Privacy Policy

1.- What is the purpose of this policy?

The purpose of this Privacy Policy (hereinafter also referred to as policy) is to inform interested parties whose data is processed through the CRM tool used by BOLUDA TOWAGE, S. L., detailed information about the processing of their personal data.

For the purposes of this Privacy Policy, the individuals whose categories are described in this policy and who are the owners of the personal data processed in the CRM tool used by BOLUDA TOWAGE, S.L. will be considered interested parties.

2.- What regulations apply to this policy?

The processing of the data of the persons concerned carried out by BOLUDA TOWAGE, S.L. is under the scope of application of the legislation in force in Spain regarding data protection and, in particular, of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter RGPD); of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD); and of Law 34/2002, of 11 July, on information society services and electronic commerce.

3.- Which entity is the data controller and which entities are co-responsible for the data processing?

BOLUDA TOWAGE, S.L. (hereinafter referred to as BOLUDA TOWAGE) is the company responsible for the processing of the data of the persons concerned. The contact details of BOLUDA TOWAGE are as follows:

Postal address: Calle del Capitán Haya, 21, 28020 Madrid, Spain.

E-mail address: rgpd@boluda.com.es.

Telephone: 914183675

Likewise, each of the subsidiary companies of BOLUDA TOWAGE located in Europe and in third countries (hereinafter also referred to as Corresponsible Entities), whose identities and contact details can be consulted, at any time, in the updated list published in this link Boluda-Towage_Companies of the website  (through this link you can directly access the companies), are jointly responsible for the processing of the data of the persons concerned, under an agreement of joint responsibility and international transfer of data signed between BOLUDA TOWAGE and its subsidiaries listed in the aforementioned link.

Interested persons can request and obtain information on the essential aspects of the co-responsibility agreement by sending an email to: rgdp@boluda.com.es.

4.- What categories of data subjects are processed?

The interested parties whose data are processed by BOLUDA TOWAGE and the Corresponsible Entities are in the following categories:

  • Customers of BOLUDA TOWAGE are constituted as individuals, self-employed professionals and / or sole proprietors.
  • Physical contact persons and regular interlocutors who are part of the structure or staff of the client legal entities with whom BOLUDA TOWAGE maintains legal relations.
  • Physical contact persons who are part of the structure or staff of other legal persons who are not BOLUDA TOWAGE clients and who maintain commercial relations with BOLUDA TOWAGE as well as potential clients constituted as self-employed professionals and/or individual entrepreneurs of BOLUDA TOWAGE.

5.- What types of data are processed?

The data processed both by BOLUDA TOWAGE and by the Correspondent Entities refer to identification and location data, social circumstances data, economic data and data on transactions of goods and services concerning the persons concerned.

6.- Where does the data come from?

The data of the persons concerned have been provided from the various sources listed below:

  • The data of BOLUDA TOWAGE’s clients (constituted as natural persons, self-employed professionals and/or individual entrepreneurs) have been obtained by BOLUDA TOWAGE from the interested persons themselves, who have provided them to BOLUDA TOWAGE for the development and maintenance of the contractual relationship.
  • The data of the contact persons and usual interlocutors within the legal entity clients of BOLUDA TOWAGE have been obtained either from the contact persons and interlocutors themselves or from the legal entity in which they provide their services.
  • Finally, the data of natural contact persons who are not BOLUDA TOWAGE customers and are not part of either of the two previous groups, have been obtained by BOLUDA TOWAGE through different input channels such as, but not limited to, email, telephone, websites or web pages and events organized by BOLUDA TOWAGE.

 7.- On what legal basis and for what purposes are the data processed?

The data of the persons concerned are processed by BOLUDA TOWAGE on the legal basis and for the purposes of processing indicated below:

