
As established by EU Regulation 2016/679 and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, candidates providing us with their data must give clear consent for the collection of their personal data and the uses we will give them. For this reason, we provide clear and concise information, informing candidates that they may request a copy of their data, which will be provided in a structured format.
Regarding data retention, we will only store up-to-date data, so CVs that have not been updated for more than 24 months will be deleted or blocked to prevent access.
Our company maintains a strict privacy policy regarding the data of individuals who have established a relationship with us by sending us their CV. The purpose of processing your data is to process your job application and manage the possible selection process, which may include participation in various selection tests.
Therefore, we inform you that your data has been included in a processing record and may be transferred to temporary employment agencies or other personnel selection companies so that you may participate in future selection processes. If your data has changed, we ask that you notify us in writing. If you do not express your opposition in writing within 30 days, we will understand that you give your consent for the treatments indicated above.
STATEMENT OF COMMITMENT TO PREVENT AND ERADICATE DIGITAL HARASSMENT
At KIVIKA TECH S.L. we are committed to data protection and gender equality; therefore, we commit to ensuring compliance with the principles of personal data processing established by data protection laws, specifically Article 5 of the General Data Protection Regulation.
We commit to preventing, raising awareness, and acting in cases where we have knowledge of cyber harassment, whether work-related or sexual.
Through this statement of commitment, KIVIKA TECH S.L. acknowledges the risks that the Internet and ICT pose concerning these behaviours and promotes a culture of respect for personal privacy and awareness regarding the use of personal data.
”At KIVIKA TECH S.L. we express our deep rejection of workplace harassment and sexual or gender-based harassment and our commitment to preventing and eradicating such behaviours. KIVIKA TECH S.L. strongly opposes the use of personal data that may constitute unlawful data processing or undermine the right to privacy and personal and family intimacy. We are firmly committed to personal data protection, which is necessary to safeguard the fundamental right to honour and privacy. Consequently, we respect the principles of Article 5 of the General Data Protection Regulation and will minimize personal data processing that may increase the risk of harassment-related conduct. In all cases, we will consider the potential gender impact of the processing activities we carry out”.
CONTENT
All content included on the Website, particularly trademarks, trade names, industrial designs, designs, texts, photographs, graphics, logos, icons, software, or any other signs that may be used commercially or industrially are protected by industrial and intellectual property rights owned by KIVIKA TECH S.L. Therefore, any use or reproduction of these without the express consent of KIVIKA TECH S.L. is prohibited.
However, the content, images, names, designs, logos, photographs, or other materials that users upload to the platform for the creation of their digital cards are the exclusive responsibility of those users. KIVIKA TECH S.L. is not responsible for the legality, accuracy, or ownership of such content. The user declares and guarantees that they have all necessary rights to use and publish such materials and agrees not to upload sensitive, unlawful, or third-party intellectual or industrial property-infringing content to the platform, including registered trademarks, trade names, or images for which they do not have authorization. The user will hold KIVIKA TECH S.L. harmless from any claim arising from the misuse of such content.
Any User wishing to include links to this Website from their own web pages must comply with the following conditions:
- The link may only connect to the home page or to the User's cards and may not reproduce them in any way.
- No frames or any type of border may be established that surrounds the Website or allows it to be viewed through different Internet addresses or together with external content, which may cause confusion about the origin of the service or its content, imply unfair comparison or imitation, take unfair advantage of the reputation or prestige of KIVIKA TECH S.L., or be conducted in any manner prohibited by law.
- No false or inaccurate statements may be made from the linking page about KIVIKA TECH S.L. or the quality of its products and services.
- The linker may not use the brand or any other distinctive sign of KIVIKA TECH S.L. on their web page except as authorized by law or expressly permitted by KIVIKA TECH S.L.
- The page establishing the link must comply with current legislation and must not contain or link to illegal, harmful, immoral, or inappropriate content that may give the false impression that KIVIKA TECH S.L. supports the ideas or actions of the linking party or that is inappropriate given the activity performed by KIVIKA TECH S.L., considering the content and general theme of the page containing the link.
KIVIKA TECH S.L. is not responsible for the infringement of intellectual or industrial property rights belonging to third parties that may arise from the inclusion on the Website of trademarks, trade names, industrial designs, patents, texts, photographs, graphics, logos, icons, or software belonging to third parties who have declared themselves owners when uploading them to the Website.
The User agrees to use the Website content diligently, correctly, and lawfully and undertakes not to:
- Use the content for purposes contrary to the law, morality, good customs, or public order.
- Reproduce, copy, distribute, make publicly accessible through any means of public communication, transform, or modify the content unless authorized by the owner.
- Use the Website's content to send advertising, direct sales communications, or for any other commercial purpose, unsolicited messages addressed to multiple recipients regardless of purpose, and to refrain from commercializing or disclosing such information in any way.