WHAT IS A COOKIE?

Cookies are text files that contain small amounts of information downloaded to the user’s device when they visit a website. Their main purpose is, on the one hand, to recognize the user each time they access the website, displaying it according to the established browsing preferences. Additionally, where applicable, cookies are used to analyse user navigation and deliver personalised advertising.

GENERAL INFORMATION REGARDING THE USE OF COOKIES EXCEPTED FROM CONSENT

n accordance with current legislation, any website using cookies must provide clear and complete information about the purpose or purposes of these cookies. It is mandatory to obtain express consent from users before downloading them, except for what is referred to as “excepted cookies,” for which obtaining consent is not required (meaning they are exempt from consent).

Exempted cookies include:

• Technical or essential cookies: These enable user navigation through a website, platform, or application and the use of various options or services available, such as controlling traffic and data communication, identifying the session, accessing restricted access parts, remembering items in a shopping cart, completing the order process, managing payment, controlling fraud linked to service security, making a registration or participation request in an event, counting visits for software license billing purposes, using security elements during navigation, storing content for video or sound dissemination, enabling dynamic content (e.g., loading animation of text or image), or sharing content through social networks in cases where the user has decided to remain logged in. Cookies that allow for the most effective management of advertising spaces, as part of the design or “layout” of the service offered to the user by the editor on a website, application, or platform, also fall into this category by their technical nature.
• Exempted customization cookies: These cookies allow remembering information so that the user accesses the service with certain characteristics that can differentiate their experience from that of other users. Examples include language preferences, the number of results to show when the user performs a search, the appearance or content of the service based on the type of browser through which the user accesses the service, or the region from which the user accesses the service, etc.

The use of the remaining cookies – that is, those not exempted – entails the obligation to inform and obtain the express consent of the user before their download.

COOKIES NOT EXEMPT FROM CONSENT

Cookies can be classified based on various criteria. From a legal standpoint, as explained in the previous section, there are exempted and non-exempted cookies. Other classification criteria consider the type of cookie management (first-party or third-party), activation time (session cookies and permanent cookies), or the purpose of the cookies.

The classification of non-exempted cookies based on purpose is particularly relevant. From this perspective, non-exempted cookies can be:

• Non-exempted customization cookies: These allow the user to access the service with some general characteristics that are not based on an option exercised by the user.
• Analytical cookies: Whether used by the site owner or third parties, these cookies allow measurements of user activity for statistical purposes.
• Behavioural advertising cookies: These enable the most effective management of advertising spaces that the editor may have included in a website, application, or platform providing the requested service. These cookies store information about user behavior obtained through continuous observation of their browsing habits, allowing the development of a specific profile for displaying advertising based on it (personalized advertising).
• Plugin cookies: Cookies used by external content providers’ plugins are necessary for the user to access previously requested content or services, such as viewing videos hosted on YouTube, geographical locations on Google Maps, connecting with social networks, etc. These cookies are governed by the respective cookie policies of external providers.

By clicking on social media plugins included on a website, your browser will connect to the corresponding social network server, allowing the social network provider to know which website the user came from when accessing the social network site. If you wish to prevent this linking, you should log out of the social network website before visiting any other site.

WHAT TYPE OF COOKIES DOES THIS WEBSITE USE?

INFORMATION ON INTERNATIONAL DATA TRANSFERS

This website uses the Google Analytics tool, which is a web analytics service based on information obtained through analytical cookies. Within the European Union, this service is provided by Google Ireland Limited. Currently, international data transfers to the United States directed to Google LLC and its subsidiaries are guaranteed by their inclusion in the list of participants in the EU-USA Data Privacy Framework agreement.

HOW TO CONFIGURE YOUR PREFERENCES IN RELATION TO COOKIES?

If the user has accepted the use of one or more types of non-exempted cookies, they can change their settings at any later time by rejecting or disabling their use through the website’s cookie settings box. Similarly, the user can allow, block, or delete cookies installed on their device by configuring the options in the browser installed on their computer.

In any case, it should be noted that if the user chooses to block or delete cookies, we may not be able to retain their preferences, and some features of the website may not be operational. It is possible that we may need to request authorization for cookie usage again.

Please be aware that if you accept third-party cookies, you will need to delete them through the browser options or through the system provided by the third party.

For more information on how to disable cookies from browsers, please refer to:

Microsoft Edge: edge://settings/privacy

Mozilla Firefox: https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-sitios-web-rastrear-preferencias

Google Chrome: https://support.google.com/chrome/answer/95647?hl=es

Safari: http://support.apple.com/kb/ph5042

Opt out cookies: Many online advertising companies provide “opt-out cookies” to users. “Opt-out cookies” are cookies created by advertising companies to allow users to block and prevent other companies from installing third-party advertising cookies. “Opt-out cookies” are specific to a server, so they only block cookies from a particular company. For a more generic blocking, users should configure cookies through their browser settings.

