1. PERSONAL DATA PROCESSING:
In compliance with the provisions of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (in forward "RGPD"), we inform you that the personal data and information you provide us when filling in any electronic form available on our website will be incorporated into a personal data file owned by Populetic. The purpose of the treatment is to process the request for your claim. In the case of not answering all the questions, Populetic reserves the right not to process incomplete applications. Populetic is dedicated to providing the following services: (i) legal advice on air transport; (ii) claims management via out-of-court and judicial.
2. DATA COMMUNICATIONS TO THIRD PARTIES:
In order to satisfy your claim request it may be necessary for your data to be communicated by Populetic to third parties, always with the prior consent of the user.
3. SECURITY MEASURES:
Populetic adopts the levels of security required by the RGPD appropriate to the nature of the data that are subject to treatment at all times through the application of appropriate technical and organizational measures such as verification processes and data encryption. Notwithstanding the above, technical security in a medium such as the Internet is not impregnable and there may be fraudulent actions by third parties, although Populetic puts all the means at its disposal to avoid such actions.
4. COOKIES USE POLICY:
In compliance with the provisions of article 22.2 LSSI, Populetic will only use storage devices and data recovery ("Cookies") when the user has given his prior consent to do so in accordance with what is indicated in the browser's pop-up window. user when accessing the Portal for the first time and in the other terms and conditions indicated in the Cookies Policy. For example, when you use the Populetic website we can collect certain information such as the type of browser, the access date and the identifier of your device.
5. USER RIGHTS:
The User may exercise their rights of Access, Rectification, Portability, Cancellation and Opposition in the legally foreseen terms, by sending a communication by post to the Legal Department of Populetic, Rambla Iberia, 97 08205 Sabadell, or sending a message of email to the following address: firstname.lastname@example.org, indicating in both cases your name, surnames and a copy of your identity document.
The right to portability implies that the user who has provided their data may request to retrieve that data in a structured format, commonly used and mechanically read, which allows it to be transferred to another person in charge..
Regarding the new right to be forgotten, it is a manifestation of the right to cancellation or opposition and is presented as the right to request that personal data be deleted when, among other cases, these are no longer necessary for the purpose for which they were collected. or when the consent has been withdrawn.
Our website www.populetic.com (the "Website") uses a technology called "cookies" in order to collect information about the use of the Website.
A cookie is a file that is downloaded to your computer (computer or mobile device) in order to store data that can be updated and retrieved by the entity responsible for its installation.
The information collected through cookies may include the Date and time of visits to the Website, the pages viewed, the time you have been on our Website and the sites visited just before and after it.
TYPE OF COOKIES THAT ARE USED ON THE WEBSITE:
By browsing and continuing on our Website, you will be consenting to the use of the aforementioned cookies, for the periods indicated and in the conditions contained in this Cookies Policy.
RETIRATE MY CONSENT:
If you wish to withdraw your consent related to this Cookies Policy at any time, you must delete the cookies stored on your computer (computer or mobile device) through the settings and settings of cookies. your Internet browser.
In any case, we inform you that since cookies are not necessary for the use of our Website, you can block or disable them by activating your browser settings that allows you to refuse the installation of cookies. all cookies or some of them. The majority of browsers allow to warn of the presence of cookies or to reject them automatically. If you reject them, you may continue to use our Website, although the use of some of your services may be limited and therefore your experience on our Website less satisfactory.
CHANGE IN THE COOKIES POLICY:
General terms and conditions
These provisions determine the general terms and conditions for contracting the service owned by the CUSTOMER CARE TECHNOLOGIES S.L. (NIF: B66546425), hereinafter Populetic, with registered office at Rambla Iberia, 97 CP: 08205 Sabadell (Barcelona), and registered in the Mercantile Registry of Barcelona, in volume 44875, page 129, page number B-470060.
2 . Agreement:
2.1 When the client signs the authorization document, he automatically and simultaneously accepts these terms and conditions.
2.2 An agreement will be established only if Populetic accepts to process the client's claim. Populetic has the right to waive the processing of any claim for whatever reason. In case of resignation, Populetic will notify the client.
2.3 When establishing an agreement with Populetic, the client guarantees that it is authorized and has legal capacity to establish the agreement.
2.4 The client guarantees that the claim has not been assigned to third parties and that there is no pending or anticipated legal dispute between the client and the company for the same matter. Once the authorization document is signed, the client can not hire any third party to continue with the claim or assign the case to any third party. Any existing agreement or assignment, if any, must be canceled before signing the assignment of rights form or authorization document.
2.5 If the client receives a direct payment or any other type of compensation from the corresponding airline after formalizing the document of authorization, the client is obliged to inform Populetic immediately. Such payments shall be considered as compensation for the incidence of the flight. Once the transfer of rights form or authorization document is signed, the client will be obliged to cease any negotiation with the airline and direct any communication from the airline to Populetic in order to achieve the best possible result..
