SOLAR PROFIT SALES, S.L.U. PRIVACY POLICY

BASIC INFORMATION ON DATA PROCESSING

 

Data Controller

SOLARPROFIT SALES, S.L.U. (SALES)

Purpose of the processing

Management of potential customers (Leads) interested in products and services promoted by SALES. Handling queries, requests and enquiries from Leads and web users.

Call recording (voice) to establish contract terms with Leads and improve quality of service.

Recording of video calls with the Leads (voice and image) to provide an internal follow-up of the proposal and to improve the business relationship with the Lead.

Sending commercial and/or promotional communications in electronic format, both our own and those of other Grupo Solar Profit entities, third party partners and/or other entities in the same or a different sector to that of Grupo Solar Profit.

Legal grounds for the processing

The processing of your data may be based on the performance of a contract, or on your express consent.

Recipients

Data will be disclosed to other entities of the Grupo Solar Profit, to third party partners and to other entities when this is based on your express consent or for the execution of the contract.

Rights

Access, rectification, erasure, objection, restriction of processing, data portability, not to be subject to automated decision-making and to revoke the consent given. You may also contact our DPO at dpo@solarprofit.es, as well as file a complaint with the Spanish Data Protection Agency, if you deem it appropriate.

Additional information

Detailed information on the protection of your data can be found below.

 

 

 

DETAILED INFORMATION ON DATA PROCESSING BY SOLAR PROFIT SALES, S.L.U.

 

1. NAME AND CONTACT DETAILS OF THE DATA CONTROLLER

Under the terms of the applicable data protection regulations and, in particular, of 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, the "GDPR"), and the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter, the "LOPDGDD"), the identifying data of the Data Controller are as follows:

Data Controller

SOLARPROFIT SALES, S.L.U.

Tax Identification Number

B-02777076

Headquarters

Tecnologia 82 street, C n. 3 passage - 08450 Llinars del Vallès (Barcelona)

Telephone number

900 25 35 45

Contact email address

dpo@solarprofit.es

 

SOLARPROFIT SALES, S.L.U. (hereinafter, "SALES") is a company of the Grupo Solar Profit whose main purpose is to carry out call centre activities to provide commercial information and support on products and services of companies belonging to different sectors of activity, both of the Grupo Solar Profit and third parties, aimed at potential customers. Our professionals aim to respond to requests, questions and queries, through different channels of communication such as telephone calls, emails and video calls. For this purpose, SALES processes personal data of potential customers and other users of the Website in accordance with the provisions of this Privacy Policy.

 

2. COMPLIANCE WITH APPLICABLE REGULATIONS

The transmission of data by the user of the Website and data of potential customers (hereinafter, the "User" or "Lead", respectively) of the products and services promoted by SALES, is carried out voluntarily and the latter is informed prior to processing of the use and purposes thereof.

 

3. THE PRINCIPLES WE APPLY TO YOUR PERSONAL INFORMATION

The processing of the data supplied to SALES shall be carried out in accordance with the data protection regulations in force, and for the sole purpose of providing the service that you have been informed of.

In the processing of your personal data, we apply the following principles that comply with the requirements of the GDPR:

  • Principle of lawfulness, fairness and transparency: We will always have a legal basis for processing your personal data for one or more specific purposes, which we will inform you of in advance in full transparency. SALES informs you that only the information necessary to achieve the purpose of the processing is collected and only the data you have provided will be processed for the purpose(s) for which you were informed.
  • Data minimisation principle: We will only ask you for data that is strictly necessary in relation to the stated purposes.
  • Principle of limitation of the retention term: Personal data shall only be kept for the time necessary until the end of the purpose for which they were collected, and as long as the reason that legitimised the processing of this personal data is maintained. When the reason that legitimised the processing has ended, the personal data will be kept securely stored for the term of the statute of limitations for any actions that may arise from the relationship between the parties and/or the legally stipulated storage periods.
  • Principle of integrity: Your data will be processed in such a way as to ensure adequate security of personal data and to guarantee confidentiality. You should be aware that we take all necessary precautions to prevent unauthorised access or misuse of data by third parties.
  • Principle of confidentiality: SALES, in its capacity as Data Controller, guarantees confidentiality in the processing of all personal data of the User to which it has access. As with any other person involved in any phase of the processing, the Data Controller is subject to the strictest professional confidentiality, with a special commitment to adopt the necessary levels of protection and measures, both strategy and organisational, to guarantee the security of personal data and to avoid its alteration, misuse, loss, theft, unauthorised processing or access.
  • Principle of data accuracy: All information provided by the User to SALES must be truthful, and the User shall be solely responsible for any false or inaccurate statements made and for any damages caused to SALES or third parties.

