PRIVACY POLICY

The companies of the Telefónica Group promise to respect the privacy, secrecy and security of their users’ personal data, in accordance to the established Regulation (UE) 2016/679, General Data Protection Regulations.

Our Principles

Transparency

We will not process your data in an unexpected, obscure or abusive way.

When we collect your personal data through our app you will be conveniently informed about: who processes your data, what is the purpose of the processing, what is the legitimacy of the processing, the possibility of exercising your rights and other information of interest. In addition, your data will be canceled according to the defined retention policy about which you will be informed and in any case, when you request it by exercising the right of cancellation.

Control

We will collect your consent whenever necessary and we will put at your disposal the necessary tools so that you can access and update your personal information, as well as decide how to manage your data, selecting the purposes for which we are going to process them.

Security

We care about ensuring the security, secrecy and confidentiality of your data. Therefore, as part of our commitment and in compliance with current legislation, we have adopted the most demanding and robust security measures and technical means to prevent their loss, misuse or access without your authorization, committing ourselves to keep them secret and guaranteeing the duty to keep them by adopting all the necessary and reasonable measures to avoid their alteration, loss and processing or unauthorized access, in accordance with the provisions of the applicable legislation. Any questions that may arise from this Privacy Policy, contact us at: soporte.metaverso@telefonica.com and we will be happy to help you.

1. Who is the data controller?

The company that process your data as data cotroller is:

Company name: Telefónica Innovación Digital España, S.L. (hereinafter, "Telefónica Innovación Digital" or "we").
Tax ID: B83188953*
Registered office: Distrito Telefónica, Ronda de la Comunicación, S/N, 28050 Madrid.
Contact Data Protection Officer: DPO_telefonicasa@telefonica.com

2. What data do we process about you?

The data that you provide to us as a User during the provision of the Service, at the time of registration, access and/or use the Service (avatar, nickname, phone number, etc.), or that is collected by Telefónica Innovación Digital as a result of the use of the Service, through the Accessories and/or the Platform (usage data), as defined in the applicable General Terms and Conditions of which this Privacy Policy forms part.

3. How do we obtain and where does your data come from?

Directly from you by voluntarily completing the registration forms or as provided by us in each Service functionality, as well as automatically during your use of the Service, by means of cookies and similar devices.

4. What and why do we use your data?

Telefónica Innovación Digital processes your data for the following purposes:

Provision of the Service: as described in the applicable General Terms and Conditions, and based on the performance of the same as a contract between the User and Telefónica Innovación Digital, we will process your data to provide you with the Service as a User, allowing you to enjoy the different functionalities enabled at any given time, including, where applicable, the registration and maintenance of the User account, the sending of information previously requested by the User, as well as receiving calls or video calls in the Movistar Immersive Experience application or requesting an appointment at a Movistar shop through the application, among other functionalities available at any given time.

To manage, operate and guarantee the security of the Service: based on Telefónica Innovación Digital's legitimate interest in guaranteeing the security, quality and dissemination of its activities and services, we will process your data to maintain, operate and disseminate the Service, including the maintenance of security, aggregate analysis of use and the development of appropriate improvements, as well as the publication on social networks and Telefónica media of certain screenshots of the Service that may include the nickname, avatar or other information voluntarily established by the User.

5. How long do we keep your data?

Telefónica Innovación Digital will process the User's data for as long as they are necessary for the purposes described or, in any case, until the User cancels this condition by requesting the deletion of their data, opposition to the processing of their data for the purposes stated or, where appropriate, withdrawal of the consent granted.

6. Who has access to your data?

As a general rule, only Telefónica Innovación Digital accesses your data and those subcontractors acting on our behalf and, in our name, as data processors (e.g. web server providers, providers for sending communications, etc.) contractually subject to our instructions, only for the lawful purposes informed and for the period of time strictly necessary for it. Telefónica Innovación Digital does not foresee the international transfer of your User data outside the European Economic Area.

We also inform you that, to the extent that it is strictly necessary to comply with the purposes informed and, in particular, the provision of certain functionalities of the Service related to Movistar products and/or services, your data may be shared with the companies that operate Movistar (Telefónica de España, S.A.U. and Telefónica Móviles España, S.A.U.), for processing under their responsibility and always with the purposes linked to those informed in this Privacy Policy. You can find more information on the processing of data by Movistar in its privacy policy available at: https://www.movistar.es/particulares/centro-de-privacidad.

In the event that we are going to share your information with other third parties as controllers, we will inform you properly and, if necessary, we will collect the necessary authorizations to do so.

