📃 Privacy Policy and Personal Data Protection

PRIVACY POLICY AND PERSONAL DATA PROTECTION 

**Privacy Policy and Personal Data Protection**

This document was last updated on June 20, 2023.

At Here Sharing, S.L. (“Here Sharing”), we take privacy seriously and make every effort to provide information to all users of the Here Sharing website and/or its “Here Sharing” application (collectively, the “Platform”) about how we use and process personal data.

Here Sharing collects, stores, and processes all data in accordance with (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; (ii) Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights; and (iii) Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.

This Privacy Policy and Personal Data Protection applies to both users who offer their services through the Platform (the “User Owners”) and users who contract such services (the “User Clients”).

Below, you will find information on how we collect data and process personal information through the Platform. If you are a User Owner, by accepting the privacy policy, you will be accepting that we act as data processors in relation to the Final Service that you provide through the Platform, and the provisions of the last section of this Privacy Policy, entitled “Data Processing Agreement between User Owner and Here Sharing,” will apply.

**Who is responsible for data processing?**

Here Sharing, S.L. is responsible for data processing related to access, use, and operation of the Platform, as described in this document and in the Terms and Conditions:

Company: Here Sharing, S.L.
Registered Address: Calle Serrano 207, 28016 Madrid
Tax ID: B10989291
Email: protecciondedatos@app

When a User Client contracts a Final Service from a User Owner, the User Owner will process the personal data of the User Client. In these cases, the respective User Owner will be the data controller and will process the data to provide the contracted Final Service to the User Client, with Here Sharing, S.L. acting as the data processor (solely as a provider of the technological platform through which the User Owner provides the Final Service). The identification data of each User Owner will be those provided in their User Owner profile.

**What personal data do we process and for what purposes?**

**Platform Access**
When you access the Platform, we may store and use certain data, even if you do not register on the Platform as a User. This is described in the Cookie Policy.

**User Registration**
To use the Platform and, specifically, to provide and contract services through it, use the electronic payment system, or leave reviews and communicate with other Users, you need a User account on the Platform. To do this, whether you are a User Owner or a User Client, you must register as a User on our Platform. For this purpose, we will request the following information:

– Full name
– Mailing address
– Email address
– Password
– Location

Authentication through social networks
The form will only be submitted if you have previously accepted the privacy policy.

After completing the registration, all Platform Users can access their profile and complete or edit it as they see fit. Users commit to entering real and truthful data and are solely responsible for any damages that Here Sharing and/or third parties may suffer as a result of the lack of truthfulness, accuracy, validity, and authenticity of the provided data.

For User registration, Here Sharing may obtain information or personal data from third parties if the User authorizes those third parties to share such information with Here Sharing. For example, a User may create an account on the Platform through their social networks, such as Facebook. In this case, the data owner’s data on that social network may be shared with Here Sharing if it is in the owner’s profile (name, gender, age, etc.), with the express consent of the User.

**Payment**
To issue the draft invoice for services contracted by User Clients through the Platform and subsequently issue the invoice, Here Sharing will store some data of the Users previously provided by them, such as their ID number (or equivalent) or postal address. For more information, please refer to the “Price and Payment Method” and “Billing and Taxation of the Final Service” sections of the Terms and Conditions.

However, Here Sharing does not

**Communication, Comments, and Reviews**
When you use the Platform, we also collect data related to:

– Reviews about other Users
– Reviews about services provided through the Platform
– Communications with other Platform Users
– Calls made through the Platform
– Recording of calls, creation of transcripts of the calls, and use of the transcripts

Here Sharing may record calls through which the User Owner provides a Final Service to the User Client. Transcripts will be created from these recordings and may be used for the following purposes:

– In case there is any claim related to the Final Service.
– If the User Owner has hired a provider to answer the call and provide the Final Service, so that the User Owner can evaluate the quality of the provider’s service.
– Additionally, Here Sharing may anonymize the transcripts to subsequently conduct statistical analysis, improve the Platform, conduct academic studies, or develop new products.

