WEBSITE PRIVACY POLICY

I. PRIVACY AND DATA PROTECTION POLICY

Respecting what is established in the current legislation, Genergy (hereinafter also Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of 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 person responsible for the processing of personal data collected at Genergy is: , with NIF: (hereinafter, Data Controller). Its contact details are as follows:

The person in charge of the processing of personal data collected at Genergy is: Genergy Power Products S.L., provided with NIF/CIF: B26426643 and registered in: Commercial Register of La Rioja with the following registry data: volume 663, book 0, folio 19, sheet LO-11879, whose representative is: Genergy Power Products S.L. (hereinafter, Data Controller). Its contact details are 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 RGPD and the LOPD-GDD, we inform you that the personal information collected by Genergyby means of the forms extended in its pages will remain incorporated and will be treated in our file with the purpose of being able to facilitate, to speed up and to fulfill the commitments established between Genergy and its clients. Genergy and the User or the maintenance of the relationship established in the forms filled in by the User, or to attend to a request or query from the User. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a record of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

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 solely identification 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 are both identifying data and special categories of personal data within the meaning of Article 9 of the GDPR.

Special categories of personal data include 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 express and verifiable consent of the User for the processing of his 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 through 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 forms is mandatory because such information is essential for the proper completion of the transaction.

Purposes for which personal data is processed

Personal data is collected and managed by Genergy in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to respond to a request or inquiry.

Likewise, 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, performance, 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

Respecting the provisions of Articles 8 of the RGPD and 7 of the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Genergy. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Confidentiality and Security of Personal Data

Genergy undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication 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, because 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 inform the User without undue delay when a breach of security of personal data occurs that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

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 about Genergy and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

• Right of access: This is the User's right to obtain confirmation of whether or not Genergy is treating or not their personal data and, if so, to obtain information about their specific personal data and the treatment that Genergy is carrying out on them. Genergy has carried out or will carry out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for said 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 with 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 the controllers 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. Where technically feasible, the Data Controller will transmit the data directly to that other data controller.
• Right of opposition: This is the User's right not to have his/her personal data processed or to have the processing of such data by Genergy cease. Genergy.
• 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.

Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference "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: Avenida del Ebro No. 10, 26500 Calahorra (La Rioja)

E-mail: genergy

Links to third-party websites

The Web Site may include hyperlinks or links that provide access to third party web pages other than Genergyand which are therefore not operated by Genergy. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own 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 where the alleged violation occurred. 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

The User 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, within the timeframes, and for the purposes indicated. Use of the Website constitutes acceptance of its Privacy Policy.

Genergy reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware 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.