Legal Notice And Privacy Policy

LEGAL NOTICE – PRIVACY POLICY

The Privacy Policy is a part of the General Terms ruling this website.

Who handles your data and is the owner of the webpage?

This Legal Notice establishes the terms and conditions of use for the website enviraiot.com and enviraiot.es (henceforth “the website”) owned by ENVIRA SOSTENIBLE, S. A. ; C.I.F. (Code Tax number): A33062407; registered office: Calle Ablanal, nº11, 33428 Parque Tecnológico de Asturias, Asturias; registered in Asturias Commercial Register, 1st inscription, page 1.466, folio 73, volume 4110, book 534 of Section 3 (henceforth “ENVIRA”).

For any doubt related to these General Conditions or any matter or complaint concerning the products or services contracted online, our contact page is available to the customer.

We reserve the right to modify or adapt this Privacy Policy any time. We recommend you revise it and, if you are logged-in, you will be informed about the modifications.

ACCEPTANCE

The use of this website attributes the status of user and implies the acceptance of all the terms and conditions of use established in this Legal Notice. Users must read this Legal Notice carefully every time before browsing the website, as the conditions of use here established may change. Some of the services available to the user on this website may be subject to general or particular conditions that will substitute, complete and/or modify this Legal Notice and that must be accepted by the user before accessing the product or service. Thus, if there is any contradiction between this Legal Notice and the general or particular conditions applicable to certain products or services offered on the website, these will prevail above the Legal Notice.

ENVIRA reserves the right to unilaterally modify, without prior notice, the terms and conditions of use and will display those changes in a prominent place of the website so they may be known by the users at the beginning of their visit.

USER OBLIGATIONS

The user is bound to comply with the conditions and terms of use established in this Legal Notice and with the special warnings or instructions on the website. The user must act in accordance with the law and the demands of good faith, using the products or services on this website with due diligence, and abstaining from using this website in any way that may cause harm, prevent or deteriorate its normal functioning or the goods and rights of ENVIRA, as well as those of their suppliers or, in general, of any third party.

In particular, without restriction of the obligations assumed by the user and according to the paragraph above, the user must comply with the following rules when using the website and its services:

• When completing the forms on this website, the user must provide true information and update it.
• The user must not use a false identity nor impersonate anybody else on this website, its products or services.
• The user must not make requests for content offered by the website by any means or procedures other than those provided on the website or those usually used in the Internet, and on the condition that those means or procedures do not entail any danger of disabling the website or its contents.
• The user must not reproduce, copy, distribute, modify or publicly communicate the contents of the website, except when authorized to do so by the law, by ENVIRA or by the owner of their legal rights.
• The user must not upload, store or distribute through the website any software, data, virus, code, hardware or telecommunication equipment or any other electronic or physical device liable to produce damages to the website, its products and services or the equipment, systems and networks belonging to ENVIRA, other user, providers or any third party; or, in general, to do anything to produce any alteration in them or to prevent their correct functioning.
• The user must not destroy, alter, disable or damage any electronic data, information, programme or document belonging to ENVIRA, their providers or any third party.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All content displayed or included in the website and, especially, any design, text, graphic, button, software, database, trade name, brand or any other sign liable to be used industrially or commercially is protected by the rights of intellectual and industrial property of ENVIRA or any third party that has authorized its inclusion in the website.

ENVIRA has the exclusive exploitation rights for that content, and specifically, the rights of reproduction, distribution, public communication and transformation. Without the previous and explicit authorization of ENVIRA, no license can be given, no renunciation, transmission, total or partial transfer of these rights can be made, and no right or expectation of right can be granted, in particular transformation, exploitation, reproduction or public communication rights.

Any offense against the rights cited in these conditions and terms of use may result in civil or criminal court procedures.

 

HYPERLINKS

Users who wish to insert links to ENVIRA in their own webpages must comply with the following conditions, ignorance of which will not avoid the responsibilities established by the law:

1. The link will be only to the home page or main page, but it will not reproduce it in any way (online links, copy of the texts, graphics, etc).
2. According to the legislation applicable and in force at the moment, it is forbidden to establish frames of any kind surrounding the page or display it at other Internet addresses, and, in any case, display it together with external contents in a way that can: (I) mislead, confuse or deceive users about the real origin of the service or its contents; (II) constitute an act of disloyal comparison or imitation; (III) benefit others from the name and prestige of ENVIRA; or (IV) be in any other way forbidden by the legislation in force at the moment.
3. The page inserting the link will not make any false, inaccurate or incorrect statement about ENVIRA, their employees or the activities developed by them.
4. In no case will the page inserting the link state that ENVIRA has consented to the link or that they, in any way, sponsor, cooperate with, verify or supervise the sender’s services.
5. It is forbidden to use any brand, both graphic or mixed, or any other distinctive sign of ENVIRA in the sender’s website, except in the cases allowed by the law or explicitly authorized by ENVIRA; in this case, the sender must insert a direct link to ENVIRA’s website in the way established in this clause.
6. The page establishing the link must comply with the law and it will not be allowed, in any case, to link to contents, either internal or external, that: (i) are illicit, harmful or contrary to the demands of morality (pornographic, violent, racist, etc.); (ii) may make the user falsely believe that ENVIRA supports in any way the sender’s ideas, statements or expressions, either licit or illicit; (iii) are inappropriate or not pertinent to the activity developed by ENVIRA as regards the place, content or subject of the sender’s website.

