Last modified: 4 January 2020
1.1. This present document establishes the Privacy Policy of the software called MyCarpoolApp. The software has three implementations: a web application, an application for the Android operating system and an application for the iOS operating system (hereinafter "app"). Michael Obach aims at protecting the online privacy of the users of the app. The user should understand and accept how personal information is collected, used, displayed and stored. The app is owned by Michael Obach, who has the address Calle San Telmo 11, 20750 Zumaia (Spain). Michael Obach is owner of the web domain www.mycarpoolapp.com. The email address for electronic communications with users and third parties is info@mycarpoolapp.com. The usage of the app requires the acceptance of the present Privacy Policy by the user.
This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under the age of 13, please contact us using the contact information provided below.
2.1. Michael Obach requests, collects and stores data that the user enters into the application via electronic form either during the registration process or during the daily use of the app.
2.2. During the user registration, personal information of each user and user group is collected and stored, which is required for providing the service, verify the user's identity and prevent unauthorized use. These data may also be used to reply to comments, requests, queries or questions of the users. The personal data that is requested and stored (in addition to other data that is not considered to be personal):
2.3. During the use of the app by the user, Michael Obach may receive and store information from the user's device in order to generate usage statistics to improve the app and to improve his service, operations and maintenance support. This includes data on the type and version of operating system, the Internet Protocol address ("IP") of the device, domain type, web browser, language, and the brand and model of the device.
2.4. During the use of the app by the user, Michael Obach may access, collect, import or store geolocation data from the device and data of application usage by the user. This information will be handled in an anonymized manner, without being able to identify the user, for internal market research and analysis in order to improve the quality, reliability and performance of the app as well as for commercial purposes.
3.1. Michael Obach herewith informs the users of the app and the website that they comply with current laws and regulations applicable to data protection and, in particular, with the Spanish Ley Orgánica 15/1999, de 13 de Diciembre de Protección de Datos de Carácter Personal, Ley 34/2002 de Servicios de la Sociedad de la Información y el Comercio Electrónico and Real Decreto 1720/2007, de 21 de diciembre de Desarrollo de la LOPD. In accordance with the provisions of that legislation, Michael Obach confirms that he only collects the data needed to provide the services resulting from the app, under the terms contained in the Conditions of Use, services and activities assigned by law, although he reserves the right to use the data contained in its databases for statistical analyses of registered users and how they use the application.
3.2. To this end, through the present, and in any case, through voluntary introduction of any personal data in any electronic form provided on the website or in the app, either during the registration process or by means of the use of the app described in the terms explained in Section 2 above, which are necessary for the processing and management of your service request or information, the user is informed and consents to the inclusion of his or her personal data to be used by Michael Obach, where the database is duly registered in the Spanish Registro General de Protección de Datos de Carácter Personal.
3.3. The User explicitly consents to Michael Obach for the processing of data, following consultation, request or contracting of any service or any transaction carried out in order to access information and services provided by Michael Obach through the application and, if necessary, to maintain the contractual relationship and for sending offers or advertising and promotional communications by any means, including electronic communications.
3.4. The user, by accepting the terms contained in this section, agrees to comply during his or her access to the website or the use of the app that he or she will follow the obligations under this Privacy Policy.
3.5. Michael Obach is committed to treating personal data in accordance with applicable laws and regulations.
3.6. Michael Obach aims at applying generally accepted data security standards to protect information that is provided by the user, both, during transmission and while processing and storing it. Inform the user that it has implemented security measures of a technical and organizational measures to ensure the security of their personal data and avoid its alteration, loss, treatment or unauthorized access, given the state of technology, the nature of the data stored and the risks they are exposed to, whether from human action or the physical or natural environment. Methods that are listed in the mandatory Security Document in accordance with the Spanish Ley Orgánica 15/1999, de 13 de Diciembre de Protección de Datos de Carácter Personal. However, it is evident and the user must acknowledge and accept that no method of transmission or electronic storage is one hundred percent secure. Therefore, Michael Obach can not guarantee absolute data security, but only the utmost diligence regarding the same and even that limit liability.
3.7. On the use of the app by underaged persons: In general, users of the app must be 13 years of age or older. Underaged users of the app require a permission from their parents or legal representatives, who will be responsible for all acts performed through the use of the app by minors. The legal representatives of minors are requested to read this Privacy Policy and assist their constituents in using the application and in facilitating the personal registration data.
3.8. The App may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
3.9. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
3.10. We may request access or permission to certain features from your mobile device, including your mobile device’s and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
3.11. Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
3.12. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
4.1. The user confirms that all information provided by him or her during the registration process are true and correct and commits to inform Michael Obach about any changes.
4.2. In the event that the user provides third-party data during the registration process or application usage, Michael Obach is not responsible for the compliance with the principles of informed consent, which shall be the user that guarantees to have previously informed and obtained the consent of the holder thereof to communicate their data.
4.3. Moreover, the provision of the data is absolutely voluntary for the user, although if certain data is not provided by the user during the registration process in electronic forms or the use of the app, this may result in a denial of to services for which personal data have been requested, while Michael Obach, in any case, should inform the user about mandatory data or data that is necessary for the provision of the service.
5.1. The user agrees that Michael Obach, according to Article 21 of Real Decreto 1720/2007, de 21 de diciembre de Desarrollo de la LOPD, outsources the storage and processing of the content and data uploaded and/or shared through the app and, therefore, of personal data contained therein, producing therefore a transfer of the same to the company ProviMedia GmbH, whose property will be the servers on which the databases are stored, and process the information only for the purpose of hosting and processing and following the explicit request by Michael Obach as the owner of the data.
