Confidentiality and security are core values for CLEARPEAKS, S.L.U and, consequently, we are committed to always guaranteeing the user’s privacy and to not collecting unnecessary information. Here we will provide you with all the necessary information about our Privacy Policy regarding the personal data that we collect, explaining to you:

• Who is the Data Controller.
• For what purpose do we collect the data we request.
• What is the legitimation for its processing.
• During how long do we keep it.
• To which recipients is your data sent.
• Which are your rights.

 1. Data Controller CLEARPEAKS, S.L.U

CLEARPEAKS, S.L.U.

Travessera de Gracia nº 56, 6º-1ª

08006 – Barcelona

B-43548569

Finance@clearpeaks.com

Hereinafter referred to as “ClearPeaks”, “we”, “us” or the ” Data Controller”.

The present Privacy Policy covers all the personal data collected and used through the Observation Deck Platform (hereinafter referred to as the “Platform” or “Observation Deck”, instinctively).

 2. Personal Data

Personal Data refers to any information or data that can identify you, either directly or indirectly.

In this regard, the personal data collected by ClearPeaks include:

• Information you provide directly to us when you create an account on Observation Deck Community: When you create an account, we collect your full name and corporate email address.
• Information you indirectly provide to us when using the Platform:
  • Information about how you use our services, the functions you use and the actions you take (IP address).
  • Information derived from your use of the Platform in aggregate form to implement improvements to how the Platform works and to provide you with recommendations that may be of interest to you (IP address).

You guarantee that all the data about your identity and legitimacy provided to ClearPeaks in the corresponding forms of the Platform are true, accurate and complete. Likewise, you undertake to keep your data up to date. In the event that you provide any false, inaccurate or incomplete data or if ClearPeaks considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of the same, ClearPeaks may deny you access and present or future use of the Platform or any of its contents and/or services.

The obligation to provide us with your personal data and consequences of not doing it.

The provision of Personal Data requires a minimum age of 18 years or, where appropriate, sufficient legal capacity to contract.

The personal data requested are necessary to process your requests and/or provide you with the services you have expressed an interest in. Therefore, if you do not provide them, we will not be able to attend to you correctly or provide you with the services you have requested.

In any case, we reserve the right to decide whether to include your personal data and other information in our databases.

• Similarly, we also collect information that you provide to us indirectly when you create an account and use our services:
  • Information about how you use our products, the features you use, the actions you take, the people or accounts you interact with and how you interact with them.
  • Information derived from your use of the Platform in aggregate form to implement improvements to the operation of the Platform and to provide you with recommendations that may be of interest to you.

 3. Purposes of the Processing of your Personal Data

The personal data provided through the use of the Platform are necessary to:

• Identify you as a user and be able to give you access to the different functionalities, products and services that are available to you as a user of the community.
• To carry out a correct management of the services and to provide the requested service.
• To manage and follow up the contractual and pre-contractual relationship with you.
• Communicate with you, including by email (only if you agree), regarding new services, updates or any other matter which we think may be of interest to you.
• Improve, develop and test our Platform.
• Protect the rights, property and/or safety of Observation Deck.
• Create aggregated and anonymized statistics or data that do not identify any User.

4. Legitimation for the Processing of Personal Data

• Registration and use of the Platform: The processing of your data is necessary for the execution of the services offered on the Platform. The basis of legitimacy in is your express consent at the time of registration on the Platform, as well as the execution of the contractual relationship through the acceptance of the Terms and Conditions of the Platform.In addition, we consider that we have a legitimate interest in carrying out the necessary checks to detect and prevent possible fraud when you register on the Platform.

• Quality: We consider that we have a legitimate interest in analysing the usability of the Platform and the degree of user satisfaction, as the aim is to improve the user experience and offer a higher quality
• Sending of commercial communications: The legitimate basis is the express consent that you give us.

5. Recipients of Your Personal Data

Your Personal Data may be communicated to third parties, that is:

• Third parties who help us provide IT services, such as providing the Platform, hosting, maintenance and support services for our databases, as well as our software and applications that may contain data about you.
• Third parties that help us provide digital services and reviews, CRM, web analytics and search engine.
• When you choose to use third-party applications, websites and other services that use or are integrated with Observation Deck, these platforms may receive information.
• Advertising, marketing, digital media and social media agencies to help us deliver advertising, marketing and campaigns, to analyse their effectiveness and to manage your contact and enquiries.
• Authorized ClearPeaks staff.
• Third parties for compliance with a legal regulation.

In any event, we will ensure that any communication of your personal information by us or by third parties with whom we share your personal information complies with applicable laws.

6. Conservation of your Personal Data

We will retain your personal data for the duration of the relationship with the Company so that you can use the Platform free of charge and/or for as long as necessary to comply with legal necessary to comply with legal obligations.

In any case, your personal data will be retained for the period of time that we need for the purpose of using the Platform or, if applicable, until You request the deletion of Your personal data.

By deleting your account, we will delete all your personal data. In any case, your data may be retained by law for the prescribed period of time, however, such data will be blocked.

When we no longer need to use your personal information, it will be deleted from our systems and records or made anonymous so that we can no longer identify it.

7. Rights Regarding your Personal Data

Anyone can withdraw their consent at any time, when it has been granted for the processing of their data. In any case, the withdrawal of this consent implies the execution of the subscription contract or the relationships generated previously.

Likewise, you may exercise the following rights:

• Request access of your personal data or rectification when they are inaccurate.
• Request its suppression when, among other motives, the data is no longer necessary for the purpose it was collected.
• Request the limitation of its processing in determined circumstances.
• Request the opposition to the processing of your data for reasons related to your particular situation.
• Requesting the portability of the data in the cases set forth in the regulations.
• Other rights recognized by the applicable regulations

Where and how to request your Rights: By means of a written letter to the data controller at the postal or e-mail address (indicated in section 1), indicating the reference “Personal Data”, specifying the right you wish to exercise and in respect of which personal data.

In case of divergence with the company regarding the processing of your data, you can file a claim before the Data Protection Agency (www.agpd.es).

8. Safety of your Personal Data

With the purpose of safeguarding the safety of your personal data, we inform you that we have adopted all the technical and organizational measures to guarantee the safety of the personal data provided from alteration, loss and unauthorized processing or access.

9. Update of your Data

It is important that, in order for us to be able to keep your personal data updated, you always inform us if there has been any modification in it, otherwise we cannot guaranty its veracity.

We are not responsible for the privacy policy regarding the personal data that you may facilitate to third parties through the eventual links available in our Platform.

10. Contact

If you have any questions or concerns about how we process and use your personal data or wish to exercise any of the rights described above, please contact finance@clearpeaks.com.

Publication date: 22 of June 2023