In any case, ENVIRA reserves the right to forbid the links to their website and to demand their removal when they do not comply with the conditions required in this section.

RESPONSIBILITY

The user will be the only responsible for any infractions committed and the damages produced to third parties due to the incorrect or illegal use of the website.

ENVIRA does not guarantee the truthfulness, accuracy, adequacy or updating of the information collected on the website and, therefore, is not responsible for decisions made based on it nor for damages suffered by the user or by third parties based only on this information.

ENVIRA will not be held responsible for any possible damage derived from interferences, omissions, interruptions, software viruses, phone breakdowns or disconnections in the performance of the electronic equipment or computers that are due to reasons external to our company; nor for any delay or blocking in the use of those systems due to deficiencies or overloads in the phone lines, in the Internet or in other electronic systems.

ENVIRA will not be held responsible for damages derived from the cancellation or interruption of the services provided by the website when they are due to maintenance and/or updating operations.

ENVIRA does not guarantee the truthfulness nor is to be held responsible for the consequences of the errors in the content on the website supplied by third parties.

In the same way, ENVIRA will not be held responsible for the contents, products or services directly or indirectly displayed on the website through electronic links (henceforth “links”), except in the cases established by article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce. If any user considers that there is a link to illicit or inadequate contents, ENVIRA must be informed according to the procedure established in section 10 of this Legal Notice.

Links do not imply a relationship between ENVIRA and the owners of the webpages linked, nor is there any recommendation, promotion or identification of ENVIRA and their statements, contents or services.

ENVIRA reserves the right to unilaterally remove at any time the links that appear on their website. ENVIRA does not know the contents and services of the pages linked and, therefore, is not to be held responsible for damages produced by their unlawfulness, quality, outdating, unavailability, error or uselessness, nor for any other damage not directly attributable to ENVIRA.

ENVIRA is not to be held responsible for any possible discrepancy between its printed documents and the electronic copies published on the website. In case of discrepancy, the written version will prevail over the electronic one.

ENVIRA is not to be held responsible for the way minors may use the website. ENVIRA is not responsible for the fact that the contents of the website may hurt minors’ sensibilities. It is the parents’ responsibility to ensure the correct use of a tool such as Internet and to be with the minors during their browsing.

ENVIRA holds no responsibility for the cookies installed on the user’s hard drive by third parties.

WEBSITE UPDATING

ENVIRA reserves the right to update, modify or remove the information on the website and even limit or deny access to the information, temporally or definitively.

The information on this website is valid on the date of its last update and must be considered by the user merely as a guide about the products and services or other information on the page. The user can check the update date of any information by requesting it through the mailbox of the website.

POLICY ON PROTECTION OF PERSONAL DATA

If you belong to any of the following groups, please refer to the information for each recipient.

WEBSITE OR E-MAIL CONTACTS

Which data do we collect on the website?

We can treat anonymously your IP, your operating system or browser, and even how long your visit lasts.

If you give us data in the contact form, you must identify yourself so we can contact you if necessary.

What are our goals when handling your personal data?

• Answering your queries, requests or petitions.
• Handling the service required, answering your request or processing your petition.
• Information about your request via electronical means.
• Commercial information, or about events, via electronical means, if there is explicit consent.
• Performing analyses and improvements on the webpage regarding our products and services. Improving our commercial strategy.

What rights do we have to handle your data?

The acceptance and consent of the concerned person: in those cases where, to make a request, it is necessary to fill in a form and click the button “Send”, this action will necessarily imply that you have been informed and have given your consent to the content of the clause annexed to the form or to the acceptance of the privacy policy.

All our forms have a symbol (*) next to the data that are compulsory. If you do not fill in those fields, or do not click the acceptance checkbox of the privacy policy, the information will not be sent. It usually contains the following sentence: “□ I am over the age of 14 and I have read and accepted the Privacy Policy”.

NEWSLETTER CONTACTS

Which data do we collect in the newsletter?

The website allows you to subscribe to our Newsletter if you give us an e-mail address.

We only store your e-mail in our database and we will then send you periodical e-mails until you request to unsubscribe.

You can always unsubscribe from any communication.

