Legal Notice
This text regulates the conditions of use and navigation, through this website, as well as its different sub-websites (hereinafter, the “Website”), owned by Esasolar Energy System S.L.
The access and/or use of the Website implies the full and unreserved acceptance of these conditions that we kindly ask you to read carefully. If you do not agree to the terms of use, do not access or use this website.
The owner reserves the right to carry out at any time and without prior notice, any modification of the website, or modify, as well, the content of this Legal Notice and the conditions of access and / or use. The access of the user after any modification implies the full acceptance and without any reservations of the changes made.
1.- Ownership of the Website and conditions of use
1.1 Ownership
Esasolar Energy System S.L. (hereinafter “Esasolar”) is the owner of the domain, domiciled in Madrid (Spain) at Paseo de la Castellana, 101 – C.P. 28046, with CIF B90073917, registered in the Commercial Registry of Madrid at volume 36698, page 130 and the following, section 8, page M-657808.
You can contact us through the form on our Website or, otherwise, through the following e-mail address: comunicacion@esasolar.com .
1.2 Mandatory conditions of use
The purpose of the Website is to offer the User information about the services of Esasolar.
The access by the User to the information provided or to any service that, where appropriate, could be made available through the Website or other sites redirected to said Website (as well as, where appropriate, the profiles on social networks). owned by Esasolar) is subject to this legal notice and conditions of use of the Website (hereinafter, the “Terms of Use”). Consequently, the use of the Website (as well as, where appropriate, the profiles on social networks owned by Esasolar), its contents -understood as any content- including, but not limited to: texts, graphics, designs, drawings, audiovisual content, codes, software, photographs, videos, sounds, music, databases, images, expressions and information, as well as any other creation protected by national laws and by international treaties on intellectual and industrial property accessible through the Website – (hereinafter, the “Contents”) and its services (hereinafter, the “Services”) is subject to these Conditions of Use.
The access and/or use of the Website attributes the condition of user (hereinafter, the “User”) and implies the express and unreserved acceptance of these conditions that we ask you to read carefully. If you do not agree to the terms of use, do not access or use this Website. Esasolar Energy System S.L., owner of the Website, also reserves the right to carry out at any time and without prior notice, any modification of the Website or of these general conditions, as well as its conditions of access and/or use. The access of the user to the Website after any modification implies the full acceptance of the changes made.
Certain services, content or tools offered through the Website (or through profiles on social networks) may be subject to particular conditions.
2.- Access to the Website and use
2.1 Proper use
Access to the Contents and use of the Website (and, where appropriate, profiles on social networks owned by Esasolar) is, in general, free of charge. If the access or enjoyment of certain contents or services requires any payment, the User will be informed in advance.
The user accesses the website under his sole responsibility. Generally, to access and use the Website, you must be over eighteen years of age. If you are a minor, to use this Website and access its contents, you must have the consent of your parents, guardians, or legal representatives.
Esasolar is not responsible for any liquidated damages that may arise from the use of the information on this Website, nor for any damages suffered or economic losses that, directly or indirectly, cause or may cause economic, material or data damage caused by the use of said information.
The User undertakes to make appropriate use of the contents and services that Esasolar offers or could offer through the Website, in accordance with the law, with these Conditions of Use, with the particular conditions that, where appropriate, may be applicable to certain Services and other information, regulations of use and instructions brought to your attention.
Including, but not limited to, the User agrees not to use the Website to engage in illicit, illegal activities or activities contrary to good faith and public order, as well as morality and generally accepted good customs or induce, incite or promote such activities; disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism, or that, in any way, may be contrary, belittles or violates fundamental rights or public liberties recognized constitutionally, in international treaties and in the rest of the applicable legislation; induces or may induce an unacceptable state of anxiety or fear; induce or incite to engage in practices that are dangerous, risky or harmful to physical and/or psychological health; is contrary to honor, personal and family privacy or one’s own image; constitutes illegal, misleading or unfair advertising or, in general, constitutes unfair competition; undermines the credit of Esasolar or third parties; causes damage to the physical and logical systems of Esasolar, its suppliers or third parties, introduces or spreads computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage or causes difficulties in normal operation of the Website; try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
If you become aware of the existence of any content that is illegal, contrary to the law or that could entail an infringement of intellectual and/or industrial property rights, please notify Esasolar through the following web form.
