PRIVACY POLICY

Mobile Software Digital Services agrees to respect your privacy and guarantee the protection and security of your personal data. We design all our products and services with your privacy in mind. We involve experts from different areas (legal, security…) to make sure that no decision is made without first considering your privacy. Please read this Privacy Policy carefully. It has been written in plain and simple language, so that you can understand its terms and decide of your own free will whether or not you would like to supply your personal data to Mobile Software Digital Services. We have teams that work to ensure your information is kept safe and protected.

This Privacy Policy applies to all Services developed by Mobile Software Digital Services through its websites and/or Apps (hereinafter, interchangeably, the “Platform”).

By supplying your data for the purposes of receiving the Services offered by the Platform, you declare and confirm that you are over 18 or that you are the custodian or legal guardian of the User. We will make everything possible to prevent any unlawful use of the Platform. That is why we will try to verify your identity and reserve the right to deny use of our Services if your information is not accurate, being entitled to pursue any legal actions that we may deem appropriate.

1. IDENTIFICATION

• Controller: Mobile Software Digital Services S.L.
• CIF: B87765194
• Company registered office: Calle Ulises, 16 - planta 8, 28043, Madrid, España
• Data Protection Officer (DPO): privacy@cloudplay.co.za

2. INFORMATION AND CONSENT

Mobile Software Digital Services commits to observe your privacy and ensure the protection and security of your personal data. Therefore, we inform you about the way in which we collect, process and protect the personal data that you may be willing to provide to us.

Consequently, you need to read carefully this privacy policy which has been written in a clear and simple way so as to enable you to understand it and thus decide freely and voluntarily if you wish to provide your personal data to Mobile Software Digital Services.

3. OBLIGATON OF DATA PROVISION

The data requested in the forms provided on the web site are, in general, mandatory (unless specified otherwise in the required field) for accomplishment of the established purpose. To the contrary, however, the result may be the impossibility to provide the service to the user.

With regard to the notification service, the legal basis that guarantees the legality of the processing is the consent provided by the user. Therefore, notifications will only be sent to users who have given their consent for that specific purpose.

4. WITH WHAT PURPOSE WILL THE COMPANY PROCESS THE USER’S PERSONAL DATA?

Your collected personal data will be processed by Mobile Software Digital Services in conformity with the following purposes:

• Managing the contracting of the products selected by the User
• Managing subscription plans selected by the User
• Allow the uses associated with the Platform’s cookies, as described in our Cookie Policy
• Allow the functionalities and Services offered through the Platform that you request from us
• Managing, conducting and giving answers to the petitions, demands, incidences, complaints, claims or Users’ consultations as well as managing the refunds
• Maintenance, support and updating of the web site. Resolution of possible technical incidents or of those of any other nature that may arise in relation to the web site
• Draw-up of anonymous statistical reports on access habits and the activity developed by users on the web site

5. WHAT DATA WILL WE PROCESS?

Processing your data is necessary for us to give you access to the contents and/or features offered through the Platform or, if you so require, for us to send you information or give you access to additional Services offered in certain sections of our website.

To provide you with the Service you need, we will collect and process the following information:

• Your IP, browser, device, and operating system. This information will be obtained from your connection.
• Your telephone and/or Internet service provider.
• Your telephone number or identification alias (internal ID of provider), depending on your telephone and Internet service provider.

If you create an account to access the portal:

• Your identification details: telephone number, email address, and password.

If you submit a query or complaint, we will process the data you supply for the purposes of solving your query or complaint:

• Your identification details: full name, telephone number, email address, and photocopy of your ID card.
• Your banking details: bank account and service provider bills.

Some features and/or Services offered through the Platform enable or require the User to upload content owned by the User (text, images, video, audio and/or voice). Content uploaded by a User may contain personal data, e.g. when a User allows access to the camera or uploads a photo containing the User’s image or the image of a third party, or when the User enters text that contains additional information about the User or data that may identify a third party. Your data will be processed solely for the purposes of allowing the use and delivery of the Service requested by the User.

