1. INTRODUCTION
The protection of personal data is one of our company’s values. We are fully committed to complying with the regulations relating to the protection of personal data in force, with such compliance being a priority objective.
The purpose of this policy is to explain to you how personal data is processed within the NEXUS ENERGÍA website, its forms, apps and other digital platforms or electronic means. This policy is equally applicable, where appropriate, to the data processing of social networks USERS on which NEXUS ENERGÍA carries out a processing of their data and depending on their relation with NEXUS ENERGÍA.
You shall be able to join the groups that our company has in different social networks. The user who becomes a fan of the company or a member of one of these groups must accept the conditions of use and privacy policy of the corresponding social network.
2. THE DATA CONTROLLER
The data controller of your personal data is our company: NEXUS ENERGÍA with Tax Id (NIF) A-62.332.580 and registered address in c/ Playa de Riazor, 12 OFF. 1.5 - 28042 MADRID. NEXUS ENERGÍA guarantees the processing of personal data with the utmost discretion and confidentiality and only for those purposes for which consent has been given or has been informed, all in accordance with the General Data Protection Regulations ("GDPR") and any other applicable regulations.
Your data can also be used, under the same conditions, by THE YELLOW ENERGY S.L.U., a wholly owned subsidiary of the NEXUS GROUP, with Tax ID (NIF) B66027731 and registered address at c/Consell de Cent 42, 08018 BARCELONA.
NEXUS ENERGÍA, S.A. and THE YELLOW ENERGY S.L.U. have appointed a Data Protection Officer, which the user can contact to resolve any queries at the following e-mail address: privacidad@nexusenergia.com.
3. PURPOSES OF THE PROCESSING
Our company collects the user's personal data according to the relationship established with the user, based on the following purposes:
- To be able to manage the queries and requests that the user makes.
- To offer you the services and products in which the user registers or has given their consent and which are offered by our company.
- To send commercial communications with prior consent.
- If the user is our customer or has expressly consented to the receipt of our newsletters or information on certain products or services, their data shall be processed for the management and control of sending such information.
- To comply with legal obligations, or by reason of any contractual relationship we may have with you.
- In case of contracting Nexus Energy products, to manage your existing contractual relationship and the management of user customer service. Nexus Energía may consult financial solvency files to assess the degree of compliance with contractual obligations. In case of non-payment, our company shall be able to communicate it to these files, always respecting the applicable regulations and guaranteeing all the user's rights.
- Likewise, browsing data and cookies of users may be processed for the purposes of improving their accessibility as a user, customising and analyse their browsing, as well as to display advertising and ads based on their interests always according to our cookie policy and that must be accepted as a previous step to browsing through our digital platform.
- Other purposes indicated in the data collection forms within the digital platform, whose data have been provided by the user.
Any other purpose shall be communicated to you before proceeding to the processing of your data in the corresponding link provided for this purpose.
Nexus Energía may use automated systems and other means that allow user profiles to be defined in order to make offers, or actions to improve services or products, using for this purpose own information, as well as information from third sources, if the user has also consented. Additionally, Nexus Energía may use data dissociated from the user, always preserving their anonymity, even after the end of the relationship, in order to use them within their support systems for decision making and business management.
4. DATA RETENTION PERIODS
Your data shall be kept for the period established in each section of the website in which personal data is requested, or in any form, application or other means by which you have given your consent, unless you consent to them being kept for a longer period, without prejudice to conservation and maintenance under due blocking for their availability to the authorities with competence in the various areas that are applicable and to deal with claims. In such a case, the data shall be blocked until the end of the statute of limitations period, at which time they shall be deleted.
5. LEGITIMACY FOR DATA PROCESSING
The legal basis on which the processing of your data is based may be the execution of a contract, the fulfilment of a legal obligation, the consent obtained from the user, or the legitimate interest, as applicable at any time and in accordance with the regulations in force.
You may withdraw or modify your consent at any time based on your rights.
If, in order to carry out any management of the contract or specific request, it were necessary for the user to provide personal data of persons other than the owner, the user must first and expressly inform them of the content of this policy and obtain their prior consent for the processing of their data.
Access and registration on social networks is prohibited to children under fourteen (14) years of age, so that access and use of children under fourteen (14) to the official website of NEXUS ENERGÍA, S.A. is also prohibited. In turn, if the user is legally incompetent, NEXUS ENERGÍA, S.A. warns that the consented assistance by the holder of the parental authority or guardianship of the user or their legal representative shall be required for access to and use of this official NEXUS ENERGÍA, S.A. page. The company shall be expressly exonerated from any liability that may arise from the use of its official page by minors and legally incompetent persons with such liability corresponding to their legal representatives in each case.
