WEBSITE PRIVACY POLICY

I. PRIVACY AND DATA PROTECTION POLICY

In accordance with applicable law, Genergy (hereinafter also referred to as the “Website”) undertakes to implement the necessary technical and organizational measures, in accordance with the level of security appropriate to the risk associated with the data collected.

Laws covered by this privacy policy

This privacy policy complies with current Spanish and European regulations regarding the protection of personal data online. Specifically, it complies with the following regulations:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
• Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007, dated December 21, approving the implementing regulations for Organic Law 15/1999, dated December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected by Genergy is: , with Tax ID No.: (hereinafter, the “Data Controller”). Their contact information is as follows:

The data controller for the personal data collected by Genergy is: Genergy Power Products S.L., with Tax ID No. (NIF/CIF): B26426643, registered in the Commercial Registry of La Rioja with the following registration details: Volume 663, Book 0, Folio 19, Page LO-11879, whose representative is: Genergy Power Products S.L. (hereinafter, the Data Controller). Its contact information is as follows:

Address: Avenida del Ebro Nº10, 26500 Calahorra (La Rioja)

Contact telephone number: 941 152733

Fax:

Contact email: [email protected]

Personal Data Record

In compliance with the provisions of the GDPR and the LOPD-GDD, we hereby inform you that the personal data collected by Genergy through the forms provided on its website will be incorporated into and processed in our database for the purpose of facilitating, expediting, and fulfilling the commitments established between Genergy and the User, or maintaining the relationship established in the forms the User fills out, or to respond to a request or inquiry from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set forth in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights:

• Principle of lawfulness, fairness, and transparency: The User’s consent must be obtained at all times, following full and transparent disclosure of the purposes for which personal data is collected.
• Principle of purpose limitation: Personal data shall be collected for specified, explicit, and legitimate purposes.
• Principle of data minimization: The personal data collected will be limited to what is strictly necessary for the purposes for which it is processed.
• Principle of accuracy: Personal data must be accurate and kept up to date.
• Principle of data retention limitation: Personal data will only be retained in a form that allows for the identification of the User for as long as is necessary for the purposes of its processing.
• Principle of integrity and confidentiality: Personal data will be processed in a manner that ensures its security and confidentiality.
• Principle of proactive responsibility: The data controller is responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed by Genergy are limited to identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

The categories of data processed by Genergy include both identifying data and special categories of personal data as defined in Article 9 of the GDPR.

Special categories of personal data are defined as data revealing ethnic or racial origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as the processing of genetic data, biometric data intended to uniquely identify a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

For the processing of special categories of personal data, the User’s explicit consent will be required in all cases for one or more specific purposes.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Genergy undertakes to obtain the User’s express and verifiable consent to process their personal data for one or more specific purposes.

The User has the right to withdraw their consent at any time. Withdrawing consent is just as easy as giving it. As a general rule, withdrawing consent will not affect the use of the Website.

Whenever the User is required or able to provide personal information via forms to make inquiries, request information, or for reasons related to the content of the Website, the User will be informed if completing any of these fields is mandatory because they are essential for the proper completion of the transaction.

Purposes for which personal data is processed

Personal data is collected and processed by Genergy for the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website and the User; maintaining the relationship established through the forms completed by the User; or responding to a request or inquiry.

Similarly, the data may be used for commercial purposes related to personalization, operations, and statistics, as well as for activities consistent with Genergy’s corporate purpose, including data extraction, storage, and marketing studies to tailor the Content offered to the User and to improve the quality, functionality, and navigation of the Website.

At the time the personal data is collected, the User will be informed of the specific purpose or purposes for which the personal data will be processed; that is, the use or uses to which the collected information will be put.

Retention periods for personal data

Personal data will be retained only for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 24 months, or until the User requests its deletion.

At the time the personal data is collected, the User will be informed of the period for which the personal data will be retained or, if that is not possible, the criteria used to determine that period.

Recipients of personal data

The User's personal data will not be shared with third parties.

In any case, at the time the personal data is collected, the User will be informed of the recipients or categories of recipients of the personal data.

