Privacy Policy

I DATA CONTROLLER

Mostoles Industrial, S.A. (hereinafter Moinsa), with registered address at C\ Plasencia nº 49, Móstoles, Madrid, and with tax ID (NIF) A-28160711, is the data controller.

II PERSONAL DATA WE PROCESS

II 1 Source of the personal data we process

The personal data processed by Moinsa may come from the following sources:

Data provided by you (e.g. first name, surnames, national ID/DNI, telephone number, email, IBAN, etc.).
Data observed by Moinsa or generated as a result of the development, processing and maintenance of the relationship between you and Moinsa (e.g. products purchased, etc.).
Data from third parties, belonging to the public or private sector, public information or information from publicly accessible sources (e.g. information from public records, land registry, official journals and gazettes, telephone directories, lists of members of professional groups, credit information systems, social networks, real estate portals, etc.).

Generally, Moinsa will only process the data provided by you or generated as a result of the relationship between you and Moinsa. It shall only use data from any of the other indicated sources in cases where this is specified in Section III of this Policy.

II 2 Categories of the personal data we process

Moinsa may process personal data of different types, depending on the intended purpose:

Identification and contact details, such as: full name, national ID/DNI, passport or foreigner ID/NIE, email, postal address, telephone number, handwritten or electronic signature, image.
Username and password for registering and accessing Moinsa Apps or web platforms.
Economic and financial data, such as: bank account number for direct debit payments, sums owed to Moinsa.
Data on personal circumstances relating to individuals.
Data on products and services purchased, such as: types of products and services purchased, contract numbers, queries, requests and complaints made, as well as any other information associated with these contracts.
Academic and professional data, such as: education, professional activity, entity where you work, position, membership in associations, professional groups or other organisations.
Data on browsing and use of the Moinsa digital channels (when you have consented to this).

III PURPOSE OF PROCESSING, LAWFUL BASIS, RECIPIENTS AND RETENTION PERIOD

Purpose of processing:the reason why Moinsa processes your personal data.

Lawful basis:legal basis that allows Moinsa to process your personal data for each of the purposes described. If the basis is your consent, this means that your data will only be processed for this purpose when you have previously agreed to this processing by means of a declaration or a clear affirmative action. In this case you will be entitled to withdraw your consent at any time, without retroactive effect, if you wish. If the basis is legitimate interest, Moinsa will have considered the balance between the legitimate interest pursued by Moinsa and your interests or fundamental rights and freedoms, concluding that the former prevails over the latter. You can request more information on this process by contacting the Data Protection Officer through the channels indicated in this Privacy Policy. We also remind you that you have the right to object to any processing of your personal data that is based on legitimate interest, and you may exercise this right through the channels indicated in this Privacy Policy.

Retention period:third parties to whom your personal data may be disclosed, where appropriate, and the reason for this disclosure. In general, for any of the purposes described in this Section III, Moinsa must disclose your personal data to third parties to whom it is legally required to disclose said data. Furthermore, some suppliers and service providers engaged by Moinsa may also have access to your personal data, as data processors, to help it achieve the corresponding purpose of processing. These suppliers will be bound by a data processor contract, guaranteeing legal compliance with regard to personal data protection.

A. DURING THE OFFER AND PURCHASE PROCESS OF A MOINSA PRODUCT OR SERVICE

If, during the process of making an offer or quote and, where applicable, the purchase of a Moinsa product or service, you provide your personal data for this purpose, it may be processed by Moinsa for the following purposes:

Purpose of processing:

To offer you Moinsa products or services that are of interest to you.

If you have provided your data through our website to initiate a purchase, to contact you to help you complete said purchase.

Lawful bases:

To take steps at the request of the data subject prior to entering into a contract.

Consent you have provided through our online form.

Recipients:

Moinsa service providers and suppliers may also have access to your personal data, as data processors, with whom we have signed the corresponding contracts to achieve the indicated purpose. For more information, you can contact the Data Protection Officer through the channels indicated in this Privacy Policy.

Moinsa service providers and suppliers may also have access to your personal data, as data processors, with whom we have signed the corresponding contracts to achieve the indicated purpose.

Retention period:

The data you provide to us to make an offer will only be retained during this process, unless this process results in a purchase or you give us your consent to process this data for other purposes. In this case, the retention periods established in this Privacy Policy for each purpose shall apply.