7. What are your rights and how can you control your data?

As applicable, you can exercise the following data protection rights against Telefónica Innovación Digital:

Right of access: right to request the detail of the data we have about you and how we process them, as well as obtaining a copy of them.
Right to rectification: right to obtain the rectification of your inaccurate or erroneous data, as well as to complete those others that are incomplete.
Right to erasure: right to request the deletion or deletion of your data and information in certain circumstances. However, please note that there are certain occasions when we are legally entitled to continue to retain and process your data (e.g. for compliance with a legal data retention obligation).
Right to restriction of the processing: right to restrict or limit the processing of your data in certain circumstances (e.g. if the deletion of data applies but, instead of deleting it, you prefer that we block it and process it only for the purposes of its conservation since you will need them later to file a claim). Again, please note that there may be times when we are legally entitled to refuse your request for limitation.
Right to object: right to object to us processing your data for a specific purpose, in certain circumstances provided for in the regulations and related to your personal situation. In some cases we provide you with simple options to object directly through the web, app or e-mail (e.g. opposition to receiving commercial communications sent) and in other cases you must contact us through the e-mail so that our privacy team can evaluate your request in more detail.
Right of data portability: right to receive your data in a commonly used format that allows you to carry them to another company, as well as, where appropriate, to request the direct transmission of the same to that other company when technically possible. Remember that the right to data portability is different from the right to the portability of your phone number.
Right not to be subject to automated decisions: right to object to being the subject of a decision based solely on automated data processing (without human intervention), including profiling, which produces legal effects on you or affects you in a significant way.
Right to withdraw consent at any time: right to withdraw your consent at any time to the processing of your data for a specific purpose, when it is based on said legitimizing basis.

In general, you can exercise these rights (at any time and free of charge) through soporte.metaverso@telefonica.com.

Finally, in case you do not agree on the way we process your data you will have the right to lodge a complaint with the national control authority, by contacting the Spanish Agency for Data Protection, whose contact details are the following:

Agencia Española de Protección de Datos
C/ Jorge Juan, 6 – 28001 Madrid
www.aepd.es

In advance, and for any doubt, complaint or claim about the processing of your data by Telefónica Innovación Digital, you can contact our Data Protection Officer by writing to DPO_telefonicasa@telefonica.com.

8. How do we protect your data?

Telefónica Innovación Digital guarantees the security, secrecy and confidentiality of your data, communications and personal information by adopting the most demanding and robust security measures and putting at your disposal tools and functionalities that allow you to control them.

GENERAL TERMS AND CONDITIONS

1. GENERAL TERMS AND CONDITIONS AND THEIR ACCEPTANCE

Purpose
The General Terms and Conditions described below (hereinafter, the "General Terms and Conditions") govern the relationship between TELEFÓNICA INNOVACIÓN DIGITAL, S.L., with tax identification number B83188953, domiciled in Madrid, at Distrito Telefónica, Ronda de la Comunicación, S/N, 28050, registered in the Madrid Mercantile Registry in volume 42.773; section 213; register 79; page M-296237, 1st entry, (hereinafter, "Telefónica") and the user of the Service (hereinafter, the User), in all matters relating to the provision of and access to experiences in the metaverse of virtual, augmented and/o mixed reality, and applications developed by Telefónica on the metaverses platform(s) or similar developed or provided by or under the responsibility of third parties (hereinafter, the “Service”).
Acceptance
The acceptance, without reservation, of these General Terms and Conditions is essential for the provision of the Service by Telefónica. The User hereby declares that he/she has read, understood and accepted these General Terms and Conditions, which are made available to him/her at all times during access to and use of the Service.
The use of the Service is also subject to all notices, regulations for use and instructions made known to the User by Telefónica by any means, which supplement the provisions of these General Terms and Conditions insofar as they do not conflict with them.

Unless another address is indicated for a specific purpose throughout these General Terms and Conditions, all communications from the User to Telefónica should be sent to the following e-mail address: soporte.metaverso@telefonica.com.

2. DESCRIPTION OF THE SERVICE AND REQUIREMENTS

The Service consists of an experience in the metaverse that allows the User to enjoy certain content provided by Telefónica, as owner or authorized licensee, or certain functionalities related to the products and services of the Telefónica Group, in a virtual, augmented and/or mixed reality environment accessible through the platform(s) or similar platforms of the relevant third party (hereinafter, the “Platform”). These Telefónica Group products and services, as well as the links to them, which the User may access through the Service, may be marketed or provided by other Telefónica Group companies other than Telefónica Innovación Digital, S.L.U., and may have their own terms and conditions, policies and applicable requirements, different and/or complementary to those set out in these General Terms and Conditions.

