Privacy policy

1.- Who is the controller of your data?

The controller of your personal data is HEYDIGA TECH, S.L., (hereinafter, "HEYDIGA"), with tax number B-22.758.122 and registered office at Calle Passeig De Gracia, 50, 5 08007 Barcelona - Spain.

We inform you that the Platform: https://heydiga.com/en (hereinafter, "the Platform") is owned by HEYDIGA.

This Privacy Policy governs access to and use of the Platform (hereinafter, the "Platform") that HEYDIGA makes available to Internet users (hereinafter, the "Users") interested in the content (hereinafter, the "Content") and the services (hereinafter, the "Services") offered by HEYDIGA on it.

Users may contact HEYDIGA at the following email address: info@heydiga.com.

2.- Recommendations

Please read and follow these recommendations carefully:

• Keep your device equipped with duly updated antivirus software against malicious software and spyware applications that could compromise your browsing and the information held on your device.
• Read and review this Privacy Policy and all the legal texts made available by HEYDIGA on the Platform.

3.- Information about the data HEYDIGA collects through the Platform

For the Platform to work correctly, HEYDIGA may have access to the following data provided, where applicable, by the User:

• Identification data: First name, surname, identity document (national ID, foreigner ID or passport).
• Contact data: Email address, telephone number, postal address.
• Browsing data: IP address, device type, operating system, browser, language, pages visited, time spent browsing and cookies or similar technologies (in accordance with HEYDIGA's Cookie Policy).
• Interaction data: Information provided through contact forms, enquiries, complaints or communications with HEYDIGA.
• Other data: Additional information provided by the User through forms, surveys or communication with HEYDIGA.

4.- On what basis is HEYDIGA entitled to process your data?

The lawful basis for processing Users' personal data through the Platform may rest on different legal grounds, depending on the purpose of the processing:

• User consent: HEYDIGA will process the User's personal data where the User has given express consent to do so. Accordingly, the data may be processed to manage the services offered on the Platform, provided the User has accepted this Privacy Policy and ticked the corresponding boxes.
• Performance of a contract: In some cases, processing the data is necessary for the performance of a contract to which the User is party. This includes managing purchases, bookings, subscriptions or other services contracted through the Platform.
• Compliance with a legal obligation: HEYDIGA may process personal data where necessary to comply with an applicable legal obligation, such as tax, accounting or fraud-prevention rules.
• Legitimate interest: HEYDIGA may process personal data on the basis of its legitimate interest, provided this does not override the User's rights and freedoms. This may include analysis of Platform use, information security, fraud prevention or sending commercial communications to existing Clients about similar products or services.

HEYDIGA takes the protection of Users' privacy and personal data very seriously. For that reason, data is stored securely and handled with the utmost care, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("General Data Protection Regulation" or "GDPR").

Users may withdraw their consent at any time by sending a message to the following email address: dpo@heydiga.com, without this affecting the lawfulness of processing based on consent before its withdrawal.

5.- What are the purposes of processing your personal data?

HEYDIGA will process its Users' personal data lawfully, fairly and transparently. The purposes of the processing include:

• Providing the automated AI call and message handling service, on behalf of the Client (business) that contracts the Platform.
• Managing bookings, appointments or orders made through the Platform, in accordance with the Client's instructions and settings.
• Sending reminders, confirmations or communications relating to the bookings or appointments handled by the assistant.
• Handling and resolving frequent questions from end users (for example: opening hours, location, services, prices, menus, allergens or business policies).
• Escalating or transferring conversations to the Client's human staff where the interaction requires it.
• Recording and transcribing calls (where applicable, if the Client enables it) to make the service possible, ensure its quality and allow incidents to be analysed.
• Improving and optimising how the service works, including statistical and analytical purposes, always on anonymised or aggregated data.
• Complying with legal obligations applicable to HEYDIGA, such as responding to requests from authorities or to legal requirements.
• Administrative and support management necessary for the contractual relationship with the Client (invoicing, technical support, incident management, security).

6.- Accuracy of the data provided by Users

Users guarantee the accuracy of the personal data they provide and undertake to inform HEYDIGA of any change to it. Users are responsible in all cases for the accuracy of the data provided, and HEYDIGA reserves the right to exclude from its services any User who has provided false data, without prejudice to any other action available at law.

Users are advised to protect their data with the utmost diligence using appropriate security tools. HEYDIGA will not be liable for any theft, unlawful modification or loss of data. Any change or update to the data must be notified to HEYDIGA through the channels set out in this Privacy Policy.

