Data Protection Act and Privacy Policy

ABAI GROUP Privacy Policy

1.- Who is the controller of your data?

The companies of the Abai Group (“ABAI”) are the controllers of your data. They respect the legislation in force on data protection, user privacy, confidentiality and data security under the Data Protection and Digital Rights Act 3/2018, of 5 December, (LOPD-GDD) and 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 (GDPR).

The ABAI companies have taken all the necessary technical and organisational measures to ensure the confidentiality, integrity, availability and resilience of the personal data they hold.

The companies comprising ABAI are:

  • RAINBOW COMUNICACIONES, S.L., whose Tax ID (CIF) is B81689069.
  • EXTEL CONTACT CENTER, S.A., whose Tax ID (CIF) is A80221781.

Should the owner of the data need to contact the data controller, he/she may write to ABAI GROUP at its headquarters at Calle Vía de los Poblados 3, Edificio Cristalia, Play 4B, planta 5ª, (28033) Madrid. Email dpd@abaigroup.com

The contact details of the Data Protection Officer are as follows:

Quod Solutio SL.
Tel: 911845977
Email: dpd_rainbow@quod.es
Address: Avda. Europa, 26. Edificio Ática V-2º Pozuelo de Alarcón C.P 28224

2.- What type of data is processed by ABAI?

During the collection of data, only the personal data absolutely necessary to fulfil the lawful purpose notified will be requested.

Automatically-obtained information.

When the User accesses the website, ABAI may obtain information about his/her IP address and other browsing data.

Information provided by the User.

When the User completes a form to submit a query or request information, his/her identity details (first and last name) and contact details (e-mail and telephone) are requested. Furthermore, in the case of the staff recruitment form, information about the desired profile and city is requested.

We will also process any data that may be contained in any message, comment or CV that may accompany the form.

The User agrees at all times to provide truthful information about his/her data requested through the website, and to keep it updated at all times. The User will not provide any third-party personal data. Should the User have to provide third-party personal data, the User guarantees that he/she is legally entitled to do so, that he/she has informed the data subject of the transfer of the data subject’s data, and that he/she undertakes to provide the data subject’s data to ABAI. In this case, the User will be solely liable for the fulfilment of these obligations.

3.- What is the purpose of the processing and what is its legal basis?

PROCESSING

LEGAL BASIS

HR MANAGEMENT

·        GDPR: 6.1.b) Processing necessary for the performance of a contract to which the data subject is party or for the application of pre-contractual measures at the request of the data subject.

·        GDPR: 6.1.c) Processing necessary for compliance with a legal obligation to which the controller is subject.

·        Royal Legislative Decree 2/2015, 23 October, approving the consolidated text of the Workers Statute Act.

·        Royal Legislative Decree 8/2015, 30 October, approving the consolidated text of the General Social Security Act.

STAFF RECRUITMENT MANAGEMENT

·        GDPR: 6.1.a) Express consent of the candidate to the purposes of the processing.

CONTACT CENTRE MANAGEMENT

·        GDPR: 6.1.a) Express consent of the data subject to the processing of his/her personal data for one or more specific purposes.

 

·        GDPR: 6.1.b) Processing necessary for the performance of a contract to which the data subject is party or for the application of pre-contractual measures at the request of the data subject.

 

·        GDPR: 6.1.f) Processing necessary for the purposes of the lawful interests pursued by the controller.

 

SOCIAL NETWORK MANAGEMENT

 

·        GDPR: 6.1.a) Express consent of the data subject to the processing of his/her personal data for one or more specific purposes.

·        GDPR: 6.1.b) Processing necessary for the performance of a contract to which the data subject is party or for the application of pre-contractual measures at the request of the data subject.

·        GDPR: 6.1.f) Processing necessary for the purposes of the lawful interests pursued by the controller.

CUSTOMER MANAGEMENT

 

·        GDPR: 6.1.b) Processing necessary for the performance of a contract to which the data subject is party or for the application of pre-contractual measures at the request of the data subject.

·        GDPR: 6.1.a) Express consent of the data subject to the processing of his/her personal data for one or more specific purposes.

·        GDPR: 6.1.c) Processing necessary for compliance with a legal obligation to which the controller is subject.

·        GDPR: 6.1.f) Processing necessary for the purposes of the lawful interests pursued by the controller.

·        Information Society Services and E-Commerce Act 34/2002 of 11 July.

SUPPLIER MANAGEMENT

·        GDPR: 6.1.b) Processing necessary for the performance of a contract to which the data subject is party or for the application of pre-contractual measures at the request of the data subject.

·        GDPR: 6.1.c) Processing necessary for compliance with a legal obligation to which the controller is subject.

 

Processing may possibly be performed for other purposes which will be properly conveyed in a simple and transparent form. Data subjects will aIways be informed about how to exercise their rights under the legislation in force, such as the right of objection to this processing, and if necessary, their express permission to this processing will be requested.

4.- Recipients of the data.

By providing his/her data, the User (in the case of staff recruitment processes) authorises the transfer of his/her personal data to the following companies:

  • AON Marketing Directo, S.A.U, who, if appropriate, will provide the necessary training for access to the offered position.
  • Quirón Prevención, S.L.U, who, if appropriate, will provide the Health and Safety at Work training.
  • Adecco Outsourcing, S.A.U., who, if appropriate, will formalise the contract.

In order to meet the different needs arising from the accounting, tax and administrative management of our customers and suppliers, it may be necessary for ABAI to transfer his/her data to the other companies comprising our group.

