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Legal Notice

In compliance with article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), Geroca Smart Business SL (hereinafter, “Smart Business”), Responsible for this web, makes this information available to Users, to define their Conditions of Use.

In addition to the contents set out here, the specific aspects related to the protection of personal data and the privacy of the users of this website are developed in the Privacy Policy and Cookies Policy pages.

 

Identity of the Data Controller

  • Corporate Name: Geroca Smart Business SL
  • Commercial Name: Smart Business
  • CIF: B82660895
  • Registered in the Madrid Mercantile Registry: Tomo 15336, Libro 0, Folio 51, Sección 8, Hoja M2257108
  • Registered Office: C/ Arturo Soria 200, 1ºC, 28043, Madrid
  • Activity: Automation Services
  • Phone: 915563611
  • eMailcontacto@smartbusiness.es
  • Contact Form: www.smartbusiness.es/contacto
  • Domine Namewww.smartbusiness.es
  • Record of Treatments in accordance with the RGPD: Clients / Suppliers, Third Party Clients, Employees, Personnel Selection and Web Users.

 

Purpose of the Web

 The Smart Business website has the purpose of informing clients and potential clients of its products and / or services, contact information, location, etc. In addition, where appropriate, it will also have the purpose of disclosing information related to the activity sector of the Responsible.


Regulatory framework

 The activity of this website is subject to the Spanish and European legal framework, specifically to the following regulations:

  • General Data Protection Regulation (RGPD) (EU) 2016/679, which regulates the processing of personal data in the countries of the European Union.
  • Organic Law 3/2018, of December 5, on data protection and digital rights (LOPD and GDD), regional regulations (applicable to Spain), and that define and expand many of the concepts and rights present in the RGPD.
  • Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), a rule that affects those websites that, in some way, carry out economic activities through electronic means, as is the case of this web.

Conditions of Use and Responsibilities

 Any person who accesses this website assumes the role of User, committing to strict observance and compliance with the conditions set forth herein, as well as any other legal provision that may be applicable. “Smart Business” will not be responsible for damages, own or third parties, produced by the use of this website by the User.

“Smart Business” provides access to articles, information, services and data owned by you or third parties, prepared for merely informative or informative purposes, which may not reflect the current state of legislation or jurisprudence, and which refer to situations general, so its content should not necessarily be applied by the User to specific cases. The content of this website, therefore, cannot be considered, in any case, a substitute for legal advice.

“Smart Business” reserves the right to modify any type of information that may appear on the web, at any time and without prior notice, without any obligation to give prior notice or to inform the Users of said obligations, understanding the publication as sufficient on this website.

This website has been reviewed and tested to function properly without interruption. However, “Smart Business” does not rule out the possibility of certain programming errors, lack of timely availability (for example, server crashes or maintenance) or that causes of force majeure, natural catastrophes, strikes, or similar circumstances that make temporary access to the website impossible. Similarly, “Smart Business” cannot guarantee the uninterrupted or totally error-free operation of this website, nor is it responsible for viruses that originate in a telematic transmission infiltrated by third parties generated in order to obtain negative results for a computer system.

The User agrees not to use this website or, if applicable, the services or products offered on it, to carry out activities contrary to the law, public order or these conditions of use. Therefore, “Smart Business” is not responsible for the information and content stored, by way of example but not limited to, in forums, chat’s, blog generators, comments, social networks or any other means that allows third parties to publish content . However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, “Smart Business” is made available to all Users, authorities and security forces, and actively collaborating in the withdrawal or, where appropriate, blocking of all content that could affect or contravene national or international legislation, rights of third parties, or morality and public order. In the event that a User considers that there is any content on the web that could be susceptible to this classification, please notify our staff immediately.

“Smart Business” reserves the right to deny or withdraw access to the web without prior warning, at its own request or by a third party, to those Users who breach our Conditions of Use.


Intellectual property

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics are the property of “Smart Business” or, where appropriate, have license or express authorization by the authors.

All the contents of the website are duly protected by the intellectual and industrial property regulations (articles 8 and 32.1, second paragraph, of the Intellectual Property Law), as well as registered in the corresponding public registers, and reproduction is not allowed and / or publication, in whole or in part, of the website, nor its computerized processing, distribution, dissemination, modification or transformation, without the prior written permission of the same. “Smart Business” will ensure compliance with the above conditions, as well as the proper use of the content presented on its web pages, exercising all civil and criminal actions that correspond to it in the event of infringement or breach of these rights by part of the User.