SALES reserves the right to exclude any User who has provided false data from the services, without prejudice to any other legal action that may be appropriate.

 

4. PROCESSING OF PERSONAL DATA

4.1. COLLECTION AND PROCESSING OF PERSONAL DATA

We mainly obtain your data from third party collaborators whose activity is the transfer of Leads, with the guarantee of the third party that they have obtained your data in accordance with the provisions of the data protection regulations, having previously informed you of the transfer of your data to other Leads databases in order to be able to carry out your consultation and provide you with the commercial information you require.

We may also obtain your data through the web, online or offline forms, calls, video calls or by any other means from the entities of the Grupo Solar Profit. In these cases, the User guarantees that they are true, exact, complete and up to date, and accepts responsibility for any direct or indirect damage or harm that may be caused as a result of non-compliance with this obligation.

In the event of providing SALES with the data of interested third parties, the User must have the consent of said third parties and undertake to provide them with the information contained in this clause, exempting SALES from any liability in this regard. However, SALES may carry out verifications to ascertain this fact, adopting the appropriate due diligence measures, in accordance with data protection regulations.

 

4.2. PURPOSES OF PROCESSING

The purposes of the processing carried out by SALES of the User's personal data are:

Data processing

Purpose of processing

Legal grounds of the processing

Lead Management

To carry out the SALES activity as a provider of Leads for any type of commercial activity, or as an activity for capturing, generating and marketing Leads in order to increase the client portfolio of entities from different sectors of activity, both from the Grupo Solar Profit, as well as third party collaborators and other entities.

Express consent of the Lead.

Registration of the Lead Handling of queries, requests and applications

Processing the registration of the Lead interested in the products and/or services promoted by SALES, in order for the Lead to send his or her data to the entity providing the services in which the Lead is interested; in addition to carrying out the function of responding to his or her queries, requests and applications.

Execution of the contract (pre-contractual measures) and/or express consent of the Lead.

 

Recording of telephone calls (voice)

Recording of calls with the Lead (voice only) to control and improve the quality of our product and service offerings, as well as to ensure the integrity and content of the information provided.

Execution of the contract (pre-contractual measures).

Recording of video calls (voice and image)

Capture the voice and image of the Lead through a video call to obtain an internal follow-up of the product and/or service offer and to improve the commercial relationship with the Lead.

Express consent of the person concerned.

Sending of SALES' own commercial and/or promotional communications.

Sending commercial and/or promotional communications in electronic format (including emails, SMS or other instant messaging systems, calls and video calls) of products, services, news, advertising and other information related to the commercial activity of SALES.

Express consent of the person concerned.

Sending commercial and/or promotional communications from other Grupo Solar Profit entities, third party collaborators and/or other entities.

Sending commercial and/or promotional communications in electronic format (including emails, SMS or other instant messaging systems, calls and video calls), of products, services, news, advertising and other information related to the commercial activity of any other member entity of the Grupo Solar Profit, third party collaborators and/or other entities from other sectors of activity that may be of interest to the Lead.

Express consent of the person concerned.

 

4.3. DATA CATEGORY

In accordance with the aforementioned purposes, SALES collects and processes the following categories of data on the basis of one of the indicated legitimate bases:

  • Identification data: name, surname, identification document, email address, contact telephone number, postal address, voice and image.

 

  • Personal characteristics data: preferences and activities of interest.

 

  • We also collect certain information related to your navigation through cookies. Their treatment and purposes are explained in our Cookies Policy.