We also inform you that we work with third parties responsible for providing different services (hosting, website development and maintenance, website analytics and other website services), who may have access to the User’s personal data as a result of the contractual relationship maintained with ABAI.

ABAI has signed the relevant data processing agreements with each supplier to ensure that every supplier will process the personal data under the legislation in force.

5.- Do we make international data transfers?

You are informed that ABAI does not plan to transfer the User’s personal data to any third party outside the European Union, or to any international organisation.

However, in the case of involvement by third parties independent of ABAI such as Google, we inform you of the possibility that they may make international data transfers.

6.- Will automated decisions be made with the personal data provided?

ABAI does not plan to use the User’s data to make automated decisions, including profiling decisions, that may have legal implications for the User or that may significantly affect the User.

7.- How long will the personal data be retained?

The data will be retained as long as necessary for the various purposes mentioned. The data will be erased once it is no longer necessary, without prejudice to its retention in duly sealed form for the mandatory period required to meet the possible liabilities of ABAI.

However:

  • The CVs received, as well as any other supplementary information provided to enable participation in the staff recruitment processes, will be destroyed in the event that they are rejected in any staff recruitment processes we may perform, the personal data of those selected for future processes being retained for a maximum term of 24 months
  • The personal data necessary for sending marketing information will be retained until the data subject expresses his/her objection to the processing.

8.- What rights does the User have?

The User is under no obligation to provide his/her personal data, in full or in part. However, if he/she does not do so, it may not be possible to be contact him/her to inform him/her in the aforementioned terms.

The User enjoys the rights of access, rectification, erasure, restriction of processing, objection and data portability with regard to his/her personal data. This means that he/she may request ABAI at any time:

  1. To give the User access to the personal data processed by ABAI, as well as to the information linked to it (e.g., purposes, data category, recipients or retention term).
  2. To rectify any inaccurate or incomplete personal data.
  3. To erase the personal data concerning him/her for certain reasons, including whenever the data is not necessary for the purpose, whenever the User is withdrawing his/her consent, whenever the User objects to the processing, or whenever ABAI is processing the User’s data unlawfully.
  4. To limit the processing of data permanently or temporarily in certain cases, including: whenever the User believes that ABAI is unlawfully processing its data; whenever the accuracy of the data is being verified after the User has challenged that accuracy; whenever the lawfulness of the data controller’s reasons for processing the data is being verified after the User has objected to that processing; and whenever ABAI no longer needs to process the data for the intended purpose but the data subject needs it for the formulation, exercise or defence of claims.
  5. To refrain from performing data processing activities in certain cases, including for reasons related to the specific situation of the data subject in cases in which the legal basis of the processing is the public interest or the satisfaction of the interests of the data controller or a third party, where the purpose of the processing is for direct marketing, scientific or historical research, or statistical purposes.
  6. In cases in which the processing is based on consent or a contract and is performed by automated means, the User has the right to ask the data controller to transfer to the User the personal data under its control submitted by the data subject in a structured, commonly-used, machine-readable and interoperable format.

Furthermore, we notify you of your right to withdraw your consent with regard to the processing of your personal data, without that affecting the lawfulness of the processing based on the consent you gave prior to its withdrawal.

9.- How can I exercise the above rights?

If you wish to make use of any of your rights you may contact dpd@abaigroup.com, stating the right you wish to exercise and attaching a copy of your identity document. You may request that ABAI provide you with a form for you to complete.

Furthermore, at any time the User may contact the Data Protection Officer by post or by e-mail through the contact details provided above, without prejudice to the User’s right to file a complaint to the Spanish Data Protection Agency, either through its electronic office or to its address at Calle Jorge Juan, 6, 28001, Madrid.

More information about your rights may be found at https://www.aepd.es/es in the “Conoce tus derechos” [“Know your rights”] section of the “Reglamento” [Regulations”].

10.- Cookies and similar technologies.

We use different technologies, like our own and third-party cookies, to collect data automatically and to provide you with a better experience and service based on your browsing. For more detailed information on how we use cookies or how to disable them, please refer to the Cookie Policy.

11.- Privacy of minors.

For the use of the content and services provided through this website, we do not request consent to the processing of data of minors under 14 years of age. If necessary, the due consent of the holder of parental authority or guardianship will be requested.

However, we encourage the parents/guardians of minors under the age of 14 to familiar themselves with the website and to notify us of any operations involving the processing of the personal data of minors that they believe inappropriate.

12.- Access to third-party services.

This Privacy Policy does not apply to websites, services, or applications provided by third parties. Access to and use of the content and services provided by third parties accessible through this website will be subject to their respective privacy and cookie policies, which you must read and accept as applicable.

13.- Technical and organisational measures.

As controllers of the data provided by users, we are not liable for any possible data infringements. We inform you that in order to guarantee your rights and freedoms, we have taken the appropriate technical and organisational measures to ensure compliance with the requirements under the GDPR and thus to guarantee security of processing and the effective application of data protection principles.

  1. Amendments.

ABAI reserves the right to amend this website’s privacy policy to bring it into line with new laws, court judgements and industry practices.

Any amendments will be monitored and coordinated by our Data Protection Officer.

 ABAI will announce any significant changes, clearly indicating any amendments made sufficiently in advance and if necessary, requesting the User’s agreement.

15.- Training and expertise of the staff

To ensure compliance with all the principles of the data protection legislation, all ABAI staff required to process personal data in the performance of their duties receive continuous training in the management of data and confidential information.

Furthermore, there are internal data breach reporting protocols available to our staff.