PRIVACY POLICY

Last Update: 14-02-2023

SOLAR PROFIT ENERGY SERVICES, S.L. (hereinafter referred to as “SOLAR PROFIT”) the holder of tax ID number B-65959991, which has its registered office at Calle Farmacia, 30-32, 08450, Llinars del Vallès (Barcelona), duly registered at the Barcelona Companies Registry under Volume 43902, Sheet 101, Page B-441381 and Entry 1, hereby states that it is the owner of the website https://solarprofit.es/ (hereinafter referred to as the “Website”), in accordance with the obligations established in the Information Society Services and Electronic Commerce Act 34/2002, of 11 July (hereinafter referred to as the “LSSICE”).

Completion of all the information requested through the Website is necessary for the optimum provision of the services made available to the User. If all the information requested by SOLAR PROFIT is not provided, there is no guarantee that the information and services will be provided, that they will be provided correctly, or that they will meet the needs of the User.

The term User, as used herein, shall be understood to refer to all persons of legal age who access the Website.

BASIC INFORMATION ON DATA PROCESSING

DETAILED INFORMATION ON DATA PROCESSING

Under the terms of applicable data protection legislation and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR”) and the Personal Data Protection and Guarantee of Digital Rights Act 3/2018, of 5 December (hereinafter referred to as the “LOPDGDD”), the Data Controller is as follows:

SOLAR PROFIT has adapted the Website to the GDPR and the LOPDGDD. Accordingly, it has put in place policies, resources and technical and organisational procedures to guarantee and protect the confidentiality, integrity and availability of your personal data.

The transfer of data by users of the services of SOLAR PROFIT (hereinafter referred to as the “User”) through the Website will be carried out voluntarily once the latter has been informed, prior to the data processing, of the use and purposes thereof.

The data provided to PROFIT ENERGY by different means, including online or offline contact forms or any other procedure used for the collection of your data, will be carried out in accordance with current data protection legislation and for the sole purpose of providing the service about which you have been informed.

In the processing of your personal data, we apply the following principles, which are in line with the requirements of the GDPR:

• Lawfulness, fairness and transparency principles: We will always have a legal basis for the processing of your personal data for one or more specific purposes and will previously inform you of those purposes in a completely transparent manner. SOLAR PROFIT hereby informs you that only the information required to fulfil the processing purpose will be collected, and only the data that you have provided for the purpose(s) about which you have been informed will be processed.
• Data minimisation principle: We will only ask you for the data that is strictly necessary in relation to the specified purposes.
• Storage limitation principle: The personal data will be kept for the period of time strictly necessary until the purpose for which it was collected has been fulfilled, and provided that the legal basis for processing of this personal data remains. Once the legal basis for processing has ended, the personal data will be kept and duly blocked for the legal limitation period of any legal actions that may arise from the relationship between the parties and/or for the legally established storage periods.
• Integrity principle: Your data will be processed in such a way as to guarantee the appropriate security of the personal data and its confidentiality. Please note that we take all necessary precautions to prevent any unauthorised access to or improper use of the data by third parties.
• Confidentiality principle: In its capacity as the Data Controller, SOLAR PROFIT guarantees confidentiality in the processing of all of the User’s personal data to which it has access. Like any other person involved in any phase of data processing, the Data Controller is subject to the strictest professional confidentiality, and makes a particular undertaking to implement the levels of protection and technical and organisational measures necessary to guarantee the security of the personal data and prevent the alteration, misuse, loss, theft or unauthorised processing thereof or access thereto.
• Data accuracy principle: All the information that the User provides to SOLAR PROFIT must be accurate, and the User shall be solely liable for any false or inaccurate representations that they make, as well as any loss or damage caused to SOLAR PROFIT or third parties.

SOLAR PROFIT reserves the right to exclude from the services any User who has provided false information, notwithstanding any other legal actions to which it may have recourse.

4.1. PERSONAL DATA COLLECTION AND PROCESSING

By providing us with their data through the Website, in online or offline forms, or by any other means, the User warrants that the data is true, accurate, complete and up-to-date, accepting liability for any direct or indirect loss or damage that may be caused as a consequence of a breach of the obligation in question.

If the User provides SOLAR PROFIT with third-party data, they must have the consent of the third parties in question and shall undertake to pass on the information contained in this clause to them, holding SOLAR PROFIT harmless from any liability in this regard. Nonetheless, SOLAR PROFIT may carry out checks to confirm this fact and adopt any due diligence measures that may be appropriate in accordance with data protection legislation.

