Tam Industrial Energy S.L.

1. Purpose

The purpose of this Privacy Policy is to inform individuals (hereinafter, users or data subjects) who visit our Website (hereinafter, website, site, or web), about how we collect, process, and protect the personal data they decide to provide us through any means (forms, emails, telephone, contracts, etc.) and, after reading, freely decide whether they wish us to process them. Additionally, it will serve to expand the information we have previously provided to data subjects in the information clauses set out in the data collection processes.

Likewise, this policy aims to comply with 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) and Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights (hereinafter, LOPDGDD).

2. Who is the controller of your personal data?

3. What personal data will we collect and how do we obtain it?

For the development of our business activity, it is essential to process personal data, the collection of which can be carried out by digital means, through paper documents, or as a result of face-to-face or telephone conversations, and in any of these cases, the data will be processed fairly, lawfully, and transparently.

The categories of data that our entity will process about data subjects are:

• Identifiable data: name and surname, ID or equivalent document, image, and signature.
• Contact data: telephone, email, postal address.
• Commercial data: quotes, purchase conditions, management and history of services and/or purchases, result of contacts (telephone, email, messaging, and other communication channels).
• Accounting data: control of income and expenses, billing data.
• Bank data: bank accounts and cards.
• Transaction of goods and services: bank transfers and direct debits, amounts, and concepts.
• Curricular data: academic data, professional experience, personal characteristics, etc.
• Navigation data: analysis of time spent on our website, pages visited, demographic data (e.g., age, sex, language).

Our entity will not collect special category data (e.g., health data, ethnic origin, political opinions, or religious beliefs), but in the event that it is necessary to process them, we will inform you and request your prior and express consent.

Consequently, the requested data will be adequate, relevant, limited to what is strictly essential and necessary, processed only by personnel and/or collaborators authorized by our entity, who will have signed a confidentiality agreement and undertake to comply with the necessary security standards that guarantee the confidentiality, integrity, and availability of the processed data and other requirements legally established in the GDPR. Therefore, they will be processed legally.

The data to be processed is provided by the data subject themselves or by their legal representative, although there may be cases where we delegate some functions to certain collaborators and they are responsible for collecting their data, but they will always be processed with your prior and express consent.

In the case that a data subject does not provide the data we request or incomplete or incorrect data is provided, it will not be possible to fulfill and maintain the relationship with them.

The categories of data that we may process about a person will depend on the relationship they maintain with our entity, as shown below:

• 3.1. Clients: Identifiable, contact, commercial, accounting, banking, transaction of goods and services data will be processed, and may be collected only if the client provides them to us at the time of purchase of goods, contracting of services, when requesting pre-contractual measures or during the maintenance of the commercial relationship, whether personally, by telephone, email or through the forms available on our website, online chat, instant messaging, etc.
• 3.2. Information seekers: Whether the request for information is face-to-face, telephone, or in writing (e.g., email or web forms), we will request and/or process identifiable, contact, and commercial data.
• 3.3. Suppliers: Identifiable, contact, commercial, accounting, banking, transaction of goods and services, and financial data will be processed. These data may be processed during all stages of the commercial relationship and only if the supplier provides them to start the commercial relationship.
• 3.4. Job applicants: For this category of data subjects, curricular, identifiable, contact, and other data related to their professional or personal characteristics will be processed, which will be provided by the applicant themselves when sending us their application by any means (e.g., in person, email, web forms), they can also be collected in personnel selection interviews (face-to-face or telematic), and the job application may even reach us through a collaborator to whom we have delegated certain functions. For more information consult our Job Applicant Policy.
• 3.5. Social media users: We are present on different social networks and may process identifiable, contact, commercial, and other data that the user enables to be viewed or shared with other users of the social network, including curricular data (e.g., LinkedIn).
• 3.6. Claimants: Identifiable, contact, and personal information of their own or third parties that the claimant sends us will be processed.
• 3.7. Visitors: Identification and contact data, company for which they work if the visit is for commercial reasons, will be processed when provided by the visitor themselves when requesting access to our facilities or when their interlocutor in our entity provides them to us to allow access to them.
• 3.8. Web users: By visiting our website and only if the user expressly authorizes it, analytical data (e.g., time of visit or pages visited) and even demographic data (e.g., sex, age, country, or language) may be collected. For more information visit our Cookie Policy.
• 3.9. More information for data subjects: Information legally established in the corresponding information clauses included in the different data collection means will be made available to data subjects, so that the data subject freely and expressly decides if they want their personal data to be processed by our entity.