Moinsa will only retain and process your data for this purpose until the first of the following occurs: (i) The time required to achieve the purpose of processing (ii) You withdraw your consent. Thereafter, a legal obligation to block data may apply.

Observations:

Sometimes, in order to make you an offer with respect to Moinsa’s products or services that are of interest to you, you might provide Moinsa with certain personal data to personalise this offer to suit your specific needs, so that you can determine whether you are interested in making the purchase.
You are entitled to withdraw your consent at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

B. AFTER BECOMING A CUSTOMER

Your personal data may be processed by Moinsa for the purposes described below, some of which will only take place if you have given your consent, which will generally have been requested at the time of purchase. Moinsa may continue processing your data for some of the purposes described herein even if you cease to be a customer, as follows from the “Retention Period” section:

Purpose of processing:

Maintenance, development and management of the contractual relationship (e.g., invoicing, customer service, processing complaints, etc.).
To send you information related to the purchased product or service, or on your contractual relationship with Moinsa (e.g., explanatory information on your invoice, etc.). These are not marketing communications.
To develop a basic profile for you for commercial purposes.

To contact you by any means, including by email or other equivalent electronic means of communication, to send you marketing communications regarding Moinsa products or services that are similar to those you have already purchased.

To manage non-payment and collection of debts (if you fail to make any payment).

To contact you to find out how satisfied you are with the service you have received or the product you have purchased, and to assess its quality.

To manage your registration as a user of the Moinsa Customer Area (when you have requested it), which will allow you to access it and make use of the features it offers.

Lawful basis

Fulfilment of the contract entered into with you.

Moinsa’s legitimate interest to inform its customers about aspects related to the products or services they have purchased, or about aspects of their contractual relationship with Moinsa. It is believed that all customers have a reasonable expectation to be informed about these aspects relating to their relationship with Moinsa.

Moinsa’s legitimate interest to
(i) get to know its customers better
(ii) improve the product offering
(iii) adapt marketing communications to the profile of each customer.
The simple or basic type of profiling performed is not believed to infringe your privacy, and is respectful of your rights or interests.

Moinsa’s legitimate interest to offer its customers other Moinsa products or services. If this communication is sent by email or other equivalent electronic means of communication, the provisions of article 21.2 of Law 34/2002, of 11 July, on information society and e-commerce services shall apply, which exempts Moinsa from obtaining your consent for sending these communications. Given the contractual relationship between you and Moinsa, it is believed that you have a reasonable expectation to receive this type of marketing communications.

Moinsa’s legitimate interest to seek ways to ensure that its contractual rights are respected, and thus collect payment of any sums owed to it.

We believe that any customer has a reasonable expectation that sums owed to Moinsa for products or services purchased will be collected from them.

Moinsa’s legitimate interest to assess the quality of the products offered and the services provided, both by Moinsa itself and by partners or third parties with whom it works in relation to these products and services, as it is essential to ensure adequate quality standards.

By using a Moinsa product or service, we believe that you have a reasonable expectation of being consulted in this regard.

Your consent to request registration as a user of the Moinsa Customer Area.

Recipients

Moreover, Moinsa service providers and suppliers may also have access to your personal data, as data processors, with whom we have signed the corresponding contracts to achieve the indicated purpose.

Retention period

Personal data will be retained for the duration of the contractual relationship for which it has been collected.

Thereafter, a legal obligation to block data may apply.

Moinsa will only retain and process your data for this purpose until the first of the following occurs:
(i) The contractual relationship between you and Moinsa ends.
(ii) You exercise your right to object to processing.

Thereafter, a legal obligation to block data may apply.

Moinsa will retain and process your data for this purpose as long as it is necessary for the purpose described.

If you fail to make any payment, Moinsa will only disclose the data to maintain it while the non-compliance persists, with a maximum limit of five years from when the financial liability becomes due. Thereafter, a legal obligation to block data may apply.

Moinsa will retain and process your data for this purpose while you are a user of the Moinsa Customer Area. Thereafter, a legal obligation to block data may apply.

Observations

Any data identified as mandatory during the purchase process is required to complete the purchase of the product/service offered, so we will not be able to manage your purchase if said data is not provided.

You can object to the processing of your data for this purpose at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

Creating a profile involves analysing your personal data to predict aspects related to your needs or preferences in relation to the type of products and services sold by Moinsa.

