PRIVACY POLICY
ADVERXO PLATFORM

In compliance with the principle of transparency and the right to be informed established by European and national regulations on data protection, FDX MEDIA SAAS S.L. informs you about the circumstances and conditions of the processing of your data when using ADVERXO, as well as your rights.

Please be aware that the information contained in this privacy policy is only intended to comply with the obligations that FDX assumes in its relationship with you as a user of the services offered in the ADVERXO platform. This policy does not provide information for the data subjects whose data may be processed in this environment. Please check the section 13 of this policy for further information in this regard.

1. IDENTIFICATION DATA
  • Identity: FDX MEDIA SAAS S.L. (hereinafter, "FDX").
  • Tax ID: B-10707313.
  • Registered office: C/ Jacometrezo 15, 6th. floor, 28013, Madrid.
  • Data Protection Officer (DPO): complaints.channel@kimiagroup.com.
2. GENERAL INFORMATION

By accepting this Privacy Policy, you are informed that the personal data provided for the use of ADVERXO platform (hereinafter, the "Platform") will be processed by FDX, as well as the data derived from your utilization of the Platform and any other data that you may provide in the future to FDX.

You must carefully read this Privacy Policy, which has been drafted in a clear and simple manner, to facilitate its understanding, determining freely and voluntarily if he/ she wishes to provide his/her personal data to FDX.

3. OBLIGATION TO PROVIDE DATA

The data processed in the Platform, in general, are mandatory (unless otherwise specified) to fulfill the established purposes.

Therefore, if they are not provided or are not provided correctly, they will not be able to be addressed, without prejudice that you can freely view the content of the Platform.

4. FOR WHAT PURPOSE WILL THE PERSONAL DATA BE PROCESSED?

Personal data provided through the Platform will be processed by FDX in accordance with the following purposes:

  1. Management of access and use of the Platform. The data will be processed for this purpose to manage the services offered by FDX and to allow you to access to the Platform, as well as to interact with it.
  2. Creating users accounts. The data will be processed for this purpose to create your account so you can use the Platform, as well as to allow you to create additional accounts for the users of your organization with access to the Platform.
  3. Providing technical service. The data will be processed for this purpose in order to maintain the Platform fully operational as well as to provide you with technical support in the event of any technical error affecting the proper functioning of the Platform.
  4. Customer service. The data will be processed for this purpose in order to answer any queries that you make through our channels.
  5. Security of the Platform. The data will be processed for this purpose in order to maintain the security of the Platform, as well as to control the misuse that may be performed in this environment and, where appropriate, to block accounts that do not comply with our Terms and Conditions of Use.
  6. Compliance with legal obligations. The data will be processed for this purpose in order to comply with our legal obligations or when it may be required by the competent authority or Public Administration.
5. WHAT USER DATA WILL FDX PROCESS?

FDX will process the following categories of user data on the Platform:

  1. Management of access and use of the Platform: identification data; contact data; login data; economic and financial data.
  2. Creating users accounts: identification data; contact data; login data.
  3. Providing technical service: identification data; contact data; login data; usage data.
  4. Customer service: identification data; contact data.
  5. Security of the Platform: identification data; contact data; login data; usage data.
  6. Compliance with legal obligations: identification data; contact data; login data; economic and financial data; usage data.

Additionally, when you provide data of third parties for the usage of the functionalities and services that the Platform offers, you declare having the consent of the data subjects affected and you undertake to transfer the information contained in the Privacy Policy, exempting FDX from any liability in this regard. However, FDX may carry out periodic verifications to verify this fact, adopting the corresponding due diligence measures, in accordance with data protection regulations.

6. WHAT IS THE LEGITIMACY OF THE PROCESSING OF USER DATA?

The legitimacy of the processing of your personal data will be the following:

  1. Management of access and use of the Platform: the lawful basis for the processing of the data with such purpose is the performance of the contract.
  2. Creating users accounts: the lawful basis for the processing of the data with such purpose is the performance of the contract.
  3. Providing technical service: the lawful basis for the processing of the data with such purpose is the performance of the contract.
  4. Customer service: the lawful basis for the processing of the data with such purpose is the performance of the contract as well as the legitimate interest of FDX to respond appropriately to these queries.
  5. Security of the Platform: the lawful basis for the processing of the data with such purpose is the performance of the contract as well as the legitimate interest of FDX in maintaining the integrity and the security of the Platform by preventing any misuse.
  6. Compliance with legal obligations: the lawful basis for the processing of the data with such purpose is complying with the corresponding legal obligations.
7. TO WHOM THE DATA CAN BE SHARED?

The user's data may be communicated to:

  • Public Administrations with competence in the matter.
  • Courts and Tribunals, in case of specific requests made in accordance with the applicable regulations.
  • State Security Forces and Corps, in case of specific requirements made in accordance with the applicable regulations.
  • Other companies of the KIMIA GROUP business group, namely: KIMIA SOLUTIONS S.L. (CIF B84790187), GLOBAL ACTIVO SOLUCIONES S.L. (CIF B45761863), TARKIN STUDIOS S.L. (CIF B87793337), TIDART INTERNET SERVICES S.L. (CIF B86615051), BIDDEO MEDIA SOLUTIONS S.L. (CIF B8477088), ERSO LABS S.L. (CIF B87930897), BIDEX MEDIA SAAS S.L. (CIF B10707248), JUSTNET MEDIA SERVICES S.L. (CIF B10707230), AXTION MEDIA SERVICES S.L. (CIF B10707255), PERFORMANCE TRAFFIC SOLUTIONS S.L. (CIF B87867040) and ANALYTICAE DATA MINING S.L. (CIF B87847059), for centralised administrative management purposes, such communication being covered by the legitimate interest of FDX recognised in Recital 48 of the GDPR.

Additionally, the data may be accessed by suppliers of FDX, such access being necessary for the proper fulfillment of legal obligations and/or the purposes indicated above. Such suppliers shall not process your data for their own purposes that have not been previously informed by FDX. FDX shall contract the provision of services by third parties who perform their activity, including but not limited to, in the following areas: cloud or computer hosting, sending commercial communications.

In this regard, FDX follows strict criteria for the selection of service providers in order to comply with its data protection obligations and undertakes to enter into a processing assignment agreement, as required by law, whereby it will impose on them, among others, the following obligations: to implement appropriate technical and organizational measures to ensure the security of personal data; to process personal data for the agreed purposes and in accordance only with the documented instructions of the controller; and to delete and return the data to the controller upon completion of the services.

Some of our service providers may be located in countries outside the European Economic Area ("EEA").

The location of these companies outside the EEA implies the existence of an international transfer of your personal data. However, from FDX we have implemented measures so that such transfers do not result in a lower level of protection of your personal data.

In this regard, service providers outside the EEA will subscribe to the corresponding standard contractual clauses approved by the European Commission ("SCC"), an agreement signed between both entities by which the non-EU company guarantees that it applies European data protection standards. Many of these providers are also certified and adhere to the Data Privacy Framework endorsed by the European Commission.

Therefore, the use of these providers does not result in a lesser degree of protection of your personal data than would be the case with the use of providers located in the European Union.

You may request a copy of these SCCs by sending your request to FDX.

8. RETENTION PERIOD OF THE DATA

FDX will keep the personal data only for the time necessary to carry out the purposes for which they were collected. Subsequently, if necessary, FDX will keep the information blocked until the prescription of the legal responsibilities that may have arisen as a result of the processing of the personal data of users, at which time it will proceed to the irreversible deletion of the same.

  1. Management of access and use of the Platform: the data will be kept for as long as the use of the Platform lasts and, once it ceases, blocked during the period of limitation of legal actions that may arise from such use.
  2. Creating users accounts: the data will be kept for as long as the use of the Platform lasts and, once it ceases, blocked during the period of limitation of legal actions that may arise from such use.
  3. Providing technical service: the data will be kept for as long as the service of the Platform is provided and, once it ceases, blocked during the period of limitation of legal actions that may arise from such use.
  4. Customer service: the data will be kept until the query is solved and, once it is solved, blocked during the period of limitation of legal actions that may arise.
  5. Security of the Platform: the data will be kept for as long as the use of the Platform lasts and the limitation period for the potential claims and liabilities expires, and blocked during the period of limitation of legal actions that may arise from such use.
  6. Compliance with legal obligations: the data will be kept for the limitation period established for each obligation, and blocked during the period of limitation of legal actions derived from these obligations.
9. USER'S RESPONSIBILITY

