PROFIT ENERGY PRIVACY POLICY

Latest update: 12/12/22

PROFIT ENERGY, S.L.U. (hereinafter referred to as “PROFIT ENERGY”), the holder of Spanish company tax code number B-10790137, which has its registered office at Avenida de Cabrera, 36 - PLT 12, Torre d’Ara, Mataró - 08302 (Barcelona), is the owner of the website www.profitenergy.es (hereinafter referred to as the “Website”) in accordance with the obligations set out 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 PROFIT ENERGY 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

1. IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER

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:

2. COMPLIANCE WITH APPLICABLE LEGISLATION

PROFIT ENERGY has adapted the Website to the GDPR and the LOPDGDD. For this purpose, 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 a user of the services of PROFIT ENERGY (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.

3. PRINCIPLES THAT WE APPLY TO YOUR PERSONAL INFORMATION

The data provided to PROFIT ENERGY by different means, in 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.

All the information that the User provides to PROFIT ENERGY 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 PROFIT ENERGY or third parties. PROFIT ENERGY 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. PERSONAL DATA PROCESSING

4.1. PERSONAL DATA COLLECTION AND PROCESSING

By providing us with their data through the Website, 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 any breach of the obligation in question.

If they provide PROFIT ENERGY with third-party data, the User must have the consent thereof and undertake to pass on the information contained in this clause to the third parties in question, holding PROFIT ENERGY harmless from any liability in this regard. Notwithstanding the above, PROFIT ENERGY may carry out checks to verify this fact, adopting any appropriate due diligence measures in accordance with data protection legislation.

4.2. PROCESSING PURPOSES

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

4.3. DATA CATEGORIES

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

1. Identifying information: name, surname(s), email address and telephone number.
2. We also use cookies to collect certain information on your browsing habits. Their processing and purposes are explained in our Cookies Policy.

With regard to any comments, incidents or suggestions sent through the contact form included on the Website, you will be able to give a brief explanation of the reason for the query. Bear in mind that it is not possible to answer individual queries, 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 PROFIT ENERGY from any liability. PROFIT ENERGY will delete any inappropriate queries or content.

5. DATA PROCESSING BY THIRD PARTIES AND DATA TRANSFERS

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

• Authorised staff of PROFIT ENERGY 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, for internal administrative purposes or for the sending of marketing and promotional communications on its services, where appropriate. For further information on the companies that make up the Solar Profit Group, please visit the following link: https://solarprofit.es/es/empresas-grupo-solarprofit/

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

• Shared credit data systems in the event of non-payment, informing you accordingly. In this regard, please note that PROFIT ENERGY may consult the data available on any such credit data systems. 

• The Distributing Company and the Supply Point Information System (SIPS), in the event of our services being taken out.

• External third-party service providers contracted by PROFIT ENERGY in their capacity as a data processor [advertising marketing services agencies, IT services providers that process information, provide hosting servers and maintain 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 PROFIT ENERGY, we may, at our discretion, transfer, sell or assign the information collected on the Website to one or more relevant parties.

6. SECURITY MEASURES

PROFIT ENERGY 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 PROFIT ENERGY uses all the means available to it to prevent such actions.

7. INTERNATIONAL DATA TRANSFERS

We do not transfer the User’s personal data to third parties outside the European Economic Area. If any international data transfers should be made, all the appropriate technical and organisational measures will be taken to guarantee the security of data.

8. RIGHTS OF DATA SUBJECTS AND THE EXERCISE OF SUCH RIGHTS

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

• Right of access: Users may ask PROFIT ENERGY 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 the data that PROFIT ENERGY requires in order to provide the Website services, PROFIT ENERGY 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: PROFIT ENERGY will cease to process the personal data unless they 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, PROFIT ENERGY 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 the 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, you may 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 address of PROFIT ENERGY or send an email to dpo@solarprofit.es, quoting the reference “Data Protection”.

9. CONSENT OF THE USER

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

The User undertakes to hold PROFIT ENERGY 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.

10. CHANGES TO THE PRIVACY POLICY

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

PROFIT ENERGY 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 personal data in a manner other than the method stated when the data were 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.

11. APPLICABLE LEGISLATION

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

12. COOKIES

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.