a) Interested persons who are customers of BOLUDA TOWAGE:
  • With a legal basis in compliance with legal obligations and in the execution of the contractual relationship, BOLUDA TOWAGE customer data will be processed for the development of the contractual relationship, including customer registration, administrative, accounting, fiscal and billing management, collections and payments, communications management and the sending of any type of communication-related to the execution of the contract.
  • Furthermore, in the event that customers have given their consent to BOLUDA TOWAGE through the various means made available to them by BOLUDA TOWAGE (such as ticking boxes for specific purposes), based on the legal basis of the consent, the data of such customers will be processed in order to send them commercial communications by e-mail related to port, coastal, offshore and maritime rescue towage services, as well as invitations to events organized, sponsored or in which BOLUDA TOWAGE is a party.
  • In the event that clients do not authorize the sending of commercial communications and/or request BOLUDA TOWAGE to revoke the consent given or oppose the receipt of said commercial communications, with legal basis in compliance with legal obligations, the data of said clients will be processed in order to avoid and not carry out the sending of said commercial communications.
b) Interested persons who act as contact persons and interlocutors within BOLUDA TOWAGE’s legal entity clients:
  • With legal basis in the legitimate interest determined by Law, the data of the natural persons of contact and interlocutors within the natural persons clients of BOLUDA TOWAGE, will be treated to maintain the contractual relationship and legal relations of any nature with the legal person in which the natural person of contact and interlocutor provides its services, which includes treating the data for the management of the registration of that legal person, administrative, accounting, fiscal and billing management, collections and payments, the management of communications and the sending of any type of communication related to the execution of the contract.
  • Furthermore, in the event that the contact persons and interlocutors within BOLUDA TOWAGE’s customers have given their consent to BOLUDA TOWAGE through the various means made available to them by BOLUDA TOWAGE (e.g. by ticking boxes for specific purposes), based on the legal basis of the consent, the data of these contact persons and interlocutors will be processed in order to send them commercial communications by e-mail, related to port, coastal, offshore and maritime rescue towage services, as well as invitations to events organized, sponsored or in which BOLUDA TOWAGE is a party.
  • In the event that the contact persons and interlocutors within BOLUDA TOWAGE’s clients do not authorize the sending of commercial communications and/or request BOLUDA TOWAGE to revoke the consent given or oppose the receipt of said commercial communications, with legal basis in compliance with legal obligations, their data will be processed to prevent and not carry out the sending of the aforementioned commercial communications.
c) Interested persons acting as physical contact persons within legal entities that are not BOLUDA TOWAGE clients and potential BOLUDA TOWAGE clients constituted as self-employed professionals and/or individual entrepreneurs:
  • In the event that these contact persons or potential BOLUDA TOWAGE customers have given their consent to BOLUDA TOWAGE through the various means made available to them by BOLUDA TOWAGE (such as ticking boxes for specific purposes), on the legal basis of the consent, the data of such contact persons and potential customers of BOLUDA TOWAGE will be processed in order to send them commercial communications by e-mail, related to port, coastal, offshore and marine salvage towage services, as well as invitations to events that BOLUDA TOWAGE organizes, sponsors or is a party to.
  • In the event that the interested parties indicated in the previous section do not authorize the sending of commercial communications and/or request BOLUDA TOWAGE to revoke the consent given or oppose the receipt of said commercial communications, with a legal basis in compliance with legal obligations, their data will be processed to prevent and not carry out the sending of the aforementioned commercial communications.

 Likewise, the data of the persons concerned are processed by BOLUDA TOWAGE and by each of the Corresponsible Entities on the legal bases and for the purposes of processing indicated below:

  • Based on the legitimate interest of both BOLUDA TOWAGE and each of the Corresponding Entities to maintain a global vision of their business that allows them to execute opportunities to improve their processes at a group level for clients, as well as for the purpose of managing the processes and business functions centralized and distributed among the aforementioned companies in a corporate manner, the data of the interested parties who are clients and/or who are physical contact persons and/or interlocutors within the structure or work force of said clients, are processed in order to identify the persons concerned, either as clients or as physical contact persons and/or interlocutors within the clients, to identify the services and business relationships provided by BOLUDA TOWAGE and the Correspondent Entities and the interactions maintained with the persons concerned and to analyse how to improve the efficiency, competitiveness and organisation of the services provided by BOLUDA TOWAGE and the Correspondent Entities.
  • Likewise, in the event that the interested parties have given their consent to BOLUDA TOWAGE through the various means made available to them by BOLUDA TOWAGE (such as ticking boxes for specific purposes), on the legal basis of the consent, the data of said interested parties will be processed by BOLUDA TOWAGE’s subsidiaries located in Europe and in third countries, for the purpose of sending commercial communications by e-mail about the towing, mooring, maritime transport, maritime terminal services, also described at https://www.boluda.com.es/en/boluda-towage-salvage-en/, that they provide and events that they organize, sponsor or in which they are part of, according to the segmentation criteria that, at each moment, determines the company that sends the commercial communication, not taking decisions based solely on automated processing, including profiling.
  • In the event that the interested parties do not authorize the sending of such commercial communications by the Corresponsible Entities and/or request the revocation of the consent granted or opposition to the receipt of such commercial communications, respecting this decision and with legal basis in compliance with legal obligations, the data of the interested parties will be processed solely for the purpose of avoiding and not carrying out any further sending of the aforementioned commercial communications. However, this will not prevent both BOLUDA TOWAGE and the Corresponsible Entities from maintaining the joint and shared processing of the data for the purpose of carrying out the rest of the actions derived from the service provision relationship for which the data have been provided.

8.- Is the data communicated to third parties?

The data of the persons concerned are communicated by BOLUDA TOWAGE to third parties, on the basis of the following legitimate conditions and for the purposes indicated below:

  1. Financial institutions for the payment of services or goods contracted by customers;
  2. Tax Agency for compliance with tax obligations;
  3. Auditors for the conduct of financial audits;
  4. Public Administrations are competent by reason of the subject matter in order to comply with legal requirements and obligations.

