1. INTRODUCTION
In ELAY,S.L. (ELAY-LAN,S.L.U, CELAY S.A de C.V. y ELAY Automotive components (Kunshan) Co.,Ltd. Included) we are committed to the protection of privacy and the correct use of the personal data that we process and that you provide to us, both online on this website and, where appropriate, any of its subdomains, microsites, and off-line.
Please read this policy carefully and make sure you understand and agree with it before providing us with your personal information. If you do not agree with it, do not use this website or its services or provide us with your data.
By accessing this site, using any of its services or providing us with your data, either online or offline, we will understand this as a clear affirmative action by which you give us your consent (where necessary) to process your data for the purposes indicated below.
2. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR DATA?
ELAY,S.L.
Postal address: Lizarragako hiribidea z/g, 20577 Antzuola, Gipuzkoa
E-mail: contact-request@elay.com
Phone number: 034 943 76 61 00
3. HOW DID WE OBTAIN YOUR DATA?
3.1. Obtained from the person concerned.
If you are a customer (current or potential) or user of our website, you have provided them, either offline or online, when requesting our products or services, or contacting us for information.
By providing us with your data, you guarantee that you are authorized to do so, and that the information is true, updated, and does not infringe any contractual restriction or third party rights. You are responsible for keeping your data and your profile correct and updated, declining all responsibility ELAY,S.L. in case of not doing so. You agree not to impersonate other users using their registration data to the various services and / or content of the website.
3.2. Obtained automatically when visiting our website:
When you visit our website, we collect information through cookies and other tracking and web analytics technologies. This means that data is sent from your browser to our servers to optimize our services and improve your user experience. This data may be automatically collected and stored by us or by third parties on our behalf. You can consult our cookie policy.
3.3. Obtained from a person other than the interested party.
It is possible that your information has not been provided to us directly by you, but has been provided to us by a third party with whom we work, to whom you have previously provided that information. For example:
Our commercial network or distributors, after providing your data to some of our sales representatives.
With respect to other people's data, their privacy must be respected and special care must be taken when communicating or publishing personal data. Only the owner of the data may authorize the processing of personal data. The publication of third parties' data without their consent may infringe, in addition to the data protection regulations, those relating to the right to honor, privacy or self-image of such third parties.
It is the responsibility of those who provide third party data: a) to have their prior and express consent to use them, and b) to inform them of the treatment that we will carry out with their data. By accepting this privacy policy, whoever provides third party data expressly guarantees that he/she has the authorization for such provision, exonerating us from any liability in case of any claim by the interested party.
4. WHAT TYPES OF DATA DO WE PROCESS?
The categories of data we process may include:
Obtained from the person concerned: identification data (name and surname, VAT number), contact data (telephone, postal address, email address, invoice or delivery address), commercial and economic data (information on the products ordered, customer history, and data necessary for payment: bank, credit card, etc.).
Obtained automatically when visiting our website: IP address of the user, the date and time of the visit, the URL of the site from which the user comes, the pages visited on our website, information about the browser used (type and version of browser, operating system, etc.). Also online profile data (information about preferences and interests, browsing or buying habits, what commercial actions have been made or what information has been requested), in order to send you personalized information or exclusive campaigns...
Communicated by a third party: identification data
Regarding data with special protection: We do not process special categories of data.
5. WHY DO WE PROCESS YOUR DATA?
The data you provide us, as well as all the data generated during the development of our relationship with you, may be processed for different purposes:
General purposes:
If you are a current or potential customer: to maintain contact and communication with you, and to manage the contractual and/or commercial relationship.
If you are a user of our website, or sender or recipient of an email: to manage the requests you make to us online, and to contact you.
In the case of access as a visitor to our facilities: to manage access and visitor control.
Specific purposes:
In the case of providing us your resume: to contact you and manage the selection processes that we carry out. In this case, it is mandatory that you accept the privacy policy, marking the field provided for this purpose. If you do not give your consent, we will not be able to take your resume into account.
For the protection of vital interests: of the person concerned or of another third party.
Purposes with special duty of information:
To send you, by means of electronic communications, information about our activities, products and/or services similar to those requested, including advertising and/or commercial communications for the purposes of art.21 LSSICE 34/2002. If we already have a previous contractual relationship, such communications will be sent on the basis of our legitimate interest. In the case of not having a previous contractual relationship, we will only send you these types of communications if you authorize us to do so by marking the option expressly included for this purpose in the corresponding forms. The electronic communications that we send you will include, in the communication itself, the option to stop receiving them. If you opt out, we will stop sending you these types of communications in the future.
To transfer your data to other companies or entities directly related to ELAY,S.L. in order to provide you with the service or product you have requested, and the administrative-accounting management required for such provision. Specifically, we may communicate your data to the recipients listed in the specific section below in this policy.
6. WHAT IS THE LEGITIMACY FOR THE PROCESSING OF YOUR DATA?
The legal basis that legitimizes us to process your data can be diverse:
Fulfillment of the existing contractual or commercial legal relationship: if you are already a customer, supplier, or participant in our activities. In case you are a potential customer or supplier, it is the pre-contractual relationship that binds us.
The provision of the requested data is mandatory because it is essential to formalize and/or maintain the contractual or pre-contractual relationship and comply with the legal obligations arising therefrom; if you do not provide them, we will not be able to provide the service derived from such relationship.
Consent: it can also be, your consent you have given us for a specific purpose: For example: to send commercial communications, if you have entered our website, if you are a visitor to our facilities, if you have sent us your resume, if you have given your consent for the realization of photographs, etc..
