Privacy Policy

Effective May 25, 2018

The Construct takes data privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights. 

We recommend that you read this privacy policy in full to ensure you are fully informed.

If you have any questions or concerns about our use of your Personal Information, you can contact us directly at info@theconstructsim.com.

 

How We Collect and Use Information

We collect the following types of information about you:

INFORMATION WE COLLECT FROM YOU DIRECTLY

• Account information: You can browse our site without providing personal information, but you must register in order to access most of the features of our service. We ask for certain information such as your username, email address and password when you create an account, or if you correspond with us.
• Messages and User Content: We may retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service.
• Third-party email operator: we may collect your information through third-party email marketing service operator (Mailchimp) For more information, please read their Privacy Policy and Terms.

We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages. We may also send you Service-related emails (e.g. account verification, marketing email, changes or updates to features of the Service, technical and security notices).

All information collected is stored in our servers of Amazon AWS in Ireland. We do not transfer that information to servers in other countries.

INFORMATION WE MAY RECEIVE FROM SOCIAL NETWORKING SITES

If you create an account on our website through a third-party connection or log-in, for example through Facebook or Google, that third party may pass certain information about your use of its service to The Construct. This information could include the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join The Construct. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the The Construct Service.

 

INFORMATION AUTOMATICALLY COLLECTED

We automatically collect certain types of usage information when you visit our website or use our Service. When you visit the Site, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g. the pages you view, the links you click and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ pixels which are used to anonymously track the online usage patterns of our Users. In addition, we may also use pixels in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service.

We use or may use the data collected through cookies, log file, device identifiers, location data and pixels information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service. We may associate information we automatically collect with your other information.

To which recipients will your data be communicated?

The data will not be communicated to third parties except when legally obligated.

What are your rights when you provide us with your data?

Under the General Data Protection Regulation (GDPR), anyone has the right to obtain information about whether THE CONSTRUCT is processing personal data that concerns them, or not.

Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or deletion, where appropriate.

You can materially exercise your rights in the following way: by sending an email to info@theconstructsim.com, duly identifying yourself and expressly indicating the specific right you wish to exercise.

For deletion requests, the user can exert this right by himself, by using the Delete Account option at any time. Once deleted, we will not keep any of his information in our servers, including projects, chats or else.

In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.

If you have given your consent for a specific purpose, you have the right to withdraw the consent granted at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

In case you feel your rights are violated in relation to the protection of your personal data, especially when you have not obtained satisfaction in the exercise of your rights, you can submit a claim to the competent Data Protection Control Authority through of its website: www.agpd.es

1. IDENTIFYING DATA

In compliance with the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), the following data is hereby stated:

• The company owning this web domain is THE CONSTRUCT SIM, S.L (hereafter THE CONSTRUCT)
• Address on Carrer Pallars, number 111, 4º-3ª,  Barcelona (08018), SPAIN
• European C.I.F. number: ES-B66615543 registered at the B-474075, 45007, 29.
• Contact email address: info@theconstructsim.com 

 

2. USERS

The access and/or use of online platform THE CONSTRUCT attributes the condition of USER, to whom accepts from such access or use, the Terms and Conditions of use hereby stated.  The established Conditions will be applied regardless of the Contracting General Conditions which, in such case, result in obligatory compliance.

 

3. USE OF THE ONLINE PORTAL

theconstructsim.com gives access to a variety of information, services, programs or data (hereafter “content”) on Internet belonging to THE CONSTRUCT or to the licenses the USERS might have access to.  THE USER assumes responsibility of the use of the online portal.  Such responsibility extends to the necessary registration to access specific services or content.

In such registration, the USER will be responsible for providing truthful and legal information.  As a consequence of this registration, the USER could be provided with a password. The USER will be responsible for the password and will be committed to make confidential and diligent use of it.  The USER commits to making good use of the content and services (for example chat services, discussion forums or groups) that THE CONSTRUCT offers through its online portal and with notifying character and in no case limiting to not use them to (i) incur in illicit or illegal activities or against good faith and public order; (ii) spread propaganda with racist, xenophobic, pornographic-illegal, advocacy of terrorism or any attempt towards human rights violations content: (iii) cause damage to the physical and logical systems of THE CONSTRUCT, its providers or third parties, introduce or spread viruses in the net or any other physical or logical systems which are susceptible to causing the aforementioned damage; (iv) attempt to access or in its case, use other users’ email accounts or modify or manipulate their messages.  THE CONSTRUCT reserves the right to remove all those comments or contributions which affect another person’s dignity, which are discriminatory, xenophobic, racist, pornographic, attempt against childhood or youth, order or public safety or which are not appropriate for publication.  In any case, THE CONSTRUCT will not be responsible for the USERS opinions through forums, chats or other participation tools.