 

 

Other User data obtained from the consultation itself or from the commercial relationship, which are necessary for the management of the pre-contractual relationship and for the resolution of the consultation, may be gathered and processed.

 

4.4. STORAGE TERMS

The storage term of your data will be determined according to the duration of your relationship and the periods established by law. In this regard, the criteria used to set the terms for the storage of your data have been determined in accordance with the requirements established in the applicable regulations, taking into account the purpose of the processing of personal data.

In particular, the following is established as regards the terms of storage:

  • The Lead's identification and contact data stored in the SALES databases shall be stored until revocation of consent or exercise of the right of objection by the data subject. You can withdraw your consent or object to the processing at any time by clicking on the link provided in each communication or by sending an email to dpo@solarprofit.es.

 

  • The data relating to your enquiry, as well as those relating to your voice and/or image that are collected during the pre-contractual commercial management shall be stored for a maximum term of twelve (12) months in the event that the Lead does not finally contract the services and/or products offered by SALES, the companies belonging to its Group or third party collaborators and other entities.

 

This term of storage has been set to take into account the possibility that the User may contact SALES again and, in this case, we will take into account the offers made previously, as well as to respond to any question of extra-contractual liability.

 

  • In the event that the Lead decides to contract the services promoted by SALES, the personal data for the processing covered by the basis of legitimacy of the contractual relationship will be stored by the service provider responsible for the processing. In order to do so, you should access the Privacy Policy of the relevant service provider.

 

The personal data obtained from the voice and/or image recordings made by telephone or video call of Leads who have contracted for this promotion with the companies of the Grupo Solar Profit shall be stored by SALES for as long as the commercial or contractual relationship with the companies of the Grupo Solar Profit providing the service is maintained. Thereafter, your data will be stored, appropriately secured, for as long as liabilities may arise from the execution of the contractual relationship, as well as for the fulfilment of other legal obligations, for a period of up to six (6) years from the end of the contractual relationship.

 

 

  • In relation to the sending of commercial and promotional communications sent by SALES and by the other companies of the Grupo Solar Profit when applicable, the Users' data shall be stored until the revocation of consent or opposition to processing. You can withdraw your consent or object to the processing at any time by clicking on the link provided in each communication or by sending an email to dpo@solarprofit.es.

 

Once the legitimate basis that permitted the processing of your data has ended, the data may be duly secured and will not be processed unless it is necessary for the formulation, exercise or defence of claims or when it is required to provide the same to the Public Administration, Judges and Courts during the period of limitation of their legal rights or obligations.

 

5. DATA PROCESSING BY THIRD PARTIES AND TRANSFER

The transfer of Lead data by SALES to third parties shall be carried out with the express consent or other legitimate basis in accordance with this policy.

Depending on the purposes for which personal data are collected, they may be processed by:

  • Authorised SALES personnel or their representatives acting on their behalf, subject to the applicable data protection regulations in force.

 

  • Entities of the Grupo Solar Profit when it is strictly necessary to carry out the purposes of the informed data processing and for the sending of commercial and promotional communications of its services, when you have previously given your express consent.

 

The Grupo Solar Profit entities to which data may be transferred are: Solar Profit Energy Services, S.L.; Ingenia Ambiental, S.L.; SolarProfit Iberica, SLU; Profit Energy, S.L.; and Solarma Sistemas de Control y Seguridad, S.L. Any change in this regard will be informed through this Privacy Policy.

 

  • Third parties with which Grupo Solar Profit maintains collaborative relationships and/or other entities that offer products and services related to the photovoltaic energy sector, as well as products and services from other sectors that may be of interest to the User, as long as they have the appropriate express consent or other legitimate basis in accordance with this policy.

 

  • Administrations, Authorities and Public Bodies, including Courts and Tribunals, when so required by the applicable regulations.

 

  • Third-party external service providers contracted by SALES or by Grupo Solar Profit companies and having the status of data processor [providers of software and applications for making calls and video calls, IT service providers that process information, advertising agencies and marketing services, hosting servers, database support maintenance]. This is only after we have taken the necessary steps to ensure that we can share such information and after we have entered into a data processing contract with our data processors in compliance with data protection regulations.