In particular, in relation to the Movistar Immersive Experience ("MEI") app, the User will have the possibility of receiving calls or video calls on their Accessory (as described below) whose destination is the fixed telecommunications line of the Movistar operator to which the Accessory is connected via WiFi. For this functionality to work, the Accessory must be connected via WiFi to the router of the Movistar fixed line and the User must have the MEI app open and be using it at the time of receiving the call or video call. This functionality will not entail any additional cost for the Movistar customer who owns the fixed line to which the call or video call is made, nor will it be necessary for the User to make any additional configuration in their Accessory or in the router for it to be used correctly. The User, by using MEI in accordance with these Terms and Conditions, consents to and authorises the reception in the Accessory of calls or video calls whose destination is the fixed telecommunications line of the Movistar operator to which the Accessory is connected, guaranteeing, where applicable, to have sufficient authorisation from the Movistar customer who is the owner of said fixed line.

On the other hand, the MEI User will also have the possibility to interact with the Aura assistant and thus be able to enjoy different functionalities, such as changing the ambient sound heard when in the MEI app, activate or deactivate the wellness alarm, request a physical appointment in a Movistar store in Spain, or make use of the functionality of “Mobile AI advisor” with which he/she can know the technical characteristics of those mobile terminals that can best fit, in a generic and not personalized way, to the preferences and indications of the User.

The proper provision of the Service may require that the User has a user account created on the relevant Platform (hereinafter the "Account") and the necessary devices or accessories to access the Service, such as, for example, virtual, augmented and/o mixed reality glasses (hereinafter the "Accessories").

By accessing the Service, the User agrees that he/she is using the Account and the Accessories under the relevant terms and conditions of Meta Platforms Technologies or its affiliates, as well as those corresponding to any other platform where the MEI app may be available for download and use by the User. The Account and the Accessories are not provided or operated by Telefónica, and therefore the following are excluded from the subject matter of these General Terms and Conditions and, therefore, from the scope of Telefónica's responsibility: (a) the costs of purchasing or contracting the virtual reality glasses necessary to enjoy the Service, the shipping, installation and travel costs derived, where applicable, from the purchase thereof, which must be paid by the User in accordance with the prices in force from time to time, as well as (b) the creation and management of the Account.

Telefónica accepts no responsibility or liability to the User in connection with its use of the Account and/or Accessories and does not guarantee the use of the Service in connection with any specific Account or Accessories.

Telefónica may interrupt the Service for any reason, including, without limitation, malfunctions, updates, maintenance or repairs or other actions that Telefónica decides to carry out.

The User represents and warrants that he/she complies with all applicable laws when using the Service.

3. START OF SERVICE AND DURATION

These General Terms and Conditions between Telefónica and the User shall enter into force and become effective as of the date on which the User accepts them for the first time by clicking on the button provided by Telefónica for such purpose or, as the case may be, by the mere access and use of the Service by the User at any time.

From the moment of acceptance of these General Terms and Conditions, the provision of the Service will be deemed to have commenced indefinitely, as long as the User does not request cancellation or if any of the circumstances leading to the definitive interruption of the Service in accordance with these General Terms and Conditions occur.

4. PRICE

The Service shall be free of charge, notwithstanding any costs incurred by the User to access the Platform.

5. COMMITMENTS AND OBLIGATIONS

Obligations of the User
a) The User undertakes to use the Service diligently and in accordance with these General Terms and Conditions and, in particular, to refrain from using the Service for purposes other than those expressly permitted in these General Terms and Conditions.

b) The User undertakes to inform Telefónica of any incidents that prevent him/her from accessing the Service.
Obligations of Telefónica
a) Telefónica undertakes to offer the access point to the Service on the Platform and to provide the Service to the best of its ability.

6. PROTECTION OF PERSONAL DATA

The conditions for the protection of personal data applicable to the Service are regulated by the applicable Privacy Policy.

The applicable Privacy Policy forms an integral part of the General Terms and Conditions and shall be read and accepted by the User together with the General Terms and Conditions, in the same act of acceptance.

7. MODIFICATION OF THE CONDITIONS OF SERVICE

Telefónica may modify these General Terms and Conditions for the following reasons: variations in technical characteristics, technological changes that affect the Service or other variations, notifying the User with due publicity and transparency by any means, including by updating it on the Platform.

