Política de privacidad

EVERYDAY SOFTWARE, S.L. a company with address in Carrer d'Àlaba, 61, 5-2, 08005 Barcelona, Spain and VAT number B66854530 (hereinafter, “Desky”) is committed to protecting your personal data. This privacy policy (hereinafter, “Privacy Policy”) will inform you as to how we look after your personal data when you interact with our website (hereinafter, the “Website”) or our platform (hereinafter, the “Platform”). 

Contact Details

  • Telephone: +34 93 220 59 76
  • E-mail: support@factorial.co

1. Desky’s Services

Desky is a cloud-based platform used by organizations in their capacity of employes (hereinafter, “Customers”) to create a digital plan of their offices, visualize and manage their occupation in real time, and to reserve hot-desks, desks or meeting rooms easily. 

2. Controller or Processor 

Desky can be both a Controller and a Processor of personal data for the purposes of the General Data Protection Regulation (hereinafter, “GDPR”). For example, Desky will be the Controller of personal data when a Customer enters into a contract directly with us, for the processing of said Customer’s data.

However, in most instances due to the nature of our business Desky has no direct relationship with the data subjects and exclusively processes the End User’s personal data on behalf of the Customers and according to their instructions. Thus, if you are an employee using our platform we act solely as a data processor with respect to the processing of your data. Our Customers decide the purposes for which they use our Platform, as well as the means for collecting data from our platform’s magnitude of features. 

In the case of users who browse our website, Desky will be a processor of data collected here, such as cookies, or any data that is interesting to enjoy our content. 

Example: if you are a user of our website and you need to access a particular service, such as subscribing to a newsletter, we will manage your personal data for the intended purpose. 

3. End-Users’ personal data received from our Customers

Before you can access to our Platform, one of our Customers, as your employer, has already created an End-User account for you and provided us certain data about yourself, including:

  • Basic information: Full name, work email, demographic information.
  • Other information: When necessary, specific information may be required to process an order or make a delivery or billing. 

4. Purposes and basis of the processing of your personal data

Desky processes your personal data:

  • To allow you to use our website and platform.
  • To reply to your request of demo, contact, or further information as a Customer, provider or End-User. 
  • For the drafting, negotiation or signature of contracts or other agreements with you.
  • For the purposes determined by our Customers - as data controllers - and under their instructions as established in the Data Processing Agreement (DPA) entered into between us and our Customers.

Desky does not process your personal data for its own purposes. When we process usage and analytics information, as well as some statistical and aggregate data derived from personal data for the improvement and further development of our services, we do so in an anonymized manner.

  • In the event that the client wishes to use any of the integrations offered by our platform for different functionalities, the client must accept the respective terms and conditions and privacy policy of these providers, and the data will be processed for the purposes determined in said policies. 

5. Legal Basis

The processing of your data is carried out in accordance with the following legal bases: your consent in accordance with Art. 6 para. 1 lit. a) GDPR or, as the case may be, Art. 9 para. 2 lit. a) GDPR, for the performance of a contract with you in accordance with Art. 6 para. 1 lit. b) GDPR, or for a legitimate interest in accordance with Art. 6 para. 1 lit. f) GDPR.

The legal basis for processing your data in accordance with the stated processing purposes is:

  • Contacts: if you wish to contact us, for example because you send us an email or write to us via a contact form, the legal basis is Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in the complete processing of your contact. Since you are contacting us, we assume that there are no interests on your part that conflict with the processing of your request. If the contract is for the purpose of concluding a contract or the performance of a contract, the legal basis for the processing is § 6 (1) lit. b) GDPR. If consent is given, the legal basis for processing the contact is Art. 6 para. 1 lit. a) GDPR or, where applicable, Art. 9 para. 2 lit. a) GDPR.
  • Contracts: The legal basis for processing your personal data for the performance or initiation of contracts is Art. 6 (1) lit. b) GDPR. This includes, in particular, the processing of data through the use of our Platform, unless another described processing purpose (and corresponding legal basis) applies and is relevant. In addition, we also process your data in accordance with legal provisions resulting, for example, from tax law. This type of processing is lawful according to Art. 6 (1) c) GDPR. In the case of requests that do not give rise to a contractual relationship, we have a legitimate interest pursuant to § 6 (1) (f) GDPR to keep track of the request data for a limited period of time in order to assert our legal claims or defend ourselves against lawsuits.
  • Security and presentation of our website: Each time our website is accessed, usage data is transmitted by the respective internet browser and stored in log files, so-called server log files. The data records that are stored are the name of the website accessed, the file, the date and time of access, the amount of data transferred, the notification of successful access, the type and version of the browser, the operating system of the user, the referrer URL (the previously visited page), the IP address and the requesting provider. These log file data records are evaluated to protect our website against attacks, to find and correct errors and to monitor server utilization. This is also our legitimate interest according to Art. 6 para. 1 lit. f) GDPR. Cookies and other technologies may be necessary for the complete and correct display of our website. Unless otherwise specified, the complete and correct display is a legitimate interest on our part in this data processing in accordance with Art. 6 (1) (f) GDPR. The legal basis for the use of the Quora service is Art. 6. Para. 1 lit.f) GDPR. To disable the tracking feature via Quora Pixel, please visit this page: https://www.quora.com/optout.

6. Security

Desky implements state of the art security standards to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. We also implement appropriate organizational measures to protect your information.

We apply our security standards also when working with business and technology partners. We only select and contract with processors and third parties who use appropriate security measures and provide sufficient guarantees, including technical and organizational measures, to ensure the appropriate protection of the data we entrust with them.

Moreover, Desky’s employees have signed a Non-Disclosure Agreement or clause in connection to their employment and we have set internal processes such as continuous training and policies that are frequently updated to ensure the availability and resilience of our systems and services. Additionally, Desky has a defined an incident response plan in case of a physical or technical incident. 

7. Sharing of your personal data

Data processed by Desky is hosted in the EU and processed either within the EU or such third country deemed to offer an adequate level of security by the European Commission, or by service providers that have entered into binding agreements that fully comply with the lawfulness of third country transfers. 

Other recipients of your data may include government agencies and administrations, to the extent that we are legally obliged to do so and service companies, such as tax advisors or lawyers. 

8. Retention period

We keep personal data for different periods, depending on the type of information, the period of our contract with our Clients, legal requirements regarding certain types of data, and other factors. 

Generally speaking, we will stop processing your information when (a) your employer is no longer a Customer of Desky; or (b) you are no longer an employee of our Customer. If circumstance (a) or (b) occurs and we are under no legal or contractual duty to preserve your information for a longer period, we will delete your data.

If we have to retain your information for the purposes of complying with a contractual or legal obligation of retention, or to resolve disputes or enforce our rights we will restrict its access by specific persons or roles. 

9. Your rights 

Under the GDPR you have certain rights when it comes to our processing of your personal data:

  • Right to be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights.
  • Right of access: You have the right to obtain access to your personal data.
  • Right to rectification: You are entitled to have your personal data rectified if they are inaccurate or incomplete.
  • Right to erasure: This right enables you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it. This is not an absolute right to erasure and exceptions apply.
  • Right to restrict processing: You have rights to ‘block’ or suppress further use of your personal data. When processing is restricted, we can still store your personal data, but may not use it further.
  • Right to data portability: You have a right to obtain and reuse your personal data for your own purposes across different services. 
  • Right to object to processing: You have the right to object to certain types of processing.
  • Right to lodge a complaint: You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection authority.
  • Right to withdraw consent:  If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time.
  • Right not to be subject to automated-decision making: You have the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal (or similarly significant) effects to you.

Desky usually acts on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for:

  • baseless or excessive/repeated requests; or
  • further copies of the same information.

You can address your communications and exercise your rights by sending written communication to the following e-mail address GDPR@factorial.co In some cases, the request may be refused if you ask for the deletion of data necessary for the fulfillment of legal obligations. 

10. Changes to this Privacy Policy

We reserve the right to change this privacy policy to accommodate product and service development, industry standards, or new regulations. If such changes are material in nature we will do our best to inform you.