2.6 The agreement ends:
1 ) When the compensation has been accepted by Populetic, received the payment from the airline by Populetic and transferred to the client after deducting the applicable fees.
2) When Populetic states that it would be useless to continue with the claim after analyzing the feasibility of the case and warns the client that will not continue with such claim.
3. Description of the service:
3.1 Populetic will process the claim by extrajudicial and judicial means in order to obtain economic compensation for the client in accordance with current legislation applicable to air transport of passengers and baggage.
3.2 Populetic should send data and information of the flight through the website, email, telephone or other electronic or software solutions compatible with Populetic. Once the request is received, Populetic will verify the viability of the claim.
3.3 In order to continue with the client's claim successfully, Populetic needs the authorization document or mandate signed by the client, which can be sent through the site. web, email or postal service. Once formalized the authorization Populetic will interpose the claim against the airline as soon as possible and will take care of the whole process.
3.4 Populetic will try to reach a satisfactory agreement for the client based on his experience, but if in a reasonable time he does not receive a response by the airline or it is unsatisfactory, will pass the file to one of their lawyers to claim through the courts.
3.5 In the case that a legal representative appointed to initiate legal actions is appointed, the client will allow Populetic to grant access to it of all the data contributed to Populetic and will allow the legal representative to transfer to Populetic the information concerning the procedure. If additional documentation is required, such as a power of attorney, sworn statement, authorization, transfer of rights document or any other documentation relevant to the court, the client undertakes to sign and pay for such additional documentation.
3.6 If the hired legal representative arrives at the conclusion that there is little chance of success, the client will be informed of this and Populetic will not proceed with the claim.
3.7 If Populetic or the contracted legal representative files legal actions to process the claim, Populetic will cover any costs derived from said procedure in the case of losing litigation. In the event that the dispute is won or an agreement between the airline and Populetic is formalized, Populetic will charge the agreed fees.
3.8 The client approves that only Populetic can accept any proposal offered by the airline or its representatives. Therefore, the client authorizes Populetic to accept or reject any offer based on his or her experience.
4. Fees and commissions:
4.1 Populetic will manage the client's claim free of costs. If Populetic obtains compensation, it will proceed to pay, after deducting a commission of 25% of the amount obtained + I.V.A., the remaining amount in the bank account that the client designates for that purpose. Likewise, if the client charges directly from the airline or from the Court, the latter has the obligation to inform Populetic and pay the agreed fees. In the event that the client does not report the income received and Populetic filed a lawsuit from which he had to withdraw, the agreed commission will be charged.
4.2 In case of cancellation of the claim for reasons attributable to the client (express request, duplication of claims, non-attendance at sight or negligence), he will pay Populetic the amount of the services performed, which will be valued at 50 euros until the assignment of the file to one of the lawyers and the agreed commission from the presentation of the judicial demand.
4.3 The judicial proceeding will be understood to have started from the moment that Populetic has filed the claim on behalf of the client. In most cases it will not be necessary to hold a hearing, so there will be no expenses of Attorney or Notary. It will only be necessary to hold a hearing if the airline or the Judge requests the celebration of the same. In this sense, the client agrees to attend the hearing and / or to grant power for litigation or "apud acta". If, for whatever reason, the client can not attend, Populetic may represent the client through the Procurador, with expenses that can be passed on to the client. Said representation may be "apud acta" (the client must go to the Court, without further expenses) or by power of attorney, with expenses of 35 euros + I.V.A. The unjustified failure of the customer to act of the hearing enables Populetic to claim his fees based on the amount of the amount claimed.
4.4 In the event of obtaining a judgment in which, in addition to the payment of the amount claimed, the company is ordered to pay of interest and procedural costs, the client gives Populetic the decision to liquidate them and the credit that has been generated in his favor for this concept. On the other hand, if the claim was unsuccessful and the company obtained a cost penalty, Populetic would assume the expenses, so that the client does not have to pay anything.
4.5 From the signing of the authorization document and / or mandate, the client agrees to assume the costs of the claim as well as the agreed fees, even when accepting any compensation offered by the airline, either with or without the intervention of Populetic and / or against his advice.
4.6 If the client provides insufficient or erroneous information necessary for the payment of compensation, Populetic has the right to deduct external costs imposed, in addition to the commission agreed. If after successive reminders and reasonable efforts on the part of Populetic to contact the client does not respond or does not provide the information required for the payment of the agreed part of the compensation, Populetic will be entitled to reserve the part of the compensation that in other Circumstances would have been transferred to the customer.
4.7 When Populetic, the airline or the Court, have made the payment of compensation to the customer, Populetic will no longer be responsible for:
1) Checks, prepaid debit cards, credit cards or similar.
