Privacy Policy

All the information regarding our Privacy Policy.

Last update: January 2026.

Below, we inform you about the processing of personal data that we perform in Factorial. With this privacy policy we want to comply with any legislation on data protection that applies to us because of the territories in which we operate.

Today in Factorial we treat data in different ways and with different types of relationships: leads, customers, web users, users of our HR platform. It is possible that some of these sections apply to you because they are generic and that in others you only have to consult some of their sections. If this is the case, you will only have to go to the subsection that interests you.

1. What is the information of the Data Controller and the Data Protection Officer?

EVERYDAY SOFTWARE, S.L. a Spanish company with address at Carrer de Llacuna, 56, Ground floor reception, Building C, Sant Martí, 08005 - Barcelona (Spain) and CIF B66854530 (hereinafter, "Factorial HR" or "Factorial") is committed to protect your personal data. This privacy policy (hereinafter, the "Privacy Policy") will inform you about how we take care of your personal data when you interact with our website (hereinafter, the "Website"), a brief description of the processing that we carry out on our Platform (hereinafter, the "Platform") as data processors in the context of the provision of our services.

Contact details of the person in charge: e-mail ([email protected])

DPO contact details: e-mail ([email protected]), postal address (FIRST PRIVACY B.V., Naritaweg 127-137, PC 1043 BS, Amsterdam, Netherlands)

2. Factorial HR Platform Services

Factorial's core service consists of the provision of a cloud-based business and HR management platform used by organizations in their capacity as employers (hereinafter referred to as "Client" or "Clients") to optimize their processes by centralizing and digitizing administrative tasks related to their employees or collaborators (hereinafter referred to as the "End Users").

In this context, Factorial processes your personal data as a data processor. Due to the nature of our business, Factorial does not have a direct relationship with data users or data subjects, and we cannot guarantee the processing of personal data by our Controllers. Therefore, at Factorial we only process End User's personal data on behalf of our Clients and in accordance with their instructions. Therefore, if you are an employee/collaborator who uses our Platform as a user, we inform you that we act only as data processors of your data. Our Customers decide the purposes for which our Platform is used, as well as the means used for the collection and processing of data according to the extent of the functions of our Platform, and any additional processing on them.

Examples:

If you are an End User of the Platform and you want to access certain information, you must go to your employer. Factorial cannot give you access to such information, unless expressly requested by the Client or a body with sufficient authority.
On the other hand, in the case of those employees of the Client or third parties (such as self-employed professionals, candidates in selection processes, former employees, etc.) who want to communicate a situation through the internal information channel that we offer to our Clients and do not opt for anonymity, Factorial will be responsible for the processing of personal data entered through this channel, being the Client who decides the purposes for which this channel is used.

The data subjects whose personal data we process in this context refer to the End Users of the Platform. Alternatively, with the use of the Platform we may come to process the data of individuals whose data is provided by the Platform End Users themselves.

In general, the categories of personal data that can be entered on the Platform can be of the following types, always at the request of our Customers:

Direct identifying information (e.g., name, e-mail address, phone number).
Indirect identifying information (e.g., job title, gender, date of birth, user ID).
Employment information (resume, employment contract, job offer, performance reviews, etc.)
Financial information (bank account, bank entity, payroll, etc.).
Device identification data and traffic data (e.g., IP addresses, MAC addresses, web logs).
Any personal data provided by End Users of the Platform.
Any personal data contained in a document provided by End Users and/or the Client.

If you decide to access our Platform through the website using the Google, Okta or Microsoft Azure login tool, these companies will share with us your full name, your email address, your language preferences and your profile picture for authentication purposes. The data is transmitted for the stated purpose of login and Factorial makes efforts to respect at all times the configuration that the End User has determined for your account with Google.

As for the types of processing operations, they may vary from the collection or registration of your data within the Platform, such as its organization or structuring, storage, conservation and, ultimately, once the relationship is terminated, its deletion and final destruction at the request of the Customer.

In case you have access to our current list of sub-processors, you can consult our Processing Assignment Agreement for the updated list of sub-processors or directly by sending a message to [email protected].

For the specific geolocation functionality, we inform the data subject that Factorial works with the Google Maps service. In this regard, our End Users can access the Data Protection Terms and Conditions of this independent data controller at: https://cloud.google.com/maps-platform/terms/maps-controller-terms.

In the event that our Clients wish to use any of the integrations that we offer with our Platform to complement different functionalities, they must accept the respective terms and conditions and privacy policy of such providers, and the data will be processed for the purposes determined in such policies. When third-party integrations, service providers, or external applications are used through the Marketplace operated by Factorial, these integration providers act as independent data controllers and/or independent data processors, depending on the type of application and their relationship with you or your employer.

Factorial may be required to transmit data to one of these integrations. In such cases, Factorial will carry out the transmission as part of the service provided in its role as data processor under the Client's instructions.

Before contracting any integration service with third-party software, we recommend that you review and evaluate the privacy policy of that provider, the terms of use, the security measures, and compliance with applicable data protection laws.

We may also process certain data for security reasons and to ensure the integrity, availability, confidentiality, and prevent bias in the artificial intelligence of our Platform. Our IT and Security teams may collect and analyze usage, technical, activity, or metadata, limited to the customer's instructions and aimed at detecting, preventing, and responding to security incidents, such as unauthorized access or anomalous behavior, always in compliance with the security measures established in the data processor agreement and for the exclusive benefit of the Customer.