If the User provides third-party data, the User agrees to obtain the consent of such third party and to refer the data subject, who is the owner of the data, to the information contained in the Privacy Policy, holding Mobile Software Digital Services harmless of, from, and against any liability in such respect. However, [*] may carry out all such verifications as may be necessary to confirm this, taking the due diligence measures that may apply, in accordance with the data protection legislation in force.

6. WHAT IS THE LEGITIMACY OF DATA PROCESSING?

The legitimacy of dealing with the data will be:

Execution of contract for:

• Management of the purchase of the products selected by the User
• Management of the subscription plans selected by the User
• Allow the functionalities and Services offered through the Platform that you request from us
• Management of queries, requests for information, complaints and claims, receiving relevant information

Legitimate interest in:

• Performing Anonymous Statistical Reporting
• Maintain, support and update the website
• Verification of user identity and prevention and detection of fraudulent traffic

User's consent for:

• Agree that the purposes of the processing associated with the use of cookies be developed, provided that the applicable Cookie Policy has been accepted

You may revoke your consent given to any of the dealings, provided such consent shall not affect the lawfulness of the processing previously carried, through the following email: privacy@cloudplay.co.za.

7. WHO THE DATA WILL BE SHARED WITH?

User’s data may be communicated to:

• The controller’s suppliers, being the said access necessary for adequate meeting of legal obligations and/or the provision of services for the aforementioned purposes. The said suppliers will not process your data for their own purposes that have not been previously informed by Mobile Software Digital Services.
• Data may be communicated to Group entities for administrative purposes.
• Public administrations, in relation to the competences attributed to them.

8. FOR HOW LONG WILL WE KEEP USER’S DATA?

The data will be processed during the time necessary to accomplish the indicated purposes, differentiating between the data necessary for the contracting of products and services, as well as for the collection thereof, of those processed for reasons of publicity or customer service, unless the User requests his withdrawal from Mobile Software Digital Services, opposes or revokes his consent.

In particular, images or selfies uploaded by you to the tool (inputs) are not stored. This means that, once processed together with the text provided by you (prompt), they are deleted.

On the other hand, as for the images (outputs) generated from the image and text provided by you, they will be stored on an AWS server for a maximum of 24 hours.

9. RESPONSIBILITY OF THE USER

The User:

• Guarantees that his/her age is over 18 and that the data provided to Mobile Software Digital Services are true, accurate, complete and up-to-date. For these purposes, the User is responsible for the truthfulness of all communicated data, and will keep the provided information updated so as to reflect his/her real situation.
• Guarantees to have informed third parties from whom he/she provides your data, if appropriate, of the aspects contained in this document. Likewise, he/she guarantees to have obtained your authorization for providing your data to Mobile Software Digital Services for the mentioned purposes.
• Will be responsible for false or inaccurate information provided through the web site and for damages, direct or indirect, inflicted to Mobile Software Digital Services or to third parties thereby.

10. EXERCISE OF RIGHTS

The User may at any time and free of charge send a letter to the address indicated in the heading of this Policy or send an e-mail to the address support@cloudplay.co.za to:

• Revoke the granted consent
• Obtain confirmation of whether at Mobile Software Digital Services are processed personal data concerning the user or not
• Access your personal data
• Rectify inaccurate or incomplete data
• Request deletion of your data when, among other reasons, the data are no longer necessary for the purposes they were collected for
• Obtain from Mobile Software Digital Services the limitation of data processing when any of the conditions provided in the data protection regulations is met
• Obtain human intervention, to express your point of view and to challenge the automated decisions adopted by Mobile Software Digital Services in the cases foreseen in the regulations
• Seek portability of your data in the cases envisaged in the regulations

You may also file a complaint regarding the protection of your personal data with the competent authority.

11. SECURITY MEASURES

Mobile Software Digital Services will process the data of the User at all times in an absolutely confidential manner and keeping the secret thereof, in accordance with the provisions of the applicable regulations, adopting the necessary technical-organizational measures to ensure the security of your data and to help avoid their alteration, loss, processing or unauthorized access, taking into account the state of the technology, the nature of stored data and the risks they are exposed to.

12. CHANGES IN THE PRIVACY POLICY

Mobile Software Digital Services reserves the right to arbitrarily modify this Privacy Policy at any time and without prior notice, always under the current and applicable legislation on personal data protection.