INGENIA AMBIENTAL PRIVACY POLICY

Last updated: 14/07/2022

INGENIA AMBIENTAL, S.L.U. (hereinafter, "INGENIA AMBIENTAL") with Tax Identification Number B-65009979 and registered office at Calle Farmacia, no. 30-32, 08450, Llinars del Vallès (Barcelona), duly registered in the Commercial Register of Barcelona in Volume 40996, Sheet 34, Page B-375230, informs you how your personal data will be treated, by means of this Privacy Policy.

Generally, the completion of all the data requested by INGENIA AMBIENTAL is necessary to achieve an optimal provision of the services made available to the User. Failure to provide all the data required by INGENIA AMBIENTAL does not guarantee that the information and services provided can be provided, are provided correctly or meet the needs of the client or user.

The term User/s is used here to refer to all persons of legal age who are clients or potential clients of INGENIA AMBIENTAL.

BASIC INFORMATION ON DATA PROCESSING

DETAILED INFORMATION ON DATA PROCESSING

1. Name and contact details of the Data Controller

In accordance with the terms of the applicable data protection regulations 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, "GDPR"), Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter, the "LOPDGDD") and Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, "LSSICE"), the Data Controller is:

2. Compliance with applicable regulations

INGENIA AMBIENTAL has adapted its activity to the GDPR and the LOPDGDD. To do so, it has implemented those policies, measures and technical and organisational procedures to guarantee and protect the confidentiality, integrity and availability of your personal data.

The transmission of data by the user, client and potential clients of the services of INGENIA AMBIENTAL (hereinafter, jointly, the "User"), whether by automated or non-automated means, is carried out voluntarily and the user is communicated prior to the processing of the use and purposes of the same.

3. The principles we apply to your personal information

The data provided to INGENIA AMBIENTAL by different means, online or offline contact forms or any other procedure used to collect your data, will be carried out in accordance with the data protection regulations in force, and with the sole purpose of providing the service you have been informed about.

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

• The principles 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 about in advance in full transparency. INGENIA AMBIENTAL informs you that only the information necessary to achieve the purpose of the processing will be collected and only the data you have provided will be processed for the purpose(s) for which you were informed.
• The data minimisation principle: We will only ask you for data that is strictly necessary in relation to the stated purposes.
• The principle of limitation of the term of retention: Personal data shall be kept for the time strictly necessary to the end of the purpose for which they were collected, and as long as the cause that made the processing of these personal data legitimate 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: INGENIA AMBIENTAL, 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  INGENIA AMBIENTAL must be truthful, and the User will be solely responsible for any false or inaccurate statements made and for any damages caused to  INGENIA AMBIENTAL or third parties.

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

4. Processing of personal data

4.1. Collection and processing of personal data

In providing us with their data through the Website, online or offline forms or by any other means, the User guarantees that they are truthful, exact, complete and up to date, and shall be liable 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  INGENIA AMBIENTAL with third party data, the User must have the consent of the third party and undertake to provide them with the information contained in this clause, exempting  INGENIA AMBIENTAL from any liability in this regard. However,  INGENIA AMBIENTAL may carry out checks to verify 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  INGENIA AMBIENTAL of the User's personal data are:

Upon termination of the legitimate grounds for the processing of your data, said data may be kept duly stored and will not be processed unless it is necessary for the submission, 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.

4.3. Data Category

In accordance with the aforementioned purposes, INGENIA AMBIENTAL collects and processes the following categories of user data:

1. Identification and contact details: name, surname, email address, country, address, proof of identity ( National ID card/Foreign ID/Passport), and signature.
2. Financial and tax data: bank details, SEPA, IBI, data necessary for the management of the IBI rebate.
3. Data derived from the contract: contract, strategy installation certificate, electricity bill.
4. 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.

Under no circumstances will the User communicate data of any special nature (such as, for example, health data, religious data, etc.). In case of doing so, the User exempts INGENIA AMBIENTAL from all responsibility. In the event that inappropriate queries or content are sent, INGENIA AMBIENTAL will remove them.

5. Data processing by third parties and transfer

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

• Authorised INGENIA AMBIENTAL 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 data processing communicated, for internal administrative purposes, and for sending commercial and promotional communications of its services, when you have previously given your express consent.

