1. Data Controller

The controller responsible for processing your data is TEMOTIVA INNOVACION LAB SL
Below are the contact details of the data controller:

• Identity: TEMOTIVA INNOVACION LAB SL
• Tax ID: B24980054
• Address: CARRER GARBI nº1 25, CANET D`EN BERENGUER, VALENCIA, CP 46529
• Email: info@temotiva.com
• Phone: +34 604 915 857
• Data Protection Officer: dpd@temotiva.com

2. Data We Collect

All data we collect will be processed in accordance with the principles of lawfulness and transparency established in Article 5 of the GDPR.

The requested data will be processed strictly and solely for the purposes intended and informed in each case, and will not be further processed in a manner incompatible with those purposes, and will be updated whenever necessary. In this way, the data collected will be adequate, relevant, and not excessive in relation to the purposes for which they are processed in each case. In some cases, it is mandatory to complete the forms with your data in order to access and enjoy the services we offer; if you do not provide your data or do not accept the privacy policy, this will make it impossible to subscribe to or participate in activities that require your personal data. TEMOTIVA does not make automated decisions with legal effects or significantly relevant effects on the user. However, the system may carry out limited profiling processes in order to personalize content and recommendations within the platform, in accordance with Article 4.4 of the GDPR. We collect the following types of personal data:

• Data you provide: Name, email address, and any other data you provide through contact forms, registration forms, or fields enabled on the platform.
• Wellness and health data: With your explicit consent, we collect information related to your emotional well-being, data you provide when using the platform’s functionalities, which may include information about emotional states, habits, or responses to questionnaires within the platform. These data are considered special category data under Article 9 of the GDPR and are processed with enhanced security measures.
• Account and authentication data: If you access through a registered user account, we collect your name, email address, and the minimum metadata necessary to manage login and your profile.
• Payment data: If you make payments through the platform, payment data are processed directly by Stripe, our PCI-DSS certified payment provider. It is important that you know that TEMOTIVA does not store bank card data or any other data entered to process any payment.
• Usage data: technical information about the use of the platform (such as pages visited, device type, or browser type). These data may include online identifiers and will be processed after obtaining consent where required by applicable regulations.
• Newsletter data: If you choose to subscribe to our newsletter, we collect your name and email address through an external provider and via our mailing management platform. These data are used exclusively for sending informational communications about TEMOTIVA. You may unsubscribe at any time through the link provided in each communication.

3. Purposes of Processing

We process your personal data for the following purposes:

• Managing registration and access to the platform: to manage your user account and allow you to access TEMOTIVA’s services.
• Provision of the emotional wellness service: to provide the platform’s functionalities related to emotional wellness and education, including the processing of health data when necessary.
• User support and assistance: to respond to your inquiries, manage incidents, and provide technical assistance.
• Payment processing: to manage financial transactions arising from the purchase of paid services within the platform. TEMOTIVA does not process these data under any circumstances; the processing is carried out by the companies and platforms engaged and made available to the user to enable payment for the services they wish to purchase.
• Platform improvement and usage analysis: to analyze platform usage in aggregate form in order to improve its operation, security, and user experience.
• Sending commercial and informational communications: to send you information about news, products, and services from TEMOTIVA or from our sector if you have given your express consent. You may withdraw your consent and unsubscribe at any time through the link provided in each communication or by writing to us at info@temotiva.com
• Sending the newsletter: to manage your subscription and send you the newsletter with content related to TEMOTIVA and the emotional wellness sector.
• Use of artificial intelligence

A- Virtual navigation assistant (informational chatbot)

TEMOTIVA has an automated virtual assistant whose purpose is to facilitate navigation, resolve basic questions, and guide the user in using the platform.

This system does not carry out user profiling or make automated decisions that produce legal effects or similarly significant effects. Its operation is limited to responding to general queries related to the use of the service.

The processing of personal data in this context is based on TEMOTIVA’s legitimate interest (Article 6.1.f GDPR) to improve the user experience and facilitate navigation, or on the user’s consent when applicable.

TEMOTIVA does not retain the content of conversations beyond the time strictly necessary for the technical management of the service. However, limited technical logs may be retained for security reasons, abuse prevention, or error diagnosis, in accordance with applicable regulations.

B- Artificial intelligence module for emotional support (optional functionality)

TEMOTIVA incorporates an advanced artificial intelligence system aimed at providing emotional support to the user, acting as an additional, differentiated, and voluntary functionality within the platform.

