This policy (hereinafter, the "Privacy Policy" or "Policy") has been in force since November 2, 2022 (the "Effective Date"). The owner of the website xzakskt.com (hereinafter, the "Website") is Eneri Cloud Sistemas Sl. (hereinafter, "the Company" or "we"), a company of Spanish nationality, with Tax ID (CIF) B88113030, and registered office at Calle de Bohemios, 11 - pta c, plt 5, Madrid, 28041, Spain. The Company is registered with the Commercial Registry of Madrid, Volume 31853, Folio 1, Section 8, Page M-573205. The Company operates in the sector of permission e-mail marketing (advertising campaigns subject to the recipient's prior consent). It is mainly engaged in direct marketing, affiliate marketing, online advertising and telemarketing. You may contact us with any questions about this Privacy Policy at dpd@enericloud.com and/or at Eneri Cloud Sistemas Sl., Calle de Bohemios, 11 - pta c, plt 5, Madrid, 28041, Spain. The content of this Privacy Policy is as follows:
1. SCOPE OF APPLICATION AND RESPONSIBILITY
2. THE COMPANY'S SERVICES
3. PERSONAL DATA COLLECTED BY THE COMPANY
4. USE OF THE DATA COLLECTED BY THE COMPANY
5. PURPOSE OF DATA PROCESSING AND LEGAL BASIS
6. TYPES OF DATA PROCESSING
7. ACCESS TO YOUR PERSONAL DATA AND INTERNATIONAL DATA TRANSFERS
8. AGE REQUIRED TO REGISTER ON THE WEBSITE AND ACCOUNT SECURITY
9. RIGHTS OF DATA SUBJECTS REGARDING THEIR DATA
10. COMMERCIAL COMMUNICATIONS
11. SECURITY AND CONFIDENTIALITY OF DATA
12. STATEMENT OF GOOD PRACTICES
13. VALIDITY OF THE PRIVACY POLICY
14. APPOINTMENT OF DPO. CONTACT US
1. SCOPE OF APPLICATION AND RESPONSIBILITY
The Company is the controller responsible for the processing of your personal data (e.g. information that identifies a person, such as their full name or email address) collected through our services, in accordance with this Privacy Policy. This Privacy Policy, like our Cookie Policy, applies to all users, both those who use our services without having registered or subscribed to any of them, and those who have registered or subscribed to one of our services. For clarification purposes, this Privacy Policy does not apply to data collected by third parties through their websites, even if any such website contains links to the Company's Website. The Company is not responsible for any content within the privacy policy of third parties, and offers no warranty, express or implied, regarding the accuracy, legality, correctness or validity of any website.
2. THE COMPANY'S SERVICES
The Website offers you the possibility of managing your user area, setting up alerts, receiving newsletters, information and advertising about the Company's and/or third parties' products and services. The aforementioned newsletters, information and advertising will be based on the areas of interest you have indicated to us, in accordance with the website's criteria and your profile. If you wish, you may also participate in different promotions, contests and sweepstakes. To use the Company's services, you must register on the Website through the registration form provided, and freely and expressly consent to the processing of your data, this Privacy Policy and our Cookie Policy. In this regard, you may select, by checking certain boxes, at least three (3) fields of interest among the options provided by the Website. Additionally, if you wish, you may accept the transfer of your anonymized data (anonymized through encryption and the use of an electronic pseudonym), so that we can combine it with other information and enrich the data. This procedure would be carried out through technical means in a completely anonymous and non-identifiable manner. The purpose of the data transfer is to combine information from different sources in order to increase information relating to areas of interest, which may have been defined directly, through browsing or other subscriptions, and to improve our advertising campaigns. All of this without prejudice to your privacy, which is guaranteed through the encryption and compartmentalization of your data.
3. PERSONAL DATA COLLECTED BY THE COMPANY
The Company collects information in order to offer you services, either directly, through personal data provided directly to the Company, or indirectly through the use of the Website and the services it provides (information related to the device, log data and physical location). In particular, the Company collects the following data from and about you:
a. Data provided by the user in order to register for a Company service, through subscription forms. The subscription forms request personal data through mandatory or optional fields that the user must complete, such as their name, telephone number and email address, so that we can manage our mailing lists and send you personalized online advertising. Subscription to the mailing lists is carried out through the Hermes and Perseo tools. The sending of emails is managed by the Company, which previously verifies your email address. To verify it, you will receive an email from the Company with the subject "Successfully registered for our exclusive offers newsletter" or similar in your inbox. We will use the data provided to send you advertising from our clients. Registration information may include, among other data, first name, last name, email address, gender, country, postal code and date of birth, areas of interest and academic/professional aspects. At any time, you may revoke your consent or inform us that you have not subscribed to any of our services, by following the instructions set out in Section 13 of this Privacy Policy.
