Privacy Policy

  1. Introduction

    The purpose of this Policy is to inform our users about the processing that will be carried out on the personal data collected through the mobile application “bcleverapp” (hereinafter, the “bclever App”) or through the website www.bclever.ai (hereinafter, the “Website”).

    Hereinafter, the bclever App and the Website may be jointly referred to as the “Platform”.

    Access to and use of the Platform grants you the status of user (hereinafter, “User(s)” or “You”) and implies knowledge and acceptance of all the conditions included in this Privacy Policy.


  1. Who is the Data Controller?

    Identity: BCLEVER PAYMENTS, S.L (hereinafter, bclever or “We”)
    Tax ID No.: B87680302
    Postal address: C/Manuel Tovar 49, 28034 Madrid.
    Telephone: 910 520 857
    Email: hello@bclever.ai

    INFORMATION PROVIDED BY THE USER:

    Most of the personal data collected by our Platform is provided by You directly through the following means:

    1. User Registration: Here we may ask You for your first name, last name, date of birth, telephone number, sex, and email address. If You do not provide us with this information, You will not be able to register on the Platform.

    2. “My profile” tab in the bclever App: Through this function available in the downloaded bclever App, You may voluntarily complete some of your profile information, such as your ID document number and profile photo. You may also modify other data already provided

    3. Website contact form: (i) through this form we will collect your name, email address, and the reason for your communication.

    4. Sending emails: if You send us an email, the personal data that You provide in that email, such as your name, email address, and the reason for your communication

    5. Wish List: if You voluntarily provide BCLUBBER with additional information about your likes and preferences through this function.

    6. Satisfaction surveys: from time to time, BCLUBBER may ask You to participate in surveys about the quality of the products and services offered by the Platform.

    Additionally, BCLUBBER may obtain extra information derived from the use You make of our Platform, such as:

    When You make advance purchases of the products or services offered by the Venues through the Platform, as well as payment for consumptions at venues affiliated with the Platform using the payment function of the bclever App (“bPay”), data relating to such purchases.

    Historical data on purchases and payments made, campaigns in which You have participated, venues visited, invitations received, etc.

    When You make ratings or comments about a particular venue or service, as well as when You use the Platform’s chat functionality

    When You use the Platform, we may record data that may be associated with the User regarding the details of your interaction with the Platform (e.g., searches performed, sections visited, etc.).

    Information about the device on which You have the bclever App installed and other technical data such as the type of connection used, operating system and version, etc.

    If You have enabled the “location” function on your mobile device and the bclever App is open, data about your location. For example, the approximate location from which a push notification is received or accessed.

    We inform You that the use of the various forms and/or functionalities enabled on the Platform is voluntary. However, some fields are necessary in order to properly process your request (e.g., contact details to register on the Platform), while the inclusion of personal data in the remaining fields is voluntary or ancillary (e.g., ID document number, profile photo, others). The User’s refusal to provide the information required in the mandatory fields will prevent BCLUBBER from providing the Platform’s services.

    The rest of the information that may be obtained is not mandatory, although it may be useful in order to make better use of some of the Platform’s functionalities and for a better user experience. Please note that some data obtained when You interact with the Platform (such as when You make a payment or a purchase) is necessary and is obtained automatically. However, some privacy functions on your mobile device may limit the information obtained in these cases (for example, the location function).

    INFORMATION PROVIDED BY OTHER USERS OF THE PLATFORM:

    In certain cases, other Users of the Platform or the venues themselves through their promoters may provide us with certain information about You:

    1. Invitations: when a venue or a venue promoter invites You to a consumption or any other venue product or service, we will receive information about You and about the venue where You were invited. If You are not a registered user, BCLUBBER will receive your phone number and/or email address solely for the purpose of offering You the possibility of signing up on the Platform and, in that case, managing such invitation. If You do not sign up on our Platform, we will not be able to manage such invitation and, therefore, You will lose the right to enjoy it

    2. User registration through your social media profile: If You wish to register using a social media profile accepted by bclever (e.g., Facebook, Instagram, or Google), we will receive the following data: profile photo, first name and last name, email, sex, and age.


  1. For what purpose do we process your data?

    In general, we use your data to provide You with the different services of the Platform. In particular, some of these purposes are as follows:

    1. When You make purchases through the Platform, as well as when You use the bclever App to pay for consumptions at venues affiliated with BCLUBER, we use your data to manage the payment and transfer your information (first name, last name, email, and telephone number, amount, and time) and the contracted products and services to such venues.

    2. To manage your claims or complaints when any kind of issue arises during the processing of your purchases or reservations or in payment intermediation, and we may request new data or confirm the data already collected when necessary or for fraud prevention purposes.

    3. For analytical and statistical purposes and to know your assessment of the venues affiliated with the Platform.

    4. To personalize access to and use of the Platform (for example, by suggesting content or products when You visit the Platform based on the sections visited, searches performed, or your purchase history) or proposing visits to venues near your location.

    5. Subject to the User’s prior authorization when required, to send You commercial and non-commercial communications by any means, including electronic means (SMS, push notifications, email, etc.), personalized or not, about the products and/or services offered through the Platform, as well as about third-party products and services or events or other activities carried out or sponsored by BCLUBBER or by collaborating third parties.

    6. To improve the User’s experience on the Platform, through the processing of the additional data provided by the User in the “Wish List” and in the settings of the “My profile” tab, allowing, for example, other users who use the Platform to be found and to find You by activating the location option in your bclever Account.


  1. What is the legal basis for processing?

    The legal bases for processing your personal data are:

    1. The consent given by Users in the case of:

    Sending commercial communications to Users by electronic means or equivalent means, as well as sending push notifications. For these purposes, the sending of push communications shall be understood as consented to when You activate this function in the bclever App.

