Through this notice, “Smarting Engineering, SL” (hereinafter “Smarting”), informs users of the www.smarting.es Website, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (General Data Protection Regulation) and Organic Law 3/18 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights and other applicable regulations,  of its personal data protection policy for the purpose of them deciding expressly, freely and voluntarily, to provide “Smarting” with the personal data that are requested by the request for information or for the contracting of the various services offered in the field of computer science and engineering applied to the transport sectors,  logistics, industry, services and new technologies.

Unless specifically stated otherwise, it is considered necessary to complete all the data required in the form or similar form in a true, accurate, complete and updated manner. Otherwise, “Smarting” may, depending on the case, not register the user, or deny the specific service requested. All the data provided by the user/interested party will be processed in accordance with the characteristics detailed below.

Information regarding the processing of personal data

Identification of the person responsible: “Smarting Engineering, SL”, with address at C/Ignasi Iglesias, 17, 08940 in Cornellà de Llobregat (Barcelona), with NIF number: B65842924, registered in the Mercantile Registry of Barcelona in Volume 43309, Folio 84, Page B 424251, Entry 1. Contact email info@smarting.es.

Identification of the Data Protection Officer: For all questions related to personal data, such as queries, requests, suggestions, etc., you can contact the Data Protection Officer designated by “Smarting” through the following email info@smarting.es [indicate if there is name, telephone number or more contact details].

Purpose of processing:

All the data provided will be processed for the following purposes:

• Respond to the requests made by the interested party.
• Maintenance of the relationship that may be established.
• Management, administration, information, provision and improvement of the services that are decided to be contracted.
• Commercial communications related to our products and services.

The personal data provided will be kept for as long as the commercial relationship is maintained, the interested party does not request its deletion or is necessary for the purposes of the processing. The data will not be destroyed when there is a legal provision that requires its conservation, in which case the data will be blocked, and will be kept only at the disposal of the Public Administrations, Judges and Courts, for the attention of the possible liabilities arising from the processing, during the limitation period of these.

No automated decisions, including profiling, are currently made on the basis of your personal data. In the event that such automated decisions are to be made in the future, prior consent will be obtained.

Legitimacy of processing:

Any processing carried out on your personal data has been previously and expressly consented to by you. In advance, you are informed of all the points required by law so that you can give informed consent.

You may revoke this consent at any time as detailed below in this document.

Data recipients, assignments and transfers:

Your data will not be transferred to third parties, except when it is essential for the provision of the service or legal obligation.

Likewise, your data will not be transferred to countries outside the European Union unless it is essential for the fulfilment of the purposes and you expressly authorise us in advance.

Rights of data subjects:

You may exercise the rights detailed below at any time, by post to “Smarting”, C/Ignasi Iglesias, 17, 08940 de Cornellà de Llobregat (Barcelona); or by email to info@smarting.es. The application must contain name, surnames and documentation proving the identity of the interested party or their legal representative, as well as a document accrediting the representation, a request in which the application is specified, address for the purposes of notifications, date and signature of the applicant and documents accrediting the request made. If the application does not meet the specified requirements, it will be required to be corrected.

The rights of the interested parties are: access, rectification, limitation, portability, opposition and deletion; and its definition is:

Right of access:

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her is being processed and, in such a case, the right of access to the personal data and the following information:

a) the purposes of the processing

b) the categories of personal data processed

c) the recipients or categories of recipients to whom the personal data were or will be disclosed, in particular recipients in third parties or international organisations

d) if possible, the expected period of retention of the personal data or, if this is not possible, the criteria used to determine this period

e) the existence of the right to request from the controller the rectification or deletion of personal data or the restriction of the processing of personal data relating to the data subject, or to object to such processing

(f) the right to lodge a complaint with a supervisory authority

g) where the personal data have not been obtained from the data subject, any available information on their origin

(h) the existence of automated decisions, including profiling, referred to in Article 22(1) and (4) and, at least in such cases, meaningful information on the logic applied, as well as the significance and expected consequences of such processing for the data subject.

Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards under Article 46 relating to the transfer. The data controller will provide a copy of the personal data being processed. The responsible party may receive a reasonable fee for any other copy requested by the interested party based on administrative costs. Where the data subject submits the request by electronic means, and unless the data subject requests that it be provided otherwise, the information shall be provided in a commonly used electronic format.

Right of rectification:

The data subject shall have the right to obtain without undue delay from the Data Controller the rectification of inaccurate personal data concerning him/her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of an additional statement.