b. Social network information. If you access or register for a Company service through a social network or connect a Company service to a social network, the data we obtain may include your user identity and/or the username you have associated with such social network, any information that you allow the social network to share with us (such as your profile picture, email address or friends lists), and any other personal data that you have made public through such social network. These social networks may collect a great deal of personal data and information, such as the web pages you have visited and your IP address, and may install cookies on your device to enable the correct functioning of the social network's services. The Company is not responsible for the security or privacy of information collected by these third parties. You should read and understand the policies applicable to the third-party services you use, or which you access, before giving your consent to such third parties. Likewise, you should configure these services in accordance with your interests. When you access our services through a social network or when you connect a Company service to a social network, you are authorizing the Company to obtain, store and use such personal data and content, in accordance with this Privacy Policy.
c. Information sent to the Company through a contact form. There is a contact form on the Website for inquiries, suggestions and/or professional matters. If you contact us through this online form, we will use your email address to respond to you and send you the information requested by you, as applicable.
d. Activity data. When you access and interact with our Services, we may obtain certain information about such actions. For example, in order to enable your connection to the Company's services, our servers receive and store information about your terminal and browser, potentially including your IP address, browser type, and other information about the software or hardware used. We may also install cookies and other tracking technologies (such as browser cookies, pixels and beacons). These technologies may be used to obtain and store information about your use of our services, for example, the pages you visit, the videos and other content you view, the searches you carry out and the advertisements shown to you. For more information, please visit our Cookie Policy.
e. Information from other sources. We may supplement the information we collect with information from other sources, such as information publicly available on social network services and commercially available sources. Your personal data will be retained for two (2) years from the date on which it was provided to the Company. We will use the data to fulfill the purposes for which it was collected. However, the retention period of your data will always be subject to a request to unsubscribe from the mailing list or blog subscription, unless there is a legitimate interest of the Company, which shall prevail over your interests, or in order to bring legal action. At the end of the retention period, your personal data will be deleted, anonymized, or aggregated.
4. USE OF THE DATA COLLECTED BY THE COMPANY
We use the personal data we collect from you and about you to:
a) Provide you with the Company's services;
b) Measure, analyze and improve our services and their features;
c) Provide you with our customer support service and respond to your inquiries;
d) Protect the rights of the Company and others, such as entities belonging to the Group or its employees, agents, contractors, licensors and suppliers; users of the Company's services or third parties; and Company suppliers;
e) Allow you to manage your browsing and alert settings;
f) Allow you to participate and subscribe, where possible, to promotions, contests and/or sweepstakes;
g) Comply with applicable laws or legal procedures and/or respond to requests from authorities or government bodies;
h) Carry out corporate transactions (e.g. merger, sale, joint venture, assignment, transfer or other disposal of all or part of the business, assets or shares of the Company, including those carried out within the framework of insolvency proceedings or other similar procedures). For example, if the Company is undergoing a process of merger or transfer of all or a substantial part of its business, the Company may communicate or transfer your personal data to the party or parties involved in such transaction, as part of said transaction;
i) Allow you to log in to the Company's services through a social network;
j) Send you (via email, SMS, telephone, multimedia messaging services, calls, chat and social networks or other means of communication) offers, promotions or other commercial communications related to services and/or products of the Company, Group entities and/or third parties operating in the sectors or areas of interest indicated by you, where applicable, as well as other sectors in which you may be interested (in accordance with the Website's criteria and/or your user profile and depending on your cookie settings in your browser). You can read our Cookie Policy here;
k) With your prior "consent", transmit or assign the data to third parties in order to carry out commercial and telemarketing practices in different sectors of activity or areas of interest in which you may be interested. Personal data may be used for the purpose of segmentation and analysis. Advertising may be sent by third-party companies. This processing is optional and applies only if you expressly agree that your data be transmitted to third parties.
The aforementioned sectors or areas of interest are the following:
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Finance
Publishing
Education
Automotive
NGO
IT
Telecommunications
Consulting
Energy
Medicine
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Textiles
Home
Hygiene
Health
Beauty and
Personal Care Products
Furniture
Food
Collecting
Music videos
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Hobbies
Office Supplies
IT
Technology
Travel
Toys
Jewelry
Drugstore and Cleaning
Insurance
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For clarification purposes, the Company will carry out permission e-mail marketing and direct marketing, telemarketing actions; will develop profiles and segmentations based on your data; and/or will combine files containing your data.
On occasion, we carry out profiling to assess certain personal aspects of a natural person, in particular to analyze or predict aspects relating to performance, personal preferences, interests, reliability, behavior, location or movements for the purpose of segmenting advertising campaigns in order to achieve their effectiveness, and thereby offer advertising that may be tailored to the user's interests.
The Company collects adequate, relevant data that is not excessive in relation to the scope and purposes indicated in this Privacy Policy.