**Location Data**
The Platform will request your authorization to use your location data and offer you services or Users near your location. If you give us your consent, Here Sharing will use your mobile device or web browser data to determine your location and will only store this data for the time necessary to provide this service.

If you do not give us permission to collect your location data, Here Sharing will not suggest services or Users near your location.

If at any time you wish to revoke your permission, you can prevent the collection of your location data in the future by adjusting the settings of your mobile device or web browser.

**Commercial Communications**
If you give us your express consent, we will send you commercial communications about other products and services. You can withdraw your consent at any time.

If you have not given us your express consent, in accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we may send you commercial communications regarding our products or services.

**Service Improvement**
After anonymizing personal data of Users, Here Sharing will process anonymized data for statistical purposes with the aim of improving access to the Platform and enhancing the user experience.

**Legal Bases**

All personal data collected through the Platform may be processed based on the following legal bases:

– Contract Execution: Data processed as explained in the “User Registration” and “Payment” sections.
– Consent: Data processed as explained in the “Platform Access,” “Location Data,” and “Commercial Communications” sections.
– Legitimate Interest: Data processed as explained in the “Communication, Comments, and Reviews,” “Recording of Calls and Use of Transcripts,” and “Service Improvement” sections. Here Sharing’s legitimate interest in carrying out these processes is to improve its service, ensure the security of the services provided by User Owners, and enhance the overall user experience.

In essence, the purposes for which your data will be processed are:

– Using the Platform: Here Sharing uses the data collected from Users so they can offer and contract services through its Platform, as described in the Terms and Conditions (see here).
– Electronic processing of payments for contracted services.
– Ver

ifying your identity and data.
– Facilitating communication with other Platform Users.
– Sending you necessary messages for the provision of our services.
– Providing you with a summary of your transactions through the Platform.
– Additionally, we use data provided by Users to investigate and analyze how to improve the services provided through the Platform, as well as to develop and enhance service features.

**Ensuring Security and a Suitable Environment for the Safe Provision of Services**

Here Sharing may use User data to protect the following legitimate interests of Here Sharing and third parties:

– Resolving disputes between Platform Users.
– Applying Here Sharing’s Terms and Conditions and exercising and defending our rights.
– Analyzing and evaluating the Platform for the continuous improvement of the services provided by Here Sharing through it.
– Preventing, detecting, and prosecuting illegal activities carried out through the Platform.
– Detecting, preventing, and blocking calls related to prohibited services in accordance with our Terms and Conditions, resulting in the suspension, blocking, or cancellation of the User’s Platform account.
– Ensuring the security of the Platform, protecting the data that Users share with Here Sharing, and detecting cyberattacks and other threats to the integrity of the Platform.
– Protecting the User against possible breaches during the provision of the service through the Platform.
– Complying with applicable tax obligations.

**How Long Will We Retain Your Personal Data?**

The period during which we will retain your personal data depends on the purpose for which it was obtained. If your personal data is used for various purposes with different retention periods, we will apply the longest of those periods.

– Personal data processed based on your consent will be retained until you withdraw your consent, request its deletion, or object to the processing in question.
– Personal data processed based on the execution of the Platform’s Terms and Conditions will be retained for the entire contractual relationship in question.
– Personal data processed based on Here Sharing’s legitimate interest will be retained for the period necessary for Here Sharing to fulfill or achieve that legitimate interest.

In accordance with Article 32 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, once these periods have ended or your deletion request has been processed, we will only retain your personal data properly blocked for the time required by law. This means that it will not be processed for any purpose other than making it available to a court or other competent authority to meet any liability arising from the processing, and only during this period. Once that period has ended, the data will be destroyed.

**With Whom Can We Share Your Personal Data?**

In general, data collected by Here Sharing will be shared among Platform Users who have contracted a service so that it can be provided as described in the Terms and Conditions.

Additionally, like any other company, Here Sharing uses service providers. Occasionally, these providers will have access to and process your personal data. In such cases, Here Sharing will enter into a data processing agreement with these providers.

When the service is provided by third-party providers hired by the User Owner, Here Sharing will share the call transcript with the User Owner so that they can verify the quality and content of the service provided.