As we have already mentioned, from Factorial we do not process your personal data for our own purposes without a legal basis or authorization from our clients. It is possible that we process usage and analytical information, as well as financial, statistical and aggregate data of the Platform. From all this information, there may be certain data derived from personal data. Whenever we are going to use any of this data for the improvement and further development of our products and/or services we will do so only if it is disassociated or anonymized. Please note that this treatment is not the same as the use of analytical cookies, which, as a user of our website or Platform, you can freely authorize or deny at the first time you access or at any time via Settings on the Platform. To do this, we use tracking devices and platforms that may allow us to collect usage data or metadata from the Platform. This usage data allows us to analyze the operation of the Platform when our users interact with our different functionalities and to detect possible errors or incidents in order to try to correct them from a technical point of view. However, the use of these devices for analytical purposes will be subject to the consent of the End Users in a first access and their acceptance may be configured at any time thereafter, in accordance with what we inform through the Cookies Policy of the Platform (available at any time once you access through the "My Settings" section from your user account).

For security reasons and to ensure the integrity, availability, and confidentiality of our Platform, our IT and Security teams may collect and analyze certain usage, technical, activity, or metadata data and, if necessary, forward it to our Customers for their own analysis and decision-making. This processing will be limited to the customer's needs and instructions. In this regard, it will be proportionate and aimed at detecting, preventing, and responding to security incidents, such as unauthorized access or any anomalous behavior that could compromise the Platform or the data.

In this context, once Factorial has finished providing the processing services, we will, by default, keep the data blocked in an S3 system for twelve (12) months. We recommend that our Clients take advantage of this opportunity to extract all the information from the Platform before the effective cancellation of access to the Platform or, failing that, within 30 days after that date. After these 30 days, and in the absence of an express request for deletion, the data will remain blocked for a period of one year. After this one-year period, we will permanently destroy your personal data from the Platform.

3. What personal data do we process?

Not all the data detailed in this section apply to any treatment. In order to consult the exact type of data that applies to each treatment and its origin, please review this and the following section on purposes and bases of legitimacy.

In general, in order to provide our various services we collect the following personal data:

Data of our leads and/or web users

If you are part of our Factorial database, we may have received the following information about you:

Identification data and professional contact data: Such as name and surname, corporate email and telephone, treatment, user name of the corresponding social network, position and organization to which you belong, as well as size and sector of the organization and country.
Cookies, navigation data, traffic data and/or metadata: IP address, behavioral data through our website (provided you have consented).
Data about the preferences and needs of your organization: Consists of information provided directly by you about which Factorial applications may interest you, as well as information deduced by Factorial about the behavior of the lead or user with respect to Factorial's contents and websites and the preferences and needs that the organization of which you are a part may have.

You provide us with such data directly through forms such as direct contact forms, demo request forms, forms for attending events, business fairs and/or webinars, registration on our marketplace, and integrations or forms for requesting materials and/or digital content offered by Factorial, among others.

Notwithstanding the foregoing, we may also collect your data through third party providers with whom Factorial has a contractual relationship or through social networks and similar platforms, such as Linkedin, to the extent that we have the authority to do so.

For all these cases, from Factorial we try to ensure that these suppliers collect the consents correctly or that they have the pertinent evaluations and if they have adequate protection measures.

Contact details of our customers

Once there is a contract between Factorial and its Clients, as a representative of your organization or point of contact, we may have received the following data for purposes such as the proper management of the contractual relationship or the offering of new services of interest to the customer:

Identification and contact information: Name and surname, corporate email and telephone number, position and organization to which you belong, as well as size and sector of the organization and country.
Behavioral data: From Factorial we will use your behavioral data as a Client in the interactions with us or in the context of the provision of our services.

Clients provide us with such data directly or through the respective contractual agreement or as a result of contacts between Factorial and your organization. This data is processed by Factorial as the data controller.

Data of minors

Factorial offers a B2B service to organizations, aimed and intended to be used by adults. Factorial's services are not aimed at processing personal data of minors without legal capacity to hire or work. Our services are focused on human resources management in the context of an organization. In this sense, we do not authorize persons under legal age or without legal capacity to hire to create an account in our Platform or to request our services. In case we notice that a minor without legal capacity to hire wants to use our Platform we reserve the right to cancel it, to immediately delete such data from our systems and take any legal action we deem appropriate, among other appropriate measures.

4. What are the purposes and legitimate bases for which we process the data?

In order to give you this information in a clear and as understandable as possible, in this section we want to divide the purposes for which we can treat your data according to the group of interested parties of which you are part, as well as by basis of legitimacy within each group of interested parties:

Leads and/or users from our webs:

We process your data as a lead or user of our websites for the following purposes:

a. The following processing purposes are carried out on the basis of your consent:

We want to emphasize that in relation to these purposes you will have the right to withdraw your consent at any time.

To contact you for commercial purposes through different channels (both online and offline), as well as to send you personalized commercial communications, based on the creation of a profile developed on the basis of legitimate interest (we will provide a more detailed explanation later in this same policy) and including preparatory tasks that enable effective commercial communications in accordance with regulations.

Among the preparatory tasks we carry out are the following: 1) Verifying the validity and deliverability of communications to our lead database, without sending any emails; 2) Reviewing our database in order to remove any contacts that are problematic in terms of compliance, that are on our exclusion lists, or that we detect are inactive or unsuccessful in receiving communications; 3) Combining or unifying lead contact information for more targeted and personalized marketing; 4) Ensuring that contacts comply with applicable data protection regulations.