5. PURPOSE OF DATA PROCESSING AND LEGAL BASIS
Your data is collected and processed by the Company for the following purposes:
• The data processing described in points a) to f) of Section 4 of this Privacy Policy is necessary for the provision of the Company's services. The personal data requested is mandatory, such that refusal to provide it will make it impossible to carry out the provision of the contracted services.
• The data processing described in point g) of Section 4 of this Privacy Policy is mandatory and is requested in accordance with applicable law.
• Point h) of Section 4 of this Privacy Policy is carried out on the basis of the legitimate interest of the Company and its counterparts in carrying out the aforementioned economic activities. This data processing is not mandatory and you may object to it at any time, by following the instructions set out in Section 13 of this Privacy Policy.
• Point i) of Section 4 of this Privacy Policy is discretionary, although without your consent, it is impossible to connect a social network account with the Company's services. For these purposes, without your consent, when logging in to the Company's services, you will need to use a different mechanism.
• Section 4, points j) and k), is discretionary, although without your consent, it is impossible for the Company and/or third parties to provide you with generic commercial communications about the Company's and/or third parties' services and/or products, or communications based on your interests and needs. On occasion, we proceed to segment advertising campaigns in order to achieve their effectiveness, through the development of profiling. This type of profiling is only carried out with the data that the data subject has directly provided and consented to with the company or through its website in the registration form (such as your name, telephone number and email address...), so that we can manage our mailing lists and send you personalized online advertising; under no circumstances will tracking of individuals be carried out across different websites, applications, and/or services.
• With your prior "consent", transmit or assign the data to third parties in order to carry out commercial and telemarketing practices in different sectors of activity in which you may be interested.
If you are interested in revoking your consent to the processing of your personal data or exercising your right to object to receiving commercial communications, please contact us at the addresses set out in Section 13 of this Privacy Policy or, in the case of the purposes in point i) of Section 4, click on the unsubscribe link available in any commercial communication. Please remember that, by checking the corresponding box, you are giving your free and express consent to receive advertising, the transfer of your data to third parties, as well as our Terms and Conditions, Privacy Policy and Cookie Policy. The Company, in order to carry out direct marketing actions, will enter into agreements with third parties. These third parties are suitable service providers, who operate in the sectors indicated in Section 4 of this Privacy Policy. These service providers will process the data following the precise instructions of the Company and in strict compliance with the legal regulations on personal data protection, information security and other applicable regulations. Generally, they will carry out tasks on behalf of the Company with respect to your interests in certain products or advertising campaigns, as well as for the conversion of such campaigns into purchases of products or subscriptions to services. This will require providing your data to such third parties, so that they can carry out direct marketing actions. This data processing is based on the contractual relationship existing between the Company and you, following registration and consent to the processing of data.
6. TYPES OF DATA PROCESSING
Your personal data is processed through automated and non-automated means, and is protected by appropriate security measures, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of the processing. In this regard, the Company uses appropriate administrative, technical, personnel and physical measures to protect the personal data in its possession against loss, theft and unauthorized use, disclosure or modification. Our information security policies and procedures are closely aligned with international standards, which are widely accepted and regularly reviewed and updated when necessary to meet our business needs, technological changes and regulatory requirements. The Company has designed a business continuity plan aimed at addressing any type of adverse and unexpected event, in order to safeguard the continuity of our service to our customers and protect our assets and our staff. We appropriately restrict access to personal information and implement the necessary measures and controls, including physical and supervisory measures, to store and transfer data securely. In addition, we require our employees and contractors to receive ongoing training in the area of information security. However, please note that internet security measures are not impregnable.
7. ACCESS TO YOUR PERSONAL DATA AND INTERNATIONAL DATA TRANSFERS
The Company may share your personal data with the following categories of recipients, in compliance with and within the limits established by applicable legislation:
• Third-party service providers, to whom the Company entrusts data processing activities, duly designated as data processors when required by applicable law. For example, cloud service providers, other Group entities, information technology service providers, experts, consultants and lawyers, among others. You may request a list of our data processors at the addresses set out in Section 13 of this Privacy Policy.
• Companies resulting from corporate transactions, such as possible mergers, spin-offs or other transformations.
• Partner companies. With your prior consent, the Company may share your personal data with partner companies in the media sectors indicated by you – in accordance with Sections 2 and 4 of this Policy, mainly – in order to send you commercial communications.
• Competent authorities, for the purposes of complying with applicable laws. Your personal data may be transferred to countries within and outside the European Economic Area ("EEA"). Certain countries that are not part of the EEA have been recognized by the European Commission as countries that do provide an adequate level of data protection, in accordance with EEA standards. The full list of these countries is available at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. For transfers from the EEA to countries not considered adequate by the European Commission, we have established sufficient measures and appropriate safeguards, designed to protect your personal data and the transfer of your data, all in accordance with applicable data protection regulations, such as the standard contractual clauses adopted by the European Commission, in accordance with articles 45 and 46 of the EU General Data Protection Regulation 679/2016 ("GDPR"). You have the right to request additional information about your personal data by contacting the Company at the addresses indicated in Section 13 of this Privacy Policy.