4. What will your data be processed for?

In general, the processing of personal data carried out by our entity aims to fulfill and maintain the relationship with the different groups of people with whom we have contact.

Depending on this relationship, the processing of your data obeys different purposes which, by way of example and not limitation, we detail below:

• 4.1. Clients: Your personal data will be processed to identify you, fulfill and maintain the pre-contractual and contractual relationship including sending commercial communications by different means, attend to queries, carry out quality controls and commercial statistics, for the provision of our services, for the sale and delivery of goods, for accounting and billing management, the transaction of goods and services, collection management, incident management, claims and exercise of rights, as well as for other purposes to which we are obliged to comply with said relationship, the laws to which we are subject or to attend to our legitimate interests.
• 4.2. Information seekers: We will process your personal data to attend to requests for information of any kind that you wish to convey to us, to identify you, for sending or delivering quotes and information about goods and/or services of your interest, including in our reply (verbal or written) commercial information related to your request. We will also make follow-up contacts, by different means to know the decisions taken regarding the commercial proposals we have sent you.
• 4.3. Job applicants: Your data will be processed to include you in our selection processes and job bank, to identify you, as well as to contact you and inform you about vacancies, coordination of interviews, and other matters related to your application. For more information consult our Job Applicant Policy.
• 4.4. Suppliers: Your personal data will be processed for the purpose of maintaining the pre-contractual and contractual relationship, fulfilling the commercial relationship whether for the request for quotes, for the purchase of goods or contracting of services, to make inquiries and identify you, for accounting management and the transaction of goods and services, as well as for other purposes necessary to comply with said relationship, with our legal obligations and legitimate interests.
• 4.5. Social media users: We will process your personal data to maintain the relationship as users of the same social network, to identify you, to contact you, share news or advertising, and process other personal data that the social network user themselves allows to share with the rest of its components.
• 4.6. Claimants: Personal data will be processed to identify you, manage your claim and contact you about its status, in addition to complying with our legal obligations and legitimate interests.
• 4.7. Visitors: Data from visits to our facilities will be processed to identify you, to comply with our obligations in terms of occupational risk prevention and for security and access control reasons.
• 4.8. Web users: By accepting the installation of cookies when visiting our website, data may be processed for different purposes (e.g., visit analysis). For more information visit our Cookie Policy.
• 4.9. More information for data subjects: Information legally established in the corresponding information clauses included in the different data collection means (e.g., forms, voice recordings, contracts, etc.) will be made available to data subjects so that you freely and expressly decide if you want the requested personal data to be processed by our entity. In this same sense, such information will be recalled in the different documents or communications that we share with data subjects (e.g., badges, invoices, legal notices, etc.).

In the event that the data subject does not provide the data we request or incomplete or erroneous data is provided, we may not be able to attend to your request for information or relate to you.

The data will not be further processed or for purposes other than those accepted by the data subjects.

The purposes motivating the processing of personal data will be duly identified in the corresponding processing activities owned by our entity.