In the event that the User sends any type of information to Esasolar, declares and guarantees that he sends it freely and that said information does not infringe intellectual or industrial property rights, trade secrets or any other and that it is not confidential or harmful to third parties. The User will be responsible for providing truthful and lawful information.
2.2. Links
The purpose of the inclusion of links to access to platforms and social networks belonging to third parties, such as Facebook, Twitter, Instagram, LinkedIn, etc., is to enable the user to access the different channels that Esasolar could maintain in them, without the establishment of these applications implying the existence of any relationship between Esasolar and the owner, manufacturer or distributor of the platform in question or the acceptance and/or approval by Esasolar of its contents or services. The User expressly declares to know that when accessing platforms other than the Website, the User enters an environment not controlled by Esasolar, therefore cannot demand responsibilities derived from such access. Esasolar does not assume responsibility for the configuration of said platforms or social networks or for the content or services that the User can access through them. The information that the User provides to these platforms will be under his responsibility, without the intervention of Esasolar in said process. Likewise, Esasolar reserves the right not to follow users who begin to follow its social profile.
Taking into account the impossibility of controlling the content, information or services offered by other websites that can be accessed through links that are made available on our Website, Esasolar shall be exempt from any liability for damages of any kind that could derive from the use by the User of external websites or their contents.
The hyperlinks on external websites that allow access to the Esasolar Website will not imply in any case the existence of commercial relations with the owner of the website where the hyperlink is established, nor the acceptance by Esasolar of any content or services. Esasolar does not authorize the establishment of a link to the website from pages that contain content that is illegal, degrading, obscene and/or that contravenes the laws, public order or generally accepted social norms. The User interested to introduce links to the Esasolar Website from other websites or in profiles on social networks, will be obliged to connect this link to the Website, and may not reproduce it in any way. For the sake of clarity, frames are expressly prohibited, nor any other system that could surround the information viewed of the Website that may cause its viewing to be done through different internet addresses or together with content outside the Website, or make false or inaccurate or incorrect statements or indications about the Website (or, where appropriate, on profiles that Esasolar could manage on social networks) nor, in particular, declare or imply that Esasolar has authorized the link or that it has supervised or assumed in any way the content or services offered or posted available on other website, social network or platform on which said link is established. In any case, the website or profile on social networks in which the link to the Website is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, content contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or one’s own image or any other right, or content contrary to the regulations governing the protection of personal data; nor may the owner of the website or profile on a social network in which the link to the Website or to Esasolar profiles on social networks be established, may not profit, directly or indirectly, from the inclusion of links to the Website or to profiles on social networks of Esasolar.
The User expressly agrees to immediately inform Esasolar if he becomes aware that the activities carried out on third-party websites, platforms or social networks linked from the Website are illegal or contravene morality and/or public order.
3.- Intellectual Property
Esasolar is the owner, or has the corresponding licenses, where appropriate, over the rights for the exploitation intellectual and industrial property of the Website, including all the content offered therein (including, but not limited to: images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, access and use, etc.). The access and/or use of the Website by the User will not imply in any case the resignation, transmission, license or total or partial assignment of the above rights by Esasolar.
