Privacy Policy

Last updated: March 29, 2025

This Privacy Policy describes Action Tracker Solutions’ policies and procedures on the collection, use and disclosure of user-related information when using the Service, also informs the user of their privacy rights and how the law protects them.

The OnBrain application uses Your personal data to provide and improve the Service. By using the Service, You consent to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

Words whose initial letter is capitalized have defined meanings under the following conditions. The following definitions will have the same meaning regardless of whether they appear in the singular or plural.

Definitions

For purposes of this Privacy Policy:

• Account means a single account created for the User to access our Service or portions thereof.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other management authority.

  ·    Company (referred to as “the Company”, “We”, “Us”, “We” or “Our” in this Agreement) means Action Tracker Solutions – Av. Parc Logístic, 2-10, 3rd floor 08040 Barcelona, Spain.

• Device means any device that can access the Service, such as a computer, cell phone or digital tablet.
• Personal Data means any information that relates to an identified or identifiable individual.
• Service means the utilities and functions provided by the OnBrain App.
• Service Provider means any natural or legal person who processes data on behalf of the Company. It refers to third party companies or persons employed by the Company to facilitate the Service, provide the Service on behalf of the Company, perform services related to the Service or assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, whether generated by use of the Service or by the Service’s own infrastructure (e.g., the duration of a page visit).
• You (also referred to with the possessive pronoun “Your”) refers to the person accessing or using the Service, or the company or other legal entity on behalf of which such person is accessing or using the Service, as applicable.

Collection and Use of Your Personal Data

Types of data collected

Personal Information

While using Our Service, We may ask You to provide Us with certain personally identifiable information that may be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Usage Data

Usage Data

Usage Data is automatically collected when You use the Service.

Usage Data may include information such as Your device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, the unique identification of Your mobile device, the IP address of Your mobile device, Your operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service through a mobile device.

Information Collected During Use of the Application

In order to provide features of Our OnBrain App, We may collect, with Your prior permission:

• Your location information
• Information from Your device’s phone book (contact list)
• Images and other information from Your device’s camera and photo library

We use this information to provide functionality, improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or may simply be stored on Your device.

You can enable or disable access to this information at any time through Your device settings.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the use of the OnBrain application and related functionalities.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide may give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, fulfillment and performance of the contract for the purchase of the products, items or services You have purchased or any other contract with Us through the Service.
• To contact You: To contact You by email, phone calls, SMS or other equivalent forms of electronic communication, such as automatic notifications from a mobile application about updates or informational communications related to contracted features, products or services, including security updates, when necessary or reasonable for implementation.
• To provide You with news, special offers and general information about other goods, services and events We offer that are similar to those You have already purchased or inquired about, unless You have opted out of receiving such information.
• To handle Your requests: To fulfill and manage Your requests to Us.
• For business transfers: we may use Your information to evaluate or effect a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Data we hold about users of our Service is among the assets transferred.
• For other purposes : We may use Your information for other purposes, such as analyzing data, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing or acquisition of all or a portion of Our business to another company.
• With affiliates: We may share Your information with our affiliates, in which case We will require those affiliates to abide by this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer you certain products, services or promotions.
• With other users: When You share personal information or interact in public areas with other users, such information may be viewed by all users and may be distributed publicly.
• With Your consent: we may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain Your Data to comply with applicable laws), resolve disputes, and enforce our policies and legal agreements.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except where this data is used to strengthen the security or improve the functionality of our service, or where we are legally required to retain this data for longer periods of time.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operational offices and at any other location where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside Your state, province, country or other governmental jurisdiction where data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to such transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your personal data to an organization or country will take place unless there are adequate controls in place, including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide you with notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Compliance with Law

In certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

Other Legal Requirements

The Company may disclose Your Personal Data in good faith belief that such action is necessary for the following:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible irregularities in connection with the Service
• Protect the personal safety of Service Users or the public
• Protect against legal liability

Security of Your Personal Information

The security of Your personal data is important to us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect Your personal data, we cannot guarantee Its absolute security.

Privacy of Children

Our Service is not directed to anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You know that Your child has provided us with Personal Data, please Contact Us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to delete that information from our servers.

If we need to rely on consent as the legal basis for processing Your information and Your country requires the consent of a parent, we may request Your parent’s consent before collecting and using that information.

Links to other websites

Our Service may contain links to other websites that are not operated by Us. If you click on a third party link, you will be directed to that third party’s site. We strongly encourage you to review the Privacy Policy of each site you visit.

We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party sites or services.

Email Privacy Policy

CONFIDENTIALITY, E-SERVICES AND DATA PROTECTION

The information contained in the e-mails and, where appropriate, in any file attached to it, is of a private and confidential nature, intended exclusively for the addressee. If you are not the correct addressee or have received this email in error, we inform you that any disclosure, distribution or reproduction of this communication is strictly prohibited under current legislation. We request that you notify us immediately and proceed to its deletion without further reading.

Our emails may include commercial information. If you do not wish to receive further mailings, please reply to the email with the subject “unsubscribe”.

DATA PROTECTION

• Responsible: Action Tracker Solutions
• Purposes: Manage communications made through email, including information about services provided, commercial offers and activities developed by Action Tracker Solutions.
• Legitimation: Consent of the interested party and execution or development of a contract.
• Recipients: data will not be transferred to third parties, except under legal obligation.
• Rights: You have the right of access, rectification, deletion, opposition, as well as other rights developed in our Privacy Policy.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will notify you by email and/or a prominent notice on Our Service, prior to the change becoming effective and will update the “Last Updated” date at the top of this Privacy Policy.

You are encouraged to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when posted on this page.

Contact us

If you have any questions about this Privacy Policy, you may contact us:

• By visiting this page on our website: https://actiontracker.eu/privacy/
• By emailing us at: info@actiontracker.es