If there is a sale, merger, consolidation, change in corporate control, substantial transfer of assets, reorganisation or liquidation of SALES, then, at our discretion, we may legitimately transfer, sell or assign the information gathered to one or more other relevant parties in accordance with applicable data protection laws.

 

6. SECURITY MEASURES

SALES adopts the security levels required by the GDPR appropriate to the nature of the data that are processed at any given time by its activity. In this sense, it uses encryption techniques that do not allow a third party to trace the identity of the User interacting with our services. Similarly, it may also carry out secure anonymisation strategies for the personal data it processes in order to carry out its activities. However, the technical security of a medium such as the Internet is not infallible and there may be fraudulent actions by third parties, although SALES makes every effort to prevent such actions.

 

7. INTERNATIONAL DATA TRANSFER

We transfer the User's personal data to third parties outside the European Economic Area by adopting appropriate safeguards for such transfer and by taking all appropriate strategy and organisational measures to ensure the data security.

You can request further information on the adoption of appropriate safeguards for the transfer of data by sending an email to dpo@solarprofit.es.

 

8. THE RIGHTS OF DATA SUBJECTS AND THEIR EXERCISE

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

  • Right of access: The User may ask SALES if their data are being processed and, if so, access said data.
  • Right of rectification: The User may request rectification of the data if it is inaccurate or incomplete.
  • The right to request the deletion of their data, if possible. However, as soon as the User exercises this right, all personal data linked to his/her account, as well as the information and content included in his/her profile, will be deleted and will remain stored until the end of the legally stipulated term. Similarly, in the event that the User exercises the right to delete the data necessary for SALES to be able to provide the services, SALES shall be obliged to terminate its relationship with the User, proceeding to remove the User, without the right to any claim whatsoever on the part of the latter.
  • Right to request the limitation of their processing: In this case, we will only store the data for the exercise or defence of claims.
  • Right to object to processing: SALES will stop processing personal data, with the exception that they must continue to be processed for reasons of compelling legitimate interest or for the exercise or defence of possible claims.
  • Right to data portability: In the event that the User wishes their data to be processed by another data controller, SALES shall facilitate the transfer of their data to the new data controller provided that both have the necessary technical means to do so.
  • The 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 for a specific purpose, he or she may withdraw such consent at any time, without this affecting the lawfulness of the processing based on the consent prior to its withdrawal.
  • Right to make a complaint to the Spanish Data Protection Agency: If you consider that a breach of data protection legislation has been committed with regard to the processing of your personal data (https://www.aepd.es/es).

To exercise your rights, you can use the templates and forms available on the official website of the Spanish Data Protection Agency (https://www.aepd.es/es/derechos-y-deberes/conoce-tus-derechos), and contact the Data Protection Officer of SALES at the following email address dpo@solarprofit.es, REF: "Data Protection".

 

9. USER CONSENT

The User declares to have read this Privacy Policy and expressly accepts the said policy when the legal basis for the processing is his or her consent.

The User undertakes to exempt SALES from any possible claim, fine or penalty that it may be obliged to bear as a result of the User's failure to comply with the duty described in this paragraph.

 

10. CHANGES TO THE PRIVACY POLICY

We will only use personal data in accordance with the Privacy Policy in effect at the time such data is collected.

SALES reserves the right to modify this Privacy Policy at any time with effect from the date of publication of such changes, so it is recommended that you visit it each time you access it. If at any time we decide to use personal data in a manner different from that stated at the time it was collected, this will be communicated to the User by email, where available to us. At this point, you will be given the option to consent to other uses or disclosures of the personal information you provided to us prior to the change in our Privacy Policy.

Should any clause of this Privacy Policy be annulled or considered null and void, the rest of the conditions shall not be affected, and shall remain fully valid and in force, in accordance with the applicable regulations in force at any given time.

 

11. GOVERNING LAW

The privacy of all the information provided, both by the User by means of the different forms for requesting personal data and the recording is regulated by the data protection regulations in force, in particular, by the GDPR and the LOPDGDD.

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