This system allows interaction with the user in order to offer personalized guidance based on the content entered during the interaction.

Access to this functionality is subject to obtaining prior, explicit, specific, and separate consent from the other purposes of the service. Refusal to provide such consent will not prevent use of the rest of the platform.

During the interaction, the system may process personal data provided by the user, including information relating to their emotional state, which may be considered special category data in accordance with Article 9 of the GDPR.

Processing is carried out exclusively during the active session. The system does not retain the original text entered by the user once the session has ended. However, pseudonymized representations (embeddings) may be retained to preserve service context and improve personalization. These pseudonymized representations (embeddings), although they do not directly identify the user, may be considered personal data insofar as they can be associated with a user, and will be processed with the same guarantees of security and confidentiality.

The generated responses are based on previously trained statistical models and do not imply real understanding or human reasoning. The system does not learn from or retrain itself on the basis of the data entered by users.

The system performs real-time inferences with the aim of offering recommendations or personalized content, which implies the existence of occasional profiling processes in accordance with Article 4.4 of the GDPR. This profiling does not produce automated decisions with legal effects nor does it significantly affect the user in accordance with Article 22 of the GDPR.

TEMOTIVA has carried out a Data Protection Impact Assessment (DPIA) for processing activities involving special category data and the use of artificial intelligence, in order to identify and mitigate risks to the rights and freedoms of users.

The generated responses are for guidance purposes only, do not constitute professional advice, and may contain errors or inaccurate, incomplete, or inappropriate interpretations in certain contexts, and continued use of the system could create dependency. The artificial intelligence system does not in any case replace duly qualified psychological, medical, or professional care. In situations of severe distress or risk, the user must seek assistance from an authorized healthcare professional.

In accordance with European regulations on artificial intelligence, this system may involve the processing of sensitive data and emotional support functionalities, which is why TEMOTIVA applies enhanced measures of transparency, human oversight, and risk management, but does not guarantee the total absence of errors.

The user may at any time:

• Not activate this functionality
• Withdraw consent
• Object to profiling
• Request human intervention
• Challenge results they consider incorrect

4. Legal basis

The processing of your personal data is based on the following legal grounds pursuant to Article 6 of the GDPR:

• Consent — Article 6.1.a: For sending commercial communications, the newsletter, and analytics through Google Analytics. You may withdraw your consent at any time without affecting the lawfulness of any prior processing.
• Explicit consent — Article 9.2.a: For the processing of emotional wellness and health data, including those processed through the artificial intelligence system, as these are special category data under Article 9 of the GDPR. Access to and use of the artificial intelligence module is based on prior, explicit, specific, granular, and verifiable consent granted independently from the rest of the platform’s functionalities.
• Performance of a contract — Article 6.1.b: For managing your account, providing the service, user support, and payment processing.
• Legitimate interest — Article 6.1.f: For improving the platform, fraud prevention, and service security, provided that your fundamental rights and interests do not prevail. You can obtain more information about the legitimate interest assessment and object to this processing at any time by writing to us at dpd@temotiva.com

In cases where access to the platform is provided by a partner entity, the legal basis for the processing will continue to be the direct relationship between the user and TEMOTIVA, without the partner entity determining the purposes of the processing.

5. Data retention

Personal data are retained for the time strictly necessary to fulfill each processing purpose, in accordance with the principle of storage limitation (Art. 5.1.e GDPR). The retention periods by category are detailed below:

• Account data: while the account remains active and for 5 years thereafter for the handling of any potential legal liabilities arising from the contractual relationship (Art. 1964.2 of the Civil Code).
• Billing data: 6 years in accordance with Art. 30 of the Commercial Code, without prejudice to applicable tax obligations.
• Contact data: while the relationship with the user is maintained and, once ended, for a maximum period of 24 months from the last interaction, pursuant to the controller’s legitimate interest in managing communications and possible claims (Art. 6.1.f GDPR).
• Commercial communications (newsletter): until the data subject withdraws consent, at which time the data will be immediately deleted (Arts. 6.1.a GDPR and 21 LSSI).
• Health data: during the provision of the service and, once ended, for 5 years to address potential legal liabilities.

