Privacy Policy

Version for lawyers 👩‍⚖️

HAPPYFORCE, S.L. (hereinafter referred to as “HAPPYFORCE”), with Tax Identification Number B-66581547 and registered address at Passeig Isabel II, No. 12, 08003 Barcelona, duly registered in the Mercantile Registry of Barcelona, Volume 44929, Folio 205, Sheet 471645, Entry 1, hereby states that it is the owner of the domain https://myhappyforce.com/  (hereinafter referred to as the “Website”) and the “Happyforce” application (hereinafter referred to as the “App”), in accordance with the obligations established in Law 34/2002, of July 11, on information society services and electronic commerce (hereinafter referred to as the “LSSI-CE”).

1. 1. Identity and contact information of the Data Controller

In accordance with the applicable data protection regulations, specifically Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR”) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter referred to as the “LOPDGDD”), the Data Controller is:

2. Protection of personal data in accordance with applicable regulations

HAPPYFORCE has adapted the Website and the App to comply with the GDPR and the LOPDGDD. To this end, it has implemented policies, means, and technical and organizational procedures to ensure and protect the confidentiality, integrity, and availability of personal data.

3. Principles applied to your personal information

In the processing of your personal data, we will apply the following principles, which comply with the requirements of the GDPR:

• • Lawfulness, fairness, and transparency: We will process your personal data in a lawful, fair, and transparent manner.

• • Purpose limitation: We will collect your personal data for specified, explicit, and legitimate purposes, and we will not process it in a manner incompatible with those purposes.

• • Data minimization: We will only collect and process personal data that is adequate, relevant, and limited to what is necessary for the purposes for which it is processed.

• • Storage limitation: We will retain your personal data for no longer than necessary for the purposes for which it is processed.

• • Integrity and confidentiality: We will process your personal data in a manner that ensures its security, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage.

4. Data collection and confidentiality

The data provided to HAPPYFORCE through different means, such as contact forms, surveys, or procedures used during collection, will be carried out in accordance with current data protection regulations and solely for the purpose of providing the informed service.

The transmission of data by the user of HAPPYFORCE’s services (hereinafter referred to as the “User”), particularly employees or managers of the client company, through the Website or the App, is done voluntarily, with prior information provided about the use and purposes of the data processing.

HAPPYFORCE informs the User that only the necessary information is collected to achieve the purpose of the processing, and only the data provided for the purpose(s) informed and subsequently authorized will be processed.

HAPPYFORCE, as the Data Processor, guarantees confidentiality in the processing of all personal data of the User to which it has access. The Data Processor, like any other person involved in any phase of the processing, is bound by strict professional secrecy, with a special commitment to adopt the necessary levels of protection and measures, both technical and organizational, to ensure the security of personal data and prevent its alteration, misuse, loss, theft, unauthorized access, or processing.

All information provided by the User to HAPPYFORCE must be truthful, and the User will be solely responsible for any false or inaccurate statements made and any damages caused to HAPPYFORCE or third parties.

HAPPYFORCE reserves the right to exclude from its services any User who has provided false data, without prejudice to any other legal actions that may be taken.

5. Personal data

Personal data refers to any information or data that can directly (e.g., your name or surname) or indirectly (e.g., your national identity document or ID) identify you. Personal data includes information such as email address, date of birth, professional category, gender, salary range, employer/company and other professional information, job titles, user-generated content, as well as any information generated by HAPPYFORCE in the course of providing services to the User in their activity. It may also include unique numerical identifiers such as your computer’s IP address or your mobile device’s MAC address, as well as information obtained through cookies.

6. Data processing and purposes of processing

HAPPYFORCE will process the following User data, manually and/or automated, for the following specific purposes:

The legal basis for HAPPYFORCE to carry out the processing of personal data for the provision of contracted services is the contractual relationship itself. In the case of data provided for requesting a demo or through a contact form, the legal basis is the consent of the data subject specifically requested for the given case. The legal basis for user interaction with HAPPYFORCE products and services is the consent of the data subject, obtained through acceptance of the corresponding privacy policy. For sending commercial communications and newsletters to HAPPYFORCE clients, legitimate interest may be used, but consent is required for processing data of users who are not HAPPYFORCE clients.

For the purposes mentioned above, we may rely on automated decisions, including the generation of recommendation reports for our clients. However, we will only use the necessary data for profiling, which will be previously encrypted as a security measure.

7. Data processing by third parties and disclosure

Depending on the purposes for which personal data is collected, the following individuals may have access to such information:

• • Authorized personnel of HAPPYFORCE or its representatives acting on its behalf, subject to applicable data protection regulations.

• • Regulatory authorities or other third parties in accordance with applicable laws.

• • Third parties [IT service providers processing information, hosting servers, maintenance support for databases, software, and applications], only after taking necessary measures to ensure that we can share such information in compliance with data protection regulations.

HAPPYFORCE will not disclose any information or personal data provided on the Website or the App that can directly or indirectly identify the individual, except as required by law.

In the event of a sale, merger, consolidation, change in corporate control, substantial asset transfer, reorganization, or liquidation of HAPPYFORCE, we may, at our discretion, transfer, sell, or assign the information collected on the Website or App to one or more relevant parties, subject to any contrary legal agreement.

8. Data retention

Personal data will be retained for the strictly necessary period until the purpose for which it was collected is completed, and as long as the legal basis for processing this personal data remains valid. Once the legal basis for processing no longer applies, personal data will be duly blocked and retained for a period of time appropriate to comply with legal prescription periods and prevent potential violations.

9. Direct marketing

HAPPYFORCE does not use your personal data for direct marketing purposes without your explicit prior consent. If you decide to stop receiving commercial information from HAPPYFORCE, you can unsubscribe from direct marketing campaigns and object to the future processing of your personal data for such purposes, free of charge and without providing any justification, by sending an email to gdpr@myhappyforce.com.

Please note that even if you choose not to subscribe or unsubscribe from commercial emails, promotional materials, or newsletters, we may still need to contact you regarding important non-commercial information, as well as any communication necessary to fulfill our legal obligations.

10. Security measures

HAPPYFORCE adopts the necessary security levels required by the GDPR, appropriate to the nature of the data being processed for its activities.

In this regard, HAPPYFORCE has implemented appropriate technical and organizational measures designed to ensure an appropriate level of security for the risk involved. These measures may include: (a) pseudonymization (such as when data is separated from direct identifiers so that it cannot be linked to an identity without additional separate information) and encryption, (b) ensuring the ongoing confidentiality, integrity, availability, and resilience of the systems and services used to process your personal information, (c) providing the ability to restore the availability and access to personal information in a timely manner in the event of a physical or technical incident, and (d) maintaining a process to regularly test and assess the effectiveness of technical and organizational security measures.

When you submit information to us through our website, your information is protected both online and offline. All data transferred to/from the HAPPYFORCE internal network, to/from an external entity, is encrypted according to industry standards. Please note that messages you send us via email over the Internet may not be secure.

We maintain appropriate physical, electronic, and procedural safeguards to ensure the security, integrity, and privacy of your personal information within our company. Only employees who need your information to perform specific job tasks have access to identifiable information about your organization. Furthermore, all employees are kept up to date on our security and privacy practices.

HAPPYFORCE also implements secure techniques for anonymizing personal data [anonymization of data/non-personal data] it processes for its activities.

However, please note that technical security in an Internet environment is not impregnable, and malicious actions by third parties may occur. Nevertheless, HAPPYFORCE applies available measures to prevent such actions.

11. Rights of data subjects and their exercise

In accordance with the GDPR and the LOPDGDD, Users can exercise the following rights:

• • Right of access: The User can ask HAPPYFORCE if their data is being processed and, if so, access it.

• • Right of rectification: The User can request the correction of inaccurate data or complete any incomplete data we may have.

• • Right to request the erasure of their data.

• • Right to request the restriction of processing: In this case, we will only retain the data for the exercise or defense of legal claims.

• • Right to object to the processing: HAPPYFORCE will stop processing personal data, except if there are legitimate grounds or for the exercise or defense of possible legal claims.

• • Right to data portability: If the User wants their data to be processed by another data controller, HAPPYFORCE will facilitate the transfer of their data to the new controller.

• • Right not to be subject to a decision based solely on automated processing of personal data.

If the User has given consent for a specific purpose, they can withdraw it at any time, without affecting the lawfulness of processing based on the consent before its withdrawal.

In any case, when the User exercises their right to erasure, all personal data linked to their account, as well as the information and content integrated into their profile, will be deleted. Furthermore, if the User exercises the right to erasure regarding the data necessary for HAPPYFORCE to provide the Website services, HAPPYFORCE will be forced to terminate its relationship with the User and proceed with their account deletion, without the User having any right to claim compensation.

To exercise their rights or file a complaint if they believe that HAPPYFORCE is improperly processing their data, the User must send a written communication to HAPPYFORCE’s registered office or to the email address gdpr@myhappyforce.com, including a photocopy of their ID card, NIE, or other equivalent identification document.

You can use the models and forms related to the aforementioned rights by visiting the official website of the Spanish Data Protection Agency (https://www.aepd.es/). If you believe that HAPPYFORCE is improperly processing your personal data, you can lodge complaints with this Supervisory Authority.

12. International data transfers

We may also transfer the personal information we process to countries outside the European Economic Area (“EEA”) (for example, when one of our service providers or teams is located outside the EEA, such as for hosting your personal information). We have implemented appropriate safeguards regarding the protection of your privacy, fundamental rights, and freedoms, and the exercise of your rights. For example, we establish an adequate level of data protection, typically through EU Standard Contractual Clauses based on the EU Commission’s model clauses.

13. Changes to the privacy policy

We will only use personal data in accordance with the Privacy Policy that is in effect at the time the data is collected. HAPPYFORCE reserves the right to modify this Privacy Policy at any time by publishing such modifications on the Website. It is recommended to review the Privacy Policy each time you access it. If we decide to use personal data in a manner different from what was stated at the time of collection, we will notify the User by email, provided we have their email address. At that time, the User will be given the option to authorize other uses or disclosures of the personal data they provided to us prior to the modification of our Privacy Policy.

If any clause of this Privacy Policy is declared null or void, the remaining conditions will not be affected and will remain fully valid and effective, in accordance with the applicable regulations at all times.

14. Links to other websites

Our Website may contain or use hyperlinks that allow linking to other web pages or websites. HAPPYFORCE is not responsible for the content of such websites, nor for their privacy policies. It is recommended to take into account and read the privacy policies of all websites you visit. Please note that the provisions of this Privacy Policy only apply to the data collected and/or processed by HAPPYFORCE.

HAPPYFORCE is present on social media platforms and also provides Users with the possibility to communicate through various social media channels. The processing of personal data of individuals who become followers, establish a link, or engage with HAPPYFORCE through social media platforms or the communication channels made available is governed by the legal notice on our website and the terms of use, privacy policies, and other applicable regulations of the corresponding social media platform or channel. The User is aware of and has previously accepted these terms.

15. Applicable legislation

The privacy of all information provided, both by the User through various personal data collection forms and accessible through the Website and/or the App, is regulated by the current data protection regulations, in particular, the GDPR and the LOPDGDD.

Revised as of May 23, 2023