Last updated: January 4, 2025
1.1. This document establishes the Privacy Policy and describes how Michael Obach (hereinafter, "the Provider" or "we"), as the data controller, located at Calle San Telmo 11, 20750 Zumaia, Spain, collects, uses, and protects the personal data of users of the software called MyCarpoolApp (hereinafter, "the Application" or "the App").
The App is designed to facilitate collaborative trip management among groups of people sharing private cars (hereinafter, "Carpool"). Additionally, it includes a feature that allows new users to search for other users or groups based on requested destinations and schedules, provided they have consented to be contacted.
The App is available in three formats: a web application, an application for the Android operating system, and an application for iOS and macOS operating systems. The Provider owns the domain mycarpoolapp.com, and the email address for communications related to Users and third parties is info@mycarpoolapp.com. Use of the App implies full and unconditional acceptance of this Privacy Policy.
This Privacy Policy does not apply to third-party online or mobile stores where the App is installed or payments are made, including those related to in-App purchases of virtual items. Such stores may collect and use the User's personal data under their own privacy policies, for which the Provider is not responsible.
The Provider does not intentionally collect data from individuals under 18 years old nor direct its services to this age group. If you become aware that we have collected personal data from a minor under 18 years old, please contact us immediately using the contact information provided above so that we can take the necessary measures and delete such information.
2.1. The Provider collects, stores, and processes personal data and information that the User enters into the application through electronic forms or any other means, whether during registration on the Web or in the App, or during daily use of the application.
2.2. During the registration and User onboarding process, as well as during App usage, personal data necessary for service provision, identity verification, and preventing unauthorized application use will be collected and stored. These data may also be used to respond to comments, requests, inquiries, or questions from Users.
The data collected include, among others:
2.3. Additionally, at the Users' request, the App allows saving the following personal data that facilitate contact between users, although they are not necessary for the App's essential operation:
2.4. During App usage, the Provider may collect and store information related to App usage and the User's device to generate usage statistics, improve the service, and perform support and maintenance operations. This includes the type and version of the operating system, device IP address, domain type, browser used, system mode (e.g., light or dark), language, and device make/model.
2.5. Users' personal data will be retained while their account is active or as necessary to provide the App's services. If no activity is detected for 5 years, the data will be deleted or anonymized unless there is a legal obligation or legitimate justification to retain them (e.g., to handle disputes). Users can request the deletion of their data at any time, in which case the data will be deleted without undue delay within 30 days, unless there are open disputes or legal justifications for retention.
3.1. The Provider informs Users that it complies with current data protection regulations, in particular with Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Royal Decree 1720/2007, of December 21, which implements the LOPD, and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of such data (General Data Protection Regulation, GDPR). In this regard, the Provider states that it only collects the data necessary to provide the services derived from the application, in accordance with the terms established in the Terms of Use. It also reserves the right to use the data stored in its databases to perform statistical studies on registered Users and their use of the application.
3.2. By voluntarily entering personal data in any electronic form or data collection means available on the Web or the App, both during the registration process and during the use of the application, the User expressly consents to the incorporation of the data provided into the automated file owned by the Provider, duly registered with the General Data Protection Registry. These data will be processed in accordance with this Privacy Policy, with the purpose of managing the request for services or information made by the User.
3.3. Furthermore, the User expressly consents to the Provider processing their personal data as a result of inquiries, requests, service contracts, or any operation carried out to access the services provided by the App, as well as to maintain the contractual relationship. Likewise, the User consents to receiving offers, advertising, and promotional communications by any means, including electronic ones.
3.4. By accepting the terms of this Privacy Policy, the User agrees to fulfill their obligations while browsing and/or using the Web and/or the App and to accept the scope of the guarantees provided by the Provider under this Privacy Policy, which will be valid at all times.
3.5. The Provider guarantees that the processing of personal data is carried out in compliance with the applicable regulations at all times, ensuring maximum confidentiality regarding the data provided by Users.
3.6. The Provider has implemented recognized technical and organizational security measures to protect the information provided by the User, both during its transmission and storage. These measures are designed to ensure the protection of personal data and to prevent its alteration, loss, unauthorized processing, or access, taking into account the state of technology, the nature of the data, and the risks to which they are exposed. These measures comply with the provisions of the General Data Protection Regulation (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). However, the User acknowledges and accepts that, although the Provider takes the utmost precautions, no method of transmission or electronic storage is completely secure. Therefore, the Provider cannot guarantee absolute security, and its responsibility is limited to complying with the measures required by applicable regulations.