4.2. PROCESSING PURPOSES

The purposes of the processing of the User’s personal data carried out by SOLAR PROFIT are as follows:

4.3. DATA CATEGORIES

In accordance with the aforementioned purposes, SOLAR PROFIT collects and processes the following user data categories:

1. Identifying information: name, surname(s), national ID document, email address, contact telephone number, postal address, voice and image.
2. Financial information: bank details, salary slips, taxes, grants and any other documents required for the provision of the service.
3. Personal details: date of birth, nationality.
4. Professional details: applicants’ CVs.
5. Online chat data: conversation history.
6. Data from the chat on the “WhatsApp Business” instant messaging app: conversation history and documents sent.
7. If competitions, promotions or events are organised: images, recordings or videos of the user, with their prior consent.
8. We also use cookies to collect certain information on your browsing habits. Their processing and purposes are explained in our Cookies Policy.

Other user data obtained from queries made by the data subject or the commercial relationship may be collected and processed. This data is necessary for management of the pre-contractual relationship and to answer queries.

With regard to queries related to the services offered and/or job applications made through the forms available on the “CONTACT” and “JOIN THE TEAM” pages, the online chat and chats on the instant messaging apps, you will be able to explain the reason for your query and/or request, as well as providing a personal introduction in the case of job applications. Bear in mind that individual queries will not be answered, other than those strictly established by current legislation.

Under no circumstances should the User disclose any special category data (such as information on their health, religion, etc.) through any of the established contact channels. If they do so, the User shall release SOLAR PROFIT from any liability. SOLAR PROFIT will delete any inappropriate queries or content.

Furthermore, in cases where data has been collected from the “Request survey” form without the consent of the data subject, the data in question will be processed on the basis of Solar Profit’s legitimate interest in contacting data subjects who have completed the forms in order that Solar Profit may provide them with information on its products and services, in line with the legitimate interest assessment previously carried out.

Depending on the purposes for which the personal data is collected, it may be processed by:

• Authorised staff of SOLAR PROFIT or representatives acting on its behalf, subject to current applicable data protection legislation.
• Companies in the SOLAR PROFIT Group, when this is strictly necessary to fulfil the specified data processing purposes and to send marketing and promotional communications on their services, and when you have previously given your consent. The companies that currently make up the Solar Profit Group can be seen at https://solarprofit.es/es/empresas-grupo-solarprofit/).
• Third parties with whom the SOLAR PROFIT Group has collaboration arrangements, provided that the data subject is informed in advance and consent has been obtained in an appropriate manner.
• Public Administrations, authorities and bodies, including courts and tribunals, when this is required by applicable legislation.
• External third-party service providers contracted by SOLAR PROFIT in their capacity as a data processor [advertising and marketing agencies, IT service providers that process information, providers of the chatbot service and “WhatsApp Business”, hosting servers and maintenance of support for databases, software and applications]. All this only after taking the necessary steps to ensure that we may share such information and after signing a data processing agreement with our data processors, in accordance with data protection legislation.

In the event of the sale, merger, consolidation, change of company control, substantial transfer of assets, reorganisation or liquidation of SOLAR PROFIT, we may, at our discretion, transfer, sell or assign the information collected on the Website to one or more relevant parties.

SOLAR PROFIT implements the levels of security required by the GDPR according to the nature of the data being processed at any time by virtue of its activities. Accordingly, it uses encryption techniques which prevent any third parties from tracing the identity of a User who interacts with our services. Moreover, it may also use secure techniques for the anonymization of the personal data that it processes in order to carry out its activities. However, technical security in a medium such as the Internet is not impregnable and it is therefore possible that third parties may carry out fraudulent actions, albeit that SOLAR PROFIT uses all the means available to it to prevent such actions.

Furthermore, in order to achieve a high level of security with regard to the exchange of communications with the User, SOLAR PROFIT has opted to use the “WhatsApp Business” instant messaging app, which provides tools with enhanced security for data processing and is equipped with a design that prioritises the privacy and security of such data. For further information in this regard, please see its privacy policy: https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0.

Users’ data may be transferred to third countries outside the European Union if the server is established in third countries. In such a case, Solar Profit will adopt the appropriate safeguards for the transfer and take the appropriate technical and organisational measures to guarantee the security of the data.

For more information on the adoption of the appropriate safeguards for the transfer of data, please send an email to dpo@solarprofit.es, quoting the subject “International Transfers”.