    1. The performance of a contractual relationship in the case of:

    • Managing access to the Platform and its functionalities, and responding to requests sent by Users via email.

    • Managing the delivery/provision and payment of the products/services purchased by the User through the Platform (purchases and reservations), and intermediation between Users and venues affiliated with the Platform.

    • When it is necessary to contact Users in the event that any type of issue arises during the processing of their purchases or reservations or in payment intermediation.

    1. Compliance with legal obligations, in the cases of:

    Communications to Public Administrations in order to comply with applicable regulations (e.g., to the AEAT in accordance with tax regulations).

    1. BCLUBBER’s legitimate interest, in the cases of:

    • Conducting satisfaction surveys regarding the quality of the products and services offered by the Platform, as well as assessments of venues affiliated with the Platform.

    • Other processing operations that make it possible to personalize access to and use of the Platform

    • When necessary for fraud prevention.


  1. To which recipients will we disclose your data?

    BCLUBBER may disclose your data to venues affiliated with the Platform for the delivery/provision of the products/services purchased by the User through the Platform and the issuance of the corresponding invoice or, where applicable, for the application of benefits/discounts and/or invitations granted to Users.

    Outside these cases, we will not disclose your data except where it is mandatory under applicable laws, such as, for example, disclosure to the Tax Administration when required by tax regulations.


  1. How is user information shared?

    Your profile information (first name and last name, as well as photographs included in your profile) will not, in principle, be accessible to other Users. However, You may voluntarily disable the “private profile” function in the bclever App so that such information will be accessible to the rest of the Users. For example, your profile may be visible through the Platform’s chat functionality when a User goes to the same venue as You. Additionally, other information that You decide to share, such as the information available to your contact list, or messages, comments, or ratings about venues, will also be public to all Users of the Platform when You have disabled the “private profile” function.

    Accordingly, when You disable the “private profile” function, You allow BCLUBBER and the Users to access and use such information and associate it with You, and it may even become known to third parties outside the Platform (information that Users may share outside the Platform, information accessible through search engines, etc.).


  1. Third-party information

    Unless the User has the appropriate authorizations, the communication to BCLUBBER of data relating to third parties is prohibited. The User guarantees that they have obtained the consent of such persons for the communication to BCLUBBER, for example, when using the “Shared Payment” or “Invite” function, after having previously informed them of the terms contained in this Privacy Policy.


  1. Minors

    The Platform is exclusively intended for persons over 18 years of age. Therefore, if the User is under that age, they are expressly prohibited from using or registering on it. For these reasons, no parental authorization system is provided to allow access to the Platform and, by using it or registering on it, the User guarantees that they are over such age.


  1. Accuracy and currency of the data

    The User guarantees that the data provided to BCLUBBER through the Platform or by any other means is accurate and truthful and is responsible for informing us of any changes thereto, and this company is exempt from any type of liability in this regard. Without prejudice to the functionalities that the Platform may at any time offer to rectify or update your personal data, the User must contact BCLUBBER to communicate any modification to their data in accordance with the provisions of the section What are your rights when You provide us with your data? of this Privacy Policy.


  1. How long will we keep your data?

    We inform You that your personal data will be kept only for the time necessary to provide You with the services offered through the Platform.

    In particular, when You register as a User of the Platform, your data will be stored until the User deletes their account. To unsubscribe from the Platform, send us an email to hello@bclever.ai

    However, after this period, the data may be blocked and kept by BCLUBBER for the handling of any potential liabilities arising from the processing and only for the statutory limitation period applicable to such liabilities. After the aforementioned periods have elapsed, the personal data will be deleted by BCLUBBER.


  1. Confidentiality and Security of information

    BCLUBBER will process your data at all times in an absolutely confidential manner and in accordance with the uses and purposes set forth in this Privacy Policy. Likewise, BCLUBBER has adopted the appropriate technical and organizational measures required by applicable regulations to guarantee the security of personal data and thus prevent its alteration, loss, unauthorized processing, or unauthorized access, taking into account the state of technology.


  1. What are your rights when You provide us with your data?

    At any time, You may request confirmation from BCLUBBER as to whether your personal data is being processed by Us and, if so, access to it. Likewise, You may request the rectification of inaccurate data or, where applicable, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

    Likewise, under certain circumstances, You may request that we restrict the processing of your data, in which case we will only keep it for the exercise or defense of claims. You may also object to the processing of your data under certain circumstances. BCLUBBER will stop processing the data, except for compelling legitimate grounds or the exercise or defense of possible claims.

    For these purposes, You may use the following channels, always enclosing a photocopy of your ID document or any other document that allows your identity to be verified:

    • By letter to the address: C/Manuel Tovar 49, 28034 Madrid (for the attention of BCLEVER PAYMENTS, S.L)

    • By email to hello@bclever.ai

    Finally, we inform You that You have the right to file a complaint with the Spanish Data Protection Agency if You become aware of or consider that an event may involve a breach of the applicable data protection regulations.


  1. Use of Cookies

    The Platform uses first-party and third-party cookies. For more information, please see our Cookies Policy.


  1. Linked Sites

    The Platform may contain links to other websites outside BCLUBBER, so we cannot guarantee and are not responsible for the processing of personal data that the User provides on those websites. Consequently, we recommend that You review the privacy policies of such sites.


  1. Updates and changes to the Privacy Policy

    BCLUBBER reserves the right to make modifications to this Privacy Policy, and therefore Users are advised to visit it periodically.

    When significant changes occur in this Privacy Policy, they will be communicated to Users for acceptance through notices on the Platform, or by email, or by any other appropriate procedure depending on the circumstances.

    If You have questions about the Privacy Policy, You may contact us at this email address: hello@bclever.ai