In addition to email, Factorial will communicate with you for advertising purposes through various online channels, in particular social media or third-party platforms (e.g. social networks such as Instagram, Linkedin, etc. and through methods as custom and/or lookalike audiences).

At Factorial, we strive to use all these channels in the best possible way and in compliance with data protection principles. In this context, your data will always be shared with the respective guarantees of confidentiality and data security.

If we have not obtained your contact details directly from you, we will inform you, among other things, of the source from which we have obtained such data. For example, from an online contact form from a third-party provider, from our partners, as well as through webinars, trade shows, conferences, or similar events that you have attended and where your contact details are legitimately collected and shared with Factorial.

To manage your participation in any of our promotional activities, events, courses and/or webinars; and, if necessary, to communicate any updates on such activities and/or manage the delivery of the corresponding prize or information related to the action or event.
Capture, recording, and subsequent use of images and voices of attendees during our activities or events;

In the context of the events or activities we carry out, we may record and/or take photographs in which your image and/or voice may appear. The purpose is to promote and publicize these events or activities, as well as the Factorial brand.

Communicate your identification and professional contact details to third-party partners with whom we carry out joint promotional activities, provided that you have given us your specific consent; provided that you have given us your consent.

Occasionally, we hold events, courses and/or webinars and other types of activities in which we manage your data in collaboration with other organizations or acting as promoters. In these cases, we will ask for your prior consent to communicate them to these third parties for their own commercial purposes, such as sending information and content related to their products and/or services. These third-party collaborators will have their own privacy policies, and you can obtain more information about the processing of your data that will be under their responsibility. For more information regarding the possible communication of your data to third parties, you can contact us at [email protected].

To provide you, at your request, with some of our resources available through our websites.
Analyze your behavior on our websites to understand your preferences regarding our products, content and/or services through cookies and other tracking devices. For more information, please refer to our Cookie Policy.
Record and transcribe meetings held with leads.

When you participate in a video call with Factorial, you will be informed if it is being recorded and transcribed using tools that incorporate Artificial Intelligence functionalities. We will also request your consent prior to the start of the recording. Likewise, at any time you can inform our agents of your opposition or refusal to the recording, as well as request that it be interrupted at any time during the course of the call.

We record and transcribe our video calls using AI assistants with our agents for the following separate purposes:

i) Improving and verifying service quality: We analyze conversations to identify areas for improvement in the service provided, in our business processes, and in the quality of our products and services, with the aim of improving your experience as a potential customer.

ii) Internal training: We provide structured feedback and training to employees on communication practices. From these recordings, we can generate training material to review real interactions, offer structured feedback, and improve the communication and customer service skills of leads who communicate with our teams.

iii) Documentation of interactions and relationship tracking: We will retain certain key interactions to ensure the proper documentation of agreements, commercial commitments, and conversations with key information for the proper tracking of the relationship with the lead.

iv) AI scoring for analytical purposes: Analysis of transcripts and basic metadata (such as meeting duration) to verify the proper development of our commercial methodologies and detect possible opportunities for improvement. This analysis i) is performed on transcribed text and technical data from conversations; ii) under no circumstances analyzes tone, emotions, or biometric data to analyze the feelings or personal characteristics of participants; iii) generates results based on the call, not on individual participants; iv) incorporates human supervision for review and approval before any conclusions or actions are taken.

b. The following purposes of processing are carried out on the basis of the performance of a contract to which the data subject is a party or for the implementation at the data subject's request of pre-contractual measures:

Business relationship management and agreement finalization:If the business relationship with the lead or potential customer progresses, we will prepare and send you a financial proposal tailored to your organization's needs.

We may also need to process your data in order to readjust these financial proposals, negotiate their contractual terms, and ultimately formalize offers tailored to your organization's needs.

Contact you and set a date together for a demonstration of the Platform. If you request a demonstration of the Platform, we may process your data to automatically send you an invitation based on the nearest availability of any of the agents available, or contact you through the means you have provided us to schedule it. If negotiations progress and a commercial agreement is reached, we will send you a financial proposal tailored to the needs of your organization and sign the corresponding contract.

Manage your requests via the website.

We will collect, respond to, and manage your requests through our forms, chats, or other web channels. In particular, for those demo forms that allow users to start using a free trial account for any of our products, or that allow us to respond to and manage subsequent requests related to that trial account, such as extending the trial period or changing the account settings.

In the case of queries or requests through our web chats, we may use a bot for initial attention and redirection of the request to our agents.

Integrations Marketplace Management. In order for you to access the Integration Marketplace as a web user and connect tools to our platform, we need to process your personal data. This includes allowing you to explore and select integrations and, in some cases, collecting basic contact information, such as the name and email address of your organization's representative.

Depending on the integration you choose, this data may be necessary to facilitate installation, initiate contract contacts, or any other steps that help your organization start using the integration with the Factorial Platform. We act solely as managers of the Marketplace, which means that this data processing is limited to providing you with access to information and connection to available integrations.

It is important to note that once you decide to use an integration from a third-party provider, they generally act independently of Factorial, either as the data controller or the data processor. This means that the processing of personal data by these third parties is governed by their own privacy policies and terms, and we have no control over how they process your personal information.

If you need more details about how an integration provider processes your data, we recommend that you review their privacy policy or contact them directly.c. The following processing purposes are carried out on the basis of our legitimate interest:

Create a business profile about you and your organization.

