Privacy Policy

PRIVACY POLICYLENER PRIVACY POLICY & LENER APPLICATIONS

1. INFORMATION ON DATA PROTECTION

Through this Privacy Policy (hereinafter Privacy Policy),), LENER ASESORAMIENTO EMPRESARIAL, S.L.P., with corporate headquarters at Paseo de la Castellana, No. 23, Esc. 1-1º Piso, 28046, Madrid and with Fiscal Identification Code (CIF) no. B-02977957, registered in the Commercial Registry of Madrid, volume 18,373, folio 158, eighth Section, page M-318670, first registration, is the owner (hereinafter “LENER”) and administrator of the domain name www.lener.es (“the Website or Web Page”).

By means of this Privacy Policy, we try to explain to you who is the controller of your data, the purpose for processing your personal information, as well as the various legitimations and legal bases for the processing, the possible recipients of your data, why the data are collected, and the set of laws that assist you in controlling at every moment the data that you provide to us. If you have any doubt related to the processing of your personal data, you can contact us at the following e-mail: privacidad@grupolener.es

We inform you that by browsing through our Website, by using our computer applications and/or by communicating electronically with us, personal data will be collected and processed in your condition as user of our Web Page (hereinafter User), for example, personal data of the User are collected in order to receive information of the different legal services described in our Website. The processing of these data will be regulated by this Privacy Policy.

Minors cannot make use of the services available through our Web Page, without the mandatory and prior authorisation of their parents or guardians or legal representatives, who will be the only ones responsible for any act carried out in this Website by the minor in their care.

LENER informs you that it assumes the responsibility of complying with the legislation in force on the subject of data protection, both national and European, in accordance with the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 related to the protection of natural persons with regard to the processing of personal data and to the free movement of these data and which repeals the Directive 95/46/EC (hereinafter the General Regulation on Data Protection), and in conformity with the Organic Law 3/2018, of 5 December, of Personal Data Protection and guarantee of digital rights (hereinafter LOPD), and it will process your data transparently, lawfully, loyally and proportionately.

LENER undertakes to keep your personal information protected and that it will not be used in any improper way.

2. WHO IS THE CONTROLLER OF YOUR DATA?

The controller of the processing, according to the definition of the European Regulation, is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing”.

In the present case, the controller of the processing of your data is LENER ASESORAMIENTO EMPRESARIAL, S.L.P.

The User ensures to the LENER, and third parties the quality of the information that he provides to us at any time in which he decides to send us information for the request for information on our legal services, so that the personal data that he sends to us and the information supplied must be real, true and fully updated, and he must guarantee that these data and information belong to the User and not to third parties outside the User, responding towards the LENER for the certainty and quality of the personal data supplied, with the supply of false or non-updated data being prohibited. We ask that you communicate to us in the shortest time possible any modifications or rectifications of your personal data that occur by sending an e-mail to the address privacidad@grupolener.es 

3. WHAT ARE THE PURPOSES OF THE DATA PROCESSING?

LENER informs you that the personal data supplied by the User through, for example, electronic communication with us, will be processed for the purpose of:

1. 1. Facilitating the management of the information on our services, which can be requested by the Users through the contact opportunities that are deployed in our Website, with the purpose of managing the posed consultations, as well as permitting the proper functioning of the Website. Your data can be processed in case you are interested in the provision of the legal services that may be requested through this Web Page.
2. 2. Provision of the contracted legal or economic counselling service, as well as carrying out the proper management of the contractual relationship; in case personal data are requested for the provision of the services made available through the Web Page, the Users will be duly informed of the conditions and purpose of their processing.
3. 3. Keeping the client punctually informed on the legal services provided and any news on them.
4. 4. Keeping the client punctually informed through the sending of communications of an informative nature, on services and legislative news of interest for the client, informative or promotional circulars, of those of marketing, on information of interest regarding events organised by the LENER , either through the sending of electronic communications or through non-electronic communication means.
5. 5. The LENER has implemented in its Web Page a section dedicated to personnel and candidate selection, specifically in the URL: https://www.lener.es/talento-personas/ .

In this space, the opportunity is given to any interested party who considers that his professional objectives adapt to the objectives and present and future candidacies of the LENER , to send their curriculum vitae by e-mail to the following address: seleccion@lener.es.