• Opt-out de Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=None
• Opt-out de Google (publicidad comportamental): http://www.google.com/settings/ads/

BASIC INFORMATION

COMPANY NAME:  AZKOYEN, SA

COMPANY ADDRESS: Avda. San Silvestre s/n, 31350, Peralta (Navarra-España)

TELEPHONE / FAX: +34 948 709 709 / +34 948 709 720

REGISTRY ENTRY: Companies Register of Navarra, volume 327 general, 174 of section 3 of the Companies Book, page 19, sheet no. 3378

TAX ID / NIF.: A-31065618

DEPT: responsableseguridad@azkoyen.com

Purpose of the website and general conditions of use

AZKOYEN, SA makes this Website available to Internet users in order to promote its own image and to provide information on its products and services.

The purpose of these general conditions of use is to regulate both the provision of information and the relationship between AZKOYEN, SA and the users of the portal.
In the event that you do not agree to be bound by the conditions reflected herein, please do not use this Website.

Right of modification

AZKOYEN, SA may, at any time and without prior notice, modify these conditions by publishing such modifications on the Website so that they may be made known to the users.

Intellectual and industrial property

All the contents shown on the website “www.azkoyen.com” and, in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial designs or any other signs that could be used for industrial and business purposes are subject to the intellectual or industrial property rights of AZKOYEN, SA or, where appropriate, of third party owners who have duly authorised their inclusion on the website.

With regard to the contents of this website, under no circumstances shall it be understood that any licence is granted or that any waiver or transfer of rights is made, either in full or in part, in matters of intellectual and industrial property.

Only the establishment of links to the home page of the website is authorised.
The use of “framming”, “deeplinking” or similar techniques is expressly prohibited.

User obligations

In general terms, the user is obliged to comply with these conditions of use and, where appropriate, with the specific conditions that may apply, as well as to comply with the special warnings and instructions contained herein or elsewhere on the website, and to act at all times in accordance with the law, good practice and the requirements of good faith, using the diligence appropriate to the nature of the service, abstaining from using the website in any way that could prevent, damage or deteriorate the normal operation of the website, the goods or rights of AZKOYEN, SA of its suppliers, partners, users or, in general, of any third party.

The user undertakes, when using this website, as well as in the provision of services, by way of example but without limitation, to:

• In the event that forms are used, to provide truthful data.
• Adequately safeguard the access codes that may be provided by AZKOYEN, SA, undertaking not to allow their use by third parties, assuming responsibility for any damages that may arise from their improper use.
  Similarly, the user undertakes to inform AZKOYEN, SA as soon as possible of the loss or theft of the information, as well as of any risk of access to the information on the access system by a third party.
• Do not use false identities, nor impersonate others in the use of the website, including the use of passwords or access codes of third parties or in any other way.

Exclusion of guarantees and liability

Access to the website may occasionally be suspended or restricted to allow for repairs, maintenance or the introduction of new equipment or services. AZKOYEN, SA will make reasonable efforts to limit the frequency and duration of such suspension or restriction. However, it may suspend, withdraw or partially or totally cancel the contents and services not subject to any specific contract at any time and without any need for prior notice.
The above provision will not affect those services specifically contracted by registered users which will be governed by their corresponding contractual conditions.

The Internet connection, necessary to access the service, is under no circumstances provided by AZKOYEN, SA. The user is informed that data communications over open networks are not secure, and that it is the responsibility of the user to adopt all appropriate technical measures to reasonably control the risks and avoid possible damage to their equipment, loss of data and theft of confidential information. For this reason, you must have up-to-date malware detection systems, as well as up-to-date security patches for the respective browsers you use.
For more information you can contact your Internet Service Provider.

AZKOYEN, SA shall not be liable for any damages that may arise from, but not limited to:
(i) Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the users’ computer equipment and apparatus, caused by reasons not attributable to AZKOYEN, SA, which prevent or delay the provision of services or browsing within the system; (ii) Delays or interruptions in use caused by deficiencies or overloading of the Internet or other electronic systems; (iii) That may be caused by third parties through interference not attributable to AZKOYEN, SA; (iv) The impossibility to provide the service or allow access for reasons not attributable to AZKOYEN, SA, whether due to the user, third parties or cases of force majeure.

The links contained on this website may lead to the websites of third parties.
AZKOYEN, SA does not assume any responsibility derived from the connection, content, information or services that may appear on such sites, which will be of an exclusively informative nature and which in no case imply any relationship between AZKOYEN, SA and the persons or organisations that own such content or the owners of the sites where they are located.