As a relevant contact in your organization, we will create a business profile about you that will be associated with your company. The ultimate purpose is to create a profile about you so that later on we can contact you in a personalized way through different channels and based on the data we have obtained about you, as well as through different sources, such as third-party online forms that you have completed to request information about Factorial, databases from specialized third-party providers with guarantees that the data has been obtained legitimately and with the necessary authorizations for commercial prospecting, as well as public sources, our partners, business directories, or professional profiles accessible on platforms or social networks and the internet. In this regard, we will ensure that the use of this data has a legitimate basis in a B2B context. These third parties collect your personal data as independent controllers in accordance with their own privacy policies. If you wish to have your data removed from their respective databases, you must contact them directly. To the extent possible, we will inform you and try to provide you with the necessary information to exercise your rights directly. If the business relationship progresses, other bases of legitimacy may apply, such as consent or the execution of pre-contractual measures.

Factorial's legitimate interest in relation to the processing we carry out is based on being able to offer our products and services in accordance with your organization's possible interest in having a personalized relationship with Factorial and customizing our contacts to make them more attractive according to the profile of the company we are targeting. The benefit this generates for us is to increase the reach of awareness of our products and services, as well as their sale, if they end up being effective. The benefit for you as a data subject is to have useful information for your company about our platform, as well as related products and services that may be of maximum interest to the organization you are part of. If you wish to access this assessment, you can request it through the following account: [email protected].

More specifically, in relation to the profiling we carry out, the data that may be processed for this purpose includes your position, first and last names, the company you belong to, your interactions with our products or content on our websites (provided you have consented to the use of cookies), as well as the features of our platform that you have indicated as being of interest to you.

You have the right to object to this purpose at any time. Under no circumstances will opposition to this processing worsen or condition your business relationship with Factorial. If you only object to this purpose and we continue to have your consent to send you advertising or commercial communications, we will continue to offer you our products or services, but in a more generic way.

i) Segmentation and personalization based on a basic commercial profile about you and your organization

Provided we have your consent to receive exclusive or personalized advertising communications, these communications may be sent based on the profile generated from the data described and in accordance with the characteristics detailed in this privacy policy.

In addition to email, Factorial will communicate with you for advertising purposes through various online channels. In particular, we use social media and third-party platforms.

In relation to the use of channels offered by social networks or platforms in general, in order to use them, we must provide a series of necessary and sufficient data, such as: name, country, email address, and corporate telephone number. Before sharing your data with these platforms or social networks, your data will be encrypted using tools provided by them. In this way, only the social network or platform will be able to verify that there is a match with one of its users. In other words, once we submit this data, the social network or platform will automatically assign an encryption code to prevent us from identifying users, and only then will it check if there is a matching user in its community.

The platforms we are interested in collaborating with are those where we can have a useful impact on our professional leads. Each platform will have its own way of referring to this, but these methods of generating audiences are usually known as custom audiences, matched audiences, or personalized audiences. By default, in the context of these platforms or social networks, we will only apply customized audiences with a single segment set by Factorial, which will be based on the preferred features indicated by the lead themselves or for the purpose of ensuring that you do not receive any more advertising related to Factorial (i.e., to exclude you from receiving our ads and not overload you with commercial information).

Factorial does not have access to the data of these social networks or platforms. Your social network user data is not shared with us at any time. We will simply have access to statistical information related to the database we have provided. In this sense, the social network or platform does not allow us to communicate directly with you. If you have a user account on that social network or platform, you will be shown advertising communications within the social network itself.

Additionally, at Factorial we can also apply what is commonly referred to as “lookalike audiences.” These activities consist of platforms or social networks displaying advertising information to third-party users with profiles similar to those of Factorial users. In other words, these platforms will determine that you have similar tastes or preferences to our users and will show you promotional content from Factorial because they believe it may be of interest to you.

Despite the above, we want to make it clear that your privacy settings on these platforms or social networks will prevail. Even if you have consented to receive advertising communications from Factorial, if you have restricted the privacy permissions of your profile through the respective social network or platform, we will not be able to carry out these activities. If you wish to restrict the privacy settings of your user profile, we advise you to consult the current terms and conditions and privacy policies of these platforms or social networks directly.

If you wish to receive non-personalized advertising communications and, therefore, do not want us to process your data to carry out these advertising activities on social networks, you can object by sending your request directly to [email protected] and we will respond to your request.

Factorial's legitimate interest in relation to the profiling of these advertising services through social networks or other platforms consists of our intention to improve our advertising communication strategy with our professional leads and ensure that they receive information that is truly of interest to them based on the type of organization they are part of. The benefit this generates for us is to increase the reach of awareness of our products and services, as well as the contracting of our services—if this ends up being effective. The benefit for you as an interested party is to have information about human resources management platforms, as well as related products and services that may be of interest to the organization you are part of. If you would like to access this assessment, you can request it from us via the following account: [email protected].

Finally, please note that you may occasionally see Factorial advertising on social media without us having previously shared any of your personal data. In these cases, it is the platform or social media site itself that shows you advertising according to its own criteria. The display of this advertising will depend exclusively on how you have configured your user profile on that platform or social media site.

ii) Basic scoring based on a set of pre-established segments

At Factorial, we use a series of algorithmic models that allow us to:

(1) better personalize our treatment and commercial communications with the lead; and

(2) determine the segment or score of the lead. This will allow us to predict certain results and follow a commercial strategy with respect to the lead and incorporate it into certain personalized and predefined treatment sequences. To this end, we will offer you those products or services that we consider to be of greatest interest to you. If you wish to access the weighting of rights, you can request this from us via the following account: [email protected].