A basic profile allows Moinsa to analyse some very basic aspects about you (e.g., products already purchased) so that we can make commercial offers that we believe may meet your needs.

To create your basic profile, Moinsa will only use the information about you that it has as a result of the products or services you already purchased from us, such as identification and contact details, and the details of the products and services already purchased from Moinsa, excluding information relating to your private life.

To send you these marketing communications, Moinsa will use your identification and contact details. Moinsa may also use the basic profile described in the previous sections to determine the content of these marketing communications. And, in any event, you can object to the processing of your data for this purpose at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

The essential aspects of this agreement are available to you, you just need to request information from the Data Protection Officer through the channels indicated in this Privacy Policy.

The response to these surveys will always be voluntary. You can object to the processing of your data for this purpose at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

Any data that appears marked as mandatory in the corresponding registration form is required to properly manage your registration as a user, so you cannot be registered if it is not provided.

Moinsa will only use the data provided by you for this purpose during your registration for the Customer Area. You are entitled to withdraw your consent at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

Withdrawing this consent means that it will be impossible to continue being a user of the Moinsa Customer Area, preventing you from accessing it and using its functionalities.

C. POTENTIAL CUSTOMERS CONTACTED BY MOINSA

Sometimes, even though you are not a customer or have not contacted Moinsa to request any information, you might receive commercial calls from Moinsa. In this case, your data will have been provided to Moinsa by third parties, who have previously obtained your consent to send us your personal data in order to make commercial offers.

Purpose of processing:

To contact you by any means, including by email or other equivalent electronic means of communication, to send you marketing communications regarding products or services sold by Moinsa.

To manage and deal with a request, query or claim made by you to Moinsa, unrelated to a contract previously concluded with Moinsa.

To contact you by any means, including electronically, to send you marketing communications regarding Moinsa products or services.

To manage the organisation and execution, until their conclusion, of Moinsa seminars, conferences, training or entertainment activities, promotions and other events (hereinafter “Event”) for which you have registered. This may include, where applicable, issuance of the corresponding attendance certificates.

To contact you to find out how satisfied you are with the service you have received or the Event or Promotion you took part in.

Lawful basis

The consent given by you when making this request, query or claim through any of the channels provided by Moinsa for this purpose.

Your consent.

Your consent to register for the Event.

Moinsa’s legitimate interest to assess the quality of the services provided, both by Moinsa itself and by partners or third parties with whom it works in relation to these services, as it is essential to ensure adequate quality standards. By using or receiving a Moinsa service, we believe that you have a reasonable expectation of being consulted in this regard.

Recipients

Moinsa service providers and suppliers may also have access to your personal data, as data processors, with whom we have signed the corresponding contracts to achieve the indicated purpose.

Retention period

Moinsa will only retain and process your data for this purpose until the first of the following occurs:
(i) We finish processing your request or query.
(ii) You request its deletion or withdraw your consent. Thereafter, a legal obligation to block data may apply.

Moinsa will retain and process your data for this purpose until you withdraw your consent or object to the processing of your data for this purpose.

Thereafter, a legal obligation to block data may apply.

Moinsa will retain and process your data for this purpose until the first of the following occurs:
(i) The time required to achieve the purpose of processing expires.
(ii) You request its deletion or withdraw your consent.
Thereafter, a legal obligation to block data may apply.

Moinsa will only retain and process your data for this purpose until the first of the following occurs:
(i) The purpose described is completed.
(ii) You exercise your right to object to processing.
Thereafter, a legal obligation to block data may apply.

Observations

The data that will be processed by Moinsa for this purpose is the data provided by you when making the corresponding request, query or claim.

You are entitled to withdraw your consent at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

Withdrawal of this consent implies you no longer wish for your request or query to be processed.

Your data will only be processed for this purpose when you have previously given your consent, which will usually have been requested when you contacted Moinsa to make a request or enquiry. These marketing communications sent by Moinsa may refer to any Moinsa products and services. To send you these marketing communications, Moinsa will use the identification and contact details you have provided to us. If Moinsa sends you these communications electronically, it will offer the option for you to object to receiving them in the future.

And, in any event, you can withdraw your consent or object to the processing of your data for this purpose at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.
The data that will be processed by Moinsa for this purpose is the data provided by you at the time of registering for the Event.