Applicable legislation and jurisdiction

The terms and conditions governing this website and all relationships that may arise are governed by Spanish law and are under Spanish jurisdiction.

WHO IS THE CONTROLLER OF YOUR PERSONAL DATA?

The personal data that is provided when interacting with Azkoyen, S.A. (NIF A-31065618), whether through the corporate websites or within the scope of a contractual or pre-contractual relationship with said company, will be processed by them in their capacity as Data Controller.

WHAT IS THE BASIC LEGISLATION APPLICABLE IN SPAIN REGARDING THE PROTECTION OF PERSONAL DATA?

In the private sector, the basic regulations that apply are:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the General Protection of Personal Data (GDPR).
• Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).

FOR WHAT PURPOSE AND ON WHAT LEGITIMATE BASIS DO WE PROCESS YOUR PERSONAL DATA?

Within the scope of commercial relations, Azkoyen, S.A. will process personal data for the following purposes and legitimate reasons:

• Management of requests for general corporate information, as well as information about our products and services. Basis of legitimacy: express consent of the data subject linked to the sending of a query (art. 6.1 a) GDPR).
• Formalisation and execution of commercial contracts (purchase and sale, distribution, maintenance services, software licensing, etc.): the processing of the professional contact data of the people involved in the formalisation and execution of contracts (whether they refer to individual entrepreneurs or to people acting as representatives or managers of the legal entities to which they provide their services) shall be processed by Azkoyen on the basis of legitimate interest (art. 6.1 f) GDPR and 19.1 LOPD-GDD).
• The fulfilment of legal obligations in tax, accounting and administrative matters arising from the contractual relationship established with the data subject. Legal basis for legitimacy: fulfilment of legal obligation (Art. 6.1 c) GDPR).
• Analysis of IoT records from devices manufactured by Azkoyen and linked to retail outlets the owners of which are natural persons (individual entrepreneurs). It should be emphasised that this is essentially aggregated information and that in no case does Azkoyen process personal data relating to end users/consumers. Basis for legitimacy: execution of contract (Art. 6.1 b) GDPR).
• Management of the complaints channel as part of the implementation of the Azkoyen, S.A. criminal compliance programme with Legal basis for legitimisation: existence of legitimate interest (art. 6.1 f) GDPR) in relation to article 31 bis 1b) of the Criminal Code.
• Sending of Azkoyen, SA marketing information to its own customers, by any means (including electronic communications) about products and/or services similar to those previously purchased. Legal basis: Legitimate interest (Art. 6.1.f) GDPR.
• In the event of obtaining an express consent, the sending of marketing information, by any means, including electronic, by other Azkoyen Group companies and, where appropriate, by third parties that have signed a commercial collaboration agreement with Azkoyen, S.A. Legal basis for legitimisation: Consent of the data subject (Art. 6.1 a) RGPD).
• In the event of express consent, interaction with social networks in which Azkoyen, S.A. has a user profile (Linkedin, Facebook and Twitter). Legal basis for legitimacy: Consent of the data subject given through the use of the “social buttons or plugins” (Art. 6.1 a) GDPR).
• In the event of consent to the use of analytical and/or advertising cookies, information will be collected about the browsing habits on our website in order to measure activity on the site and, where appropriate, to send personalised advertising. + cookie policy info Basis of legitimacy: Consent of the data subject (Art. 6.1 a) GDPR).

Within the context of relations with job candidates, Azkoyen, S.A. may process personal data included in the CVs it receives directly or through the e-Preselec platform or other similar platforms. The purpose of this processing is to manage the personnel selection processes and the candidate pool. Basis of legitimacy: application of pre-contractual measures at the request of the data subject (Art. 6.1 b) GDPR), express consent of the data subject linked to the fact that the CV has been submitted (art. 6.1 a) GDPR).

Furthermore, based on the existence of legitimate interest (art. 6.1 f) RPD), Azkoyen may carry out due diligence checks to verify the veracity of the qualifications, certifications and other relevant employment information included in the CVs provided.

TO WHOM WILL WE COMMUNICATE YOUR PERSONAL DATA?

Your personal data may be provided to external ancillary service providers, with access to personal data, engaged by Azkoyen, S.A., such as IT service providers with access to personal data (technical/computer maintenance service providers, cybersecurity, hosting), environmental management companies, accountancy firms, administrative agencies, personnel recruitment companies, advertising and marketing companies and other auxiliary service providers who will act as data processors under the instructions of Azkoyen, S.A.

The purchase of our products and services will normally be carried out through our distribution network. Your personal data will therefore be passed on to the official distributor nearest to your headquarters/work centre and, where applicable, to the transport or courier companies hired to deliver the products.