7.- Data retention

Protecting Users' privacy and personal data is very important to HEYDIGA. HEYDIGA therefore does everything possible to prevent User data from being used improperly. Only authorised staff have access to User data.

Users' personal data will be kept for as long as their HEYDIGA account remains active for the purposes for which it was provided, provided the User has not withdrawn consent by requesting deletion of the account or erasure of certain personal data from the Platform.

Afterwards, where necessary, HEYDIGA will keep the information blocked for the periods established by law.

HEYDIGA undertakes to comply with its duty of secrecy and confidentiality regarding personal data in accordance with the applicable legislation.

8.- Users' rights

Users have the right to:

• Access their personal data;
• Request rectification of any inaccurate data;
• Request erasure of their data;
• Request restriction of the processing of their data;
• Object to the processing of their data;
• Request the portability of their data;
• Users also have the right not to be subject to decisions based solely on automated processing of data.

Users may exercise all these rights at the following email address: dpo@heydiga.com, stating the reason for the request.

Users may also send their request by ordinary post to the following postal address at Calle Passeig De Gracia, 50, 5 08007 Barcelona - Spain (Spain).

Communications addressed to HEYDIGA must contain the following information:

• The User's first name and surname.
• The specific request being made.

Without prejudice to any other administrative remedy or legal action, Users have the right to lodge a complaint with a Supervisory Authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement, where they consider that the processing of their personal data does not comply with the regulations, and also where the exercise of their rights has not been satisfied. The supervisory authority with which the complaint was lodged will inform the complainant of the progress and outcome of the complaint.

9.- Data security

Protecting Users' privacy and personal data is very important to HEYDIGA. HEYDIGA has therefore taken every measure within its reach to prevent data from being used improperly, allowing access only to authorised staff.

HEYDIGA maintains security appropriate to the protection of personal data in accordance with the applicable legislation and has put in place every technical means within its reach to prevent the loss, misuse, alteration, unauthorised access to and theft of the data provided by Users through the Platform, while informing them that security measures on the Internet are not impregnable.

HEYDIGA undertakes to comply with the duty of secrecy and confidentiality regarding personal data in accordance with the applicable legislation.

HEYDIGA will not be liable for any damage arising from the User's failure to comply with this obligation.

10.- Disclosure to third parties

HEYDIGA informs Users that their personal data will not be disclosed to third-party companies or entities, except where strictly necessary for the performance of the contracted services or in compliance with a legal obligation. In particular, it may be communicated to financial institutions, payment gateways or technology operators solely in order to process payments, handle technical incidents or provide operational support for the Platform's features.

Under no circumstances will international transfers of data outside the European Economic Area be carried out without first ensuring compliance with the appropriate safeguards required by the applicable regulations, such as adequacy decisions of the European Commission, standard contractual clauses or equivalent mechanisms.

Users' data will be used exclusively by HEYDIGA to fulfil the purposes set out in point 5 of this Privacy Policy and will be handled with the utmost confidentiality and security, without being shared with third parties for commercial or advertising purposes without the User's prior express consent.

11.- Changes

HEYDIGA reserves the right to review its Privacy Policy whenever it considers appropriate. For that reason, please check this Privacy Policy regularly to read the most recent version.

Nevertheless, any change made to this Privacy Policy will be communicated to Users.

12.- Links to websites

HEYDIGA's Platform may include links to third-party websites, such as external companies, platforms or entities. HEYDIGA is not responsible for the way those entities manage privacy and the processing of Users' personal data.

For that reason, we recommend that Users carefully review the privacy policies and terms of use of any external website they access through links on the Platform, as their conditions may differ from those set out by HEYDIGA.

The inclusion of these links on the Platform does not necessarily imply approval, supervision or responsibility on the part of HEYDIGA for the content, services or privacy policies of the linked pages.

13.- Questions

If you have any questions about our Privacy Policy, please contact us by sending an email to: info@heydiga.com

Likewise, if you consider that your rights are not properly safeguarded, you have the right to lodge a complaint with the Spanish Data Protection Agency, whose contact details are:

• Telephone: 900 293 183
• Postal address: C/Jorge Juan 6, 28001 Madrid
• Electronic office: https://sedeaepd.gob.es/sede-electronica-web/
• Website: https://www.aepd.es

14.- Languages of this policy

This Privacy Policy is published in Spanish, Catalan, English, French, Italian and Portuguese. In the event of any discrepancy between versions, the Spanish version shall prevail.