Privacy Policy

 

 

Introduction

 

Openbravo, S.L.U. (“Openbravo” or “we/us”), domiciled at Paseo Santxiki 1 – Edificio K, 2a Mutilva 31192 – (Aranguren) – Navarra and with CIF B31733934; is committed to protecting the privacy of all users of our Services (“You/r”). This Privacy Policy is part of the Company’s Terms of Use and explains our practices regarding the use of personal data collected and processed through our Services. Defined terms set out herein shall have the same meaning as in Openbravo Terms of Use of which it forms part.

 

Summary

 

At www.openbravo.com, we offer information about our software solutions and services for retailers and restaurateurs. Information on Openbravo news, business trends or different technical and functional topics related to our solutions are provided at our business blog (http://www.openbravo.com/blog) and technical blog (planet.openbravo.com).

 

In the website, Openbravo collects and processes 2 types of data, (1) identification and contact data, and (2) data provided by users in the interactive services (as set out in our Website Terms). Those data will be used by us to provide you with our services, and other purposes set out below.

 

We maintain the security and confidentiality of your data in accordance with applicable law and will not make your personal data public except as indicated on the website.

 

By completing and submitting your personal data to Openbravo, via any online registration or other forms presented on our Services, you declare to have read and accepted the terms of this Policy. Without prejudice to the foregoing, you expressly and unequivocally consent to the collection and processing of your personal data (as identified below) by us in accordance with the indicated purposes and this Policy.

 

You may revoke consent at any time by writing to privacy@openbravo.com.

 

Please read the text below carefully for the full details of this Privacy Policy.

 

Commercial Communications

 

If you tick the corresponding box, you also consent to receive commercial communications from us regarding our and other services (see below). If later you do not wish to receive commercial Information about Openbravo and other services (defined below), you can expressly opt out by sending a notification to privacy@openbravo.com or by clicking the unsubscribe link in our email communications.

 

 

1. DATA CONTROLLER

 

The entity responsible for your registration data is Openbravo S.L., located at Paseo Santxiki 1 – Edificio K, 2a Mutilva 31192 – (Aranguren) – Navarra. All communications regarding the processing of your personal data shall be directed to privacy@openbravo.com.

 

Please note that if we communicate your data to a subsidiary (as indicated below), this entity will become Data Controller and in a communication to you we will provide you the contact and other details of the subsidiary and information about their processing in accordance with applicable law.

 

If we provide any professional contact details of website users to an Openbravo Partner/Customer, such entity becomes Data Controller and they will provide you their contact and other details and information about their processing in accordance with applicable law.

 

2. PERSONAL INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT

 

2.1 Data collected

 

We collect and process the following data:

 

1. a) Registration to receive information of our partner program (Registration Data).

 

On registering for use of our Services, we will collect the following personal data:

 

First name, last name, email, telephone number.
Company name, Country, website and free space comments about your interest in Openbravo products.


These data are mandatory and if they are not provided, you will not be able to send us the information request.

 

1. b) Contact.

 

You can contact us via our website by compiling the specific webform. In this case, we will collect the following personal data:

 

First name, last name, email, telephone number,
Company name, country activity sector (limited options dropdown), your interest in our products and the way you have known our products.

 

1. c) Request for a demo.

 

If you wish to have a product tour you can contact us by compiling the specific webform. In this case, we will collect the following personal data:

 

First name, last name, email, telephone number,
Company name, country activity sector (limited options dropdown), the number of stores that you have and if you use e-commerce, free space your interest in our products and the way you have known our products.


1. d) Updates of products and services.

 

When browsing our website, Openbravo will give you the option to subscribe to receive product and service updates. We will collect your first name and last surname and your e-mail.

 

1. e) Jobs.

 

If you wish, in the “Careers” section, either because you have seen an offer that interests you or because you want Openbravo to have your CV for possible opportunity, you can send your CV to careers@openbravo.com.

 

1. f) Register to receive the latest articles of the Blog.