More specifically, provided you have consented to receive personalized communications, we will create a profile and apply sequences according to the interests shown or according to the characteristics of the organization to which you belong (size, sector, country, etc.).

These personalized sequences are determined through a series of calculations based on a predictive model or pattern. In order to improve these predictive models or patterns, we provide the aforementioned data for training and improvement purposes. In this way, we optimize the rules of these sequences or predefined profiles that have been assigned to you. Ultimately, we will be able to continue offering personalized treatment to the lead, allowing us to know which features of our products or services we should highlight to generate greater interest.

It is important to note that these models do not have the ability to think or make decisions on their own. They are designed for very specific tasks and cannot be applied to situations outside of those tasks. They are statistical models that help identify patterns in data to predict the probability of something happening, such as whether a customer will make a purchase or abandon our service. These models do not make decisions automatically. What they do is provide predictions that help our team members make more informed decisions.

You have the right to oppose this purpose at any time. Under no circumstances the opposition to this processing worsens or conditions your business relationship with Factorial. If you only oppose to this purpose and we continue to have your consent to send you advertising or commercial communications, we will continue to offer you our products or services, but in a more generic way.

Manage contacts and communications received through our authorized contact channels.

We will manage any questions, comments, or opinions you share with us through the authorized channels (forms, email accounts, social media, and/or messaging platforms) in order to respond to communications received, maintain a transparent relationship with users, and protect the company's reputation on these communication channels.

This processing benefits both parties and allows us to offer smooth, transparent, personalized, and effective customer service, as well as maintain a high level of user satisfaction with Factorial.

Retention of recordings for legal defense and regulatory compliance.

We inform you that we may retain certain specific recordings and/or transcripts necessary for Factorial's defense against legal claims, contractual disputes, or administrative or judicial proceedings. We will only retain recordings directly related to a specific legal risk or identified claim. The recordings and/or transcripts will be duly blocked and will not be used for any other subsequent purposes. Access will be strictly limited to authorized personnel.

This processing allows for defense against legal or reasonably foreseeable claims or disputes. Having evidence of the existence of a contract between Factorial and the corresponding company will benefit both parties in defending their legal position in administrative or judicial proceedings and providing evidence of commitments or statements made during the recording.

Conducting surveys of leads, web users, potential customers, partners, and/or event attendees about their satisfaction with the commercial interactions, events, or promotional activities in which they have participated

These surveys are not mandatory, but they are very valuable to us. In this regard, we review your comments or interactions in order to evaluate the perception and reputation of the Factorial brand, identify opportunities for improvement, and assess the overall experience.

At Factorial, we conduct these surveys with the intention of identifying areas for improvement, learning about your level of satisfaction, and obtaining useful information for the continuous improvement of our services and actions. As a respondent, the benefit of answering these surveys is that, based on your opinions or suggestions, we improve our processes and strive to maintain your high level of satisfaction.

Clients:

We process your data as a professional contact of Factorial's clients for the following purposes:

a. The following processing purposes are carried out on the basis of your consent

We would like to point out that in relation to these purposes you may withdraw your consent at any time.

To manage your participation in any of our promotional activities, programs, events, courses and/or webinars; and, if necessary, to communicate any updates on such activities.

If you have given us your consent, we will use photographs and/or videos in which you appear to disseminate content about Factorial for promotional or advertising purposes. This content may consist of interviews, testimonials, events, or other activities related to Factorial.

For the management and delivery of gifts or promotional benefits aimed at customers

The purpose is to promote or foster the commercial relationship, loyalty, and recognition of the collaboration provided by the customer. Delivery can be made in person or online. In order to carry out this activity, we will first contact the organization's point of contact and, with their authorization, the corresponding gift will be sent to the organization's corporate address.

Analyze your behavior on our Platform to understand your preferences regarding our products, content and/or services through cookies and other similar tracking devices.Recording and transcription of videoconferences with customers: When you participate in a video call with Factorial, you will be informed if it is being recorded and transcribed using tools that incorporate Artificial Intelligence functionalities. We will also request your consent prior to the start of the recording. Likewise, at any time you can inform our agents of your opposition or refusal to the recording, as well as request that it be interrupted at any time during the course of the call.

We record and transcribe our video calls using AI assistants with our agents for the following separate purposes:

i) Improve and verify service quality: We analyze conversations to identify areas for improvement in customer service, our business processes, and the quality of our products and services, with the aim of improving your customer experience.

Manage and maintain the development of the contractual relationship with the Client.

In this context, from Factorial we will carry out several processing activities focused on providing a service throughout the life cycle of service provision and to establish good communication with the administrator users of the Client's account and/or other users who request assistance. These can range from assistance in loading information and initial support to the administrator users who will manage the Platform, such as sending offers on new features and their subsequent activation and contracting, payment or collection management, informative communications related to the contractual relationship, assisting and supporting users in clarifying doubts, providing information or resolving incidents, conducting meetings and even the final support for the management of the Client's offboarding with Factorial.

To manage your participation in any of our promotional activities, programs, events, courses, and/or webinars.

If you wish to participate in any of our promotional activities, including our Referral Program, we will process your data to manage your participation in any of our activities.

