Privacy Policy

NBN23 SLU APPLICATIONS PRIVACY POLICY

	BASIC INFORMATION
Data controller	NBN23 SL CIF: B40634206
	Codorniu Street , 27. Wellness 1 Building , 3rd Floor – Postal Code 46980, Madrid, Spain. Email: DPO@nbn23.tech Data Protection Officer : DPO@nbn23.tech
Purposes of processing personal data	Manage and maintain the business relationship. Manage registration in the NBN23 applications requested by the user, based on the program selected by the user, as well as perform periodic billing, if applicable. Provide commercial and advertising information based on the permissions granted by the user. Respond to requests for information. Send commercial communications of our own or of third parties. Offer commercial communications and personalized services based on the obtaining of profiles and segmentation tasks. Manage user data if the user has accessed the site through social networks.
	Data retention periods: As long as the commercial relationship is maintained or its deletion is not requested by the interested party, they should not be deleted because they are necessary for compliance with a legal obligation or for the formulation, exercise and defense of claims.
Fountain	Provided by the user at the time of making any query or requesting information, registering as a user (name and surname, email, telephone number, age, sex). Obtained through browsing the website (cookies). Obtained through user login on social networks. Data inferred as a result of your use and activity in NBN23 applications (device ID; advertising ID or Mobile Advertising ID; identifier for advertisers that allows them to identify your device in order to track your activity between NBN23 applications and third-party applications; interactions with the communications sent.)
Legal basis	The execution of the contract with the user. NBN23’s legal obligations. NBN23’s legitimate interest, in relation to those processing activities necessary for fraud prevention, or commercial communications related to its products or services. User consent for the sending of commercial communications and transfer of data to third parties, as well as the evaluation of user habits to offer personalized content and dissemination of NBN23 applications. Please be advised that in the iOS version of the Platform, Apple will ask for your permission to use your device’s advertising identifier by NBN23 for any purposes that require it.
Data transfers	All of them are necessary for the fulfillment of the aforementioned purposes or are carried out in compliance with a legal obligation. Public administrations, suppliers for the provision of the requested services, collaborating companies and entities.
Rights of interested parties	They will be exercised by email: DPO@nbn23.tech , or at the registered office of NBN23: Calle Juan de la Cierva y Codorniu , 27. Edificio Wellness 1 3rd Floor – Postal Code 46980, Madrid, Spain.
	We inform you that you may exercise, where appropriate, the rights of access, rectification or deletion, limitation of processing, opposition, data portability or not to be subject to a decision based solely on automated processing, as well as to withdraw the consent given.
	You can file complaints with the Spanish Data Protection Agency: www.aepd.es , Spanish Control Authority
	More information in the complete Privacy Policy of this document.

1.- Identification of the Responsible Party and Scope of Application of the Privacy Policy

NBN23 SL (hereinafter “NBN23 ” ) is the Controller of your personal data for the purpose of providing you with the services identified in our application (“ Swish ”, “ Ingame ”, “ Swishverse ” ) or on our websites (“ Swishverse ” or the “ NBN23 Website ”).

NBN23 is a company with registered office at Calle Juan de la Cierva y Codorniu , 27. Edificio Wellness 1 3rd Floor – Postal Code 46980, Madrid, Spain and its tax identification number is B40634206.

NBN23 is committed to the fundamental right to the protection of your personal data and this privacy policy aims to inform you of your rights. This Privacy Policy explains the processing of personal data that takes place on our Swish , InGame , Swishverse , and other applications. and our websites NBN23 and Swishverse . If any specific processing features apply to any of them, we will highlight this.

We inform you that NBN23 has a Data Protection Officer in accordance with the GDPR, who is at your disposal for any questions or queries you may have in relation to this matter, and who you can contact at DPO@nbn23.tech .

• What information will we collect from you?

You should be aware that there are different ways of collecting personal data:

1. The data you provide directly to us.

We collect information about you when you register your account, contact us through the channels provided for this purpose, such as the contact form, or provide any other information voluntarily in order to participate in our promotions, activate user profiles or respond to our surveys.

For Swishverse , we may also process information about challenges (such as recorded videos, images, audios or comments provided by you), points accumulated, rewards available to you and your geolocation.

All fields marked with an asterisk (*) in the forms provided must be completed. Failure to complete any of them may result in the impossibility of providing you with the requested services. You must provide truthful information, and it is prohibited to impersonate anyone.

When providing any information that may be requested, you may not choose to use offensive expressions that coincide with trademarks, trade names, names or pseudonyms of public figures or celebrities whose use you are not authorized to make.

It is essential that you keep your reference data, passwords and access keys generated at all times. You will be solely responsible for the use of your personal account, and in this regard, you undertake to make diligent use of said information, not to make it available to third parties, and to notify us without delay of its loss or theft.

To ensure that the information provided is always up-to-date and error-free, you must notify NBN23 as soon as possible of any changes to your personal data.