What is our goal when handling your data?

• Handling the service required.
• Information about your request via electronical means.
• Commercial information, or about events, via electronical means, if there is explicit consent.
• Performing analyses and improvements in the mailing to improve our commercial strategy.

What rights do we have to handle your data?

The acceptance and consent of the concerned person: in those cases where you subscribe to our newsletter, it is necessary to accept a checkbox and click the button “Send”. This action will necessarily imply that you have been informed and have given your explicit consent to receive our newsletter.

If you do not click the checkbox to accept the privacy policy, the information will not be sent. The message usually states: “□ I am over the age of 14 and I have read and accepted the Privacy Policy”.

CLIENTS

What is our goal when handling your personal data?

• Preparation and follow-up of the budget by means of mutual communications.
• Information about your request via electronical means.
• Commercial information, or about events, via electronical means, if there is explicit consent.
• Managing the administrative, communication and logistic services carried out by the manager.
• Invoicing and tax declaration.
• Conducting transactions.
• Administrative tasks of control and collection.

QUALITY SURVEYS

What is our goal when handling your personal data?

• Valuing the level of quality in the service.
• Improving the services offered, in accordance to ISO standard.

What rights do we have to handle your data?

The legal base is the explicit consent of the person surveyed.

CONTACTS IN SOCIAL NETWORKS

What is our goal when handling your personal data?

• Answering your queries, requests or petitions.
• Handling the service required, answering your request or processing your petition.
• Establishing a relationship with you and creating a community of followers.

What rights do we have to handle your data?

The acceptance of a legal relationship in social networks, and in accordance to their Privacy Policies:

Twitter          http://twitter.com/privacy

Linkedin        http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv

Google*        http://www.google.com/intl/es/policies/privacy/

*(Youtube)

 How long will we keep your personal data?

We can access or unsubscribe your data only in a restricted way, due to their specific profile. We will handle them as long as you let us, following us, being friends or clicking “Like”, “Follow” or similar buttons.

Any rectification of your data or restriction of information or publications must be conducted through your profile or user settings in the social network.

 

JOB APPLICANT

What is our goal when handling your personal data?

• Organising selection processes to hire new employees.
• Making an appointment with you to assess your job application.
• If you have given us consent, we can share your data with partner companies with the only purpose of helping you find a job.
• If you click the acceptance checkbox in our privacy policy, you are giving us your consent to share your job application with the entities in our corporate group, in order to include you in their staff selection processes.

Besides, after a year from the reception of your CV, it will be safely destroyed.

What rights do we have to handle your data?

The legal base is your unequivocal consent with the action of sending us your CV.

Do we include personal data from third parties?

No, as a general rule we only handle data provided by their owners. If you supply us data from third parties, you must previously inform them and request their consent or free us from any responsibility in this breach of requirement.

And data from underage people?

We do not handle data from people under the age of 14. Therefore, please abstain from supplying us your data if you are not older or data from third-parties under that age. ENVIRA SOSTENIBLE denies any responsibility in the breach of this rule.

Do we use electronical means of communication?

• Only to handle your request, if it is one of the means of contact provided by yourself.
• If we conduct commercial communications, you will have previously and explicitly authorised them.

Which security measures do we apply?

You can rest assured: we have adopted an optimal level of protection for the personal data handled, and we have installed all the technical means and measures at our disposal to avoid any loss, improper use, alteration, non-authorised access or theft of personal data.

Who are the recipients of your data?

Your data will not be shared with any third party, unless legally compelled to. In particular, your data will be shared with the State Tax Agency and with banks or financial institutions to collect the money from the service rendered or product purchased. Also with the people needed to fulfil the agreement.

In case of purchase or payment, if you choose any applications, webpage, platform, bank card or any other online service, your data will be shared with that platform or will be handled in that environment, always with the utmost security.

When ordered, the company in charge of the development and maintenance of our website or hosting. They will have signed an agreement that compels them to keep the same level of privacy as we do.

Any international data transfer that uses American applications will be subjected to the Privacy Shield agreement, which guarantees that American software companies comply with the European data protection policies about security.

What rights do you have?

• Knowing whether or not we are handling your data.
• Access to your personal data.
• Requesting a rectification if your data are wrong.
• Requesting the deletion of your data if they are no longer needed for the purposes we collected them, or if you remove your consent.
• Requesting a limitation in the treatment of your data, in some cases. We will only keep them in accordance to the laws currently in force.
• Being given your data in a format that is structured, common or mechanically readable. If you prefer, we can send them to your new provider. This is only valid in certain cases.
• Presenting a claim to the Spanish Agency for International Data Protection or another competent authority, if you think that our assistance has not been correct.
• Removing the consent to the handling of data at any moment.

If you modify any data, we would be grateful if you told us to keep them updated.

