PRIVACY POLICY

ESNOVA RACKS S.A., in application of current regulations on the protection of personal data, informs that the personal data that is collected through the forms on the Website: https://esnova.com/es/, is included in the specific automated files of users of the services of ESNOVA RACKS S.A.

The collection and automatic processing of personal data is intended to maintain the business relationship and the performance of information, training, advice and other activities of ESNOVA RACKS S.A.

These data will only be transferred to those entities for whom it is necessary for the sole purpose of complying with the aforementioned objective.

ESNOVA RACKS S.A. adopts the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and, repealing the old LOPD, the new Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights (OLDPGDR).

The user may, at any time, exercise the rights of access, opposition, rectification, cancellation, limitation and portability, as recognised in the aforementioned Regulation (EU). These rights can be exercised by the user by sending an email to: isabel.noval@esnova.es or mailing the address: C/ Ataulfo Friera Tarfe, 5, C.P. 33211 – Gijón (Asturias).

The user declares that all the data that they provide is true and correct, and undertakes to keep it updated, notifying ESNOVA RACKS S.A.

Purpose of processing personal data:

Why do we process your personal data?

ESNOVA RACKS S.A. will process your personal data collected through the website: https://esnova.com/es/, for the following purposes:

  1. To provide its services according to the particular needs of the clients, in order to comply with the contracts that they enter into.
  2. To send commercial information and newsletters about new services offered on the web and in the sector.
  3. To send promotional information electronically.
  4. To provide the information requested by the user through the different forms on the website.
  5. To carry out profiling of job applicants with the consent of the data subject, based on automated processing and aimed at assessing the personal aspects specified in the CV provided by the data subject.

We remind you that you can oppose the sending of commercial communications by any means and at any time, by sending an email to the address indicated above.

The fields in these records must be filled in, it being impossible to carry out the purposes expressed if these data are not provided.

How long are the personal data collected kept?

The personal data provided will be kept as long as the commercial relationship is maintained, or if you do not request its deletion, and during the period for which legal responsibilities may arise for the services provided.

Legitimation:

The processing of your data is carried out on the following legal bases, which give it legitimacy:

  1. The request for information and/or the hiring of the services of ESNOVA RACKS S.A., the terms and conditions of which will be made available to you in all cases, prior to entering into any contracts.
  2. The free, specific, informed and unequivocal consent, whereby we make this privacy policy available, which after reading, if you agree, you can accept by way of a statement, or a clear affirmative action, such as ticking a box provided for that purpose.

If you do not provide us with your data or if you do so in an incorrect or incomplete manner, we will not be able to process your request and it will not be possible to provide you with the information requested or to carry out the contracting of the services.

Recipients:

The data will not be communicated to any third party outside ESNOVA RACKS S.A., unless legally obliged to do so.

International transfers

Countries outside the European Economic Area (EEA) do not always offer the same levels of protection for your personal information and European law prohibits the transfer of personal information outside the EEA unless the transfer meets certain requirements.

To this end, criteria and actions have been established in terms of contractual clauses and measures to provide maximum security for the processing of personal data:

– To carry out our work, we work on all continents: Asia, Antarctica, Europe, Africa, Oceania and the Americas.

If you need more information about the specific mechanism we use to transfer your data outside the EEA, you can contact us by email at info@esnova.com

Data collected by users of the services

In cases where the user includes files with personal data in the shared hosting servers, ESNOVA RACKS S.A. will not be responsible for the user’s failure to comply with the GDPR.

Intellectual property rights https://esnova.com/es/

ESNOVA RACKS S.A. is the owner of all copyrights, intellectual and industrial property rights, know-how and any other rights related to the contents of the website https://esnova.com/es/ and the services offered therein, as well as the programs necessary for their implementation and related information.

No reproduction, publication and/or non-private use of the contents, whether total or partial, of the https://esnova.com/es/ website is allowed without prior written consent.

Intellectual property of the software

The user must respect the third-party programs made available by ESNOVA RACKS S.A., even if they are free and/or publicly available.

ESNOVA RACKS S.A. has the necessary exploitation and intellectual property rights to the software.

The user does not acquire any right or licence for the contracted service, on the software necessary for the provision of the service, nor on the technical information for monitoring the service, except for the rights and licences necessary for the performance of the contracted services, and only for the duration of the service agreement.

For any action beyond the fulfilment of the contract, the user will require written authorisation from ESNOVA RACKS S.A., it being prohibited for the user to access, modify, display the configuration, structure and files of the servers owned by ESNOVA RACKS S.A., assuming the civil and criminal liability arising from any incident that may occur in the servers and security systems as a direct result of a negligent or malicious action on the part of the user.

Intellectual property of the hosted content

Any use of the service that is contrary to the legislation on the intellectual property of the services provided by ESNOVA RACKS S.A., is prohibited, in particular:

  1. Use that is contrary to Spanish law or infringes the rights of third parties.
  2. The publication or transmission of any content that, in the opinion of ESNOVA RACKS S.A., is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
  3. Cracks, program serial numbers or any other content that infringes on the intellectual property rights of others.
  4. The collection and/or use of personal data from other users without their express consent or in contravention of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
  5. The use of the domain’s mail server and email addresses for sending bulk spam.

The user is fully responsible for the content of their website, the information transmitted and stored, the hypertext links, the claims of third parties and the legal actions regarding intellectual property, rights of third parties and protection of minors.

The user is responsible for compliance with the laws and regulations in force and the rules concerning the operation of the online service, e-commerce, copyright, maintenance of public order, as well as universal principles of Internet use.

The user shall indemnify ESNOVA RACKS S.A. for any expenses incurred as a result of any indictment of ESNOVA RACKS S.A. in any case for which the user is liable, including legal fees and expenses, even in the event of a court decision that is not final.

Protection of hosted information

ESNOVA RACKS S.A. makes backup copies of the content hosted on its servers, however it is not responsible for the loss or accidental deletion of data by users. Similarly, it does not guarantee the total replacement of data deleted by users, as such data may have been deleted and/or modified during the period of time since the last backup.

The services offered, except for specific backup services, do not include the replacement of the contents kept in the backups made by ESNOVA RACKS S.A., when this loss is attributable to the user; in this case, a fee will be determined according to the complexity and volume of the recovery, with the user’s prior acceptance at all times.

The replacement of deleted data is only included in the price of the service when the loss of the content is due to causes attributable to ESNOVA RACKS S.A.

Commercial communications

In application of the LSSI. ESNOVA RACKS S.A. will not send advertising or promotional communications by e-mail, or other equivalent electronic communication means, that have not been previously requested or expressly authorised by its recipients.

In the case of users with whom there is a prior contractual relationship, ESNOVA RACKS S.A. is authorised to send commercial communications regarding its products or services which are similar to those initially contracted with the client.

In any case, the user, after proving their identity, may request that no further commercial information be sent to them through the Customer Service channels.

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