8. AGE REQUIRED TO REGISTER ON THE WEBSITE AND ACCOUNT SECURITY
Registration on the Website is limited to users over eighteen (18) years of age. An authentication mechanism does not allow the registration of (a) those who do not enter their year of birth with valid characters, which must demonstrate that you are of legal age, and (b) those who do not expressly accept that they are of legal age. By registering on the Website, you guarantee that you are of legal age. All registration information that you submit to create an account must be true, accurate, complete and up to date. You acknowledge that you will be responsible for any direct or indirect damages that may arise from any breach of this obligation. If the data provided belongs to a third party, you guarantee that you have informed such third party of the matters set out herein and have obtained their consent to provide the data to the Company for the purposes specified in this Privacy Policy. You are responsible for maintaining the confidentiality of your password and are responsible for the use of your account. Therefore, it is essential that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time. You agree to notify the Company immediately if you suspect any unauthorized use of or access to your account or password.
9. RIGHTS OF DATA SUBJECTS REGARDING THEIR DATA
Through this Privacy Policy, we inform you that you have the right to exercise your rights, free of charge and whenever you consider appropriate, in accordance with current regulations, in relation to: • Access to your own personal data; • Rectification of inaccurate or incomplete data; • Erasure of your personal data; • Objection to the processing of your data; • Obtaining restriction of the processing of your data when any of the conditions provided for in data protection regulations are met; and • Portability of your data. To exercise the aforementioned rights, you may send your request by email to dpd@enericloud.com or by written communication addressed to Eneri Cloud Sistemas Sl., Calle Barquillo, 8, 2ª izq., 28004 Madrid. Please attach a copy of your identity document to your request, in order to prove that you are the data subject. If you believe that the Company has infringed, or may have infringed, your rights under applicable data protection regulations, you may file a complaint with the corresponding Supervisory Authority. In Spain, the Supervisory Authority is the Spanish Data Protection Agency (www.aepd.es), located at Calle Jorge Juan, 6, 28001 Madrid (Spain).
10. COMMERCIAL COMMUNICATIONS
The content of communications sent by electronic means complies with the regulations established in the GDPR, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights ("LOPDGDD"), and Law 34/2002, of July 11, on information society services and electronic commerce ("LSSI"). These emails include a link to unsubscribe from our commercial communications, as well as instructions that you should follow, should you be interested in exercising your data protection rights, in accordance with Section 9 of this Privacy Policy.
11. INFORMATION SECURITY
We take all organizational and technical security measures aimed at guaranteeing the confidentiality and integrity of your personal data. In this regard, administrative, organizational, technical and physical precautions are aimed at protecting your personal data from loss, theft, misuse, unauthorized access, unauthorized transmission and any improper modification or destruction.
The data controller will take security measures adapted to the nature of the data collected. The data collected will be stored confidentially and protected with a high level of security. The servers on which this data is stored follow current security standards. They are protected against computer and physical attacks.
However, despite all our efforts, we cannot guarantee that this protection is infallible against the unavoidable risks that may arise during the transmission of personal data.
12. STATEMENT OF GOOD PRACTICES
The Company complies with current legislation, in particular the provisions of the GDPR, the LOPDGDD, the Codes of Good Practice in Data Protection and the LSSI. The Company does not send commercial communications by electronic means that have not been previously requested or authorized by the User in accordance with current legislation. The Company will terminate agreements with advertising companies or members of the affiliate network that engage in practices contrary to current legislation.
13. VALIDITY OF THE PRIVACY POLICY
The Company may modify or update this Privacy Policy for any reason (including, among others, changes in applicable laws and related interpretations, decisions, opinions and instructions related to such applicable law. Please refer to the Effective Date at the top of this Privacy Policy to check when it was last revised. Any change to the Privacy Policy will be notified, with sufficient advance notice, by publishing the updated Privacy Policy on the Website. Substantial modifications to this Privacy Policy, which alter the nature of the processing or expand our rights to use your personal data collected by us, will be notified in advance and we will give you a choice regarding our future use of such personal data, in accordance with applicable law.
14. APPOINTMENT OF DPO. CONTACT US
The company has appointed a data protection officer (DPO). If you have any questions regarding this Privacy Policy, please contact us at the following addresses:
• Email address: dpd@enericloud.com
• Postal address: Eneri Cloud Sistemas Sl., Calle de Bohemios, 11 - pta c, plt 5, Madrid, 28041, Spain.