 

When browsing the Blog of our website, Openbravo will give you the option to subscribe to receive the latest articles published therein. Your email address will be collected in order to send you the latest articles published.

 

1. h) Download content published on the website.

 

In the event you wish to download certain documents and content published on the website, we will collect the following information: First name, last name, email, telephone number,
Company name, country activity sector (limited options dropdown)

 

1. i) Navigation.

 

Due to the standards of communications on the Internet, when you visit our website we automatically receive the URL of the site from which you come and the site you visit when you leave our website. We also receive the internet protocol (“IP”) address of your computer and the type of browser you are using. We use this information to analyze global trends to improve the service. This information is not shared with third parties without your consent. Except for the above, and what is stated in our cookies policy, we do not collect any type of personal data if you are only browsing the website.

 

1. j) Web forms.

 

In general, if you send us any web form (Registration, Subscription, Contact Us), we collect the information indicated in the forms and provided by you, including the name and email address. The obligatory data are indicated. This data is used to process your request and contact you for future notifications.

 

1. k) Webinars.

 

From time to time Openbravo organizes webinars related to different topics of interest in the industry. The webinar platform is provided by BrightTALK Inc. who collects the following information: first name, last name, e-mail address, telephone, job title, professional level and password. BrightTALK will collect these data and provide them to Openbravo to contact you with webinar information and future notifications.

 

2.2 Prohibited data.

 

In all events, it is forbidden to submit to us or upload to the Services any data that contains sensitive personal data that is relative to identifiable persons such as: your and or third party’s racial origin, membership in a trade union, religion, ideology and sexual life, your and or third party’s health; or your and or third party’s relative to the commission of criminal offences or proceedings and associated penalties or fines.

 

It is important that the personal data we hold about you is accurate and current. You are responsible for the accuracy of the information you provide to us and you are expected to update any information you provide us with.

 

 

2.3. Data use

 

General. We use your personal data with the following purposes related to our services:

 

Contact you, understand our partners, clients, and manage the commercial relationships with and among clients, potential clients, partners and potential partners.

 

The promotion, management, delivery and support of any services and products requested and/or provided by Openbravo and our Partners.

 

Keeping you up-to-date with our product and service offerings, and sending you, by email or equivalent means, information, offers, promotions or commercial communications in general, relating to our products and services,

 

Understanding our clients and partners, developing professional and corporate profiles, and preparing and analysing proposals for potential partners and clients.

 

Promoting our professional community and associated networking, including disclosing professional contact data from actual and potential Openbravo customers to our Partners, and vice-versa.

 

Anonymous analytics of users on our website and interactions within our community.

 

Use of data by other users. If you have access to personal data of other users or persons through the website (e.g. on the wiki or blog pages), you agree to process and use those data in accordance with the provisions of these conditions and only for the explicit purposes of the Services, unless you have the user’s consent. You will not facilitate or publish any personal data related to any individual that has not been authorized by that person or this Policy. You will protect the confidentiality of any accessible personal data and will prevent access by any unauthorized third party. You will inform us of any problem related to the management of user data within 24 hours after it occurs. You will be responsible for any illicit use that you make of data of other users, including any use contrary to applicable data protection laws and / or that violates this Privacy Policy.

 

Commercial Communications. By ticking the corresponding box you expressly agree that Openbravo may send you commercial communications with updates about Openbravo, its business and industry, its partners and affiliates, its products and services, and its new features and launches. Once you have subscribed, if you do not want to receive this information, please notify us by sending a notification to privacy@openbravo.com or by selecting the option unsubscribe from the e-mails you may receive.

 

3. LEGAL BASIS

 

The legal bases for the processing of your personal data are the following:

 

For users filling a form, the processing of your data is necessary to provide you with the requested information or service and to take action when requested before entering into any contract.

 

For business contacts, we have a legitimate interest in contacting you, and the processing of your data is necessary to get in touch with potential customers and our partners/customers, to understand their characteristics and take action with them. This interest has been contrasted with the fundamental rights of individuals, on the basis that the personal data used is limited to professional contact data, and the purpose is contacting and interacting with you regarding our offer of services.