Whenever you wish to participate in any of these activities, you must follow the instructions in our specific terms and conditions, and we will process your data in accordance with them and for the purpose of managing your participation. If you meet the requirements of the activity, we will process your data in order to send you the corresponding prize or incentive.

In the context of the Referral Program, for example, we may process your data for the purpose of managing referrals from other organizations to Factorial, verifying compliance with the requirements of said program, and, where applicable, sending you the corresponding incentive or benefit.

For more information, you can access the specific terms of the Referral Program or corresponding program on the form for each action.

To manage the collection of outstanding debts from customers in the event of non-compliance with their payment obligations, including sending reminders to the debtor, either directly or through a lawyer, as well as the internal procedures necessary for processing these communications.

This management includes sending reminders and formal debt collection notices, internal procedures for managing non-payments and, if necessary, coordinating with collection agencies or legal advisors to recover these amounts. If necessary, Factorial may coordinate with collection agencies or providers and initiate legal action for non-payment in court. These actions will be carried out under the protection of legitimate interest, with the aim of recovering the amounts owed.

c. The following processing purposes are carried out on the basis of our legal obligation:

Reception and management of communications through Factorial's internal complaints channel.

To better understand the context of this processing of your data, we recommend that you always review the respective privacy policy of our internal channel and thus have more detail of the purposes for which we will process your data, as well as the rest of the information on data protection.

Compliance with legal obligations, including those related to the prevention of money laundering and terrorist financing and the prevention of fraud.

These processing activities are mainly focused on compliance with the due diligence measures to which we are subject in accordance with the applicable regulations in force.

d. The following processing purposes are carried out on the basis of our legitimate interest:

Promotion and offering of additional modules or features of the Factorial platform.

Promotion and offering of additional modules or features of the Factorial platform to customers who already use our services, in order to tailor the solution to their needs, improve their experience, and optimize their use of the platform.

This processing allows us to improve the scope of our different products and services and enables our customers to learn about new modules or features that can add value to the service they have already contracted, optimizing their experience with the platform and facilitating more comprehensive and efficient management of their business processes.

Recording and transcription of telephone calls with customers: Recording, transcription, and storage of calls with our agents to verify service quality, internal training, and, if necessary, improve the process experience.

Whenever necessary and whenever you participate in a telephone call that is going to be recorded, you will be duly informed of this and of the purposes for which we are recording the call.

At Factorial, we make these recordings in accordance with data protection principles and with the intention of identifying areas for improvement, both in the service provided to our customers and in the quality of any of our products and services.

Conversations with customers are analyzed to obtain qualitative information that we can use to improve our products and services, optimize our sales strategy, and train customer service teams. As a customer, the benefit is that, based on the opinions or suggestions you give during these meetings, we can correct any possible errors detected in our products and services, as well as in the service provided. At Factorial, we continuously strive to ensure that your level of satisfaction remains high.

To improve the quality of customer service for Platform users by analyzing interactions related to incidents, requests, and comments from those users.

Through the use of these platforms, we will review and analyze requests and/or incidents related to the objective of verifying that queries are handled correctly, optimizing interactions with customers, and improving the quality of the service provided. To this end, we will take into account the comments, opinions, and suggestions of customer contacts in relation to Factorial's products and services.

Conducting surveys or research sessions with our customers in order to find out the state of satisfaction with our platform and other services.

These surveys or sessions are not mandatory, but they are very valuable to us.

From Factorial we carry them out with the intention of detecting areas of improvement, both in the attention given to our customers and on the quality of any of our products and services. As a Client, the benefit of answering them is that based on your opinions or suggestions we improve our products and services and we strive to keep your level of satisfaction high.

Basic scoring on your organization based on a set of pre-established segments and through the application of predictive models that will allow us to calculate and forecast the value of the life cycle of customer organizations to guide the treatment strategy to a more personalized one to our company contacts. In this way, we will be able to identify in time those customers at risk of dissatisfaction with Factorial.

The analysis is based on customer interaction data, platform usage, and payment history. This allows us to identify customers at risk of dissatisfaction with Factorial in a timely manner.

These predictive models will consist of the following:

i) Determine the segment of the scoring system of which your organization is a part in order to incorporate you in certain customized sequences for such segment of treatment of our Customers' contacts and to have a better focus on the commercial contact. This treatment will consist in the analysis of the suitability of the appropriate commercial strategy for the Customers. The purpose of this treatment is the classification of the Client organization according to a scoring system predefined by Factorial, with different groups according to the data of the organization itself (sector, size, country, etc.) and the data of the behavior of the contacts of that organization. All of the above, based on predictive models or patterns that will indicate when a Customer may be dissatisfied and then adjust our commercial strategy or dealings with that Customer.

ii) Analyze the Client's life cycle.

iii) Identify opportunities to change to superior plans for our Clients.

Notwithstanding the foregoing, these predictive models do not make any decisions on our behalf. We simply use them as another data analysis resource. The decision making will always be made by Factorial and always in search of the common benefit -our own and that of our Clients-.

It is important to note that these models do not have the ability to think or make decisions on their own. They are designed for very specific tasks and cannot be applied to situations outside of those tasks. They are statistical models that help identify patterns in data to predict the probability of something happening, such as whether a customer will make a purchase or leave our service. These models do not make decisions automatically. What they do is provide predictions that help our team members make more informed decisions.