Any data that appears marked as mandatory in the corresponding registration form is required to properly manage your participation in the Event, so you cannot be registered if it is not provided.

You are entitled to withdraw your consent at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

Withdrawing the consent provided when registering implies you no longer wish to participate in the Event.

D. PEOPLE WHO CONTACT MOINSA FOR DIFFERENT PURPOSES

Sometimes, whether you are a customer or not, you might contact Moinsa to request information, offers or quotes, make enquiries, participate in promotions and/or events organised by Moinsa, or interact or carry out other administrative procedures with Moinsa regardless of whether or not there is a prior contractual relationship with Moinsa, providing us with some of your personal data for this purpose. This data may be processed by Moinsa for the purposes described below:

Purpose of processing

you to Moinsa, unrelated to a contract previously concluded with Moinsa.

To contact you by any means, including electronically, to send you marketing communications regarding Moinsa products or services.

This may include, where applicable, issuance of the corresponding attendance certificates.

To contact you to find out how satisfied you are with the service you have received or the Event or Promotion you took part in.

Lawful basis

The consent given by you when making this request, query or claim through any of the channels provided by Moinsa for this purpose.

Your consent.

Your consent to register for the Event.

Recipients

Moinsa service providers and suppliers may also have access to your personal data, as data processors, with whom we have signed the corresponding contracts to achieve the indicated purpose.

For more information, you can contact the Data Protection Officer through the channels indicated in this Privacy Policy.

Retention period

Moinsa will retain and process your data for this purpose until you withdraw your consent or object to the processing of your data for this purpose.
Thereafter, a legal obligation to block data may apply.

Observations

The data that will be processed by Moinsa for this purpose is the data provided by you when making the corresponding request, query or claim. You are entitled to withdraw your consent at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.

Withdrawal of this consent implies you no longer wish for your request or query to be processed.

The data that will be processed by Moinsa for this purpose is the data provided by you at the time of registering for the Event.

Any data that appears marked as mandatory in the corresponding registration form is required to properly manage your participation in the Event, so you cannot be registered if it is not provided.

You are entitled to withdraw your consent at any time and free of charge, by sending your request to any of the addresses indicated in this Privacy Policy to exercise data protection rights.
Withdrawing the consent provided when registering implies you no longer wish to participate in the Event.

E. CONTACT PEOPLE AND LEGAL REPRESENTATIVES OF ENTITIES, AS WELL AS INDIVIDUAL BUSINESSPEOPLE AND INDEPENDENT PROFESSIONALS, OR REPRESENTATIVES OF HOMEOWNERS’ ASSOCIATIONS

Sometimes, Moinsa might have a professional relationship with the legal entity for which you provide your services, with the homeowners’ association you represent, or with you if you are an individual businessperson or independent professional. In these cases, Moinsa might have your contact details and, sometimes, data relating to your role or position (as a whole, the Professional Contact Data). This data may be processed by Moinsa for the purposes described below:

Purpose of processing

To maintain a professional relationship with (as applicable):
(i) The legal entity for which you provide your services.
(ii) You, as an individual businessperson or independent professional.

To manage non-payment and collection of debts (if you fail to make any payment as an individual businessperson or independent professional).
To assess the quality of the service provided when you contact Moinsa, or when Moinsa contacts you.

To manage requests submitted by you to exercise your individual rights in terms of personal data protection.

To comply with legal obligations imposed by the regulations applicable to Moinsa.

Lawful basis

Moinsa’s legitimate interest to assess the quality of the service provided, both by Moinsa and by its partner companies, when there is contact with Moinsa in relation to any of the purposes described in this Policy, as it is essential to ensure adequate quality standards. By receiving a Moinsa service, we believe that you have a reasonable expectation of the quality thereof being assessed.

Compliance with the legal obligation imposed on the data controller by Regulation (EU) 2016/679 (GDPR), and Organic Law 3/2018, of 5 December, on Personal Data Protection and safeguarding digital rights (LOPDGDD).

Compliance with a legal obligation applicable to Moinsa.

Recipients

Moinsa service providers and suppliers may also have access to your personal data, as data processors, with whom we have signed the corresponding contracts to achieve the indicated purpose.