You give us your consent unequivocally when you provide us with your online or offline data, and this is considered a clear affirmative act that manifests such consent. The provision of the requested data is mandatory because it is essential to fulfill your request; if you do not provide it, we will not be able to carry it out. You may withdraw your consent at any time by sending us an e-mail to contact-request@elay.com. Such withdrawal does not condition the processing of your data for the rest of the purposes described, but may mean that we can not answer your request.
Compliance with a legal regulation or obligation: such as those established in fiscal, tax, social security, occupational risk prevention, consumer and user regulations, criminal code (art.31 bis: establishment of a complaints channel), etc.
Our legitimate interest as an organization also constitutes a legal basis for using your data, as long as that legitimate interest is foreseeable to you and you can reasonably expect us to use it for that interest when we collect it in connection with the relationship or service that binds us. E.g. for:
To inform you about our activities, products, and/or services, including through electronic communications, if we already have a prior contractual relationship with you. If this is not the case, we will only send you such communications if you authorize us to do so by checking the option expressly included for this purpose in the corresponding forms.
Al bloquear completamente las “cookies”, puede impedir que ciertos sitios web se muestren correctamente.
In any case, we consider that the indicated treatment of your data is proportionate and involves a minimal impact on your privacy, but your interests, rights or freedoms will always prevail over our legitimate interest, so if you do not want us to treat your data for these purposes please send us an e-mail in this sense to contact-request@elay.com, and we will do so.
To answer the requests or requests that you make to us, e.g. through the forms on our website
7. HOW LONG WILL WE KEEP YOUR DATA?
7.1. General conservation period
We will keep the personal data you provide for as long as the contractual, pre-contractual or commercial relationship is maintained and, once these are terminated, as long as the person concerned does not request their deletion. Even if the deletion is requested, we may keep them for the necessary time and limiting their treatment, only for:
Comply with the legal/contractual obligations to which we are subject,
and/or during the legal time periods foreseen for the prescription of any liability on our part,
and / or the exercise or defense of claims arising from the relationship with the person concerned.
In coordination with the above criteria, the deletion of personal data, either in computer records or on paper, may be carried out, at the discretion of the organization, depending on logistical needs and/or storage space that make it advisable to delete information or documentation.
7.2. Specific conservation periods
If you have applied for a job by submitting your resume: we will keep it until you request its deletion/for the duration of its validity, in order to contact you for selection processes.
8. TO WHOM MAY WE DISCLOSE YOUR DATA?
We inform you that the data you provide may be communicated to third parties for the fulfillment of purposes directly related to legitimate functions of transferor and transferee as:
General assignments
To banking entities: for the management of collections and payments.
To the mutual insurance company and to the external prevention service: in compliance with the obligations of occupational health surveillance and occupational risk prevention.
To entities or organizations to which there is a legal obligation to communicate data: for example, the Tax Administration.
To Notaries, Courts or Tribunals, Registries, Attorneys, Expert witnesses, etc.
To insurance companies: for the management and underwriting of commercial risks / in case of credit and surety insurance for the underwriting of transaction collection or liability insurance / for the underwriting of defective products in case of possible claims by customers.
To any of the companies that make up the Group for internal administrative purposes, including the processing of personal data of customers, suppliers or staff.
9. INTERNATIONAL DATA TRANSFERS
At ELAY,S.L. we will ensure that personal data is always processed and located in the European Economic Area. However, in certain circumstances, we may make international transfers of data, for example, where necessary for the conclusion or performance of a contract, in the interest of the data subject, between ELAY,S.L. and another natural or legal person; or where necessary for the performance of a contract between the data subject and ELAY,S.L. for example when using service providers located outside the European Union, who may have access to personal data, for the provision of services ancillary to our business (hosting, housing, SaaS, remote backups, IT support or maintenance services, e-mail managers, sending e-mails and e-mail marketing, file transfer, etc.) or for the execution of pre-contractual measures taken at the request of the data subject.
These entities may be different and vary over time, but we will try to choose entities either belonging to countries that have a level of protection equivalent to the European level of data protection, or that have adequate guarantees to achieve that level, or on the basis of one of the exceptions provided for in the GDPR.
10. WHAT ARE YOUR RIGHTS WHEN YOU PROVIDE US WITH YOUR DATA?
You can, where appropriate, exercise your rights of access, rectification, deletion, limitation and opposition to their treatment, as well as other rights, at the postal or email address indicated at the beginning of this privacy policy; in both cases by written and signed request attaching a copy of your ID card or passport or other valid document that identifies you. In case of modification of your data you must notify it at the same address, declining this entity any responsibility in case of not doing so.
Right of access: You can ask us what personal data we are processing and even request a copy of it.
Right of rectification: You can ask us to rectify inaccurate personal data or to complete incomplete personal data, including by means of an additional declaration.
Right of deletion (right to be forgotten): You can ask us to delete your personal data when: they are not necessary for the purposes for which they were collected, you withdraw your consent, there has been an unlawful processing of them or in compliance with a legal obligation.
Right to limitation of processing: You can ask us to limit the processing of your data, in which case we will only keep them for the exercise or defense of claims.
Right to object: You may object to the processing of your data if such processing is based on the legitimate interest of the data controller or is for advertising purposes.
Once we receive any of the above requests we will respond within the legally established deadlines. You can complain to the Spanish Data Protection Agency. For more information about the rights you can exercise and to request model forms for the exercise of rights you can visit the website of the Spanish Data Protection Agency, www.aepd.es.