Would you like to fill in a form to demand your rights?

• We have forms for the demand of rights. Request them by e-mail or, if you prefer, use the forms of the Spanish Agency for International Data Protection.
• These forms must be electronically signed or have a copy of your DNI (Identity Card) attached.
• If you have a legal representative, you must attach a copy if their DNI (Identity Card) and they must sign it electronically.
• The forms can be submitted in person, by mail or e-mail, and must be addressed to the Manager, at the address cited at the beginning of this document.

How long will it take for us to answer your Exercise of Rights?

It will depend on the right, but a month since your request at most; two months if the matter is very complex, but we will notify you that it will take more time.

Do we use cookies?

If we use any unnecessary type of cookies, you can read our cookies policy at our website.

 How long will we keep your personal data?

• Personal data will be kept as long as you are related to us.
• Once you finish your relationship with us, personal data will be kept for the time legally established, including the period of time when a judge or court can request them for a court action.
• The data handled will be kept until the legal period of time cited above ends, if there is a legal obligation to keep them, or, if there is no such legal period, until the person concerned requests their removal or retires their consent.
• We will keep all the information and communications related to your purchase or to the service supplied for as long as the guarantee of the product or service lasts, in order to attend any possible complaint.

COMPLAINTS CHANNEL

SII Procedure

The following link provides access to the document containing the Internal Information System Procedure.

Protection of personal data – Complaints channel

a) Collection of personal data

The personal data provided through the SII will be processed by ENVIRA SOSTENIBLE, S.A. for the sole purpose of managing the communication received, as well as to carry out any investigation necessary to identify the person responsible for the SII in the event of any violation, non-compliance or unethical behaviour, as well as the regulations set out in art. 5.1. of the SII Procedure.

Without prejudice to the foregoing, the data of the Reporting Persons may be communicated to the administrative or judicial authorities, to the extent that they are required by such authorities as a result of any proceedings arising from the subject matter of the communication. Such communication of data to administrative or judicial authorities will always be made in full compliance with the legislation on personal data.

b) Access to personal data

Access to the personal data contained in the internal information system shall be limited, within the scope of their competences and functions, exclusively to

The person in charge of the system and those who directly manage it.

• The person in charge of the Human Resources Department of ENVIRA SOSTENIBLE, S.A., only when disciplinary measures may be taken against an employee.
• The person in charge of the company’s Legal Department, in the event that legal action should be taken in relation to the facts described in the notification.
• The Data Processors who may be appointed.
• The Data Protection Officer.

The processing of the data by other persons, or even their communication to third parties, shall be lawful when necessary for the adoption of corrective measures within the entity or for the management of any sanction or criminal proceedings that may be applicable.

c) Retention of personal data

The data contained in the SII and in the consultation mailbox will be treated with due confidentiality, in compliance with the legal provisions on data protection, and will be deleted within 3 months from the date of registration of the request/submission of the complaint or from the date on which the legal proceedings deriving from the same are concluded, without prejudice to compliance with any other legal deadlines that may be applicable.

Likewise, and without prejudice to the fact that judicial or police decisions may prevent it, the informant will be informed of the result of the investigations carried out.

Under no circumstances will personal data that are not necessary for the identification and investigation of the acts or omissions referred to in article 5.1 of the SII Procedure be processed and, where appropriate, deleted immediately. Likewise, any personal data that may have been communicated and that relate to conduct not included in the aforementioned article will be deleted. If the information received contains personal data included in the special categories of data, it will be deleted immediately, without recording and processing it.

The data processed may be kept in the information system only for as long as is necessary to decide whether to open an investigation into the facts reported. If it is established that all or part of the information provided is untrue, it must be deleted as soon as this fact becomes known, unless the untruthfulness may constitute a criminal offence, in which case it must be kept for the duration of the judicial proceedings.

In any case, if three months have elapsed since the receipt of the communication without any investigation having been initiated, the communication shall be deleted, unless the purpose of the storage is to leave evidence of the operation of the system. Communications that have not been processed may only be recorded in anonymous form, without the obligation to block provided for in Article 32 of Organic Law 3/2018, of 5 December, being applicable.

d) Exercise of rights

Users of the SII and the consultation mailbox have the right to access, rectify, cancel, restrict or oppose the processing of their data by sending an e-mail to the following address: Buzon Protección de Datos ENVIRA SOSTENIBLE, S.A. – DPDASTURIAS@PRODAT.ES, indicating their first name and surname, enclosing a copy of their identity card and indicating an e-mail address for notification purposes, as well as the right they wish to exercise. In the same way, you may lodge a complaint with the Spanish Data Protection Agency if you have not obtained satisfaction in the exercise of your rights.

The proper management of personal data is guaranteed by the integration of the SII and the consultation mailbox into a single IT tool.