The user:

  • Warrants that they're over sixteen (16) years of age and that the information provided to FDX is true, accurate, complete and up to date. For these purposes, the user is responsible for the veracity of all the data he/she communicates and will keep the information provided conveniently updated, in such a way that it corresponds the real situation.
  • Warrants that they've informed the third parties from whom he/she provides their data, if applicable, relating to the matters contained in this document. The user also warrants that they have obtained their authorization to provide the third-party's data to FDX for the purposes indicated.
  • Shall be liable for any false or inaccurate information they provide through the Website and for any damages, direct or indirect, that this may cause to FDX or third parties.
10. EXERCISE OF RIGHTS

As the owner of the data, the user may send a letter to FDX, at the address indicated in the heading of this Privacy Policy, or by e-mail to the address complaints.channel@kimiagroup.com, providing proof of identity, at any time and free of charge, to exercise the following rights:

  1. Right of access:

    The user has the right to be informed FDX whether or not their personal data is being processed and, if so, to have access to such data and to receive information on the purposes for which it is being processed, the categories of data concerned by the processing, the recipients to whom their personal data has been disclosed and the intended period of data retention, among other information.

  2. Right of rectification and suppression:

    The user will have the right to request the deletion of personal data, provided that the legal requirements are met, and the rectification of inaccurate data concerning them when, among other reasons, they are no longer necessary for the purposes for which they were collected.

  3. Limitation of processing, revocation of consent and total or partial opposition to processing:

    In certain circumstances (for example, in the event that the applicant contests the accuracy of his or her data, while the accuracy of the data is being verified), the user may request that the processing of his or her personal data be restricted and processed only for the purpose of asserting or defending claims.

    They also have the right to revoke the consent given and to object to the processing at any time, for reasons related to their particular situation, if the processing is based on our legitimate interest. In this case, FDX will cease processing, unless legitimate reasons are demonstrated.

  4. Portability of data:

    The user will have the right to receive the personal data they have provided to FDX in a structured, common, and machine-readable format, and to be able to transmit it to another data controller without being prevented from doing so by the data controller to whom they have provided it, in the cases legally provided for this purpose.

  5. Automated individual decisions:

    Also, in addition to the above rights, in case of automated decisions, including profiling, the user has the right to obtain human intervention by FDX and to express their point of view and challenge the decision.

  6. Others:

    Likewise, when personal data is transferred to a third country or an international organization, the user has the right to be informed about how they can access or obtain a copy of the appropriate safeguards concerning the transfer.

    They may also file a complaint regarding the protection of their personal data before the Spanish Data Protection Agency at C/ Jorge Juan, 6, 28001 - Madrid, when the interested party considers that FDX has violated the rights that are recognized by the applicable data protection regulations.

11. SECURITY MEASURES

FDX will process the user's data at all times in an absolutely confidential manner and keeping the mandatory duty of secrecy with respect to them, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical and organizational measures to ensure the security of your data and avoid its alteration, loss, treatment or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or from the physical or natural environment.

12. UPDATES OF THE PRIVACY POLICY

FDX reserves the right to revise and update its Privacy Policy from time to time as it deems appropriate, in which case users will be notified. For this reason, please check this privacy statement regularly to read the most recent version of FDX's Privacy Policy.

13. FDX AS A SERVICE PROVIDER

When you as a Network request FDX services related to the Plaftorm services, FDX will act as the data processor or subprocessor, as defined in the GDPR, for the Network and the client of your services.

Thus, we inform you that the relationship between both parties will be governed by the data processing agreement that is indivisibly attached to our Terms and Conditions that the client must accept in relation to the services to be provided by FDX, as contracted by the Network as our client and in accordance with the requirements set out in article 28 of the GDPR.

In these cases, you as the Network and/or your client undertake to comply with the obligations established in the GDPR for a data controller, holding FDX harmless from any liability arising from any potential breach of these obligations.

14. ACCEPTANCE AND CONSENT

The user declares to have been informed of the conditions on personal data protection, accepting the content of this Privacy Policy.

Last update: February 2025.

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