The designs, logos, text and / or graphics other than “Smart Business” and that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them. In any case, “Smart Business” has the express and prior authorization from them. “Smart Business” recognizes in favor of its holders the corresponding industrial and intellectual property rights, their mere mention or appearance on the website does not imply the existence of any rights or responsibility of the Responsible for them, nor does it imply endorsement, sponsorship or recommendation. by the same.


Third party links

“Smart Business” may make links or other elements available to the User that allow access to other websites belonging to third parties. We do not market the products and / or services of said linked pages, nor do we assume any type of responsibility for them, or for the information contained in them, or their veracity or legality, or for any effects that may arise.

In any case, “Smart Business” states that it will proceed to the immediate withdrawal of any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the redirection to said website, informing from the competent authorities the content in question.


Applicable Law and Jurisdiction

The relationship between the Responsible Party and the User is governed in each and every one of its extremes by Spanish law, to which both parties expressly submit. The language of writing and interpretation of this legal notice is Spanish. For the resolution of all controversies or issues related to this website or the activities carried out therein, “Smart Business” and User agree to submit to the Courts and Tribunals of the User’s domicile.


Privacy Policy

“Smart Business” is deeply committed to complying with Spanish and European regulations for the protection of personal data, and guarantees full compliance with the obligations set forth, as well as the implementation of the security measures set forth in the General Regulations of Data Protection (RGPD) (EU) 2016/679 and in Organic Law 3/2018, of December 5, on data protection and digital rights (LOPD and GDD, hereinafter LOPD).

In accordance with these regulations, we inform that the use of our website may require that certain personal data be provided through contact forms, or by sending emails, and that these will be processed by “Smart Business”, Responsible for the treatment, whose data are:

  • Corporate Name: Geroca Smart Business SL
  • CIF: B82660895
  • Registered Office: C / Arturo Soria 200, 1ºC, 28043, Madrid
  • Telephone: 915563611
  • eMail: contacto@smartbusiness.es

Obtaining and Processing of Personal Data

A personal data is any information related to a person: name, email, address, telephone, NIF / NIE … Additionally, when a User visits our website, certain information is automatically stored for technical reasons, such as the IP address assigned by its provider Internet access.

“Smart Business”, as Responsible for the Treatment, has the duty to inform the Users of its website about the collection of personal data that can be carried out, either by sending email or by filling in the forms included in the website.

Only the precise data will be obtained to be able to carry out the contracted service, or to be able to respond adequately to the request for information made by the User. The data collected is identifying and corresponds to a reasonable minimum to carry out the activity carried out. In particular, no specially protected data is collected at any time. In no case will the data be used differently than the purpose for which it was collected.

Contact / email forms

Purpose: To respond to your request for information made through our contact form / s.

Legitimation: The legal basis that legitimizes this treatment is the consent of the User, which may be revoked at any time.

Data transfer: Personal data will be processed through servers managed by Abansys, which will be considered the Data Controller.


Minors

Only people over 14 years of age may provide personal data on this website. As required by the LOPD and GDD, in the case of minors under 14 years of age, the consent of their parents or guardians will be a mandatory condition so that we can process their personal data.

On the other hand, only people over 18 years of age may contract our services. In the case of minors under 18 years of age, the consent of their parents or legal guardians will be a mandatory condition for us to provide the services offered, unless the minor is emancipated.


Security measures

Users of the “Smart Business” website are informed that the technical, organizational and security measures within our reach have been adopted to prevent the loss, misuse, alteration, unauthorized access and theft of data, and thus guaranteeing the confidentiality, integrity and quality of the information contained therein, in accordance with the provisions of current regulations on data protection. The personal data collected in the forms are processed only by the “Smart Business” staff or the designated Data Processors.

The “Smart Business” Website also has SSL encryption, which allows the User to securely send their personal data through the contact forms on the website.


Data veracity

The User declares that all the data provided by him are true and correct and undertakes to keep them updated. The User will be liable for the veracity of their data and will be solely responsible for any conflicts or litigation that may result from their falsity. It is important that, so that we can keep the personal data updated, the User informs “Smart Business” whenever there has been any change in them.


Data transfer

“Smart Business” will not transfer or communicate your data to any third party, except in the cases provided by law or when the provision of a service implies the need for a contractual relationship with a Treatment Manager. Thus, the User accepts that some of the personal data collected be provided to these Treatment Managers (payment platforms, agency, intermediaries, etc.), when necessary for the effective performance of a contracted service or purchased product. The User also accepts that, in the event of the provision of services, these may be, totally or partially, subcontracted to other persons or companies, who will be considered Data Managers, with whom the corresponding confidentiality contract has been agreed, or adhered to their privacy policies, established in their respective web pages. The User may refuse the transfer of their data to the Treatment Managers, by written request, by any of the aforementioned means.