If you give your express consent, your data may be transferred for marketing purposes to the other companies of the Azkoyen Group and to organisations that have signed a marketing partnership agreement with Azkoyen, S.A.

Where legally applicable, your data may also be disclosed to public administration bodies, auditors, notaries, legal experts, lawyers, solicitors, courts and tribunals and law enforcement agencies in the performance of their duties.

HOW LONG WILL WE KEEP YOUR PERSONAL DATA?

Your personal data will be kept only for as long as is necessary to fulfil the purpose for which it was collected. In this regard, when your personal data is no longer necessary for the fulfilment of these purposes, it will be deleted. However, they may be blocked beforehand, remaining exclusively at the disposal of Judges, Courts, Public Prosecutors’ Offices or the competent Public Administrations, in particular the personal data protection authorities, for the purpose of dealing with possible liabilities deriving from the processing and only for the applicable statutory period.

• The personal data obtained through the contact form will be kept only for the time necessary to deal with the request for information.
• The personal data obtained through the registration form during personnel selection processes will be kept while these processes are open and for a maximum period of three years after their inclusion in the recruitment pool.
  They will then be blocked/deleted, except in the case of candidates who are finally recruited and whose CVs will be included in the employment file in which case the data protection policy applicable to the employment domain will apply.
• Personal data obtained through the complaints channel will be kept in the system of that channel for a maximum period of three months, after which the data will be deleted or made anonymous, without prejudice to the fact that in the event of an investigation the data may be processed in the information system of those assigned the functions of control and compliance.
• Personal data relating to business transactions with customers and suppliers operating as self-employed persons, as well as data relating to the legal and commercial representatives of customers and suppliers will in all cases be kept for the duration of the contractual relationship and for six years after its termination, and this period may be extended for as long as the limitation period for legal proceedings is applicable.
• Personal data of a professional nature that has been included in databases for commercial purposes will be retained unless we are informed of your objection or if we are informed that the data has become out of date or if the database is purged.

WHAT SECURITY MEASURES WILL BE APPLIED TO YOUR PERSONAL DATA?

The processing of the personal data provided will be carried out applying the necessary physical, logical and organisational security measures to prevent the loss, improper use, alteration and unauthorised access to the data, taking into account the state of technology, the nature of the data and the risk analysis carried out.

Furthermore, Azkoyen carries out its business activities in accordance with a management model based on continuous improvement, in line with the ISO 27001 standard.

WILL THERE BE INTERNATIONAL TRANSFERS OF PERSONAL DATA?

Azkoyen has two corporate Data Processing Centres (DPC) which are located in Navarra (Spain). International transfers of personal data, i.e. outbound transfers of personal data from the EU to territories or international organisations outside the European Economic Area (EEA), may occur only in certain cases.

In cases where this applies, Azkoyen will always ensure that one of the following conditions is met: (i) an Adequacy Decision exists which attests to an adequate level of protection (ii) standard clauses have been drawn up in accordance with the Commission’s Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the international transfer of personal data to a third country (iii) neither of the above two conditions applies, but one of the exceptions set out in art. 49 GDPR is applicable. In this regard, it should be clarified that some Azkoyen services involve the hosting of personal data in the Microsoft Azure cloud, which entails transfers of personal data to the United States, which, following the cancellation of the Privacy Shield, cannot rely on the formalisation of standard clauses, so until the EU and the United States reach a new agreement, it is necessary to resort to the application of the exceptions of Art. 49 RGPD; and more specifically in the application of the conditions established in Art. 49.1 b) and c) GDPR:

“b) the transfer is necessary for the performance of a contract between the data subject and the controller or for the performance of pre-contractual measures adopted at the request of the data subject;

1. c) the transfer is necessary for the conclusion or performance of a contract, in the interest of the data subject, between the controller and another natural or legal person.”

 HOW CAN YOU EXERCISE YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA AND CONTACT OUR DATA PROTECTION OFFICER?

To revoke the consents granted, where applicable, as well as to exercise the rights of access, rectification, deletion, opposition, limitation, portability and non-submission to automated individual decisions, you may send a written request to:

AZKOYEN, SA

Avda. San Silvestre s/n, 31350, Peralta (Navarra-Spain)

responsableseguridad@azkoyen.com

If the data subject considers it opportune, they may contact our Data Protection Officer (DPO) via the same e-mail account shown above, as well as submit the appropriate claim for the protection of rights to the Spanish Data Protection Agency.

OBLIGATORY OR OPTIONAL NATURE OF THE DATA REQUESTED

The obligatory data in each form are identified as such by means of an asterisk (*). The refusal to provide such information will prevent communication with the user and, if applicable, the impossibility to provide the requested information and/or service.