5.2. The transfer shall be governed and operated, in any case, in a contract between Michael Obach and transferee which is clearly differentiated the purpose for which the transfer of data occurs.
5.3. Michael Obach may disclose personal information to outside suppliers and contractors who require access to such information in order to provide services (including e.g. transaction processing and/or payment, collection and processing of data, data storage, data security, and support services). Michael Obach will only provide user data to external suppliers and contractors in order to facilitate that they are able to provide their services, protecting confidentiality, security and integrity of such data and not to disclose to third parties.
5.4. With the exception of the cases explained in Sections 5.1., 5.2. and 5.3. above, Michael Obach, will not disclose user's personal information to third parties without the explicit consent of the user, and only with the purpose to provide the user service and, if the user has consented thereto, to send commercial communications, product and service information, and / or offers and promotions.
5.5. Moreover, Michael Obach commits not to sell, rent or transfer for other lucrative purposes personal data of users to third parties, except in cases where it is necessary for supplying the service.
5.6 In general, Michael Obach not disclose personal data of the users of the app to others without having to do so with the expressed consent of the user, except for the following cases: if it is required by law; if, in good faith, it is necessary to enforce this Privacy Policy and/or Terms of Use of the app; if, in good faith, it is necessary to protect the life, property, or safety of Michael Obach or one or more users; if, in good faith, it could be necessary to protect the rights, property or safety of the public (e.g. emergency response); when necessary to comply with the legal process (including a court order or subpoena to appear before a court or tribunal) and cooperate with a legal requirement; when the application or intellectual property involved, or parts thereof be sold or transferred to, merged with or acquired by a third party.
5.7 Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) when you purchase, order, return, exchange in-app purchases like subscriptions, will not be stored by the App. All financial information is stored by external payment processors Apple and Google or their associated or subcontracted companies and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
5.8. We may use third-party advertising companies to serve ads when you visit the Application. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
5.9. We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
5.10. If you interact with other users of the Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
5.11. Our free applications use advertising currently provided by Admob and anonymous statistical information is reported to them so they can see whether their adverts are effective. Click for more information about Admob.
6.1. The user has the right to oppose to the use of his or her data if this should not be essential for the provision of the service and to their use for any purpose other than maintaining the contractual relationship if any, as may be the treatment for advertising purposes. If the user does not agree to any of the clauses in this policy, he or she may contact Michael Obach.
6.2. In addition, to which the user can exercise his or her right to access, rectify, cancel, oppose and other data contained in Título III de la Ley Orgánica 15/1999, de 13 de Diciembre de Protección de Datos de Carácter Personal, the user may contact Michael Obach using the email address info@mycarpoolapp.com or the following address: Calle San Telmo 11 20750 Zumaia (Spain).
6.3. The user has the right to modify all data used during the registration process of the app (such as the email address and password) at any time.
6.4. The user has the right to cancel the account at any time. Personal data will be kept only for the time period that is legally defined for that purpose and only to comply with legal requirements.
7.1. For the correct use of the app and/or the optimization of his resources, Michael Obach may recommend the user to access web sites or third-party utilities, or to download and configure third-party software over which Michael Obach has no control. This Privacy Policy does not apply to the said website, media or software. Therefore, any activity of the user in relation to sites or products outside Michael Obach be bound by the terms, conditions, legal notices and privacy policy of those, of which Michael Obach cannot be held responsible.
7.2. The previous paragraph (7.1) applies to the negotiations, conversations and/or contractual or extra-contractual relations with advertisers or third natural or legal persons contacted through the app.
8.1. In compliance with the Spanish Law 34/2002 about Servicios de la Sociedad de la Información y Comercio Electrónico, Michael Obach only sends offers or advertising and promotional communications electronically to your email address or through other means of electronic communication to those users who have explicitly consented to receiving such communications. Notwithstanding the foregoing, by accepting the Terms of Use and this Privacy Policy, users expressly accept and authorize Michael Obach to refer you offers and communications which are linked to the app.
8.2. Users may express their refusal to receive such communications at any time by notifying Michael Obach in the manner provided in Section 6.2. above or following the instructions at the end of his emails.
9.1. We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
9.2. MyCarpoolApp stores data that is directly related to the app on the user's device using the JavaScript localStorage technology.
9.3. Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
9.4. We may also partner with selected third-party vendors, such as Google Analytics, Piwik, and others, to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
10.1. The User expressly authorizes Michael Obach to store and make use of the IP addresses of users of the app in order to analyze trends and track the use of the app. Michael Obach does not associate IP addresses with personally identifiable information.
11.1. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
11.2. If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.
12.1. This present Privacy Policy may be modified, altered or replaced at any time due to possible changes in legislation, case law, the criteria followed by the Spanish Agencia Española de Protección de Datos or the competent authority at any time or according to the practices and customs of the sector and as a result of any changes decided unilaterally by Michael Obach, or are not due to the above reasons, in any case, he provides the user clear information of the modifications of the Privacy Policy. Users can view the latest update on the legend "Last Update" in the upper part of this document.
12.2. In any event, the user agrees that the Privacy Policy has effect at all times, which he or she accepts as a result of his or her use of the website or the app, which is accessible to the user from the website and through the app. The user may want to check from time to time the Privacy Policy for updates. If the user makes use of the app or accesses the website after an update of the Privacy Policy, he or she agrees to the terms and conditions of the updated Privacy Policy.
13.1. If the user has any comment, request, inquiry, or questions about this Privacy Policy or use of any personal information, he or she may contact Michael Obach at info@mycarpoolapp.com.
14.1. Questions concerning the app or the website are governed by the laws of Spain. Michael Obach and the User hereby expressly waive any other jurisdiction, to the jurisdiction of the courts of the city of Bilbao (Spain).