1. User Information

1.1 Who is responsible for processing your personal data?

Hércules Trophy España S.L. is the CONTROLLER of the processing of the USER’s personal data and informs you that this data will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and Organic Law 3/2018, of December 5 (LOPDGDD).
 

2. Purpose and basis of the processing and the nature of the data provided.

Hércules Trophy España S.L. will at all times process the Data for the specific purpose of the service that the Client has contracted or for which information has been requested, and will only process the Data that is relevant to achieving that purpose. Specifically, Hércules Trophy España S.L. will process the Data in accordance with the basis and purposes indicated below:

 

2.1 For the fulfillment of contractual obligations (art. 6.1.b of the GDPR).

The data is processed to provide the requested service to our clients; to manage the business relationship with them; and to ensure the proper delivery of services, for example, by sending customer service inquiries or issuing invoices. The purposes of data processing are directly related to the contracted service.

 

2.2 For legitimate interest of the controller (art. 6.1. f of the GDPR).

Where appropriate and without unduly affecting the privacy interests or fundamental rights and freedoms of Customers, Hércules Trophy España S.L. will process the Data, in addition to the effective performance of the contract, for the purpose of satisfying legitimate interests pursued directly by Hércules Trophy España S.L. or by a third party. These legitimate interests may include:

• Sending commercial advertising communications via email, fax, SMS, MMS, social media, or any other electronic or physical means, present or future, that allows for commercial communications. These communications will be sent by the CONTROLLER and will relate to its products and services, or those of its partners or suppliers with whom it has reached a promotional agreement. In this case, third parties will never have access to personal data.
• Conducting market research and statistical analysis.
• Sending reminders about upcoming inspection deadlines and their price.
• Evaluating claims and exercising defense.
• Ensuring the IT infrastructure and environment security of Hércules Trophy España S.L.
• Carrying out risk management and regulatory compliance tasks.
• Processing orders, requests, responding to inquiries, or any other type of request made by the USER through any of the contact methods available on the CONTROLLER’s website. Send the online newsletter, about news, offers and promotions in our business.

 

2.3 As a consequence of your consent (art. 6.1. a of the GDPR).

As long as you have given us your consent to process your Data for specific purposes, such as processing your biometric signature for identification and verification of its authenticity, or your participation in prize draws or promotions organized by Hércules Trophy España S.L., this processing will be lawful based on that consent. Your consent is always optional and you may withdraw it at any time. For clarification, withdrawing your consent will not affect the lawfulness of any Data processing carried out prior to that withdrawal.

 

2.4 Due to legal provisions (Art. 6.1.c of the GDPR) or for public interest (Art. 6.1.e of the GDPR).

Likewise, we are subject to certain legal obligations, that is, legal and regulatory provisions, such as submitting the inspection results to the Directorate General of Traffic or the relevant Administration. The purposes of data processing include compliance with the control and reporting obligations stipulated in tax legislation or, in certain cases, those due to mandatory accreditation, training, and/or certification requirements.

In cases where data collection is carried out to fulfill legal or regulatory obligations of Hércules Trophy España S.L., to enter into a contract with its Clients, or is necessary for legitimate purposes, if Hércules Trophy España S.L. cannot collect such personal data, we will be unable to provide the agreed services and, therefore, fulfill our contractual obligations (in which case you will be duly informed).

 

2.5 Who has access to the Data and with whom it is shared.

The Data may be disclosed:

• To provide our services to Clients and ensure a consistent level of service.
• To third parties who need to carry out specific activities related to the Data according to the purposes of the processing, or to suppliers who provide services to Hércules Trophy España S.L., such as IT and hosting providers and subcontractors, marketing providers, debt collection agencies, or other subcontractors. In these cases, we take measures to ensure that our data security standards are met, so that the provided Data remains secure.
• To authorities, entities, and/or individuals to whom the Data must be disclosed in accordance with mandatory legal or contractual provisions. These authorities, entities, clients, and/or interested parties will act as independent data controllers.
• In other circumstances such as sales and acquisitions, to interested third-party companies when we are considering the sale or transfer of part or all of our business, provided that all contractual measures are taken to ensure that these companies meet our security standards so that the Data provided remains secure.

 

3. Categories and types of data that we collect and process.

• Contact information provided by the Customer (such as name, address, telephone number, and email addresses).
• Financial details (tax identification numbers, financial transaction data, credit or debit card information, and bank account details).
• Biometric signature information that the Customer voluntarily provides on electronic devices located at the customer service office.
• Electronic identification data such as cookies and IP addresses.
• Any other personal data collected within the framework of our business relationship with the Customer and as determined in the specific contractual terms.

3.1 How long will we keep your personal data?

Your data will be kept in paper and/or electronic format for no longer than necessary to fulfill the purpose of the processing or as required by law, in accordance with the principles of necessity, minimization, and adequacy. When it is no longer necessary for this purpose, it will be deleted with appropriate security measures to ensure the anonymization of the data or its complete destruction, respecting the principles of storage limitation and data minimization set forth in Article 5.1, paragraphs c) and e) of the GDPR.

Hércules Trophy España S.L. may retain the data after the termination of the contractual relationship to comply with regulatory, contractual, and/or tax obligations or in the event of legal claims. Subsequently, when the aforementioned reasons for processing no longer exist, the data will be anonymized, deleted, or destroyed.

 

4. What are your rights?

Any interested party may exercise the rights set forth in Articles 15 to 22 of the GDPR, which are indicated below, by sending a request through any of the contact channels mentioned above.