Furthermore, for purely statistical or academic purposes, Here Sharing will use and share the transcripts resulting from the provision of services. When sharing them, the data will be anonymized to the greatest extent possible so that these transcripts do not contain personal data or other information that could directly identify the Platform User.

In the processing of personal data of User Clients and User Owners, Here Sharing uses providers that may involve international transfers of data outside the European Economic Area. When contracting with these providers, Here Sharing has signed the corresponding Standard Contractual Clauses or a similar document.

**Your Rights**

You can request access, rectification, deletion, or limitation of the personal data we store about you at any time. Such a request should be addressed to Here Sharing through a written request sent to our business address or by email to protecciondedatos@handup.app, along with proof of your identity (e.g., a copy of your ID or passport). In certain circumstances, you can also object to processing and exercise your right to data portability using the addresses provided in this paragraph.

You also have the right to file a complaint with the Spanish Data Protection Agency, located at Calle Jorge Juan, 6, 28001, Madrid, Spain. Here Sharing has its own privacy representative who can be contacted by emailing protecciondedatos@handup.app.

**Data Processing Agreement between User Owner and Here Sharing**

The provision of the Final Service by a User Owner through the Platform may involve Here Sharing accessing personal data. In these cases, the User Owner, as the data controller, authorizes Here Sharing to process the data necessary for users to offer and contract services through the Platform. In these cases, Here Sharing will act as a data processor.

The personal data that Here Sharing processes under this data processing agreement generally correspond to the type of personal data described in the “What Personal Data Do We Process and For What Purposes?” section of this Privacy Policy and will be retained by Here Sharing for the period described in the “How Long Will We Retain Your Personal Data?” section of this document.

As a data processor, Here Sharing undertakes to:

– Use the personal data subject to processing only for the purpose of this data processing agreement and in accordance with the instructions of the data controller.
– Maintain confidentiality regarding personal data accessed under this agreement.
– Ensure that individuals authorized to process personal data commit to respecting confidentiality or are subject to a confidentiality obligation.
– Implement the necessary security measures, based on the nature, scope, context, and purposes of processing, to guarantee the ongoing confidentiality, integrity, availability, and resilience of processing systems and services and to regularly verify, assess, and evaluate the effectiveness of the technical and organizational measures implemented to ensure processing security.
– If Here Sharing becomes aware of any personal data security breach that poses a risk to the rights and freedoms of natural persons, notify the data controller without undue delay and, in any case, no later than 72 hours after becoming aware of the breach.
– Generally not subcontract any services that are part of the subject matter of this contract and involve the processing of personal data, except for auxiliary services necessary for the normal operation of the processor’s services. If subcontracting is necessary, Here Sharing will notify the data controller. The subcontractor, who will also be a data processor, is likewise obliged to comply with the obligations established in this document for the data processor and the instructions given by the controller.
– In case of receiving a request to exercise rights of access, rectification, deletion, objection, or other rights provided for in the regulations by any Platform user, communicate it immediately to the data controller, along with relevant information to resolve the request.
– Keep a record of processing activities carried out on behalf of the data controller, containing the requirements of current data protection legislation.
– Not disclose data to third parties without the express authorization of the data controller, in legally admissible cases.
– Once this contract is terminated, the data processor, following the instructions of the data controller, will delete or return all personal data in its possession, regardless of the medium. The processor may retain them, properly blocked, as long as liabilities may arise from the provision or retention of personal data are required under European or national applicable law.
– Provide the controller with all necessary information to demonstrate compliance with its obligations and to enable and contribute to audits, reviews, and inspections carried out.

On the other hand, the User Owner, as

the data controller, undertakes to:

– Provide the data processor with all the necessary data to carry out the purpose of this data processing agreement.
– Ensure, throughout the time during which personal data processing takes place, as well as before and after such processing, compliance with the current data protection regulations by the data processor.

**Changes to this Privacy and Data Protection Policy**

We will keep our privacy statement updated as our services change. At the top of the page, you will find a reference to the date of the last update of the content. In the event of significant changes affecting already registered customers, they will be notified by email.