Privacy policy

Last updated on April 20, 2020.


The purpose of this privacy policy (the “Privacy Policy”) is to clearly and precisely notify users (hereinafter, the “Users”) who use the websites hosted under the domain names and any subdomains dependent thereon, as well as any applications or websites owned or controlled by GENIALLY WEB, S.L. (“GENIALLY”) referred to jointly as “GENIALLY Applications and Websites.”


This Privacy Policy is only applicable to the GENIALLY Applications and Websites it makes available to Users, and GENIALLY accepts no liability for the different privacy and personal data protection policies that may apply to any websites not directly managed by GENIALLY that Users may access through the links located on the GENIALLY Applications and Websites.


This Privacy Policy applies to the data that GENIALLY collects via the GENIALLY Applications and Websites, including data from the registration form, contact form, or data collected by browsing.


Pursuant to the provisions of the applicable regulations, GENIALLY hereby informs Users that the data they provide on the GENIALLY Applications and Websites will be included in the data filing system controlled by it.


Users filling out the registration form and providing data over the course of the provision of service necessarily and unconditionally imply that they understand and accept this Privacy Policy. Therefore, Users are recommended to carefully read this Privacy Policy prior to taking such action.


1. Data controller identity and contact information

The owner of the GENIALLY Applications and Websites and the data controller is GENIALLY WEB SL, TIN: B56019912; Registered Office: PLAZA RAMÓN Y CAJAL, 4, 4º 14003 Córdoba, Spain; Registered in the Commercial Registry of Córdoba, Book 2154, Sheet 51, number CO-35517, entry 1.


Email: support@genial.ly


2. Data required for certain types of processing

The provision of data by Users via the registration form and while browsing GENIALLY Applications and Websites is voluntary, although not providing certain data may render access to certain services provided by GENIALLY impossible.


Users shall be held liable for the truthfulness, accuracy, timeliness, and authenticity of the personal data they provide, and GENIALLY reserves the right to withhold services from Users who provide false data, without prejudice to any other actions permitted by Law.


3. Data collected from Users

GENIALLY processes the following types of personal data from Users:


  • Identifying data, e.g., first and last name.
  • Contact information, such as email address and/or mailing address.
  • Professional data, such as the sector the User works in and their role at the company where they work.
  • Browsing data of the Users on GENIALLY Applications and Websites.
  • Data on Users’ preferences and interests vis-à-vis the digital content provided on GENIALLY Applications and Websites.
  • Data that the servers of GENIALLY Applications and Websites can detect automatically such as Users’ IP addresses.
  • Data on Users’ preferred language.


4. Purposes and legal bases of processing

GENIALLY wishes to legally process all received data and therefore it must justify the processing of User data with sufficient legal basis. Pursuant to the above, the purposes for which GENIALLY processes the data and the legal basis for each type of processing is set out below:


  • GENIALLY uses these data to provide its Services, such as making different templates available to Users so they can easily and simply build the creations they need. This data processing is necessary for GENIALLY to be able to provide its Services and to perform the contract between GENIALLY and the Users of GENIALLY Applications and Websites. In the event that the User fails to provide any of these data, GENIALLY will not be able to provide its Service.
  • GENIALLY may also use the data to process, manage, and resolve potential User complaints, suggestions, or queries. GENIALLY considers that it has a legitimate interest in carrying out said data processing as it allows the company to improve its Services and the User experience.
  • On the basis of its legitimate interest, GENIALLY may also use User preference data to conduct studies to improve the service it offers Users.
  • GENIALLY may process User data to manage applications submitted thereby on forms for future employees. The legitimate basis for this processing is the need to fulfill a contractual relationship involving the User or for the application of potential precontractual measures requested by the latter.

The legal basis for the data obtained via cookies and similar devices or mechanisms that allow data to be stored and recovered, such as pixels or code fragments, shall be the consent provided pursuant to the applicable regulations and guidelines issued by the Spanish Data Protection Agency on the date when this Privacy Policy was drafted, as well as to ensure proper operation of all functionalities on GENIALLY Applications and Websites corresponding to GENIALLY’s legitimate interest.