In accordance with the GDPR and the LOPDGDD, the Users may exercise the following rights:

• Right of access: Users may ask SOLAR PROFIT whether it is processing their data and, if so, have access to the data.
• Right to rectification: Users may request the rectification of any inaccurate or incomplete data.
• Right to request the erasure of data, where possible. In any event, when the User exercises this right, all the personal data related to their account, as well as the information and content included in their profile will be removed and remain blocked until the end of the stipulated legal period. Moreover, if the User should exercise the right to erasure of data required by SOLAR PROFIT in order to provide the Website services, SOLAR PROFIT shall be bound to terminate its relationship with the User, proceeding to delete the latter’s account without the User being entitled to make any claim.
• Right to request restriction of processing: In this case we will only keep the data for the exercise or defence of legal claims.
• Right to object to data processing: SOLAR PROFIT will cease to process the personal data unless it must continue to be processed on legitimate grounds or for the exercise or defence of possible legal claims.
• Right to data portability: If the User should wish their data to be processed by another data controller, SOLAR PROFIT will facilitate the transfer of their data to the new controller, provided that both have the technical means necessary for this purpose.
• Right not to be subject to a decision based solely on automated processing of their personal data.
• Right to revoke consent: If the User has given consent to a specific purpose, they may withdraw it whenever they wish, without this affecting the legality of processing based on consent given prior to the withdrawal thereof.
• Right to file a complaint with the Spanish Data Protection Agency: If you believe that there has been a breach of data protection legislation with regard to the processing of your personal data (https://www.aepd.es/es)

In order to exercise your rights, please use the forms available on the official webpage of the Spanish Data Protection Agency (https://www.aepd.es/es/derechos-y-deberes/conoce-tus-derechos), write to the registered office of SOLAR PROFIT or send an email to dpo@solarprofit.es, quoting the reference “Data Protection”.

The User represents that they have read and expressly accepted this Privacy Policy.

The User undertakes to hold SOLAR PROFIT harmless from any possible claim, fine or penalty to which it may be subject as a consequence of a breach by the User of the obligation set out in this paragraph.

If the User has authorised us for this purpose, SOLAR PROFIT will process the personal data in order to send you marketing and promotional communications by electronic means on products and services related to SOLAR PROFIT, as well as companies that form part of the Solar Profit Group and third parties with which it has collaboration arrangements.

Please note that if you have a contractual relationship with SOLAR PROFIT, we may also send you marketing communications related only to the goods and services of SOLAR PROFIT, on the legal basis of performance of the contract. In addition, other communications may be sent regarding performance of the contract, such as reminders of appointments and scheduled visits, by SMS, “WhatsApp Business” and/or email. Such communications are not for marketing purposes and are merely designed to ensure the proper provision of the services taken out by the data subject.

You may revoke your consent or object to data processing at any time by clicking on the link provided in each newsletter or by sending an email to dpo@solarprofit.es.  These marketing communications may also contain links to third-party sites. We will store your data for as long as you are subscribed to the corresponding newsletters. After cancelling your account, we will block your data in this context to ensure that you do not receive any marketing messages from us in the future.

If you do not wish to receive these types of notifications concerning the provision of the service, you can ask for your account to be cancelled by sending an email to dpo@solarprofit.es or by calling the free phone number 900 25 35 45.

We will only use your personal data in accordance with the provisions contained in the Privacy Policy in force at the time the data is collected.

SOLAR PROFIT reserves the right to amend this Privacy Policy at any time, with effect from the date of publication of any such amendments on the Website. We therefore recommend that you check the Policy each time you access the Website. If at any time we should decide to use the personal data in a manner other than the method stated when the data was collected, the User will be notified by email, provided that we have your email address. At that time, you will be given the option of authorising other uses or disclosures of the personal data that you provided to us prior to the amendment of our Privacy Policy.

If any clause of this Privacy Policy should become or be declared invalid, the other conditions contained herein shall in no way be affected and will remain in full force and effect, according to applicable current legislation at any time.

The privacy of all the information provided, including the details provided by the User on the different personal data request forms, as well as the information accessed through the Website, shall be governed by current data protection legislation and, in particular, by the GDPR and the LOPDGDD.

Access to the Website may involve the use of cookies. Cookies are small data files that are stored on the browser used by each user so that the server remembers certain information which it may subsequently use. This information enables you to be identified as a specific user and allows your personal preferences to be saved, as well as technical information on the use and effectiveness of the Website. Any Users who do not wish to enable cookies, or would like to be informed before they are stored on their devices, may change their device settings accordingly. For further information, please see our Cookies Policy.