Likewise, the data is communicated to the Corresponsible Entities and shared with these entities, by virtue of the co-responsibility agreement signed between all of them, to which BOLUDA TOWAGE is a party. Therefore, all the Corresponsible Entities are recipients of the identification and location data, social and economic circumstances and transactions of goods and services relating to the interested parties to whom this Privacy Policy is addressed and process such data for the purposes described above.

In addition, the data of the data subjects processed by BOLUDA TOWAGE are made available to third party processors contracted through the subscription of processing orders for the provision of services related to the hosting of data, tax management, auditing, the provision of IT services and other auxiliary and support services to the activity of BOLUDA TOWAGE. The data processors are obliged to process the data according to the instructions given by BOLUDA TOWAGE through a data processing contract with sufficient guarantees of security and confidentiality.

9.- Are data transfers carried out?

Since BOLUDA TOWAGE and its affiliated companies share centralized and distributed business processes, solutions and functions among all the companies, the data of the persons concerned are subject to international transfer in those cases in which the Corresponding Entities are located in a third country, under and in accordance with the following:

  • Adequate safeguards established under Article 46 of the GDPR (adequate safeguards adopted by means of standard contractual clauses).
  • The provisions of Article 49.1.c) of the GDPR, when the transfer is necessary for the conclusion or performance of the contract, in the interest of the data subject, between the controller and another natural or legal person.
  • The provisions of Article 49.1.a) of the RGPD, when the persons concerned have given their explicit consent to the transfer, by ticking the box provided for this purpose.

In any case, interested parties may request and obtain information about the guarantees established, the fact that they have been provided and/or the consent given to the international transfer, requesting it by e-mail to:

Spain: rgpd@boluda.com; North Europe: rgpd@boluda.eu; France: rgdp@boluda.fr.

10.- How long will the data be kept?

The data of the persons concerned will be kept by BOLUDA TOWAGE as well as by the Corresponsible Entities for as long as the purposes and legal bases of the processing are maintained and during the legal periods for the fulfilment of obligations and attention of possible responsibilities.

11.- What rights do the persons concerned have?

At any time, the persons concerned have the possibility of exercising their rights of access, rectification, deletion, opposition, limitation of processing, portability, as well as the right not to be subject to decisions based solely on the automated processing of their data, including profiling.

Likewise, they also have the right to withdraw the consent given for the processing of their data in relation to the processing purposes described in this Privacy Policy with legal basis on consent (for sending commercial communications and for the communication and international transfer of personal data), without affecting the lawfulness of the processing based on the consent prior to its withdrawal.

Data subjects also have the right to object, at any time, on grounds relating to their particular situation, to the processing of data concerning them in connection with the data processing described in this policy based on legitimate interest.

The exercise of any of these rights may be exercised by the interested parties by sending their request, indicating the right they are exercising, to any of the following addresses:

Spain:
Postal: Calle del Capitán Haya, 21, 28020 Madrid, Spain.
Electronics: rgpd@boluda.com.es.
North Europe:
Postal: Waalhaven Zuidzijde 21, 3089 JH Rotterdam, Netherlands
Electronics: rgpd@boluda.eu
France:
Postal: Les docks Atrium 10.5, 10 place de la Joliette, 13002 MARSEILLE, FRANCE
Electronics: rgdp@boluda.fr

Given that these are very personal rights, when it is necessary to prove the identity of the persons concerned, these persons may be asked to provide a photocopy of their DNI/NIF on both sides or another legal document identifying their identity.

In addition to the rights indicated above, in accordance with e-commerce regulations, interested parties may revoke the consent given or object to receiving commercial communications by sending their request by email to the email address indicated in each commercial communication received as well as by means of the aforementioned emails.

In addition, interested parties have the right to lodge a complaint with a supervisory authority, in Spain the Spanish Data Protection Agency, with postal address at Calle Jorge Juan, 6, 28001 Madrid and contact telephone numbers 901 100 099 – 912 663 517, through the citizen services at www.agpd.es, as well as with the supervisory authority of any of the Corresponsible Entities. Information on the European supervisory authorities can be consulted here https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

Prior to any complaint and on a voluntary basis, the persons concerned may contact the data protection authorities at the following addresses: Spain, e-mail: rgpd@boluda.com; postal: Calle del Capitán Haya, 21, 28020 Madrid, Spain; North Europe: e-mail: rgpd@boluda.eu, postal: Waalhaven Zuidzijde 21, 3089 JH Rotterdam, Netherlands; France: e-mail: rgdp@boluda.fr, postal: Les docks Atrium 10.5, 10 place de la Joliette, 13002 MARSEILLE, FRANCE.

 12.- How to contact for any questions about this policy?

For any questions about the content of this Privacy Policy, interested parties may send an email to the email addresses indicated above for Spain, North Europe and France.

 13.- How do I find out about any updates to this policy?

This policy may be updated by BOLUDA TOWAGE and it is the responsibility of the interested parties to periodically access it in order to be aware of the latest version of this Privacy Policy at all times.