3.7. The application may access basic information from your Facebook account, including name, email address, gender, date of birth, current city, and profile picture URL, as well as other information you choose to make public. We may also request access to other permissions related to your account, such as friends, posts, and likes. The User has the option to grant or deny access to each of these permissions individually. For more information on Facebook permissions, consult Facebook's permission reference page.
3.8. We may request access or permission to track location-based information from your mobile device, either continuously or while using the application, to provide location-based services. The User can change these permissions in their device settings.
3.9. We may request access or permission to use certain features of your mobile device, such as the camera or other device components. The User can change these permissions in their device settings.
3.10. We may request information about the device, such as the mobile device ID number, model, manufacturer, operating system version, phone number, country, location, and any other data the User decides to provide.
3.11. We may request the sending of "PUSH" notifications about your account or the application. If the User prefers not to receive these notifications, they can disable them in their device settings.
4.1. The User declares that all data provided during the registration process and use of the App is truthful, accurate, and complete, and undertakes to notify the Provider of any changes to said data to maintain its accuracy and currency.
4.2. In the event that the User provides third-party data during the registration process or use of the application, the Provider will not be responsible for ensuring compliance with information and consent principles. It will be the responsibility of the User to ensure they have adequately informed the data subjects and obtained their express consent for the communication of such data.
4.3. Providing the requested personal data is entirely voluntary for the User. However, failure to provide certain data or refusal to answer specific questions during the registration process or on electronic forms may result in the inability to access the services for which those data are required. The Provider will clearly inform the User about the mandatory nature or necessity of providing certain data for the proper provision of the service.
5.1. The User acknowledges and consents that the Provider may subcontract the storage and processing of content and information uploaded and/or shared through the application, including personal data contained within such content. In this context, the data will be transferred to Alfahosting GmbH, the company that owns the servers where the content will be stored. Alfahosting GmbH will process the information solely for the purpose of providing hosting and processing services, following the explicit instructions of the Provider, who is responsible for the file.
5.2. The transfer mentioned in clause 5.1 will be governed by a contract between the Provider and the recipient, detailing the specific purpose of the data transfer.
5.3. The Provider may share Users' personal information with external providers and contractors who need access to such information to provide services related to the application, such as transaction and payment processing, data collection and processing, data storage, data security, and technical support services. The Provider will require these providers to use the information exclusively for their service, maintain confidentiality and security of the information, and not disclose it to third parties.
5.4. Except as provided in clauses 5.1, 5.2, and 5.3, the Provider will not disclose personal information contained in its files to third parties without the User's express consent. Personal data will only be used to provide access to the service and, if the User has given consent, to send commercial communications, product and service information, and/or offers and promotions.
5.5. The Provider guarantees that it will not sell, rent, or transfer Users' personal data or communication methods for profit, except where necessary for service provision.
5.6. In general, the Provider will not disclose personal information to third parties without the User's express consent, except in the following cases:
In the event that the application, its intellectual property rights, or parts thereof are sold, merged, or acquired by a third party.
5.7. The application does not store financial information related to payment methods, such as credit card numbers, card brands, or expiration dates. All financial information is stored by external payment processors, such as Apple and Google, or their affiliated companies. Users are encouraged to review their privacy policies and contact them directly for any questions.
5.8. The Provider may use external advertising companies to display ads while using the application. These companies may use information about visits to the application and other websites stored in cookies to offer ads for products and services that may interest the User.
5.9. The Provider may share User information with third parties that perform services on its behalf or for its benefit, such as payment processing, data analysis, email delivery, data hosting, customer service, and marketing.
5.10. If the User interacts with other members of their group within the application, these members may see their name (as provided by the User), profile photo (if available), and descriptions of their activity, such as invitations sent to other users, chat messages, liked posts, and followed blogs.
5.11. If the App or its entirety or part of its assets is acquired by a third party, the personal data in possession will be considered one of the assets transferred as part of the transaction.
5.12. If the User so desires, they may share pseudonymized data (information that does not directly identify the User but could be associated with them using additional data exclusively held by the Provider) related to their searches for routes, days, and specific times with other individuals, groups, or external platforms interested in coordinating carpooling trips. Such information exchange will only occur with the User's explicit consent and in accordance with applicable legal provisions. The Provider will not be responsible for the subsequent processing of such data by external platforms.
6.1. The User has the right to object to the processing of any personal data that is not strictly necessary for the performance of the contract, as well as its use for purposes other than maintaining their contractual relationship, such as advertising purposes. If the User disagrees with any processing outlined in this Privacy Policy, they may contact the Provider to exercise their right to object and request that such processing cease.