You have the right to object to this purpose at any time. Under no circumstances the opposition worsens or conditions your relationship with Factorial. If you only object to this purpose, we will continue to provide our services to the Client, but in a more generic way.

In order to improve the predictive models or patterns mentioned above, we incorporate the aforementioned data for the purpose of training and improving them. In other words, we will only process data from Factorial's internal sources and information derived from the contractual relationship between Factorial and the Client. In this way, with this training, we optimize the rules of those pre-established sequences or segments to which your organization has been assigned.
Retention of recordings for legal defense and regulatory compliance.

Analysis of the statistical and usage data of our Platform -which is derived from the Platform usage data of the Platform's End Users-, for the improvement and further development of our functionalities and services.

This activity consists of statistical and usage analysis of the Platform at the administrator and account user level, including the study of historical trends in cancellations, renewals, and upgrades, as well as account-level product performance metrics. In particular, administrator user usage data is previously aggregated and analyzed for internal statistical analysis, reporting, and the generation of visualizations based on customer interaction with the platform.

This processing will also allow us to analyze your inquiries or other contacts that are related to incidents, bugs or issues that are recurring on our Platform to better understand such errors raised by our Customers and try to provide a solution to them; as well as supporting decision-making on products and businesses, identifying the most profitable modules, and obtaining information on transactional usage.

Other purposes:

For the purpose of Factorial's selection processes, in case you want to join our team, either because there is a position that fits your profile or because you want to send us your CV, we recommend that you always review the respective Candidate’s privacy policy to know the purposes for which we will process your data, as well as the rest of the information on data protection. This policy will always be available on our open positions page.

5. Do we share your personal data? Do we make international data transfers?

As a general rule, the data processed by Factorial are not shared with third party providers. However, we can collaborate with other entities and share your data with them, and we will inform you about it in the following cases:

In the context of webinars, events or commercial and/or promotional actions, we will communicate your contact details to our collaborators, partners or promoters so that they may contact you at a later date for commercial purposes, provided that you have given us your consent to do so.
In the same way, provided that as a contact of a Client or as a lead you have previously consented, we will communicate your data to our partners or collaborators so that they can contact you and send you commercial information.
We may share certain data with third party social networks or platforms.
Payment service providers or partners providing banking services duly approved/regulated under the respective license. For the processing of payment transactions and depending on the payment method chosen by the Client, these services may retain and process your data to complete the payment transactions as an essential part of the execution of the contractual relationship with that partner. For the management of bank accounts by third party partners, the use of payment services and including payment by bank transfer or credit card, we may need to share your data as a Client. This communication shall be considered in the context of the exclusive contractual relationship between you as a Client and the third party partner. And therefore, the specific Terms and Conditions of the third party partner shall apply.
It is possible that in order to comply with certain legal obligations we may have to communicate your data to law enforcement agencies, agencies, public administrations, Judges or Courts and / or authorities that are competent.
We may also disclose your data to potential acquirers and other interested parties in the event of a merger, corporate restructuring transaction such as an acquisition, joint venture, divestiture, spin-off or divestiture. In such a case, we will do so taking the respective data protection safeguards into account. In addition, we have an Intragroup Agreement such as BCRs that allow us to share certain personal information between Factorial companies.

Also, in some cases we give access to your data to our suppliers and partners, who provide a service to Factorial as data processors and never for their own purposes. For the selection of them, we always try to choose the suppliers that provide us with sufficient adequate guarantees in the treatment of your data. Among the different categories of suppliers we use we can find:

Hosting services.
Call center, chat and videoconferencing services.
Marketing and advertising services (e.g., mailing with personalized content, survey management, event management).
Payment services.
Logistics services.
Analytical services.
Email validation and deliverability service that verifies the accuracy and deliverability of email addresses in our databases.
If your organization is part of a specific segment or size, our suppliers or partners may contact you on behalf of Factorial after you complete your demo request.
Platforms for the management of contracts or agreements, including their signature.
Provision of a CRM platform and related ancillary services such as meeting scheduling, as well as synchronization between some of our databases and our CRM.
Cybersecurity services
Services for commercial profiling and/or classification of our leads and customer organizations.
Support from Factorial partners for scheduling and running live demo sessions of the Factorial Platform.
Financial management, accounting, auditing, consulting, debt collection management, tax and legal advisory services.

When we process your data, it is hosted in the EU and processed within the territory of the EU As a general rule, we engage service providers also located within the European Economic Area or in countries that have been declared to have an adequate level of data protection.

In some instances, the data we collect will be transferred to data processors in third countries The above will be carried out provided that there is a legal basis for the transfer of data and that adequate mechanisms for the transfer of data have been established. Primarily, we will base such transfers on an EU adequacy decision under Article 45 of the GDPR. In the absence of an adequacy decision to transfer your data to the third country, we rely on other safeguards under Chapter V of the GDPR. W In this case, will transfer your data on the basis of the standard contractual clauses in force. However, we may use other types of measures provided for by the GDPR, provided that they allow us to ensure adequate protection of your data and that you can consult them upon request.

6. Do we do any profiling and do we make automated decisions?

In Factorial we make profiles on our Clients and on our leads, as well as on some of our web users. All these profiles have a purely commercial purpose and especially focused on our legal entity Clients and within the framework of our commercial relationship with them or with the possible leads or organizations with which we are negotiating or to which we are offering our products and/or services.

