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

Date of last update: 24-02-2023

SOLARPROFIT SALES, S.L.U. (hereinafter referred to as “SALES”), the holder of tax ID number B-02777076, which has its registered office at Calle Farmacia, 30-32, 08450, Llinars del Vallès (Barcelona), hereby states that it is the owner of the website www.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 SALES 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:

SOLARPROFIT SALES, S.L.U. (hereinafter referred to as “SALES”) is a company in the Solar Profit Group. Its main purpose is to carry out call centre activities and to provide marketing information and support on the products and services of companies from different sectors of activity, including those in the Solar Profit Group and third parties, aimed at potential customers. The aim of our professionals is to answer requests and queries via different communication channels, including by phone call, email and video call. For this purpose, SALES processes the personal data of potential customers and other users of the Website in accordance with the provisions of this Privacy Policy.

SALES 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 Website and potential customers (hereinafter referred to as either the “User” or the “Lead”) of the products and services promoted by SALES will be carried out voluntarily once the latter has been informed, prior to the data processing, of the use and purposes thereof.

The processing of the data provided to SALES 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. SALES 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, SALES 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 SALES 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 SALES or third parties.

SALES 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

We mainly obtain your data from third-party partners engaged in the transfer of Leads. The partners in question warrant that they have obtained your data in accordance with data protection legislation, having previously informed you of the transfer of your data to other Leads databases in order to answer your queries and provide you with the marketing information you need.

In addition, we may obtain your data through the Website, online or offline forms, phone calls, video calls or any other means from companies in the Solar Profit Group. In such cases, the User warrants that the data is true, accurate, complete and up-to-date, and accepts 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 SALES 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 SALES harmless from any liability in this regard. The User therefore warrants that any of their own or third-party personal data that they may provide is accurate, truthful and up-to-date. Accordingly, when the Worker discloses third-party data to the Company, they undertake to inform the third parties in question that they have disclosed their data to the Company. Nonetheless, SALES 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 SALES are as follows:

4.3. Data categories

In accordance with the aforementioned purposes, SALES collects and processes the following data categories according to the specified legal basis:

• Identifying information: name, surname(s), nickname, ID document, email address, contact telephone number, postal address, voice and image.

• Personal details: preferences and activities of interest.

• Data from the chat on the “WhatsApp Business” instant messaging channel: history and documents sent.

• If competitions, promotions or events are organised: images, recordings or videos of the user, with their prior consent.

• 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 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 communications made through the online chat, instant messaging apps such as “WhatsApp”, SMS, phone calls or emails, it should be taken into account 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.). If they do so, the User shall release SALES from any liability. SALES will delete any inappropriate queries or content.

Furthermore, in cases where it is the data subject who has contacted SALES without having given their express consent, the data in question will be processed on the basis of SALES’ legitimate interest in contacting data subjects who have completed the forms in order that SALES may provide them with information on its products and services, in line with the legitimate interest assessment previously carried out.

4.4. Retention periods

The retention periods of your data will be determined by the length of your relationship and the legally established time periods. Accordingly, the criteria used to establish the retention periods of your data have been determined in accordance with the requirements established in applicable legislation, based on the processing purpose of the personal data.

In particular, the following is established with regard to the retention periods:

• The identifying information and contact details of the Lead stored in SALES’ databases will be kept until the revocation of consent or exercise of the right of objection by the data subject. You may revoke your consent or object to the data 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 query and management of the service, as well as the data relating to your voice and/or image which is collected during the pre-contractual commercial process will be kept for a maximum period of twelve (12) months if the Lead does not finally take out the services and/or products offered by SALES, the companies in the Group or third-party partners and other companies.

This retention period has been in established with a view to the possibility that the User may contact SALES again, in which case we would take into account any previously made offers, as well as for any cases of tort liability.

• The data relating to the quality surveys will be kept until consent is revoked, and for no longer than two (2) years after publication of the Lead’s opinion, unless it is anonymized.

• If the Lead should decide to take out the services promoted by SALES, the personal data processed on the legal basis of the contractual relationship will be kept by the service provider in its capacity as the data controller. You should therefore access the Privacy Policy of the respective service provider.

The personal data obtained from voice and/or image recordings taken from phone calls or video calls with Leads who have taken out products or services from companies in the Solar Profit Group will be kept by SALES for as long as the commercial or contractual relationship is maintained with the companies in the Solar Profit Group that provide the service. Subsequently, your data will be kept and duly blocked for as long as there may be liabilities arising from the performance of the contractual relationship, as well as for compliance with any other legal obligations, for a period of up to six (6) years from the end of the relationship.

• In relation to the sending of marketing and promotional communications by SALES and the other companies in the Solar Profit Group, where applicable, the Users’ data will be kept until the revocation of consent or exercise of the right of objection. You may revoke your consent or object to the data processing at any time by clicking on the link provided in each communication or by sending an email to dpo@solarprofit.es.

• The data collected from the use of cookies will be kept for the duration of the cookie. See Cookies Policy. 

Once the legal basis for processing your data has expired, the data may be kept and duly blocked and will not be processed, unless this is necessary for the filing, exercise or defence of legal claims or when SALES is requested to provide the data to the Public Administration, judges or courts during the legal limitation period of your rights or legal obligations.

4.5. Source of the data

In the majority of cases, SALES obtains the personal data directly from the data subject. However, their contact details may also be obtained by third parties and not from the data subject themselves in order to communicate with the data subject. In any event, SALES guarantees compliance with its duty of disclosure, in accordance with Article 11 of the LOPDGDD and Article 14.3.b) of the GDPR, and, in its initial communication and contact, shall provide the data subject with basic information on data processing, including the identity of the data controller, the processing purpose, the data category being processed, the source of the data and the possibility of exercising the rights established in Articles 15 to 22 of the GDPR. In addition, SALES undertakes to provide the data subject with an email address or other means by which to access further information.

The transfer of the data of the Lead by SALES to third parties will be carried out with the appropriate express consent or on another legal basis according to this policy.

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

• Authorised staff of SALES 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 express 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 and/or other companies offering 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, and platforms on which quality surveys and opinions provided by the Lead are shared, provided that the appropriate express consent or another legal basis has been established according to this policy.

• Public Administrations, authorities and bodies, including courts and tribunals, when this is required by applicable legislation.

• External third-party service providers contracted by SALES or companies in the Solar Profit Group in their capacity as a data processor [providers of software and apps for making voice and video calls, IT service providers that process information, providers of the “WhatsApp Business” instant messaging service, advertising and marketing agencies, hosting servers and maintenance of support for databases]. 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 SALES, we may, at our discretion, transfer, sell or assign the information collected to one or more relevant parties in a legitimate manner according to current data protection legislation.

SALES 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 SALES 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, SALES 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, SALES 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, Users may exercise the following rights:

• Right of access: Users may ask SALES 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 SALES in order to provide the Website services, SALES 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: SALES 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, SALES 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) or send an email to the Data Protection Officer of SALES at dpo@solarprofit.es, quoting the reference “Data Protection”.

The User represents that they have read and expressly accepted this Privacy Policy and that the legal basis of processing is their consent.

The User undertakes to hold SALES 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, SALES will process the personal data in order to send you marketing and promotional communications by electronic means on products and services related to SALES, 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 SALES, we may also send you marketing communications related only to the goods and services of SALES, 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.
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.

You may revoke your consent or object to data processing at any time by sending an email to dpo@solarprofit.es. These marketing communications may also contain links to third-party sites. 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.

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.

SALES reserves the right to amend this Privacy Policy at any time, with effect from the date of publication of any such amendments. 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 provided in recordings, 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.