6.2. The User may exercise their rights of access, rectification, deletion, restriction of processing, portability (i.e., the right to receive the personal data they have provided to the Provider in a structured, machine-readable, and commonly used format), and opposition, in accordance with the General Data Protection Regulation (EU Regulation 2016/679) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights. The User also has the right to establish directives regarding the fate of their personal data after their death. To do so, they can contact the Provider via email at info@mycarpoolapp.com or send a written request to the following postal address: Calle San Telmo 11, 20750 Zumaia (Spain). In both cases, a copy of an official document proving their identity (such as an ID or passport) must be attached.
6.3. The User has the right to modify their registration information in the application at any time, such as their email address and access key.
6.4. The User has the right to cancel their account at any time. Personal data will be retained only for the period necessary to fulfill legal obligations and exclusively to comply with corresponding legal requirements.
7.1. To ensure the proper use of the application and optimize its resources, the Provider may recommend that the User access third-party websites or platforms, or even proceed with downloading and configuring third-party software, over which the Provider has no control. This Privacy Policy does not apply to such websites, platforms, or software. Therefore, any activity the User engages in concerning third-party sites or products will be subject to the terms, conditions, legal notices, and privacy policies of those third parties, for which the Provider is not responsible.
7.2. The above also applies to negotiations, conversations, and/or contractual or extracontractual relationships with advertisers or other natural or legal persons the User may contact through the application.
8.1. In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), the Provider will only send offers, advertising, or promotional communications via electronic means (such as email or other equivalent channels) to those Users who have given their prior, explicit, and specific consent to receive this type of message.
However, by accepting the Terms of Use and this Privacy Policy, Users expressly consent to the Provider sending them communications related to the application, including:
The Provider guarantees that these communications will be limited to the legitimate purposes mentioned and will be carried out in strict compliance with applicable regulations.
8.2. The User has the right to object, at any time, to receiving commercial or informational communications. To do so, they may:
The Provider will process the User’s request as quickly as possible and ensure their address is excluded from future mailings, except in cases where the communication is strictly necessary for the functioning of the App.
9.1. This app currently does not use traditional cookies. Instead, it uses LocalStorage and IndexedDB to store data locally on the user's device. These technologies enable the app to save user settings, preferences, and other relevant information to optimize the user experience.
Please note:
By using this app, the user agrees to the use of LocalStorage and IndexedDB, as well as the potential future use of cookies.
10.1. The User expressly authorizes the Provider to store and use the IP addresses of Users of the application to analyze trends and track general usage of the application. The Provider does not associate IP addresses with personally identifiable information.
11.1. Section 1798.83 of the California Civil Code, also known as the "Shine The Light" law, allows our users who are California residents to request and obtain from us, once a year and free of charge, information on categories of personal information (if applicable) that have been disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with whom we have shared personal information in the preceding calendar year. If you are a California resident and wish to make such a request, please send your request in writing to us using the contact information provided below.
11.2. If you are under 18 years old, reside in California, and have a registered account with the Application, you have the right to request the removal of unwanted data you have publicly posted on the Application. To request the removal of such data, 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 ensure that the data is not displayed publicly on the Application, but please note that the data may not be completely or fully removed from our systems.
12.1. Personal data collected from Users residing in the European Union ("EU") will be stored and processed within the EU, ensuring compliance with applicable regulations such as the General Data Protection Regulation (GDPR). Currently, the server managing this data is located in Germany, ensuring high-level security and privacy standards.
13.1. This Privacy Policy may be modified, altered, and/or replaced at any time due to potential legislative changes, judicial criteria followed by the Spanish Data Protection Agency and/or the competent authority at any given time, or due to changes in industry practices, uses, and customs. It may also be modified by unilateral decisions of the Provider's management, regardless of whether they are due to the aforementioned reasons. In any case, the Provider commits to providing the User with sufficient visible information about any modifications to the Privacy Policy. Users will be able to see the latest update in the "Last Updated" legend, which appears at the top of this document.
13.2. In any case, the User agrees that the Privacy Policy in effect at any given time, which they accept as a result of using and browsing the Website and the application, after any modifications have been made, is the one published on the Website accessible to the User. It is recommended that the User periodically review the Privacy Policy to be aware of updates regarding the use of their personal information. If the User continues to use the application after the Privacy Policy has been updated, it will be considered that they accept the terms and conditions of the updated Privacy Policy.
14.1. If the User has any comments, requests, inquiries, or questions about this Privacy Policy or the use of any Personal Information, they can contact the Provider at info@mycarpoolapp.com.
15.1. Issues relating to the application are governed by the laws of the Kingdom of Spain. The Provider and the User submit, with express waiver of any other jurisdiction, to the jurisdiction of the courts of the city of Bilbao (Spain).