5. Student data

The personal data of Users registered for GENIALLY Applications and Websites via a Subscription Plan specifically for students (hereinafter, the “Students”), shall be processed pursuant to the specifications listed below:


  1. Data controller: GENIALLY WEB SL, TIN: B56019912; Registered Office: PLAZA RAMÓN Y CAJAL, 4, 4º 14003 Córdoba, Spain; Registered in the Commercial Registry of Córdoba, Book 2154, Sheet 51, number CO-35517, entry 1.
  2. Data collected: GENIALLY shall exclusively collect and process the minimum amount of personal data necessary to provide the service.
  3. Purposes and legal bases of processing: GENIALLY shall only process Student data pursuant to the following purposes and legal bases:


    • GENIALLY uses these data to provide its Services such as making different templates available to Students so they can easily and simply build the creations they need. This data processing is necessary for GENIALLY to be able to provide its Services and to perform the contract between GENIALLY and the Students using GENIALLY Applications and Websites. In the event that a Student fails to provide any of these data, GENIALLY will not be able to provide its Service.
    • GENIALLY may also use the data to process, manage, and resolve potential Student complaints, suggestions, or queries. This processing shall solely and exclusively be carried out with prior consent from the Students or their parents or guardians, where applicable.
    • In accordance with its legitimate interest, GENIALLY, may uses Students’ preference data to conduct studies to improve the services it offers in the field of education.
    GENIALLY will not process Student data for advertising purposes.

  4. Data communication and international transfers: Personal data collected via GENIALLY Applications and Websites will not be transferred to any third party for use by said party for any purposes other than those for which the User has provided consent. Under no circumstances will the Student data collected be sold to third parties.

    The provisions of the section of this Privacy Policy entitled “Data communication and international transfers” shall apply. However, GENIALLY will require the collaborators with whom it shares the Student data to undertake to fulfill the commitments indicated in this Clause.

    GENIALLY may only disclose the personal data collected in specific cases where required by applicable regulations.
  5. Data storage: GENIALLY stores Student personal data for the amount of time required to provide the service or as required by legal obligations. Student personal data will also only be stored for the time in which their Subscription Plan is valid, unless the applicable regulations require a different storage period.
  6. Minors: If the User is 14-17 years old at the time they register for the Website as a Student, they must notify their parents or guardians of the data processing that will be performed by GENIALLY and notify them of the Conditions of Service.

    They must also confirm that their parents or guardians have been fully apprised of the data processing performed by GENIALLY and that they accept and consent to said personal data processing.
  7. Student Rights: As indicated in the clause of this Privacy Policy entitled “User Rights,” Students may exercise their rights to Access, Rectification, Cancellation, Object, Portability, and to be Forgotten by writing an email to the email address set up for this purpose support@genial.ly; Students must attach a copy of their passport or government-issued ID and that of their parents, if they are a minor, expressly indicating in the subject line the request they’d like to make by writing the controller at its email or mailing address (as indicated in section 1); they should reference “Personal Data,” and specify the right they wish to exercise and the personal data over which they wish to exercise said right.
  8. Modifications to the Privacy Policy: The Student, parents, or guardian shall be notified of any modifications to this Privacy Policy and, if necessary, their consent will be requested. In the event the Student, parent, or guardian, where applicable, does not provide their consent to said data processing, they may no longer be able to enjoy the provision of GENIALLY’s Services.
  9. In the event of a merger, acquisition, or transfer of the business, GENIALLY shall allow the successor to store the Students’ personal data only if it is subject to the provisions of this clause.

All of the points in this Privacy Policy that do not contradict the provisions of this clause shall be equally applicable to Student personal data.


6. User Acceptance

By accepting the Terms of Use and this Privacy Policy, Users attest to have read and understood the conditions of use and the legal terms set out in this Privacy Policy and expressly and unequivocally accept the application thereof to the use made of GENIALLY Applications and Websites throughout the provision of Service.


Users expressly declare to have been informed of and authorize GENIALLY to collect and process their data for the purposes indicated in this Privacy Policy, as described therein.


Users must notify GENIALLY of any modifications to the data provided and are liable for the truthfulness and accuracy of the data provided at all times. Moreover, Users must abstain from uploading any false or inadmissible content pursuant to the Law, common decency, good faith, and public order or content that may in any way infringe upon the rights of third parties.


Where applicable and without prejudice to any other actions to which it may be entitled, GENIALLY reserves the right to withhold services, deregister, or remove content from Users who provide false or incomplete data. Under no circumstances does this entail GENIALLY’s acceptance of liability for any damages that may arise from false or inaccurate data provided or inappropriate content for which the User is solely responsible.