Likewise, by clicking on the “I accept” button (or equivalent) included in the aforementioned forms, you declare that the information and data you have provided are accurate and truthful.

• Data obtained indirectly.

When you browse our websites, different cookies and other tracking devices may be installed on your device, as explained in our NBN23 Cookie Policy [LA 1 ] and Swishverse Cookie Policy [LA2] .

When using our mobile applications ( Swish , Swishverse , InGame ) we will process the data you provide directly in the mobile application (email, name, surname, country and teams, players) and other data inferred as a result of the use and activity you carry out in the application (such as the device ID; Advertising ID or Mobile Advertising ; ID for advertisers that allows us to identify your device in order to track your activity between NBN23 applications and third-party applications; operating system; device model or your interactions with the communications we send you via push notification , in-app , where applicable).

We may also obtain your personal data through the user’s login on the social network, when you select this option to subscribe to Swish , Ingame or Swishverse (name and surname, ID, email address) .

• What is the source of your data?

We consider that all data processed by NBN23 has been freely provided to us.

In the event that the personal data provided belongs to a third party, you guarantee that you have informed them of this Privacy Policy and have obtained their authorization to provide the data to NBN23 for the purposes indicated above. You also guarantee that the information provided is accurate and up to date, and that you are responsible for any direct or indirect damage or harm that may be caused as a result of failure to comply with this obligation.

• How will we use your personal information and what services will we provide to you?

NBN23 acts as the controller of personal data for the following purposes:

1.- Based on compliance with a legal obligation:

1. Allow users to exercise their rights.
2. Comply with applicable regulations and cooperate with the competent authorities.

• Depending on the management of the contractual or pre-contractual relationship:

1. To manage your registration as a user in our applications, as well as to allow your access.
2. To provide you with the services and content you have requested and respond to your requests for information, as well as to facilitate the exercise of your rights.
3. For Swishverse , to manage the challenges, your points and rewards available to you.
4. In- app notifications related to the APP, such as changes to the privacy policy, legal notice or terms and conditions of use of the Application, announcements about new features, etc.).

2.- Based on the existence of a legitimate interest of NBN23:

1. To keep you informed about NBN23 products and services, as well as to send you news, events and other activities that we carry out at Swish , InGame and Swishverse , by conventional and/or electronic means (pop-ups, e-mails), related to the products or services that we provide and that may be of interest to you.
2. Push notifications about application services.
3. Conduct periodic reviews of our services and community in order to promote basketball, develop new content and services, market analysis, and conduct satisfaction surveys in order to evaluate and improve the quality of the service we provide.
4. Conduct internal reviews to prevent fraud, moderate the content of challenges and, where appropriate, contact the user if possible fraud or identity theft is detected or there are reasonable suspicions.

However, if you do not wish for your data to be processed for these purposes, you may object at any time by contacting us at DPO@nbn23.tech as indicated in the Rights Management section of this Privacy Policy.

3.- Based on the explicit, free and unequivocal consent that you give us at the time of collecting your data:

1. Carry out segmentation and profiling tasks based on your interests and through the analysis of the use of the services offered, such as browsing history or reservations made through the website or the App, in order to adapt the content, challenges and promotions to each client, offering personalized services and information.
2. To keep you informed about third party products and services, always sent through NBN23, and provided that you have given us your explicit consent to do so, by conventional and/or electronic means (emails, SMS, push notifications). in- app …), relating to products related to basketball, entertainment, travel, culture, art, music, gastronomy, the environment, sport or technology. For this purpose, NBN23 will process your email address, telephone number and user ID.
3. To share your personal data with third parties in order to promote their products and services.
4. For Swishverse , to share your challenge content on NBN23 social media and other communications in order to promote the website and app.
5. Profiling. If you give us your permission, NBN23 will create a comprehensive profile of you to improve its marketing campaigns, offering you personalized advertising, information, services and products by sending you personalized commercial communications by email, SMS or other instant messaging channels, sending you personalized push or in-app notifications (provided you have given consent for the purpose “Commercial Communications”) or showing you banners with personalized advertising on websites, applications or social networks about products related to sport and, specifically, basketball. For this purpose, we will process your name and surname, application ID, operating system and telemetry data, for example, clicking on a certain content or the time you remain on it).

Processing activities are subject to your freely given, specific, informed and unequivocal consent, and if you no longer wish for your data to be processed for any of these purposes, you may withdraw your consent at any time by contacting us at DPO@nbn23.tech , as indicated in the “Exercising Your Rights” section of this Privacy Policy.

Use of the identifier for advertisers on iOS devices (Apple).

• Use of the ID requires user tracking permission within Apple’s iOS operating system.
• At any time, the user may accept or reject tracking permission in the iOS settings of the user’s Apple device.

• Data transfers and international transfers.