Once the stated retention periods have elapsed, the data will be blocked in accordance with Art. 32 of the LOPDGDD, remaining available only to Judges and Courts, the Public Prosecutor’s Office, or competent Public Administrations during the limitation period for any liabilities arising from the processing. Once this period has ended, the data will be permanently deleted.

6. Processors and recipients

TEMOTIVA may rely on external providers acting as data processors, such as technology service providers, web analytics, communications, and payment processing providers (for example, Stripe for payments, Google for analytics, or Beehiiv for newsletter distribution), accessing personal data solely in accordance with our instructions and with appropriate safeguards, pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR).

These providers offer services such as technology hosting, form management, analytics, communications, or payment processing, among others.

Under no circumstances will such third parties use the data for their own purposes or for purposes other than those described herein. TEMOTIVA does not sell personal data or disclose them to third parties for advertising purposes.

7. International transfers

In some cases, providers rendering services to TEMOTIVA may be located outside the European Economic Area (EEA), which may involve international data transfers. These transfers are always carried out with appropriate safeguards, in accordance with Articles 44 et seq. of the GDPR, including:

• Standard Contractual Clauses approved by the European Commission
• Adequacy decisions, where applicable
• Or equivalent legally recognized mechanisms

Likewise, where necessary, additional measures will be adopted to ensure a level of protection equivalent to that provided for under European regulations, in accordance with the recommendations of the European Data Protection Board.

Some of the technology providers used may be located in the United States. In these cases: - The transfer will preferably be made to providers adhering to the EU-U.S. Data Privacy Framework (DPF), verifying their valid certification at the time of processing. - In cases where the provider is not adhering to the DPF, the Standard Contractual Clauses (SCCs) approved by the European Commission will apply, supplemented with additional technical, organizational, and contractual measures in accordance with the Schrems II judgment.

The user may request additional information about these safeguards by contacting TEMOTIVA through the channels indicated in this policy.

8. Security

TEMOTIVA applies appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of your personal data, in accordance with Article 32 of the GDPR. Among other measures, we implement:

• Encryption of data in transit and at rest
• Access control restricted to authorized personnel
• Periodic security audits and reviews
• Regular backups
• Segregation of development and production environments
• Team training on data protection matters
• Periodic risk assessments
• We implement enhanced specific measures for the processing of health data, including role-based access control, pseudonymization where possible, and strict limitation of access exclusively to authorized personnel.

Notwithstanding the large number of security measures deployed and detailed above, no security system is infallible. In the event of a security breach that may pose a risk to your rights and freedoms, TEMOTIVA will notify the Spanish Data Protection Agency within a maximum period of 72 hours from becoming aware of it, in accordance with Article 33 of the GDPR.

Where the breach may pose a high risk to your rights, we will inform you directly without undue delay, in accordance with Article 34 of the GDPR, so that you may adopt any measures you deem appropriate.

9. Your rights

Under the GDPR, you have the following rights:

A- Right to be informed: to receive clear, transparent, and easily understandable information about how we use your personal data and your rights.

B- Right of access: to learn more about the data we process about you, the purpose, the data categories, the recipients, and the retention periods.

C- Right to rectification: to request the correction or modification of information when it is inaccurate or incomplete.

D- Right to erasure or to be forgotten: to delete your personal data when there is no reason for us to continue using them or when you withdraw your consent. This is not an absolute right and the exceptions established by law apply.

To facilitate this process, we have enabled a Data Deletion Form

E- Right to object: to object to the processing of your data in certain circumstances or request that it cease.

F- Right to restriction: to limit or suspend the processing of your personal data in certain circumstances. When processing is restricted, we may continue storing your personal data, but we may not continue using them.

G- Right to data portability: to facilitate the transfer of your personal data in a structured and clear format to another controller, provided that it is based on consent or a contract.

H- Right to lodge a complaint with the competent supervisory authority if you believe that the processing does not comply with current regulations.

I- Right not to be subject to an automated decision: not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

J- Right to withdraw your consent: you may withdraw your consent at any time without affecting the lawfulness of the processing carried out beforehand.

Specific AI rights:

1. Request information about the logic applied in the artificial intelligence system
2. Object to automated profiling
3. Request human intervention, through an express request via the contact channels indicated in this policy.
4. Challenge results generated by the system

10. How do I exercise my rights

You may submit your request free of charge by writing to us at:

Email: info@temotiva.com

Postal address: CARRER GARBI nº1 25, CANET D`EN BERENGUER, VALENCIA, CP 46529

You may also contact the Data Protection Officer by writing to the following email address: dpd@temotiva.com

We may request additional reasonable information to verify your identity and we will respond within a maximum period of one month, extendable by one further month in particularly complex cases.