In such cases, the User shall have the right to terminate the relationship established with Telefónica pursuant to these General Terms and Conditions and without penalty, without prejudice to other commitments acquired by the User itself.

8. CORRECT USE OF SERVICES

The User undertakes to make reasonable use of the services and features included in the Service, as well as any other related services provided by Telefónica. The User will be liable to Telefónica for any use other than the foregoing that may cause damage or harm to Telefónica or third parties and, in particular, for any use of Telefónica's services for a purpose that differs from those regulated in the General Terms and Conditions.

In all cases that occur in an improper manner or for purposes other than those described above, Telefónica reserves the right to suspend or definitively interrupt the Service (and may, if it so decides, make the restoration of the Service conditional upon the User's provision of the guarantees requested by Telefónica).

9. PERMANENT INTERRUPTION OF SERVICE

These General Terms and Conditions shall terminate and the Service shall be definitively interrupted for the general legal reasons and, in particular, for the following reasons:

a) By decision of the User communicated to Telefónica. The User may exercise its right to terminate the General Terms and Conditions in the same manner in which it entered into them.

b) For serious breach of the obligations under these General Terms and Conditions, as well as for use of the Service contrary to good faith or generally accepted practices of correct use.

c) Telefónica's decision to terminate the Service, at any time and with the possibility of compensation by the User.

d) For cessation of or changes to the applicable terms and conditions of the Platform.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY

Telefónica is the owner, or authorised licensee, of the rights recognised by the Intellectual and Industrial Property regulations of the Service and the content displayed on the Service, including, but not limited to, images, videos, sensory effects, objects, texts, audiovisual content, designs, sounds, source code, distinctive signs, logos and/or any other elements displayed on the Service.

Under no circumstances shall the mere access to the Service imply the transfer or waiver of such rights, nor the granting to the User of any related licence of use.

If the User detects any infringement of his/her rights under the Intellectual and Industrial Property Law or would like to obtain further information on this matter, please contact us at soporte.metaverso@telefonica.com.

11. ASSIGNMENT OF CONTRACT

Telefónica may assign the General Terms and Conditions or the rights arising therefrom to any Telefónica Group company that may provide the Service in the future, which will be communicated in a timely manner, without prejudice to the possibility of the latter requesting cancellation of the Service.

12. NOTIFICATIONS

All notifications, modifications and communications by Telefónica to the User will be made in one of the following ways, as appropriate: (a) by e-mail to any of the mailboxes provided by the User; and/or (b) on the screen of the Service itself. Telefónica may also inform of incidents related to the Service through publication on its web pages, when such information is of a general nature for all UserS. To this effect, the User declares that all the information provided by him/her is true and correct and undertakes to inform Telefónica of all changes relating to his/her information necessary for the management and maintenance of the contractual relationship between Telefónica and the User.

13. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions shall be governed by Spanish legislation and any discrepancy that may arise in relation to their application or interpretation shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid, Spain, renouncing any other jurisdiction that may correspond to the User.

COOKIES POLICY

Telefónica Innovación Digital España, S.L., company owner of this app, as detailed in its Legal Notice (hereinafter, Telefónica), uses first and third-party cookies for different purposes. We will inform you and offer configuration options about the use of cookies both in the first connection to our app and at any later time that you might need through the options at your disposal.

What are cookies and how do they work?

Cookies are a tool used by web servers and apps to store and retrieve information about their visiting users. Cookies may be small text files that are sent to your computer, tablet or any other device that allows you to browse the internet when you access certain web pages and apps, or other similar technologies whose functionality is the same. Cookies allow, among other things, to keep a record of your browsing habits, your preferences or your information to log in and remember them when you return.
What types of cookies exist?

Below, you can find a classification of the cookies we might use. Take into account that the same cookie may be included in more than one category.
1. Cookie categories according to the responsible entity:
  
  Cookies may be "first-party" or "third party".
  1. First-party cookies:
    "First-Party" cookies are those that are sent to the user's terminal equipment from a computer or domain managed by Telefónica as the editor of the app and from which the services requested by the user are provided.
  2. Third-party cookies:
    "Third-party" cookies are those that are sent to the user's terminal equipment from a computer or domain that is not managed by the editor of the app, in this case Telefónica, but by another entity that processes the data obtained through cookies.
2. Cookie categories according to the time they remain activated:
  