6. RECIPIENTS OF PERSONAL DATA AND INTERNATIONAL TRANSFERS
Your data shall not be sold or rented.
Nexus Energía may give access to certain service providers who carry out certain activities for the company, but who in no case process the data for their own purposes. In case of contracting supply, the customer data shall be communicated to the distribution company and are included in a file responsibility of the latter, called Supply Points Information System, in accordance with the provisions of current legislation.
The company shall be able to inform of the situation of non-payment to companies providing services of financial solvency and creditworthiness complying with the applicable regulations. It may also transfer the data to the competent authorities and bodies in compliance with the relevant legal and tax obligations. The data relating to possible supply contracts shall also be communicated to the Tax Administration for the purposes set out in General Tax Law 58/2003 and/or Law 36/2006, on measures for the prevention of tax fraud. Likewise, by virtue of Royal Decree 897/2017 regulating, inter alia, the figure of the vulnerable consumer, Nexus Energía may communicate the data of customers in default to the corresponding administration in order for it to determine the situation of vulnerability.
In some cases, personal data may be communicated or accessed by companies outside the territory of the European Union. In these situations, our company shall apply all measures and controls to ensure and protect the processing of their personal data.
The main measures taken by our company when an international transfer of personal data takes place are the signing of standard contractual clauses approved by the European Commission, adherence to international agreements, such as the Privacy Shield, and the application for approved and recognised certifications or codes of conduct.
Data transfers on social networks such as Facebook and Twitter, located in the United States, to which users may join, shall be covered by the EU-US Privacy Shield agreement or as applicable under applicable law, if applicable.
The user is informed that all the information and contents published on the official website of NEXUS ENERGÍA, S.A. in any social network may be known by the other users of the official website and the platform of said social network. Consequently, all the information and contents published by the user on the official page of NEXUS ENERGÍA, S.A. in the corresponding social networks shall be communicated to the rest of the users due to the nature of the service.
Regarding the use of social networks, NEXUS ENERGÍA, S.A. informs the user that this entity is only responsible for and guarantees the confidentiality, security and processing of data in accordance with this policy, with respect to personal data collected from the user through social networks, not having any responsibility with respect to the processing and subsequent use of personal data that may be carried out by both the owner of the social network and by third party information society service providers who may access such data as a result of the provision of their services or exercise of their activity, to third parties who establish hyperlinks to the social network, or to those to whom NEXUS ENERGÍA, S.A. sends, through the hyperlinks, users who are adhered to the official website of Nexus Energía on social networks.
7. EXERCISE OF RIGHTS
As a consequence of the processing of your personal data by our company, the legislation in force grants you the following rights:
Right of access: You have the right to know the personal data that we process about you in accordance with the purposes that we have informed you of.
Right of rectification: You have the right to rectify any data that is inaccurate or incomplete.
Right of deletion: You may request that your personal data be deleted from our systems.
Right to object: You may object to the processing of your data in connection with direct marketing actions. As well as for personal reasons, unless the basis of the processing is the legitimate interest.
Right to limit processing: You may request processing to be limited in the event that its accuracy is contested or where it is unlawful and you object to the deletion of your personal data and instead request limitation of its use. Also when the data are no longer necessary for processing, but you need them for the formulation, exercise or defence of claims.
Right to data portability: You have the right to obtain a copy of all data that you have provided to us and, where technically possible, you have the right to request that your personal data be disclosed to another data controller.
You may exercise these rights by contacting the Data Protection Officer of our company by any of the following means and attaching a copy of your National Identity Document (DNI) or equivalent document:
- By means of electronic mail that must be sent to the address privacidad@nexusenergia.com
- By post addressed to C/Consell de Cent, nº 42, 08014, Barcelona.
In the event that you need to make a query or suggestion regarding the processing of your personal data you may also go to the addresses provided for the exercise of rights.
You also have the right to file a complaint with the Spanish Data Protection Agency (AEPD), the competent authority in Spain for data protection.
8. On Information Security
NEXUS ENERGÍA uses generally accepted industry information security techniques such as firewalls, access control procedures and cryptographic mechanisms to prevent unauthorised access to data. To achieve these purposes, the user/customer accepts that the provider may obtain data for the purposes of the corresponding authentication of access controls.