You may also, in any case, contact the Spanish Data Protection Agency through its website, which is the competent supervisory authority.

11. Minors

TEMOTIVA’s services are intended for persons over 14 years of age.

Children under 14 years of age may not register for or use the platform under any circumstances.

Individuals over 14 and under 18 years of age may use TEMOTIVA’s services only with the prior authorization of their parents or legal guardians, who will be responsible for all acts carried out through the platform by the minors in their care.

TEMOTIVA does not intentionally collect personal data from children under 14 years of age. If we become aware that a child of that age has provided personal data, such data will be deleted immediately and, where appropriate, the corresponding account will be cancelled.

TEMOTIVA may adopt the necessary measures to verify the age of users and, where appropriate, the authenticity of the authorizations granted by parents or legal guardians, in order to ensure compliance with this policy.

If a parent or legal guardian believes that a minor has provided personal data to TEMOTIVA without proper authorization, they may request its deletion by contacting info@temotiva.com.

12. Cookies

This website uses its own and third-party cookies to ensure the proper functioning of the platform, improve the user experience, and analyze the use of the service.

Strictly necessary cookies are used to enable navigation and the use of the essential functionalities of the website, and therefore do not require the user’s consent.

The remaining cookies (such as analytics or third-party cookies) will only be installed if the user has given prior consent through the cookie banner or settings panel.

13. Images and graphic material

The images used are free to use under license or generated using artificial intelligence tools for exclusively illustrative purposes. No image depicts identifiable real persons, nor does it imply the processing of personal data or the transfer of image rights.

14. Accuracy and truthfulness of data

The user is responsible for the truthfulness and accuracy of the personal data provided to TEMOTIVA, undertaking to keep them updated.

TEMOTIVA will adopt reasonable measures to ensure that inaccurate data are rectified or deleted without delay, in accordance with the principle of accuracy established in Article 5.1.d of the GDPR.

Providing false, incomplete, or inaccurate data may result in the limitation or cancellation of access to the platform’s services.

15. Use of the platform within the framework of agreements with companies

In certain cases, access to TEMOTIVA’s services may be provided by companies, organizations, or other entities (hereinafter, “partner entities”), which make the platform available to their employees, members, or beneficiaries as part of their wellness programs.

15.1. Nature of the relationship

The partner entity acts exclusively as a client of TEMOTIVA, limiting itself to facilitating access to the platform. TEMOTIVA acts as the sole controller of users’ personal data, in accordance with Regulation (EU) 2016/679 (GDPR).

15.2. Independence of processing

Under no circumstances will the use of the platform allow the partner entity to infer, directly or indirectly, information relating to the emotional or health status of specific users. TEMOTIVA guarantees that the relationship between the user and the platform is strictly confidential and independent from the workplace or professional environment.

15.3. Access to information by entities

They will not have access to individualized personal data of users. They will not be able to view, monitor, or track individual use of the platform.

15.4. No use for employment purposes

The platform and its functionalities, including artificial intelligence systems, are not designed or intended for evaluating work performance and must not be used to make business or professional decisions about users; furthermore, they do not allow individual profiling in the workplace.

15.5. Legal basis for processing

The processing of users’ personal data is based on:

• The performance of the contract between the user and TEMOTIVA (Article 6.1.b GDPR)
• The user’s consent, especially in the case of special category data such as data relating to emotional well-being (Article 9.2.a GDPR)

The contractual relationship between TEMOTIVA and the partner entity does not affect the legal basis for the processing of users’ personal data.

15.6. Transparency towards users

TEMOTIVA guarantees that users will be informed clearly and transparently about:

• The independence of the processing of their data
• The absence of access by the partner entity
• The purposes of the processing

16. Changes to this policy

This policy may be revised to reflect service improvements or changes in current legislation, update procedures, the appearance of new services, and the discontinuation of others. These changes will become effective upon their publication on the website, which is why it is important that you review it regularly in order to stay informed about such changes.TEMOTIVA will notify users, when necessary, of relevant changes through the usual communication channels or the platform itself.

Date of last update: 22/06/2026