All intellectual and industrial property rights on the contents of the website are reserved and, in particular, the reproduction, distribution and public communication, including making them available, of all or part of the contents of this Website for commercial purposes, in any support and by any technical means, without the prior written authorization of Esasolar are expressly prohibited. The User agrees to respect the Intellectual and Industrial Property rights owned by Esasolar. The elements of the Website can be viewed and printed, copied and stored on User´s computer’s hard drive or on any other physical support as long as it is solely and exclusively for User´s personal and private use and, in no case, for the purpose of obtaining any profit. The User must refrain from deleting, modifying or manipulating copyright indications or other elements that serve to identify the rights holders, as well as any protection device or security system that installed on the Esasolar Website (and, in its case, on the corresponding profiles in social networks managed by Esasolar).
References to trademarks or trade names or other distinctive signs, whether belonging to Esasolar or third parties, implicitly prohibit their use without the consent of their legitimate owner.
4.- Website performance and security
Esasolar does not guarantee the availability and continuity of the operation of the website. Likewise, it will not be in any case responsible for any damages that may arise from the interruption in the operation of the Platform or computer failures, breakdowns, disconnections, delays or blockages caused by deficiencies or overloads around the systems or mechanisms that allow its operation, the lack of suitability of the Website for the specific needs of the Users, as well as other damages that could be caused by third parties through unauthorized interference beyond the control of Esasolar.
Although Esasolar adopts various security measures on its Website, however, the computer systems are not infallible, and the absence of viruses or other elements on the Website introduced by third parties outside Esasolar and that may cause alterations is not guaranteed. in the physical or logical systems of the users or in the documents and files stored in their systems. Esasolar will not be in any case responsible for damages that may arise from unauthorized use.
Esasolar reserves the right to suspend without prior notice access to Users who, in its opinion, fail to comply with the rules of use of the Website and to exercise the corresponding legal measures, without thereby generating any right to compensation in favor of the User who could be directly or indirectly affected.
Privacy Policy
5.- Privacy and data protection policy
The simple fact of visiting the Website and browsing its different sections does not require you to provide any personal data or to register as a User. However, certain services require Users to register by providing certain personal data. Likewise, we remind you that cookies may be installed on your access device in accordance with the provisions of our Cookies Policy.
5.1 Summary of the privacy and data protection policy
Kindly find below an overview of how your personal data will be processed although we ask you to read carefully the rest of our privacy and data protection policy
| Responsable for data processing | ESASOLAR ENERGY SYSTEM S.L., with registered office in Madrid (Spain), Paseo de la Castellana, 101, 1º C.P. 28046, CIF B 90073917 |
| Purpose of data processing | Management of the website; communications and customer service; Management and resolution of complaints, claims and queries; Social media management; Treatment of browsing data in accordance with the Cookies Policy. |
| To whom can the data be communicated? | To the companies owned by Esasolar Energy System S.L. and, in compliance with legal obligations, to security forces and bodies, Judges and Courts, and to other entities or public administrations when the law so determines. |
| For how long personal data will be kept? | The data will be kept for the time necessary to fulfill the purpose for which they were collected and as long as responsibilities that may arise in relation to said data. |
| What rights do you have as a User? | You can contact Esasolar Energy System S.L. and request the exercise of your rights, which may consist of access to your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary, request the limitation of treatment, data portability, the right of opposition or the withdrawal of consent, at the following postal address: Paseo de la Castellana, 101, 1º C.P. 28046 Madrid (Spain). You can also exercise your rights through our web form or by sending an email to the following address: comunicacion@esasolar.com. |
| Additional Information | Please read carefully the detailed information about our Privacy Policy that you can find below |
5.2 Privacy Policy
In accordance with Regulation (EU) 2016/679 of the Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of their personal data and the free circulation of these (GDPR), the Spanish “Ley Orgánica” 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights, and the rest of the applicable regulations, the data that you voluntarily provide, will be processed by Esasolar Energy System S.L. (hereinafter “Esasolar”), for that reason we inform you below about our privacy and data protection policy. Access and/or use of this Esasolar Website implies acceptance of the privacy policy, which we ask you to read carefully, as well as our cookie policy, which you can consult at the following link: Cookies. If you do not agree with the conditions, please do not access or use this Website.