The rights to which the USER is entitled are:

• Access: You may obtain information regarding the processing of your Data and a copy of it.
• Erasure: You may request the erasure of your Data, to the extent permitted by law.
• Objection: You may object to the processing of your Data, for reasons relating to your particular situation. In the event of an objection to the processing of Data pursuant to Article 21 of the GDPR, Hércules Trophy España S.L. reserves the right to assess your request, which will not be accepted if there are legitimate grounds for processing that override your freedoms, interests, and rights.
• Rectification: If you believe that your Data is inaccurate or incomplete, you may request that it be corrected accordingly.
• Restriction of processing: You may request the restriction of the processing of your data.
  Withdrawal of consent: If you have given your consent for the processing of your personal data, you have the right to withdraw it at any time.
• Data portability: Where legally applicable, you have the right to receive the data you have provided to us back or to have it transferred to a third party where technically feasible.
• Right to lodge a complaint with the supervisory authority (www.aepd.es) if you believe that the processing does not comply with current regulations, as provided for in Article 77 of the GDPR.

Hércules Trophy España S.L. is committed to keeping your data accurate and up-to-date. Therefore, if your data changes, please inform us of this change as soon as possible.

Contact information to exercise your rights:

Hércules Trophy España S.L., C/ Manuel Pardo, 35 – Chalet 18, 28250 Torrelodones (Madrid), Spain. Email: info@359.es

 

5. International Data Transfers

Hércules Trophy España S.L. does not transfer data internationally outside the European Economic Area (EEA) for the provision of its services. In the event of an international data transfer, we guarantee that measures will be taken to protect the data before the transfer.

Any transfer of data to international organizations and/or countries outside the European Economic Area (EEA) will be carried out in accordance with one of the methods permitted by applicable law.

 

6. Use of Google Universal Analytics

This website may use Google Universal Analytics, a web analytics service provided by Google Inc. (“Google”). Google Universal Analytics uses “cookies,” which are text files placed on your computer, to help us analyze how you use our website. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the USA.

We have activated IP anonymization on this website, so that the IP address of users within EU member states or other member states of the European Economic Area is truncated by Google beforehand. Only in exceptional cases will the full IP address be transmitted to Google servers in the USA and truncated there. On behalf of the website provider, Google will use this information for the purpose of analyzing your use of the website, compiling reports on website activity, and providing us with other services relating to website activity and internet usage. Google will not associate the IP address transmitted by your browser within the operations of Google Universal Analytics with any other data held by Google. You can prevent cookies from being set by selecting the appropriate settings in your browser. However, please note that in this case, you may not be able to use all the functions of this website. You can also prevent Google from collecting and using data related to your use of the website generated by cookies (including your IP address) by downloading and installing the browser add-on at the following link: http://tools.google.com/dlpage./gaoptout?hl=es.

Click the following link to prevent Google Universal Analytics from collecting your data. Clicking this link will set an opt-out cookie that will prevent your data from being tracked when you visit this website in the future. Deactivate Google Universal Analytics.

For more detailed information on the terms of use and data privacy, please visit https://marketingplatform.google.com/about/analytics/terms/es/. Please note that this website uses Google Universal Analytics with the “anonymizeIp” code extension to ensure the anonymized recording of IP addresses (known as IP masking) and excludes direct personal references.

Hércules Trophy España S.L.’s subpages may use additional online tools but do not currently do so.

 

7. Security measures

In accordance with current data protection regulations, the CONTROLLER is complying with all provisions of the GDPR and the Spanish Data Protection Act (LOPDGDD) for the processing of personal data under its responsibility, and specifically with the principles described in Article 5 of the GDPR, whereby data is processed lawfully, fairly, and transparently in relation to the data subject, and is adequate, relevant, and limited to what is necessary for the purposes for which it is processed.

Hércules Trophy España S.L. guarantees that it has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR and the LOPDGDD for the protection of data against accidental, unlawful, or unauthorized destruction, loss, alteration, misuse, disclosure, or access, as well as against other unlawful forms of processing. These security measures have been implemented taking into account the state of the art, their cost of implementation, the risks involved in the processing, and the nature of the personal data, with particular caution in the case of special categories of data. Specifically, there is adequate awareness, training, and commitment to confidentiality to ensure that the Data is not shared or disclosed to unauthorized persons in order to protect the rights and freedoms of USERS, and they have been provided with the necessary information to exercise those rights.

For more information on privacy guarantees, you can contact the DATA CONTROLLER through Hércules Trophy España S.L., C/ Manuel Pardo, 35 – Chalet 18, 28250 Torrelodones (Madrid). Email: info@359.es. Hércules Trophy España S.L. applies appropriate technical and organizational measures.

 

8. Status and Updates to the Privacy Policy

This privacy policy was last updated on January 26, 2023. Hércules Trophy España S.L. reserves the right to modify it as it deems appropriate. If the privacy policy has been updated, Hércules Trophy España S.L. will take the necessary steps to inform its customers of the update through appropriate channels.

 

9. Mandatory or Optional Nature of the Information Provided by the User

By checking the corresponding boxes and entering data in the fields marked with an asterisk (*) on the contact form or download forms, USERS expressly and freely and unequivocally accept that their data is necessary for the provider to process their request. Providing data in the remaining fields is voluntary. The USER guarantees that the personal data provided to the CONTROLLER is accurate and is responsible for communicating any changes to it.

The CONTROLLER informs that all data requested through the website is mandatory, as it is necessary for providing the USER with optimal service. If all the data is not provided, the information and services provided cannot be guaranteed to be fully tailored to the USER’s needs.