  Cookies may be "session" or "persistent".
3. Cookie categories according to its purpose:
  1. Technical Cookies:
    These cookies allow the user to navigate through our app and use its different options and services, including those that Telefónica uses to manage and operate the app, such as for example, identifying user’s session, remembering the elements that make up the shopping cart, managing payments, storing content for broadcasting video or audio, etc. In addition, technical cookies include those that allow the app to remember information configured by the user so that he or she accesses the service with certain characteristics that can differentiate their experience from that of other users, such as the language selected by the user, the type of navigation and regional configuration through which it accesses, etc. Technical cookies are strictly necessary to provide the services of the app, as well as for its proper functioning, therefore it is not possible to reject their use.
  2. Analytics cookies:
    Analytics cookies allows Telefónica or third parties to monitor and analyze the aggregate behavior of users in the app. The information collected through this type of cookies is used to measure app’s activity, in order to introduce improvements based on the analysis of such information. We use analytical cookies as indicated below, mainly using Google Analytics services and tools, for the purposes mentioned above.
  3. Personalization cookies:
    Personalization cookies are used to show a customized experience to app visitors, using parameters not specifically selected by the user such as information obtained from the device from which the user is browsing, or information obtained through other interactions of the user with Telefónica (for example, if you are a customer, the products you have purchased). We use first- and third-party personalization cookies as indicated below.
  4. Advertising cookies:
    Advertising cookies allow us, through certain data assigned or obtained from a user's device, to store or share with third parties, information related to user’s behavior in our app, in order to create an advertising profile. We use first party and third-party advertising cookies as indicated below.
  5. Social Media Cookies:
    These cookies are set by a series of social media services (see details below) which we might have embedded to the app in order to allow you to share our content on these social networks. Third parties obtaining information through these cookies might use it to track your visits to other apps or create a profile of your interests to personalize the content that is displayed on your visits to other apps or to the social networks. If you do not allow these cookies, you might not be able to view or use social sharing tools. We use these cookies as indicated below.

Which specific cookies do we use in this app?

Cookies category	Cookies	1st or 3rd Party	Session / Persistent
com.telefonica.movistarexperienciainmersiva	TermsConditions	1st Party	Technical (esential) Persistent
com.telefonica.movistarexperienciainmersiva	Analitycs	1st Party	Technical (esential) Persistent
com.telefonica.movistarexperienciainmersiva	Tutorial	1st Party	Technical (esential) Persistent
com.telefonica.movistarexperienciainmersiva	Ambient Sound	1st Party	Technical (esential) Persistent
com.telefonica.movistarexperienciainmersiva	Descansa by Benji	1st Party	Technical (esential) Persistent
com.telefonica.movistarexperienciainmersiva	MultiplayerEnabled	1st Party	Technical (esential) Persistent
com.telefonica.movistarexperienciainmersiva	MultiplayerValues	1st Party	Technical (esential) Persistent

How to configure or reject cookies?

You can activate or deactivate the use of cookies directly from the banner or cookie notice and the associated preferences panel that will appear on your first visit to our app, as well as at any time at the beginning of this Cookies Policy. If you click on "Accept all and continue" on the banner, you will be allowing the use of all cookies. If you do not want us to use any of the cookies, you can select it in the configuration panel, by clicking "Configure / Reject cookies" on the banner.
This configuration panel will be divided according to the purposes of cookies used in each app, since you may want to allow cookies for some purposes, but not for others:
- Technical cookies (These are strictly necessary for the operation and security of the app and cannot be deactivated)
- Analytics cookies
- Personalization cookies
- Advertising cookies
- Social Media cookies
Within this panel, you will be able to enable or disable all non-strictly necessary cookies (analytical, personalization, advertising and social media cookies). If you disable them, we will stop collecting this data (or we will not collect any, If you do not consent in the first visit) and / or sending it to the aforementioned third parties.
How long do cookies last on your device?

Cookies will be used solely and exclusively for the time necessary to fulfill the purposes for which it has been indicated in each cookie. You can find out each cookie storage period in section 3 of this document.
In relation to third-party cookies, the retention periods may be consulted in the privacy policies of said third parties, as set out in the configuration panel.

Once the cookie has expired, it can be renewed if the user accepts its use again.
International data transfers

You can find out more about transfers to third countries that, where applicable, might be made by Telefónica or the third parties identified in this cookie policy, in their corresponding privacy policies.
Update of the Cookies Policy

Telefónica may update this Cookies Policy at any time. This update will be applicable from its publication on the app so users are advised to review it periodically.
Notwithstanding the foregoing, the inclusion of new cookies or the use of cookies already informed for purposes other than those indicated will require their prior acceptance by the user.