In addition, in those cases in which it is necessary, Customer data may be transferred to certain organizations, in compliance with a legal obligation: Spanish Tax Agency, banking entities, Labor Inspection, etc.


Exercise of User Rights

The LOPD and the RGPD grant interested parties the possibility of exercising a series of rights related to the processing of their personal data. For this, the User must go, providing documentation that proves their identity (ID or passport), by email to contacto@smartbusiness.es, or by written communication to the address that appears in our Legal Notice. Said communication must reflect the following information: name and surname of the User, the application request, the address and the supporting data.

The exercise of rights must be carried out by the User himself. However, they may be executed by a person authorized as the User’s legal representative, providing the documentation that proves said representation.

The User may request the exercise of the following rights:

Right to request access to personal data.

Right to request their rectification (in case they are incorrect) or deletion.

Right to request the limitation of their treatment, in which case they will only be kept by “Smart Business” for the exercise or defense of claims.

Right to object to treatment: “Smart Business” will stop processing your data, unless for legitimate reasons or the exercise or defense of possible claims they have to continue to be processed.

Right to data portability: in case you want your data to be processed by another company, “Smart Business” will facilitate the portability of your data in exportable format.

In the event that consent has been granted for a specific purpose, the User has the right to withdraw consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

We promise to execute all these rights within the maximum legal term (1 month).

If a User considers that there is a problem with the way “Smart Business” is handling their data, they can direct their claims to the Security Manager or to the corresponding data protection authority, being the Spanish Data Protection Agency the one indicated in the case of Spain.


Data retention
The personal data of the Users who use the contact form or who send us an email requesting information will be processed for the time strictly necessary to meet the request for information, or until the consent granted is revoked. Clients’ personal data will be processed until the contractual relationship ends. The period of conservation of personal data will be the minimum necessary, and can be kept until:
4 years: Law on Violations and Sanctions in the Social Order (obligations regarding affiliation, registration, cancellation, contributions, payment of salaries …); Arts. 66 and following General Tax Law (accounting books …)
5 years: Art. 1964 Civil Code (personal actions without special term)
6 years: Art. 30 Commercial Code (accounting books, invoices …)
10 years: Art. 25 Law on the Prevention of Money Laundering and Terrorism Financing. 
No deadline: disaggregated and anonymized data. 
In the case of treatment of candidate data (CV), “Smart Business” may keep their CV stored for a maximum of two years to incorporate it into future calls, unless the candidate states otherwise.
 
Social networks
“Smart Business” has a profile on some of the main social networks on the Internet (Facebook, LinkedIn, Instagram), recognizing in all cases Responsible for the treatment of the data of its followers, fans, subscribers, commentators and other User profiles ( hereinafter, followers) published by “Smart Business”. The purpose of data processing by “Smart Business”, when the law does not prohibit it, will be to inform its followers about its activities and offers, by any means that the social network allows, as well as to provide personalized attention service to the client. The legal basis that legitimizes this treatment will be the consent of the interested party, which may be revoked at any time. In no case will “Smart Business” extract data from social networks, unless the User’s consent is specifically and expressly obtained to do so (for example, to carry out a contest).

International data transfers

“Smart Business” uses the services of sending communications from iDrive, a company located in the United States that does not have the adequate level of protection by the European Commission. In addition, “Smart Business” makes use of US social networks such as Facebook, Twitter, Instagram, YouTube. The User, whenever appropriate, expressly and unequivocally grants his consent for the processing of his data and for the international transfer of the same to this service provider company.


Staff pick

The applicant who sends electronic communications to “Smart Business”, in order to access the personnel selection processes of the person in charge, authorizes us to analyze: the documents sent (for example, the CV), all the content that is directly accessible Through Internet search engines (for example, Google), the profiles that you maintain on professional social networks (for example, LinkedIn), the data obtained in the access tests, and the information that you reveal in the job interview; with the aim of assessing your candidacy and being able, where appropriate, to offer you a job. In the event that the candidate is not selected, “Smart Business” may keep her C.V.. for a maximum of two years, to be incorporated into future calls, unless the candidate states otherwise. The legal basis that legitimizes this treatment will be the consent of the interested party, which may be revoked at any time.


Confidentiality

The information provided by the client will, in any case, be considered confidential, without it being used for purposes other than those described here. “Smart Business” undertakes not to disclose or reveal information about the User’s claims, the reasons for the requested advice, or the duration of their relationship with the User.


Validity

This privacy and data protection policy has been drafted by ExpertosLOPD®, a data protection company, as of November 19, 2020, and may vary depending on the changes in regulations and jurisprudence that occur, being the responsibility of the data owner reading the updated document, in order to know their rights and obligations in this regard at all times.