The entities that currently make up the Grupo Solar Profit are: Solarprofit Sales, S.L.U.; Solar Profit Energy Services S.L.; Profithol, S.A.; Ingenia Ambiental S.L.U.; SolarProfit Iberica, SLU; and Solarma Sistemas de Control y Seguridad S.L. Any change in the structure of Grupo Solar Profit will be communicated 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 sector, as well as products and services from other sectors that may be of interest to the User, as long as the interested party is informed of the processing of their data beforehand and consent or another legitimate basis has been obtained in accordance with this policy.

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

• Third party external service providers that INGENIA AMBIENTAL contracts and that have the status of data processor [IT service providers that process information, hosting servers, maintenance of database support, software and applications]. This is only after we have taken steps to ensure that we can share such information 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 INGENIA AMBIENTAL, then we may, at our discretion, transfer, sell or assign the information collected on the Website to one or more relevant parties.

6. Security measures

INGENIA AMBIENTAL adopts the security levels required by the GDPR appropriate to the nature of the data that are processed at all times due to 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 strategy in a medium such as the Internet is not infallible and there may be fraudulent actions by third parties, although INGENIA AMBIENTAL makes every effort to prevent such actions.

7. International data transfer

No data is disclosed to third parties outside the European Economic Area. In this sense, INGENIA AMBIENTAL takes appropriate technical and organisational measures to guarantee data security. It also requires its third party service providers and partners, where applicable, to have adequate safeguards in place.

In the event that international transfers of your data are necessary, INGENIA AMBIENTAL ensures that (i) such personal data are transferred to countries that offer an equivalent level of protection, or (ii) the transfer is carried out in accordance with appropriate safeguards, for example by adopting the standard data protection clauses established by the European Commission.

8. The rights of data subjects and the exercise of these rights

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

• Rights of access: The User may ask INGENIA AMBIENTAL if it is processing his or her data and, if so, may 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 erasure of their data, where 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 INGENIA AMBIENTAL to provide the contracted services, the company will be obliged to terminate its relationship with the User, proceeding to unsubscribe the User, without the right to any claim whatsoever on the part of the User.
• Right to request the limitation of processing: In this case, we will only retain them for the exercise or defence of claims.
• Right to object to processing: INGENIA AMBIENTAL will stop processing personal data, except for data that 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 wants his/her data to be processed by another data controller, INGENIA AMBIENTAL will facilitate the transfer of his/her data to the new data controller if 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 with 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 write to INGENIA AMBIENTAL's Data Protection Officer at the following email address dpo@solarprofit.es, REF: "Data Protection".

9. User Consent

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

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

10. SENDING COMMUNICATIONS

If the User has authorised us to do so, INGENIA AMBIENTAL will process the personal data provided in order to send him/her commercial and promotional communications by electronic means on products and services related to INGENIA AMBIENTAL, as well as those of entities belonging to the Grupo Solar Profit and third parties with which it maintains collaborative relationships. We would like to remind you that if you have a contractual relationship with INGENIA AMBIENTAL, we may also send you commercial communications only related to the goods and services of INGENIA AMBIENTAL, based on the execution of the contract.

Such commercial communications may also contain links to third party sites. We will store your data for as long as you are subscribed to the relevant newsletters and alerts. After you have unsubscribed, we will disable any further marketing communications from us in the future.

You can withdraw your consent or object to the processing at any time by clicking on the link provided in each newsletter or by sending an email to dpo@solarprofit.es.

Furthermore, in the event of maintaining a contractual relationship with INGENIA AMBIENTAL, communications related to the execution of the contract, such as reminders of appointments and planned visits, may be sent by SMS and/or email. These communications do not have a commercial purpose and their sole objective is to carry out the correct provision of the services that the interested party has contracted.
If you do not wish to receive such follow-up notifications related to the provision of the service, you can unsubscribe by sending an email to dpo@solarprofit.es or by calling the free telephone number 900 25 35 45.

11. 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.

INGENIA AMBIENTAL reserves the right to modify this Privacy Policy at any time with effect from the date of publication of such modifications, so it is recommended that you review 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.

12. Applicable legislation

The privacy of all information provided, both by the User through the different forms for requesting personal data, and that made available through the Website, is regulated by the data protection regulations in force, especially by the GDPR and the LOPDDGDD.

13. Cookies

Access to the website may involve the use of cookies. Cookies are small pieces of information that are stored on the browser used by each user so that the server remembers certain information that can be subsequently used. This information allows us to distinguish you as a specific user and to store your personal preferences, as well as strategic information about the use and operation of the Website.

Users who do not wish to enable cookies or who wish to be informed before they are stored on their devices can configure their own device to that effect. For more information, you can consult our Cookie Policy.