In particular, the LENER informs the users and candidates interested in sending their CV, through the proper electronic communication, as controller of the processing, that it will process the information that they send us for the purpose of managing the requested personnel selection process and the management of the request of their candidacies to the present and future selection processes that are active in our organisation and that fit with their profile, as well as the management of contacting the concerned party as an employment candidate.

We inform you that your refusal to supply us with your CV and your minimum contact data will signify that you cannot participate in present or future selection processes in our organisation. LENER thanks you for your interest in joining our team and, having granted your consent, we will preserve your CV during the informed period for the purpose of contacting you to offer you a position according to your professional profile, with the legal basis for this processing being the execution of the request for participation in a present or future selection process, the legitimate interest and your prior consent, which we inform you can be revoked at any time.

4. WHAT IS THE LEGITIMATE BASIS FOR THE PROCESSING OF YOUR DATA?

LENER informs you that the bases that legitimise our processing will vary according to the purposes for which we have collected your data:

1. If the purpose is that of managing any consultation posed about our legal services, the legal basis for processing your data will be the legitimate interest of the LENER to respond to your requirement and requests for information made through the Web Page by the User.
2. If the purpose is that of providing the contracted legal or economic counselling, as well as complying with the appropriate managing of the contractual relationship, and to keep you informed punctually on the legal services provided and any news on them, the legal basis for the processing will be the legitimate interest and the contractual relationship for the provision of the legal or economic counselling service that you requested, even when it is free.
3. If the purpose coincides with keeping the client punctually informed through the sending of informative communications about services and new legislation of interest for the client, informative, promotional or marketing circulars, information on events organised by the LENER, the legitimising basis for the processing will be the client’s consent.
4. In this case, you have the right to withdraw your consent at any time, although the withdrawal of the consent will not affect the legality of the processing based on your consent prior to its withdrawal. In the eighth (8) section of this Privacy Policy, you have available to you the simple mechanism for revoking or withdrawing your consent, for the purposes specified in this point (iii).
5. Particularly in the case that the purpose is based on the management of the personnel selection, the legal basis for processing will be the consent by the candidate for his inclusion in the database of candidates for employment.

5. WHAT INFORMATION DO WE COLLECT?

5.1 WHAT INFORMATION DO WE COLLECT FROM YOUR VISIT TO OUR WEBSITE?

At the LENER we collect and store limited personal information, always based on the principle of minimisation of data. We collect data, either because you as the interested party supply the information to us actively or you are browsing in our Website. The IP protocol address is collected from your device, also data on the program that you are using as browser, your operating system, the date and time of access, the web address through which you accessed our Website.

We inform you that this information is used to know the technical resilience of our systems with regard to the traffic, the loading time of our website and the number of visitors. It is al tool for verifying in real time the correct functioning of our Website service, for the purpose of improving its performance and offering at all times a better service to our Users.

5.2 WHAT INFORMATION DO WE COLLECT IN THE REST OF THE SITUATIONS AND PURPOSES?

At the LENER we collect and store limited personal information, always based on the principle of minimisation of data. In any case, we collect and process the following data:

1. If the purpose is that of managing any consultation posed about our legal services: identifying data, name, surname, contact e-mail address, identifying contact data, professional postal and electronic address, professional telephone number.
2. If the purpose is the provision of the contracted legal or economic service, as well as complying with the appropriate management of the contractual relationship, and to keep you informed punctually on the legal services provided: identifying contact data, including DNI, professional postal and electronic address, professional telephone number, date of birth, passport number, information on the position held in the company’s governing body. Identifying information related to your visits to our installations. Information related to invoicing and payment, tax and fiscal data. Information related to the employment condition, and duties carried out. Handwritten signature. Digital signature. Bank account number and other data necessary for the prevention of fraud, and legally required information on the subject of money laundering. Data of special categories: in certain cases in the course of the provision of the legal or economic services requested by you, the LENER can assume your legal and technical representation for you as well as for your organisation in legal matters or disciplines that may require collecting, accessing and processing data of special categories, under the terms established in Article 9 of the GDPR (that is, information that reveals your ethnic or racial origin, political opinions, religious or philosophical convictions, or union membership, or the processing of genetic data, biometric data aimed at identifying a natural person unambiguously, data related to health, or related to sexual life or orientation of a natural person). For example, the Lener can access special categories of data under the expressed terms, in case s of provision of legal services related to tax matters, or of Social Security, or in the cases of the assumption of the legal direction in the legal defence of his interests or those of his company or organisation.
3. If the purpose coincides with keeping the client punctually informed through the sending of informative communications about services and new legislation of interest for the client, informative, promotional or marketing circulars, information on events organised by the LENER , only your identifying contact data and your e-mail or postal address will be collected and processed.
4. If the purpose is based on the management of personnel selection, we will collect your identifying data, photograph and DNI, as well as curricular data, which have to do with your academic training and professional experience, as well as others that the candidate includes voluntarily in his CV.