Your personal data will be disclosed to third parties to whom Moinsa is legally obliged to disclose it. Moreover, Moinsa service providers and suppliers may also have access to your data, as data processors, with whom we have signed the corresponding contracts to achieve the indicated purpose.
Retention period
Moinsa will only retain and process your data for this purpose until the first of the following occurs:
(i) The purpose described is completed.
(ii) You exercise your right to object to processing.
Thereafter, a legal obligation to block data may apply.

Moinsa will retain and process your data for this purpose as long as it is necessary for the purpose described. Thereafter, a legal obligation to block data may apply.

Observations

In the event of telephone contact and since your voice constitutes personal data, if the call is to be recorded for the purpose described, you will be informed of this when you start the conversation.

Sometimes, Moinsa has to process your personal data, usually by disclosing it to a third party, in order to comply with an applicable legal obligation.
Below, we highlight the most relevant examples:

This would be in addition to other examples where Moinsa is legally required to disclose personal data that, where appropriate, is required by the competent judicial or administrative authority, as well as by Law Enforcement. For example, those derived from the following regulations:

Article 7 of Organic Law 7/2021 of 26 May on the protection of personal data processed for the purposes of the prevention, detection, investigation and prosecution of criminal offences and the enforcement of criminal penalties.
Article 18 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.

IV International data transfers

If, for the processing of your data for the indicated purposes, said data needs to be transferred outside the European Economic Area (“EEA”), these transfers would be made on the basis of signing standard data protection clauses adopted by the European Commission for international transfers with these companies located outside the EEA, or on the basis of the adoption of any other appropriate guarantees provided for by applicable regulations. In the “Recipients” column of the previous section, you can find more detailed information in cases where this type of transfer exists.

V Data Protection Officer

Moinsa has appointed a Data Protection Officer, whose contact details are as follows:

Postal address: C\ Plasencia Nº 49, 28935, Móstoles, Madrid
E-mail: rgpd@moinsa.es

VI Personal data rights

By law, you have the following rights that you may exercise when required:

Right	Content
Access	You can view your personal data that is being processed by Moinsa.
Rectification	You can modify your personal data when it is inaccurate or incomplete.
Erasure	You may request the deletion of your personal data.
Objection	You may request that your personal data not be processed on the basis of legitimate interest. You may also object to your personal data being processed for direct marketing purposes, including the creation of profiles to the extent that it is related to this direct marketing.
Restriction of processing	You may request to limit the processing of your data: While the accuracy of your data is verified. When the processing is unlawful, but you object to the erasure of your data, and request that its processing be limited instead. When Moinsa no longer needs to process your data, but you need it to exercise or defend claims. When you have objected to the processing of your data for the fulfilment of a public interest or legitimate interest, while it is verified whether the legitimate grounds for processing override your rights.
No automated decisions	You may request not to be subject to decisions based solely on the automated processing of your data.
Withdraw consent	You may withdraw the consent you have previously given to authorise the processing of your data for a specific purpose at any time, without retroactive effect.
Portability	You may receive, in electronic format, the personal data you provided to us and transfer it to another entity.
Transparency	Any information or communication on your rights must be provided in a clear, transparent and accessible manner.

You may exercise these rights quickly and easily by sending an email to the DPO’s email (rgpd@moinsa.es) indicating the processing to which you object or wish to handle.

Or write to us by post at the following address: FAO Derechos LOPD Cliente, C\ Plasencia Nº 49, 28935, Móstoles, Madrid
In your letter, you must include the reference “Data Protection Request – Exercising rights”. Since these are individual rights, Moinsa must verify that they are actually exercised by the data subject or an authorised person. Therefore, if Moinsa has any doubts about your identity, it may request additional information to confirm it, such as a copy of your DNI, NIE, passport or equivalent identity document. You can also use your electronic signature instead of your DNI. If a person authorised by the data subject exercises their rights, they must demonstrate the identity of the authorised person and provide a document confirming this authorisation.

Moinsa will provide the requested information within one month from receipt of the request. This period may be extended for another two months if necessary, taking into account the complexity and the number of applications.

If you believe that we have not processed your personal data correctly, you can contact the Data Protection Officer through the aforementioned channels.

In any case, please note that if you believe that the processing of your personal data infringes applicable data protection regulations, you are also entitled to file a complaint with the competent Supervisory Authority (e.g., Spanish Data Protection Agency www.aepd.es.

17 October 2024

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