5. Why do we process your data (legitimation)?

The processing of your personal data by our entity is carried out with one or more of the following legitimizing bases:

• a. When you offer us your express, free, informed, and unequivocal consent, after being informed at the time of collecting your data and more extensively with this privacy policy. After reading this and agreeing, you can voluntarily authorize us to process your data for one or several purposes by checking the boxes provided for this purpose in our web forms, by your verbal consent (which will require voice recording) or by signing the information clauses that we provide at any time when requesting your personal data.
• b. For the execution of a contract to which you are a party or have requested pre-contractual measures.
• c. When processing is necessary for compliance with a legal obligation applicable to our entity.
• d. When processing is necessary for the purposes of the legitimate interests pursued by our entity or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. In this regard, we inform you that our entity has carried out an analysis weighing our legitimate interests with the rights and freedoms of the data subject, always respecting their fundamental rights.

In the event that the user is under 14 years of age, it will be necessary to have the consent of parents, guardians, or legal representative to process their data. The user is solely responsible for the veracity of the data sent to us.

6. Data retention

The personal data provided will be kept as long as we maintain the relationship with the data subject and for the time necessary to fulfill the purpose for which their data has been collected.

Once said relationship has ended, we will keep them blocked in those cases where it is necessary to keep them until the limitation of liabilities for the exclusive purposes of claims or legal actions, as well as to comply with our legal obligations. For example:

7. Profiling

We do not create profiles nor will automated decisions be made using your personal data. In the event of doing so, you will be informed and prior authorization requested.

Likewise, you have the right to object to this type of processing at any time, by writing to our entity at: gestion@tamsl.com

8. Data Transfer

As a general rule, our entity does not transfer personal data to third parties without prior consent, however, it will be necessary to transfer data in the following cases:

• In the case of our clients or suppliers, their personal data may be transferred to third entities by legal obligation (e.g., Tax Agency), or in those cases and entities necessary to provide our services or pay invoices (e.g., Banking entities). In the case of delivery of goods, your data may be transferred to transport companies collaborating with our entity.
• Likewise, personal data of clients or suppliers may be processed by third parties to whom we delegate some of our obligations (e.g., accounting advisors). All of them have committed by means of a data processor contract to comply with the same security measures implemented by our entity, as well as to submit to the duty of secrecy and confidentiality regarding the personal data processed, among other obligations regarding personal data protection.
• In the case of job applicants, their data will not be transferred to third entities, unless we are legally obliged to do so.
• Regarding information seekers or users of our website, their data will not be transferred to third entities, save in the assumptions exposed previously and informed at every moment of its collection and only with your express consent, unless our legitimate interest prevails or we are legally obliged to do so, in which case your consent will not be necessary.
• In general terms we may transfer your personal data to Judges, Courts, Public Prosecutor's Office and/or competent Public Administrations before possible claims when we are obliged to do so.

9. International Data Transfer

In case of transfers to third entities located in countries outside the European Economic Area, we will inform and request the prior and express consent of the data subjects.

10. Security Measures

Our entity has implemented all the technical and organizational measures necessary to protect the personal data processed, avoiding its loss, theft, or unauthorized use.

Said measures have been created based on the type of data processed and the purposes motivating said processing. These are verified periodically in our internal controls of compliance with personal data protection regulations and through external audits.

11. Your Rights

You, as the owner of your personal data and acting on your own behalf or through your legal representative (e.g., persons under 14 years of age), can address our entity at any time and request to exercise your rights regarding personal data protection.

We explain what these rights are:

• 11.1. Right of Access: You have the right to know and request from us at any time the following information:
  • Whether or not we are processing your personal data.
  • The purposes of the processing, as well as the categories of personal data being processed.
  • The origin of your data, in case you did not provide them to us.
  • The recipients or categories of recipients to whom your personal data have been or will be communicated, including, where applicable, recipients in third countries or international organizations.
  • Information on appropriate safeguards relating to the transfer of your data to a third country or international organization, where applicable.
  • The expected retention period, or if not possible, the criteria used to determine that period.
  • If there are automated decisions, including profiling, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing.
  • Copy of your personal data undergoing processing.
• 11.2. Right to Rectification: You can request the rectification of your personal data when they are inaccurate, as well as to complete them when they are incomplete.
• 11.3. Right to Object: You can object to our processing of your data when they are incorrect or their processing is no longer necessary. In the event that you act as a reported person or person affected by a report within the framework of Law 2/2023, you may not exercise your right to object, as it is presumed (unless proven otherwise) that there are grounds legitimatizing the processing of your personal data, in accordance with the provisions of article 31.4 of the Law.
• 11.4. Right to Erasure: You can request that your data be deleted for any of these causes:
  • Your data are no longer necessary for the purposes for which they were collected or processed.
  • You have not given consent for the processing of your data.
  • When you have exercised the right to object.
  • When the data have been unlawfully processed.
  • When the data must be erased for compliance with a legal obligation.
• 11.5. Right to Restriction of Processing: You may request to exercise this right when any or several of these assumptions occur:
  • When you contest the accuracy of your data, for a period enabling the controller to verify their accuracy.
  • When the processing is unlawful and you oppose the erasure of your data and request the restriction of their use instead.
  • When the data are no longer needed for the purposes of the processing, but the data subject requires them for the establishment, exercise or defense of legal claims.
  • When you have objected to processing pursuant to Article 21(1), pending the verification whether the legitimate grounds of the controller override those of the data subject.
• 11.6. Right to Portability: Refers to the right to obtain the data related to you, in a structured, commonly used and machine-readable format, as well as to transmit them to another controller for further processing.
• 11.7. Right not to be subject to automated decisions: Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
• 11.8. How to exercise your rights: To exercise any of your rights, you must write to TAM INDUSTRIAL ENERGY, S.L., either by post to the address: C/ Tint, 6, CP 46870 Ontinyent (Valencia) or by email: gestion@tamsl.com, stating the rights you wish to exercise, accompanied by a copy of your ID or equivalent document to know who we should provide the requested information to and your contact details to send you our reply. If you act on behalf of another person, you must prove your representation.

If you wish to convey any suggestion or query regarding the processing of your personal data, you can contact our data protection consultants: BUSINESS ADAPTER, S.L. Ronda Guglielmo Marconi, 11, 26, (Parque Tecnológico) 46980 Paterna (Valencia). Data Subject Attention Form.

We inform you that you have the right to file a claim with the Spanish Data Protection Agency at: C/ Jorge Juan, 6, 28001 Madrid or at www.aepd.es.

12. Commitment to Personal Data Protection

Scope of application

Our commitment to personal data protection will be mandatory for all departments and employees of our entity, as well as those third parties acting on our behalf.

Object

We have established protocols for the processing of your personal data, in accordance with the provisions of European and Spanish data protection regulations.

Principles

We will process your data with the principles of lawfulness, fairness, transparency, data minimization, accuracy, storage limitation, integrity, confidentiality, and active responsibility.

Special category of data

Our entity prohibits the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, or data concerning sexual orientation, except in legally authorized exceptions and with the prior consent of the data subject.

Rights of data subjects

Our entity will attend and respond as quickly and diligently as possible to your requests to exercise rights.

Register of Activities, Impact Assessment and Security Measures

Our entity will carry out a register of processing activities and analyze the purposes of the processing, categories of data subjects and data, recipients, international transfers, retention periods, etc., to assess the risks of processing and implement the necessary security measures to guarantee the confidentiality, integrity, and availability of personal data.

Likewise, in each processing activity, the need to carry out an Impact Assessment and determine if there is an obligation to appoint a Data Protection Officer has been analyzed, establishing if necessary that the person appointed to this position meets sufficient knowledge and experience in accordance with current regulations.

Control

We have external help that advises us on this matter, monitoring all publications made by competent control bodies and other European and Spanish entities related to data protection regulations, in order to comply with this regulation at all times.

13. Update of this Policy

Our entity reserves the right to modify this Policy without prior notice. Therefore, we recommend consulting it every time you visit our website.

Text updated on October 29, 2024.