Terms of use for the WhatsApp information request service and information on data processing
By accepting these Terms of Use, the user accepts that the “WhatsApp for Business” application (an application managed by WhatsApp Ireland Limited) will be used as a channel to request information regarding the products and services offered by ESDESIGN, S.L. (hereinafter THE COMPANY). If you wish, you can consult all information regarding WhatsApp’s terms of use and Privacy Policy by referring to the WhatsApp Business Data Processing Terms.
1) Object and scope of application
The purpose of these Terms of Use is to regulate the relationship between ESDESIGN, S.L. (hereinafter THE COMPANY) and you (hereinafter the Client) when using the WhatsApp application as a contact channel so that THE COMPANY can provide you with the information requested by the Client, in accordance with your consent for the use of said application.
2) User acceptance
Checking the corresponding box provided in the COMPANY'S various contact channels, where authorisation is requested to contact the Client via WhatsApp, implies the unreserved acceptance of these Terms of Use and data processing
The COMPANY declares that both documents are available through the same channels used to request authorisation for contact via WhatsApp.
3) Access and blocking
In order to receive the requested information, the Client must have a device with the WhatsApp application installed. Additionally, it will be necessary to have Internet access and for the WhatsApp application to be linked to the telephone number provided to us through the respective form.
By using the application, the user must also have accepted WhatsApp's current Terms of Use and Privacy Policy.
In any case, the Client shall have the power to block the COMPANY'S communications that they may receive on their device via WhatsApp by configuring the application and blocking the telephone number from which they receive communications from the COMPANY, as well as by sending a request to ESDESIGN, S.L. via email to [email protected]
4) Correct use of the application
The Client undertakes to use the application and services in accordance with the Law, these Terms of Use, and WhatsApp's Terms of Service, and therefore pledges not to contravene current legislation or infringe upon the rights and interests of third parties.
The Client undertakes not to provide, through the application, data considered to be of a special category (such as, for example, health data, biometric data, political affiliation, etc.).
5) Data protection
1. Data Controller
ESDESIGN, S.L., located at Av Diagonal, 662, 08034 Barcelona and with NIF CIF B67614560, shall be the controller of the data provided by the Client upon authorising the sending of information via WhatsApp.
2. Purposes
The Client's data will be processed for the following purposes: (i) to manage the authorisation and acceptance of the Terms of Use, (ii) to be able to contact the Client via WhatsApp and inform them about the selected programme during its next two intakes, (iii) to process conversation data and carry out the appropriate procedures that the Client may request through said channel.
The Client's data will be processed based on the consent provided by authorising us to contact them through said channel and based on the existing relationship between the parties upon accepting the Terms of Use.
3. Disclosure of your data
The Client's data will not be transferred, sold, rented, or otherwise made available to any third party, except for those service providers of ESDESIGN, S.L. who perform certain activities for us (such as, for example, providing the WhatsApp service), but who will under no circumstances process the data for their own purposes. Some of these providers may be located outside the European Union, as indicated in section 5 below.
4. International transfers
By using this service, ESDESIGN, S.L. informs you that the Client's data may be transferred outside the European Union (EU) or the European Economic Area (EEA).
In any case, we will ensure that such data processing is always protected with the appropriate safeguards, which may include (i) Standard Contractual Clauses approved by the EU, or (ii) third-party certifications.
You may request further information at any time regarding the safeguards taken in each case by contacting our Data Protection Officer at [email protected].
5. Duration of processing
All data provided will be processed for the time necessary to respond to your request and for the maximum period of the next two intakes of the course in which you have shown interest. After this period, your data may be kept in an anonymised form for statistical or market research purposes, whenever possible, or duly blocked to comply with any legal obligations of ESDESIGN, S.L.
6. Further information and exercise of rights
You may request further information about the processing of your personal data at any time, as well as exercise your rights of access, rectification, erasure, restriction, or portability, by contacting ESDESIGN, S.L. at Apartado de Correos 221, Barcelona, or by email at [email protected].
Should you have any doubts, questions, or complaints regarding the way we process your personal data, you may contact our Data Protection Officer at the email address [email protected]. In the event that you do not receive a response within a reasonable period, you may file a complaint with the Spanish Data Protection Authority (AEPD).
6) Applicable law and jurisdiction
The relationship between THE COMPANY and the Client shall be governed by current Spanish regulations, and any dispute shall be submitted to the Courts and Tribunals of the User's place of residence.
THE COMPANY will pursue any breach of these Terms of Use, exercising all civil and criminal actions that may correspond to it and to which it is entitled by law.