All transfers of personal data that we carry out are necessary for the fulfillment of the aforementioned purposes, or are carried out to comply with a legal obligation:

1. To public administrations and the administration of justice, as well as to the State security forces and bodies in compliance with the legal obligations that apply to us.
2. To the courier companies we work with to deliver your orders.
3. Payment service providers (banks, payment gateways, etc.), in the event that the customer makes a payment through the service offered by one of these companies.
4. Companies providing IT services, tools or IT infrastructure on which the services provided by NBN23 are based, such as hosting providers, CRM and email service companies.

In this regard, we inform you that any transfer will be carried out taking into account all the necessary legal guarantees. We also guarantee that we sign specific contracts with all our service providers as established by law.

In addition, NBN23 ensures that the necessary safeguards are in place to ensure that data can be transferred securely, either because the provider offers adequate guarantees, through, among others, the signing of the European Commission’s Standard Contractual Clauses, or one of the exceptions contained in the regulations.

• Exercise your rights.

We inform you that you may exercise the following rights:

1. Rights of access to your personal data to know which are being processed and the processing operations carried out with them.
2. Right to rectify any inaccurate personal data.
3. Right to delete your personal data, where possible.
4. Right to request the limitation of the processing of your personal data when there is doubt about the accuracy, legality or necessity of the processing of the data, in which case we may retain the data for the exercise or defense of claims.
5. Right to object to the processing of your personal data when the legal basis that enables us to process it is legitimate interest.
6. The right to the portability of your data , when the legal basis that enables us to process it is the existence of a contractual relationship or your consent.
7. Right to revoke consent granted to NBN23.

You may exercise your rights at any time and free of charge in the following ways:

1. By sending an email to DPO@nbn23.tech , indicating the right you wish to exercise and your identifying details.

• By written request addressed to Calle Juan de la Cierva y Codorniu , 27. Edificio Wellness 1 3ª Planta – Post Code 46980, Madrid, Spain, indicating the right you wish to exercise and your personal data.
• In addition, when you receive any communication from us, by clicking on the unsubscribe section that will contain said communication, you will be able to unsubscribe from all previously accepted commercial communications.

We also inform you that you have the right to file a complaint with the Spanish Data Protection Agency, the Spanish Data Protection Authority, if you consider that we have infringed the applicable data protection legislation in relation to the processing of your personal data.

In addition, we inform you that you can register on the Robinson List at www.listarobinson.es: the advertising exclusion system managed by the Spanish Association for the Digital Economy (ADIGITAL), where you can register in order to express your opposition to your data being used for the purpose of sending you commercial communications.

Remember that if you are using the mobile application on Android or Apple, you can unsubscribe and delete your account directly through the ‘Profile’ section, ‘Consent Management’ section.

• Conservation periods and Cookies.

We will retain your data only for the time necessary to provide you with these services. Any data you provide to us through the channels will be blocked until it is no longer necessary to manage the service and will only be available if there is a legal obligation (derived from a request from the competent authorities) and when you exercise your rights.

• Registration in NBN23 applications: the data provided for registration in the APP will be kept as long as you do not request the deletion of your data, this purpose persists and, once it has ended, during the limitation period for any legal actions that may arise from it.
• In-app notifications related to NBN23 applications: the data provided for in-app notifications will be kept as long as you do not request the deletion of your data, this purpose persists, you do not object to them and, once finished, during the limitation period for any legal actions that may arise from it.
• Push notifications about APP services: the data provided for push notifications about APP services will be kept as long as you do not request the deletion of your data, this purpose persists, you do not object to the sending of the same and, once this purpose has been fulfilled, during the limitation period of the legal actions that may arise from it.

• Commercial communications: the data provided for commercial communications will be kept as long as you do not request the deletion of your data, this purpose persists, you do not revoke the consent granted or limit the processing and, once this purpose has been fulfilled, during the limitation period for any legal actions that may arise from it.
• Profiling : the data provided for profiling purposes will be retained as long as you do not request the deletion of your data, this purpose persists, you do not revoke the consent granted or limit the processing and, once this purpose has been fulfilled, during the limitation period for any legal actions that may arise from it.

Such personal data will be deleted when the indicated periods expire.

Regarding personal data obtained through the NBN23 and Swishverse websites , NBN23 uses Cookies in accordance with the Cookie Policies that you can consult here .

• Security and confidentiality.

We care about the security of your information. To prevent unauthorized access to or disclosure of personal data, we have adopted appropriate technical and physical measures and management processes to safeguard and protect the information we collect from you.

• Minors

Minors under 16 years of age may not use NBN23 services that require registration or identification as registered users of Swish , InGame and Swishverse , even with the representation of their father, mother, guardian or legal representative.

1. Privacy Policy Update

We do our best to keep our privacy policy updated regularly. If we make changes, these will be clearly identifiable in a visible way (for example, we may communicate changes to you via Swish , Swishverse or email).

This privacy policy has been revised and published as of October 9 , 2024 .

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