6. PRESERVATION OF YOUR DATA

We preserve the data while there is a contractual relationship with the User or client and/or during the time necessary to process any request for information with respect to our legal services, or while you do not exercise your right of deletion, cancellation and/or limitation of the data processing in the cases where the purpose coincides with keeping the client punctually informed through sending informative, promotional or marketing communications on services and legislative news of interest for the client, informative circulars, information on events organised by the LENER .

For the management of your consultations posed through our Website, the LENER in any case will proceed to preserve the data until the your request for information is fully resolved. Once transpired the retention period that may be applicable, we will safely destroy your personal data in accordance with the applicable laws and regulations. If your data are blocked or pseudonymised, your information will be maintained without being used or any processing being performed on it while this information may be necessary for the exercise of claims or that could be derived from any type of judicial, legal or contractual liability of its processing that must be tended and for whose reason it is necessary to proceed to its recovery.

In particular, with regard to the preservation of the personal data of those interested in forming part of our organisation who participate in a selection process and send us their CV, we inform you that the period for keeping the data will be that necessary in accordance with the purposes specified above, until the award of the position requested by you or until you exercise a right of cancellation, in any case, the maximum period of preservation will be two (2) years, after which it will be cancelled.

In any case, if more specific information is needed on the data preservation periods or of our data preservation policies, you can contact us through privacidad@grupolener.es .

7. WHO MAY RECEIVE YOUR DATA?

The data provided by the User, may be communicated to the following companies, on the basis of legitimate interest, and with the sole purpose of fully and particularly meet your request for information by an entity specializing in legal services specifically related to your request for information. The companies that may be recipients of your personal data, as the case may be, are the following: LENER ASESORAMIENTO EMPRESARIAL, S.L.P. (with registered address at Paseo de la Castellana, Núm. 23, Esc. 1-1º Piso, 28046, Madrid and C.I.F. B-02977957), Asigno Servicios Integrales de Recuperación de Créditos (with registered address at Paseo de la Castellana, Núm. 23, Esc. 1-1º Piso, 28046, Madrid and C.I.F. B-85.736.023), Lener Administraciones Concursales, S.L. (with registered office at Paseo de la Castellana, Núm. 23, Esc. 1-1º Piso, 28046, Madrid and C.I.F. B-85.736.023), Lener Administraciones Concursales, S.L. (with registered office at Paseo de la Castellana, Núm. 23, Esc. 1-1º Piso, 28046, Madrid and C.I.F. B-86.598.968), Lener Corporate Finance, S.L. (with registered office at Paseo de la Castellana, Núm. 23, Esc. 1-1º Piso, 28046, Madrid and with C.I.F. B-86.978.566), Tax Master Gestión, S.L. (with registered office at C/Colón, 12, 4ª, 36201, Vigo and with C.I.F. B-36.972.867)."

In particular, the LENER informs the parties interested in a selection process that for the management of their candidacies, their data can be communicated to the other companies mentioned defined above, on the legal basis of legitimate interest of the LENER, since the LENER carries out the selection process for the set of the other companies mentioned through a personnel selection tool, so that if the person concerned is eventually selected, the essential data of the candidate will be communicated to the company for which the selection has been made, always in compliance with it of its legal obligations and those that are related to his professional career.

We also inform you that in these same cases, when your data are provided with the aim of participating in a present or future selection process, your data can be accessed by those suppliers who provide services to the LENER such as content hosting services. LENER has signed the corresponding processing assignment contracts with each of the suppliers that provide services with the objective of ensuring that these suppliers will process your data as established in the current legislation. No international transfers of the data of the persons interested in participating in a selection process will be made.

Lastly, we inform you that both the personal information of Users and of the persons interested in participating in a selection process will be available to the Public Administrations, Judges and Courts, for the attention of possible claims arising from the processing of your data.

8. HOW TO COMMUNICATE WITH THE LENER AND EXERCISE YOUR RIGHTS?

The LENER has undertaken the firm commitment with the fundamental right to personal data protection and to the privacy of its Users. For this reason, the data that may be collected by us, through this Website, will only be processed for the purpose requested by the User, and not for any other aim.