7. Reusable

Creations marked as Reusable, as defined in the  Conditions of Service, GENIALLY may collect and process identifying data from Users such as their nick and contact details.


8. Data communication and international transfers

Personal data collected via GENIALLY Applications and Websites will not be transferred to any third party for use by said party for any purposes other than those for which the User has provided consent.


However, authorized GENIALLY personnel and other third parties or collaborators that provide services to GENIALLY may access personal User data for the purpose of managing the provision of Service and contractual and/or precontractual relationships with Users. Whenever access is granted to other companies, said data access by third parties shall be governed in the corresponding contract, as required by the applicable regulations.


GENIALLY will not use the services of data controllers or subcontrollers located outside of the European Union or the European Economic Space to process the personal data of data subjects in the European Union or the European Economic Area.


GENIALLY may only disclose the personal data collected in the specific cases where said personal data transfer is required by applicable regulations.


9. Storage Period

GENIALLY stores Users’ personal data for the amount of time required in order to use said data for the purpose for which they were collected and according to the legal basis of processing. GENIALLY shall keep User personal data as long as it has a contractual and/or commercial relationship with the User, provided the User does not exercise the right to object to processing and/or to erasure of personal data. In these cases, GENIALLY shall keep the data duly blocked, and not use it, for the period of time when they may be required to file or defend claims that may arise from any kind of legal or contractual liability related to their processing for which recovery of said data is required.


10. User Rights

All Users may revoke their consent at any time, provided they initially gave their consent to data processing. Under no circumstances does this consent constrict the fulfillment of the service contract or previously-created relationships.


Similarly, at any time and/or when they deem appropriate, Users may exercise their rights to Access, Rectification, Cancellation, Object, Portability, and to be Forgotten by writing an email to the email address set up for this purpose support@genial.ly; Users must attach a copy of their passport or government-issued ID (data subject), expressly indicating in the subject line the request they’d like to make by writing the controller at its email or mailing address (as indicated in section 1); they should reference “Personal Data,” and specify the right they wish to exercise and the personal data over which they wish to exercise said right:


  • Access: By exercising this right, Users may learn which personal data are being processed by GENIALLY, the purpose, the source, and any potential transfers thereof.
  • Rectification: This right allows Users to modify any inaccurate or incomplete personal data. They must specify the data to be modified in their request.
  • Cancellation: This right allows the personal data to be canceled because they are inappropriate or excessive.
  • To Object: By exercising their right to object, Users may object to the processing of data in certain circumstances or for specific purposes, e.g., in the hypothetical case that User data are used for advertising activity or market research or if the purpose of processing is to make a decision about the User based solely on automated personal data processing.
  • Portability: Users may receive their personal data in a structured, commonly used, automatically readable format and be able to send them to another data controller, provided this is technically feasible.
  • To be forgotten: Users may request their personal data be erased without undue delay whenever one of the conditions provided for applies, e.g., illegal data processing or when the purpose of the processing or collection no longer applies.

11. Modifications to the Privacy Policy

GENIALLY reserves the right to modify this Privacy Policy to adapt it to new legislation or case law, as well as to industry and/or trade practices. The User shall be notified of any modifications to this Privacy Policy and, if necessary, their consent will be requested. In the event the User does not provide their consent to said data processing, they may no longer be able to enjoy the provision of GENIALLY’s Services.


12. User personal data security

For their privacy and security, Users’ personal data are password protected and are also protected by a number of other security mechanisms implemented by GENIALLY.


GENIALLY will process the personal data absolutely confidentially. It has also implemented the technical and organizational measures appropriate for the type of data collected to guarantee the security of Users’ personal data and to prevent their destruction, loss, unlawful access, or unlawful alteration. Criteria such as the scope, context, and purposes of processing, the state of the art, and the risks involved were considered when these measures were selected.


If you have any questions about our Privacy Policy, please contact us via email (support@genial.ly). If you believe that your rights have not been duly respected, you have the right to file a claim with the Spanish Data Protection Agency. Its contact details are as follows: Phone: +34 901 100 099 +34 91 266 35 17; Mailing Address: C/ Jorge Juan, 6 28001-Madrid; E-HQ: https://sedeagpd.gob.es/sede-electronica-web/ and website: www.agpd.es


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