 

For other users, our processing is based on your express informed consent, in particular for sending commercial communications.

 

In certain circumstances, we may treat your data in accordance with this policy to comply with a legal or regulatory obligation to which we are subject.

 

4. DATA DISCLOSURE

 

We treat your personal data confidentially in accordance with the applicable legislation. Unless stated otherwise, your personal data will not be provided to third parties. Openbravo does not sell or assign to third parties lists with personal data, nor of any other type, nor generates any type of income from third parties for the data collected from these pages.

 

However, we will disclose certain information as follows:

 

We may share the professional contact and commercial information of business opportunities with our business partners/partners; and vice-versa, we may share Partner contact data with potential or existing customers of Openbravo products and services.

 

For contacts and opportunities in certain countries we can share your contact information with the other companies of our business group in those countries.

 

We can make the personal data available to any company interested in buying or buying the Company or a part of your business and, consequently, give access to any national or international auditors to carry out your “due diligence”.

 

Our interactive services may make certain identification data of our users visible on our website (e.g. blogs, etc.), for the purpose of attributing content authorship and opinions.

 

We may give access to personal data to our service providers under contracted for the provision of services in favor of the company. We require that all third parties respect the security of your personal data and treat them in accordance with the law. We do not allow our external service providers to use your personal data for their own purposes and we only allow them to process your personal data for specific purposes and in accordance with our instructions.

 

5. DATA TRANSFER (THIRD PARTY SERVICE PROVIDERS)

 

We use the following third party services to provide our Services: Hubspot, Salesforce, Google, BrighTALK. These companies are in a territory that does not provide adequate guarantees for the protection of personal data, however these companies are members of the EU-US “Privacy Shield” that you can check in the following link. The Company has signed agreements with said suppliers with the contractual guarantees required by law. You can contact us to consult or obtain copies of these agreements.

 

6. DATA RETENTION

 

We will retain the personal data submitted through registration and collected during the course of the Services while we have your consent and/or legitimate interest in having it. For those uses with a contractual relationship with Openbravo (including a user account), we will maintain the data until termination of the Agreement and deactivation of your Account either by you or us.

 

Once such personal data are no longer used for the aforementioned purposes or you have requested deletion, they will be blocked for a period of 6 years, for legal or administrative reasons, such as the defence of our responsibility and compliance with mandatory legal obligations, subject to the applicable law.

 

Please note that we will keep the data collected from you in an anonymous format for an unlimited time.

 

7. SECURITY MEASURES

 

The security measures and personal data protection schemes required by law will be adopted and maintained with respect to the processing (and further transfer) of your personal data by Openbravo.

 

These measures are in accordance with the guidelines set by the National Data Protection Commissioners (http://ec.europa.eu/justice_home/fsj/privacy/nationalcomm/index_en.htm).

 

8. YOUR RIGHTS

 

You have rights under data protection laws in relation to your personal data, including the right to:

 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

 

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Request the transfer of your personal data to you or to a third party (right to data portability). We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

The aforementioned rights may be effective by contacting us at privacy@openbravo.com or at Openbravo, S.L.U, Paseo Santxiki 1 – Edificio K, 2a Mutilva 31192 – (Aranguren) – Navarra.

 

You also have the right to make any complaint to the competent authority, in this case the Spanish Data Protection Agency (Agencia Española de Protección de Datos), C/. Jorge Juan, 6, 28001 Madrid, Spain.

 

9. GENERAL

 

We reserve the right to amend the terms of this Privacy Policy and will notify you by providing a clear notice of these changes by email or on our Website, and in this Privacy Policy. If you continue to use our website services after such update, you will be deemed to accept the new terms. If you do not accept the update, please notify us and we will terminate your Account, if any, and remove any of your personal data (except as required to be maintained for legal purposes as stated above), and you will not be able to continue to use our services.

 

Unless a specific local regulation sets forth to the contrary, the Privacy Policy is governed by the laws of Spain.

 

Version 1: May 15th 2019