Right to erasure:

The data subject shall have the right to obtain without undue delay from the data controller the deletion of the personal data concerning him/her, who shall be obliged to delete the personal data without undue delay when any of the following circumstances occur:

a) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed

(b) the data subject withdraws the consent on which the processing is based in accordance with Article 6(1)(a) or Article 9(2)(a) and the consent is not based on another legal basis

(c) the data subject objects to the processing in accordance with Article 21(1) and no other legitimate grounds for the processing prevail, or the data subject objects to the processing in accordance with Article 21(2)

d) the personal data have been processed unlawfully

e) the personal data must be erased in order to comply with a legal obligation laid down in Union or Member State law that applies to the controller

(f) the personal data have been obtained in connection with the provision of information society services referred to in Article 8(1)

When the controller has made public the personal data for which the data subject has exercised his or her right to erasure, the controller must adopt, taking into account the available technology and the cost of its application, reasonable measures to communicate to the third parties who are processing that information of the request for deletion of the data, as well as any link to that data or to any copy or replica thereof.

This right will be limited by other rights such as the right to freedom of expression and information, by compliance with a legal obligation, or when there are reasons of public interest.

Right to restriction of processing:

The data subject shall have the right to obtain from the data controller the restriction of the processing of the data when any of the following conditions are met:

a) the data subject contests the accuracy of the personal data, for a period that allows the controller to verify the accuracy of the same

b) the processing is unlawful and the data subject opposes the erasure of the personal data and instead requests the limitation of its use

c) the data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise or defence of claims

(d) the data subject has objected to the processing pursuant to Article 21(1) while it is verified whether the legitimate grounds of the controller prevail over those of the data subject

Where the processing of personal data has been restricted pursuant to paragraph 1, such data may only be processed, with the exception of their retention, with the consent of the data subject or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a particular Member State.

Any data subject who has obtained the restriction of processing in accordance with paragraph 1 shall be informed by the controller before the restriction is lifted.

Right to object:

The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her on the basis of Article 6(1)(e) or (f), including profiling on the basis of those provisions.

The controller will cease to process the personal data, unless it can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

Where the processing of personal data is for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data concerning him/her, including profiling insofar as it is related to such marketing.

When the data subject objects to the processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

Where personal data are processed for the purposes of scientific or historical research or statistical purposes in accordance with Article 89(1), the data subject shall have the right, for reasons relating to his or her particular situation, to object to the processing of personal data concerning him/her, unless this is necessary for the performance of a task carried out for reasons of public interest.

Right to data portability:

The data subject shall have the right to receive the personal data concerning him/her, which he/she has provided to a controller, in a structured, commonly used and machine-readable format, and to transmit them to another controller without being prevented from doing so by the controller to whom they were provided, when:

(a) the processing is based on consent in accordance with Article 6(1)(a) or Article 9(2)(a) or on a contract in accordance with Article 6(1)(b), and

(b) the processing is carried out by automated means.

2.Al exercising his/her right to data portability in accordance with paragraph 1, the data subject shall have the right to have personal data transmitted directly from controller to controller where technically feasible.

The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. Such a right shall not apply to processing which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

The controller shall communicate any rectification or erasure of personal data or restriction of processing made pursuant to Articles 16, 17(1) and 18 to each recipient to whom the personal data have been disclosed, unless this is impossible or requires disproportionate effort. The controller will inform the data subject about these recipients, if the latter so requests.

Revocation of consent: The data subject, who at the time had given consent to process their personal data, may also withdraw it with equal ease. The withdrawal of consent will not entail the unlawfulness of the processing carried out previously.

The interested party shall have the right to lodge a complaint with the competent Supervisory Authority.

When the personal data are to be processed subsequently for different purposes, the controller will inform the data subject of this fact.

Security measures: The Data Controller declares that it has adopted the necessary technical and organisational measures to guarantee the security of the data and prevent its alteration, loss, processing or unauthorised access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.  whether they come from human action or from the physical or natural environment.

The www.smarting.es Website contains links to other websites that may be of interest to the interested party. “Smarting” does not assume any responsibility for these links, without any guarantee being given in compliance with appropriate privacy policies, so the interested party accesses the content of the aforementioned websites under the conditions of use set out therein and under their sole responsibility.

If you have any questions, questions or recommendations about our Privacy Policy, you can contact us by email at the following address: info@smarting.es

“Smarting Engineering, SL”

All rights reserved.