 

4. DATA PROTECTION

THE CONSTRUCT follows the guidelines of Regulation (EU) 2016/679 of the European Parliament and of the Board of 27 April 2016 and other regulations applicable in the field of Data Protection, and ensures the correct use and processing of the users’ personal data.  For this, along with each personal registration form, in the services that the user might request from THE CONSTRUCT, will advice the user of the existence and acceptance of the conditions and processing of data in each case, informing of the responsibility of the file created, the responsible address, the possibility to enforce its access rights, amendment, cancellation or opposition, the purpose of the procedure and the communication of data to third parties.

Additionally, THE CONSTRUCT informs that it fulfills Law 34/2002 from 11th July of the Society Information Services and Electronic Trade of Spain (Servicios de la Sociedad de la Información y del Comercio Electrónico) and will request its consent to the processing of its email with commercial purposes only.

 

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

THE CONSTRUCT by itself or as an assignee, is the intellectual and industrial property right holder of its web page as well as the elements within the page (including images, sound, audio, video, software or texts; brands, logos, color combination, structure, design, selection of used material, necessary computer programs, access, use etc), assignee of THE CONSTRUCT or its licensors.

All the rights reserved. In accordance with articles 8 and 32.1, second paragraph, from the Intellectual Property Law of Spain, the reproduction, distribution and public communication including its disposition form, of the totality or part of the contents of this web page, with commercial means, under any support and through any technical method are strictly prohibited without the authorization of the THE CONSTRUCT. The USER is committed to respect the rights of the Intellectual and Industrial Property owned by THE CONSTRUCT. The USER could visualize the elements of the web portal and even print, copy or save them in their computer hard drive or in any other physical support as long as it is solely for personal and private use. The USER must abstain from removing, changing, avoiding or manipulating any protection device or security system that may be installed in the THE CONSTRUCT pages.

 

6. SUSPENSION OF WARRANTY AND RESPONSIBILITY

THE CONSTRUCT is not responsible, under any circumstances, of the damages and losses of any kind that could cause including but not limited to: mistakes or omissions in the contents, lack of availability of the web portal or the transfer of virus or malicious or wrongful programs in spite of having adopted all the necessary strategies to prevent it.

THE CONSTRUCT can not guarantee the absolute invulnerability of the systems, therefore, it does not assume any responsibility for the damages and losses derived from alterations that third parties may cause in the computer systems, electronic documents or files of the user.

7. MODIFICATIONS

THE CONSTRUCT reserves the right to undergo any modification to the web portal, which might be necessary, without previous notice, being able to change, delete or add content or services given through the page as well as the way these are presented or located in the web portal.

8. LINKS

In the case that in theconstructsim.com there were links or hyperlinks to other internet sites, THE CONSTRUCT will not exert any type of control over such sites and their contents.  In no case will THE CONSTRUCT assume any responsibility for the contents of a link belonging to an external web site, nor will it guarantee the technical availability, quality, credibility, accuracy, validity and constitutionality of any material or information contained in any of such links and hyperlinks or other internet sites.

Equally, the inclusion of these external links will not imply any type of association, merge or participation with those entities.

 

9.  EXCLUSIONARY RIGHT

THE CONSTRUCT reserves the right to refuse or withdraw the access to the portal and/or its offered services without previous notice, personally or through a third party, to those users who breach the present Privacy Policy document or our Terms and Conditions.

 

10. GENERALITIES

THE CONSTRUCT will pursue any breach of the present conditions as well as any inappropriate use of the web portal applying all the civil and criminal actions which, by right, may belong to it.

 

11. MODIFICATION AND DURATION OF THE PRESENT CONDITIONS

THE CONSTRUCT may modify at any moment the conditions hereby established, being properly published as they appear.

The validity of the aforementioned conditions will go in accordance to their exposure and will continue to be effective until duly published or until replaced for other.

 

12. APPLICABLE LEGISLATION AND JURISDICTION

The relationship between THE CONSTRUCT and the USER, will operate under the current Spanish rule and any controversy will be submitted to courts in the city of BARCELONA.