5.2.1 Responsible for data processing
The responsible for personal data processing is Esasolar Energy System S.L. (hereinafter “Esasolar”) owner of the Website, with address at Paseo de la Castellana, 101, 1º C.P. 28046 Madrid (Spain), with CIF B90073917. For any question related to data protection processed by Esasolar, you can contact us through our form or by sending an email to the following address: comunicacion@esasolar.com
5.2.2 Data and information that we collect
The processing of personal data (identification and contact) that you may have provided us, is intended to process your request in order to provide you with the information you request, as well as to manage your request. We will ask you at least for your name, and your email address. In addition, depending on the inquiry, we may ask you for your address, telephone number, location, as well as any preferences or special needs you may have in connection with your inquiry.
In the event that you provide us with third-party data, it is the responsibility of the User, at the time of providing said data, to ensure that owners of data have given their consent to provide those data to us and have understood and accepted our privacy policy.
By using the Website we may automatically collect data related to your use of the Web, such as your IP address, unique identification devices, location, time zone, as well as other data collected through cookies, as described collected in the Cookies Policy. Please consult our Cookies Policy published on the Website for more information.
We may also receive information through our collaborators and suppliers that we will combine with the data that you have provided or provide to us for the administration and management of your query or requirement.
If you do not fill in the questions marked with an asterisk, Esasolar will not be able to accept and manage your query or the service requested.
5.2.3. Purposes of data processing
The data provided as indicated in the previous section will be processed by Esasolar for the following purposes:
- In general, communication with the User, by e-mail, telephone, through text messages or by any other means that you have provided us to respond to, and manage your requests or questions related to your query.
- Provide customer service.
- In case of creating an account or a profile on our Website, we will use the data you provide us for the management of said User and its setting.
- Communicate, if necessary, to the public authorities, the corresponding data by legal obligation or by judicial requirement.
- Manage and respond to possible complaints and claims that may be filed.
- Offer products and services, if authorized.
- Carry out market researchs or find out the opinion of Users for purposes of quality and improvement of services.
5.2.4. Legitimation of data processing
Legitimation of data processing regarding data obtained through the Website, as well as those provided through a form, is the legal relationship and, in the case of commercial communications, the consent.
In relation to the data that Esasolar may, where appropriate, process through social networks, legitimation will be the consent of the User, manifested when interacting with us through social networks.
You should take into account that the information you publish or disclose through social networks becomes public information that will be available to other users in general. We therefore recommend to be especially careful about the disclosure of personal information on these sites. The collection of this data and information is governed by the privacy policies of the corresponding social networks, which we recommend you reading carefully.
The legitimizing basis in case of interacting with Esasolar through WhatsApp or other similar means will be your consent, freely granted when using the social network and establishing a legal relationship.
5.2.5 Conservation period
We will keep the personal data that you have provided for the periods established by law and in accordance with the criteria and periods detailed below.
In relation to the information that you have provided us through the Website when registering, where appropriate, as a User, it will remain in our databases as long as you do not request the deletion of your data. If you request the deletion, we will proceed to block them in our databases, leaving said information at the exclusive disposal of the Courts or other competent Public Administrations in accordance with current regulations and, in particular, for the data protection authorities, in the case of possible responsibilities, and to respond to possible claims to Esasolar. The information will remain blocked for a maximum period of 5 years from the date of cancellation as a User.
The information published on Esasolar’s social profiles will remain as long as the User does not decide to delete it.
The information related to the acceptance or consent will be kept while you are a Registered User of the Website and will be blocked for 5 years from the moment you unsubscribe as a registered User or cease the legal relationship that may exist, in order to be able to prove compliance with legal obligations before the Data Protection authorities.
In the event that you assigns to Esasolar exploitation rights of contents of which you were the owner, Esasolar may keep the information that allows to prove the legitimate assignment of those rights until they become public domain.