The LENER, informs you regarding the rights that assist you as an interested party and User that you have full control over the set of data that you supply to us.

Specifically, the Users and the persons interested in participating in a selection process can exercise the following rights without any cost:

1. Right of access to your personal data to know which are being processed and the processing operations carried out;
2. Right of rectification of any inaccurate personal datum;
3. Right of deletion of your personal data, whenever it is possible;
4. Right to request the limitation of the processing of your personal data when the accuracy, legality or the need for processing is doubtful, in which case they can be preserved for the exercise or defence of your claims.
5. Right to portability of your personal data, when the enabling legal basis for their processing includes the legitimate interest.
6. Right to revoke your consent at any time:

We particularly inform you in accordance with the GDPR that if you have given your consent for the compilations, processing and/or transfer of your personal data, you have the right to totally or partially withdraw your consent. In order to withdraw your consent and proceed to the revocation, in each message that you receive, for example with a promotional or marketing nature or one of information or regarding an event promoted by our organisation you can send an electronic communication to privacidad@grupolener.es .

Once we have received the notification and the instructions that you have withdrawn your consent, we will no longer process your information for the purposes revoked by you. The withdrawal of the consent to receive promotional or marketing communications will not affect the processing of personal data for the provision of our legal services.

You can exercise your rights free of charge, at any time, addressing a communication to Lener Grupo Asesor, S.L., Paseo de la Castellana, Núm. 23, Esc. 1-1º Piso, 28046, Madrid – SPAIN, or sending an electronic request along with a photocopy and/or scanned copy of the requesting party’s DNI through the electronic address [privacidad@grupolener.es] indicating the right you want to exercise along with your identifying data.

You will also have the right to present a claim before the Spanish Data Protection Agency, either through the electronic site of its web portal (www.agpd.es), or else by writing to its postal address (c/ Jorge Juan, 6, 28001 - Madrid).

 

9. PROTECTION OF YOUR INFORMATION: SECURITY MEASURES

The LENER has adopted the technical and organisational measures necessary to ensure the security and integrity of the data, as well as to avoid their alteration, loss, or unauthorised processing or access. The access services to information are executed in a secure environment, using protection protocols on the communicated data. The secure server establishes a connection so that the information is transmitted in encrypted form. The User can verify that he is within a secure environment if a closed padlock appears on the status bar of his browser. This mechanism allows the User to verify the identity of the owner of the website with which the data are interchanged.

The LENER undertakes to protect your personal information. With the aim of safeguarding the security of the personal data, we inform you that LENER has adopted the technical and organisational measures necessary to ensure the IT security of the supplied persona data, including, among others:

• The pseudonymisation and encryption of personal data when applicable.
• The capacity to ensure the permanent confidentiality, integrity, availability and resilience of the systems and processing services.
• The capacity to restore the availability and the access to the personal data rapidly, in case of physical or technical incident.
• Regular verification, evaluation and valuation processes of the effectiveness of the technical and organisational measures to ensure the processing security.

The LENER is proactively and especially involved in and committed to the security and confidentiality of your data and personal information. Therefore, the, LENER has adopted different security measures and technical means to achieve a high level of security, as well as to protect the security, confidentiality and privacy of your personal data.

10. UPDATING OF THIS PRIVACY POLICY

The LENER reserves the right to revise and update this Privacy Policy, at least every six (6) months, or else when any modification takes place in our processes or any concordant regulation becomes applicable on the subject of data protection. In case that we have your e-mail address or SMS, we will send you full information on the changes that occur in this Privacy Policy. Whenever it is legally necessary we will proceed to renew your consent, so that you confirm to us that you agree and grant your consent to the changes or update made.

The information of this Privacy Policy has been updated on 20 June 2018.

11. CONTACT WITH THE LENER

You can contact the LENER for any issue that is of interest to you in relation with this Privacy Policy or for any reason, through our client assistance service or you can send an e-mail to the DATA PROTECTION OFFICER OF THE LENER, at the e-mail address dpo@grupolener.es or through the address privacidad@grupolener.es

12. APPLICABLE LAW AND JURISDICTION

The LENER informs you that the relationship maintained with the User of this Website, or with any other candidate interested in forming part of our organisation will be governed by the current Spanish Law and any dispute will be submitted to the Courts and Tribunals of the city of Madrid.