As we have explained in the respective previous sections on purposes and bases of legitimacy, we base these activities on the legitimate interest of Factorial, in the benefit that our Customers and potential customers receive the information that may be most useful to them and to receive an effective personalized treatment, depending on the segment of which we consider that a Customer or potential customer is part of. Accordingly, from Factorial we have carried out the corresponding weightings of the legitimate interest, in which we have analyzed the benefits or interests we have as data controller, as well as the interests and rights of the interested parties whose data we process in such activities. In case you wish to access or have us explain in more detail the fundamental elements of such weighting, you can contact us directly at: [email protected].

Under no circumstances will any of this profiling prevent you from exercising your data protection rights. Likewise, this set of profiling operations is never based on automated decisions, since there is human intervention on our part and we are the ones who determine the conditions for customer segmentation or scoring and end up deciding how to act for/with our Customers or potential customers. In this sense, they also do not have any harmful legal effect on the contacts, nor do they affect them in any similar way. We only use them to segment the recipients of our communications, who are ultimately our Customers or potential customers who are legal entities.

In case of profiling and decisions are made based solely and exclusively on automated processing and these may cause legal effects or significantly affect you, you will be duly informed of this, of the logic applied to such decisions, as well as of your rights to obtain human intervention, to express your point of view and to challenge such decisions.

7. What are the deadlines or retention criteria we have for the processing of your personal data?

From Factorial we keep personal data for different periods and depending on the type of information, the period of our contract with our Clients, the legal requirements relating to certain types of data and other factors. Generally, whenever your data are no longer necessary for the purposes for which they were collected, we will stop processing them, will be deleted from our systems and remain blocked in an isolated system. They will then be permanently deleted after the applicable limitation periods have expired.

If we need to retain your data to comply with a contractual or legal obligation, or to resolve disputes, we will retain it only to comply with such obligations, as well as to assert our rights of defense. In this regard, we will restrict access to specific individuals or functions.

If you have given us your consent, we will retain your data until you revoke your consent.

In case there is a contractual relationship between Factorial and the organization you are part of, we will treat your data while the contractual relationship remains in force.

In relation to the information communicated through the complaints channel, it will be stored only for the time that is necessary and provided for the purpose of complying with the requirements imposed by the applicable regulations for the protection of informants, if any. After that time, the reports will be deleted with the relevant security measures, without any obligation to block the data.

Once the above deadlines have expired, your data will be kept duly blocked for the purpose of making them available to the Public Administrations, Judges and Courts and other competent authorities for the sole purpose of dealing with claims until the end of the statute of limitations of the respective actions. After which, your data will be destroyed.

8. What data protection rights do you have and how can you exercise them?

In accordance with the applicable data protection regulations, as a data subject you have certain rights when we process your personal data. Therefore, we will provide you with an adequate and timely response when you request the exercise of your rights. By way of example, below are some of the rights you can exercise:

Right to be informed: You have the right to receive 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 of rectification: You have the right to have your personal data rectified if it is inaccurate or incomplete.
Right of deletion: this right allows you to request the deletion or removal of your personal data when there is no compelling reason for us to continue to use it.
Right to restrict processing: You have the right to "block" or delete further use of your personal data. When processing is restricted, we may continue to store your personal data, but we may no longer use it.
Right to data portability: You have the right to obtain and reuse your personal data for your own purposes in different services.
Right to object to processing: You have the right to object to certain types of processing. For example, if you want to object to processing based on legitimate interest.
Right to withdraw consent: If you have given us your consent for a specific processing, you have the right to withdraw your consent at any time thereafter.
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) that produces legal (or similarly significant) effects for you.

Factorial will act as the data controller for requests to exercise rights and will provide the information free of charge. To exercise your rights you can direct your requests to exercise your rights by sending a written communication to the following email address [email protected]. In case you want to make a query or suggestion regarding the processing of data by Factorial, you can address to the same address.

Please note that in some cases we may need to verify your identity and may require supporting documentation. Likewise, in very specific cases we may charge you a reasonable fee to cover our administrative costs of providing the information to you:

unfounded or excessive/repeated requests; or
more copies of the same information.

You have the right to lodge a complaint about our processing of your personal data with the competent data protection supervisory authority. Prior to filing a complaint with the supervisory authority, you have the right to contact our DPO.

9. What are our security measures?

At Factorial we implement state-of-the-art security standards to prevent unauthorized access, maintain data accuracy and ensure the correct use of information. We also implement measures to protect your data and ensure an appropriate level of security commensurate with the risk, prevent unauthorized access, preserve the integrity and accuracy of the data, and ensure its lawful use.

We apply these same security standards or rules also when working with business and technology partners. We only select and contract with processors and third-party providers that have adequate security measures in place and provide sufficient safeguards, including technical and organizational measures, to ensure adequate protection of the data we entrust to them, such as data encryption or access control measures, among others.

In addition, internally we also ensure that any member of Factorial who will have access to your data has signed a non-disclosure agreement or clause and we have established internal measures and processes such as continuous training and a series of policies that are updated recurrently to ensure data security, as well as confidentiality, availability and resilience of our systems and services. Among other measures, we highlight that in Factorial we have defined a management procedure and an incident response plan in case of detecting any vulnerability in our systems and/or that may affect your personal data.

For more information related to our security measures, please refer to our Security Page.

10. Changes to this web privacy policy

We reserve the right to modify this privacy policy whenever we believe it is necessary to keep it up to date and adapt it to the realities of the development of our products and services, industry standards or new regulations. If such changes are substantial or important, we will do our best to inform you of them.