2 ) No effect derived from the client giving bank information or erroneous address, including but not limiting, the compensation paid to an erroneous recipient. Therefore, if the compensation has been paid to another recipient by mistake of the customer, Populetic is not obliged to actively claim.
4.8 No interest can be claimed for the period between the entry and exit of the payment. Populetic reserves the right to withhold any interest that has been recovered from the airline.
4.9 No invoice will be provided by default for the service rendered and commission charged, but may be requested and sent by email.
4.10 Populetic will not be responsible for any amount of compensation, damages or similar, if you have an impediment to transfer the payment to the customer due to an event beyond its control, including without limitation, strike, closure, labor dispute, act of force majeure, war, riot, social disturbances, intentional damage , compliance with a law or governmental order, norm, regulation or directive, accident, breakdowns in the plant or machinery, fire, flood or storm.
5. Data protection:
Populetic sólo utilizará los datos personales proporcionados por el cliente con la finalidad de tramitar la reclamación de conformidad con la legislación vigente en España y en la Unión Europea, en particular, con el Reglamento 2016/679 del Parlamento Europeo y del Consejo de 27 de abril de 2016, relativo a la protección de las personas físicas en lo que respecta al tratamiento de datos personales y a la libre circulación de estos datos y su normativa de desarrollo. El cliente proporciona a Populetic datos personales con el permiso explícito para procesar los datos proporcionados y para el uso de los mismos en el contexto de la relación contractual.
. Populetic will only transfer personal data. to third parties under the following conditions:
1) If it is for a purpose directly related to the original purpose for which the data were collected
2) If necessary for the preparation, negotiation and fulfillment of a contract with the client
3) If required due to a legal, administrative or court order.
4) If required for the establishment or protection of legal claims regarding legal actions
5) If they serve to prevent misuse or other illegal activities, such as deliberate attacks, to guarantee the security of the data.
6. Data and customer information:
6.1 The client must provide all the data and information necessary for the correct execution of the service. The customer guarantees that the data and information provided are correct, complete and certain.
6.2 The customer agrees to fully compensate Populetic in all aspects for all claims of third parties, for incorrect communication of the client, provision of data or conduct fraudulent.
6.3 In case of incorrect data and information or fraudulent conduct, Populetic reserves the right to terminate the agreement with immediate effect. If the agreement ends in accordance with this paragraph, the client will not have any right to compensation.
6.4 The documents drafted and used for the complete management of the claim (both extrajudicial and judicial) are the property of Populetic. Therefore, Populetic reserves the right to deliver the same to the client. The client will be informed of the status of his claim whenever he requests it.
7. Withdrawal Policy:
7.1 Given the nature of the service, the client is aware that once the authorization document has been signed, it will be considered that the execution of the provision of the service has begun and, therefore, he will not have the right to desist from free of charge in accordance with article 103 of Law 3/2014, of March 27, which modifies the General Law for the defense of Consumers and Users.
7.2 However, Populetic grants the client a period of 3 days from the signing of the authorization to revoke their consent (by letter, email or fax) at no cost and without the need to specify any reason. To exercise their right to revoke their consent, the client must state unequivocally that he wishes to cancel the claim. The communication should be sent to the address CUSTOMER CARE TECHNOLOGIES SL, Rambla Iberia street, 97 CP: 08205 Sabadell (Barcelona), to the email email@example.com or to the fax 933 969 865.
7.3 The client can not revoke the acceptance of the agreement if the airline had informed Populetic of the acceptance of the claim, since in that case the requested service would have been completed.
8. Final Provisions:
8.1 Populetic is authorized to modify these Terms and Conditions, fees, commissions, and to establish additional conditions at any time and without notice. However, those changes that entail a negative effect on the client will not be applied to it unless they access these new changes.
8.2 The laws of Spain to these Terms and Conditions, the authorization document and the agreement between Populetic and the client. Any conflict in relation to these Terms and Conditions, the document of authorization and assignment of rights or provisions of the website, must be resolved exclusively before the courts of Barcelona.
8.3 If any provision of these Terms and Conditions were or became null, illegal or unenforceable, this will not affect the validity of the remaining provisions.
8.4 The full text of these Terms and Conditions and the authorization document have been drafted in several languages, although in case of discrepancy in interpretation, the Spanish version will prevail.
Use of Gmail data
We have developed a web PHP application that connects to the GMail API in order to read user's inbox to check if there is any claimable flight. The objective is pull flights information from the email to check if they have suffered a disruption and are elegible to fill a claim against the airline.
In order be able to use this application, customers have to grant access by using OAuth 2.0 protocol. This application will connect to the user's inbox by using the most restrictive and less intrusive method, granting only read access to data and metadata.
Gmail's API will provide Populetic with a unique identifier (token) that will be encrypted and stored in our database. This token will grant us read-only access to the data to try to find more elegible flights to fill new claims.
Populetic won't store any other data but the token, so we will never store or share with others your emails or data.