5.2.6 Data shared with third parties
In some circumstances your personal data will be shared with third parties, which may be: customer service, marketing; external service providers for the management of the services offered or your queries; competent authorities and judges and courts in case of legal obligation; where appropriate, other companies owned by Esasolar.
In cases where your data is transferred to external service providers, if the countries in which they are located do not have laws that provide the same level of protection as that established in the European Economic Area, we establish with said providers Standard Contractual Clauses approved by the European Commission, examining the countries to which the data may be transferred and imposing specific technical and organizational security measures to ensure that European regulations on privacy and data protection are complied with.
5.2.7 Data protection rights and how to exercise them
You can exercise your data protection rights before Esasolar Energy System S.L. at the following postal address: Madrid (Spain) at Paseo de la Castellana, 101, 1º C.P. 28046; or by sending an email to the following address: comunicacion@esasolar.com.
You can exercise your legal rights regarding protection of personal data, which are detailed below:
- a) Right of access: with the right of access, the interested parties will be provided with a copy of the personal data that is available together with the purpose for which they have been collected, the identity of the recipients of the data, the conservation periods provided or the criteria used to determine it, the existence of the right to request the rectification or deletion of personal data as well as the limitation or opposition to its treatment, the right to file a claim with the Spanish Agency for Data Protection and if the data have not been obtained from the interested party, any information available on its origin. The right to obtain a copy of the data cannot negatively affect the rights and freedoms of other interested parties.
- b) Right of rectification: In the right of rectification, the data of the interested parties that are inaccurate or incomplete will be modified according to the purposes of the treatment. The interested party must indicate in the request what data it refers to and the correction that must be made, providing, when necessary, supporting documentation of the inaccuracy or incompleteness of the data being processed.
- c) Right of deletion: In the right of deletion, the data of the interested parties will be deleted when they express their refusal to process and there is no legal basis that prevents it, they are not necessary in relation to the purposes for which they were collected, they withdraw the consent given and there is no other legal basis that legitimizes the treatment or it is illegal. If the deletion derives from the exercise of the interested party’s right to oppose the processing of their data for marketing purposes, the identifying data of the interested party may be kept in order to prevent future processing.
- d) Right of opposition: In the right of opposition, when the interested parties express their refusal to the processing of their personal data by the responsible for data processing, the latter will stop processing them as long as there is no legal obligation that may prevents it. When the treatment is based on a reason of public interest or in the legitimate interest of the responsible for data processing, before a request to exercise the right of opposition, the responsible for data processing will stop processing the data unless compelling reasons are proven that prevail over the interests, rights and freedoms of the interested party or are necessary for the formulation, exercise or defense of claims. If the interested party objects to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
- e) Right of portability: In the right of portability, if the treatment is carried out by automated means and is based on consent or is carried out within a contract basis, the interested parties may request to receive a copy of their personal data in a structured format commonly used and mechanical reading. Likewise, they have the right to request that they be transmitted directly to the responsible for data processing, whose identity must be communicated, when technically possible.
- f) Right to limit treatment: In the right to limit treatment, interested parties may request the suspension of the processing of their data to challenge its accuracy while the responsible for data processing will carry out the necessary verifications or in the event that the treatment is carried out on the basis of to the legitimate interest of the responsible for data protection or in fulfillment of a mission of public interest, while it is verified if these reasons prevail over the interests, rights and freedoms of the interested party. The interested party can also request the conservation of the data if they consider that the treatment is illegal and, instead of deletion, request the limitation of the treatment, or if the responsible for data processing for the purposes for which they were collected does not already need them, the interested party nor them for the formulation, exercise or defense of claims. The circumstance that the processing of the data of the interested party is limited must be clearly stated in the systems of the person in charge.
If the request is not processed, the person responsible for the treatment will inform you, without delay and no later than one month after receiving it, of the reasons for not acting and of the possibility of filing a claim with the Spanish Agency for Data Protection and to exercise the rest of legal actions.