The User's personal data will be shared with the following recipients or categories of recipients:

– Google Analytics – https://developers.google.com/analytics?hl=es, 1600 Amphitheatre Parkway, Mountain View, CA 94043, Estados Unidos.

If the data controller intends to transfer personal data to a third country or international organization, the user will be informed, at the time the personal data is collected, of the third country or international organization to which the data is intended to be transferred, as well as whether or not there is an adequacy decision by the Commission.

Personal information of minors

In accordance with Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, only individuals aged 14 or older may lawfully consent to the processing of their personal data by Genergy. In the case of a child under 14 years of age, the consent of the parents or guardians is required for the processing, and such processing will only be considered lawful to the extent that they have authorized it.

Confidentiality and Security of Personal Data

Genergy is committed to implementing the necessary technical and organizational measures, commensurate with the level of security appropriate to the risk associated with the data collected, to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss, or alteration of personal data that is transmitted, stored, or otherwise processed, as well as unauthorized disclosure of or access to such data.

The Website uses an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as data transmission between the server and the User—and vice versa—is fully encrypted.

However, since Genergy cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay whenever a personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is defined as any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Personal data will be treated as confidential by the Data Controller, who undertakes to ensure, through a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and any person to whom the information is disclosed.

Rights related to the processing of personal data

The User has the following rights with respect to Genergy and may, therefore, exercise the following rights—as recognized in the GDPR and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights—against the Data Controller:

• Right of access: This is the User’s right to obtain confirmation as to whether Genergy is processing their personal data and, if so, to obtain information regarding their specific personal data and the processing that Genergy has carried out or is carrying out, as well as, among other things, the available information regarding the source of such data and the recipients of any communications made or planned regarding the data.
• Right to rectification: This is the User’s right to have their personal data corrected if it is inaccurate or, in light of the purposes of the processing, incomplete.
• Right to erasure (“the right to be forgotten”): This is the User’s right, unless otherwise provided by applicable law, to have their personal data erased when such data is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be erased to comply with a legal obligation; or the personal data was obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to erasing the data, the Data Controller, taking into account available technology and the cost of implementation, must take reasonable measures to inform those responsible for processing the personal data of the data subject’s request to remove any links to such personal data.
• Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to assert legal claims; and when the User has objected to the processing.
• Right to data portability: If the processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other data controller.
• Right to object: This is the User’s right to prevent Genergy from processing their personal data or to have such processing ceased.
• Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided by applicable law.

Therefore, the User may exercise their rights by sending a written request to the Data Controller with the reference“GDPR-genergy.es,”specifying:

• The User’s first and last names and a copy of their ID card. In cases where representation is permitted, the person representing the User must also provide identification in the same manner, as well as a document proving the power of attorney. The photocopy of the ID card may be replaced by any other legally valid means of proving identity.
• A request stating the specific reasons for the request or the information you wish to access.
• Address for service of process.
• Date and applicant's signature.
• Any document supporting the request you are making.

This application and any other attached documents may be sent to the following address and/or email address:

Mailing address: 10 Avenida del Ebro, 26500 Calahorra (La Rioja)

Email: [email protected]

Links to third-party websites

The Website may include hyperlinks or links that provide access to third-party websites other than Genergy, and which are therefore not operated by Genergy. The owners of such websites have their own data protection policies and are, in each case, responsible for their own data files and privacy practices.

Complaints to the supervisory authority

If the User believes that there is a problem or a violation of applicable regulations regarding the way in which their personal data is being processed, they have the right to effective judicial protection and to file a complaint with a supervisory authority, specifically in the country where they have their habitual residence, place of work, or the location of the alleged violation. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

Users must have read and agreed to the terms regarding the protection of personal data contained in this Privacy Policy, and must consent to the processing of their personal data so that the Data Controller may process such data in the manner, for the duration, and for the purposes indicated. Use of the Website constitutes acceptance of its Privacy Policy.

Genergy reserves the right to modify its Privacy Policy at its sole discretion or in response to changes in legislation, case law, or guidelines issued by the Spanish Data Protection Agency. Users will not be explicitly notified of any changes or updates to this Privacy Policy. Users are advised to check this page periodically to stay informed of the latest changes or updates.

This Privacy Policy has been updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights.