ClarkeModet España PRIVACY POLICY

Identity of the data controller

ClarkeModet España, a company established under Spanish laws as Clarke, Modet y Cía. S.L., hereinafter ClarkeModet España.

Registered address and for notification purposes

C/ Suero de Quiñones, 34-36, 28002 MADRID,

CIF B-83049189

info@clarkemodet.com

Registered in the Companies Registry of Madrid, Volume 16695, Book 0, Sheet 96, Section 8, Page M-284972, Entry 1.

In compliance with the applicable data protection legislation, data processing that may be carried out is described below:

Marketing and commercial mailing

If you receive information by email related to ClarkeModet España’s activities, we inform you that ClarkeModet España shall use the data for the following purposes:

• To keep you informed of our activities and those of the companies forming the ClarkModet Group, as well as any other information related to Industrial and Intellectual Property, New Technologies and related rights or new services that we believe could be of interest to you
• To invite you to events organised by the Group
• To carry out surveys on the quality of the services we offer, as well as implementing loyalty programmes.

We inform you that ClarkeModet España can send you information about any of the companies that make up the Group if it believes that the information provided is of interest to you and as long as it is related to services of interest.

We inform you that we can keep you informed of our activities through any means provided by you or any other similar communication system, whilst always offering the possibility of unsubscribing from these mailings.

Data acquisition during events and other cases

If you have taken part in any event organised by ClarkeModet España or have been visited or contacted by professionals from ClarkeModet España, it is possible that you have given us your personal data, as well as your email address. In this regard, ClarkeModet España shall use your data to send you the information requested, as well to keep you informed of the Group’s activity for the purposes indicated in the previous section. Your image as an assistant to the event could be used by ClarkeModet España during the event and once concluded on the web and social networks of ClarkeModet España for the promotion of the company

Training and courses organised by ClarkeModet España

If you have requested to take part in any course organised by a company forming part of ClarkeModet España, we inform you that your data will be used to coordinate your course attendance, as well as to process, if necessary, the corresponding payment.

In both cases, we inform you that ClarkeModet España can send you information about any of the companies that make up the Group if it believes that the information provided is of interest to you and as long as it is related to services of interest.

Data regarding clients and suppliers

If you have provided your data as a contact person for a client or supplier company or as an individual entrepreneur, whether as a client or supplier for any company forming part of ClarkeModet España, we inform you that ClarkeModet España shall use the data to maintain the contractual relationship, there being the possibility of keeping you informed of the group’s activities as indicated in this privacy policy.

The data provided by the client or supplier as a result of maintaining the current contractual relationship extends to not only the information of the signatory of the contracts, proposals or quotes, but to all the personal data necessary to fulfil the contractual or pre-contractual relationship. In this regard, the client shall inform the same of these conditions, if considered appropriate, guaranteeing at all times that they have the necessary consents.

Information related to candidates

If you have provided your personal information as a potential candidate to form part of ClarkeModet España, we inform you that the information shall be used to manage your candidacy to form part of ClarkeModet España or one of the companies of the Group.

Data communication

ClarkeModet España does not send personal data to third parties, except when sending the data is necessary to provide the service, for example, personal data must sometimes be sent to industrial property agents and other partners located in different countries around the world in order to provide the service requested by the client.

There is also the possibility that the data must be published by official bodies in light of the registration of intellectual or industrial property rights.

Furthermore, ClarkeModet España can send your data to the other companies of the ClarkeModet Group in order to improve the quality of service, to inform you of new services and other information that may be of interest. On this website you can access the identity of the other companies that form part of the Group.

Similarly, ClarkeModet España can send personal data in compliance with its legal obligations to official bodies and other entities, the transfer of which is required in order to comply with the legislation in force.

Legal grounds for processing

We inform you that the legal grounds for lawful data processing is the consent given at the time and failing this, legitimate interest with regards to issues related to the mailings related to ClarkeModet España’s activities. Moreover, in the cases where handling is derived from the request for a service by the owner of the data, the legal grounds for processing shall be compliance with the contractual or pre-contractual relationship.

In any case, the owner can oppose the handling of the data at any time via the process indicated in this policy.

Data maintenance and storage

ClarkeModet España shall store the data provided while it maintains the contractual relationship that led to the processing thereof or for the years necessary to fulfil the legal obligations, attend to the duties that may be derived from the same and while the recipient does not exercise their right to suppress or oppose such processing.

Exercise of rights common to all personal data

The owner has the right to access, rectify, erase, oppose, limit the processing, portability and to lodge claims included in their rights by contacting the corresponding control authority. These rights can be exercised by writing to:

By ordinary mail:

ClarkeModet España

Attn. Data Protection Officer

C/ Suero de Quiñones, 34 – 36, Madrid 28002

By email:

dpo@clarkemodet.com

Duty to secrecy regarding data processing

At ClarkeModet España  we believe that confidentiality of information is an absolutely necessary element in providing services. Therefore, people who are involved in processing clients’ information and, therefore, also regarding data related to natural persons, and directly or indirectly access the data, shall follow at all times the secrecy relating to personal data they encounter when carrying out the activity.

Duty to Secrecy constitutes an obligation for the entire Group, the members of the leadership and management bodies, the people contracted under the provisions of Labour Law, professionals providing services contracted under the provisions of Commercial Law. It also involves an obligation for goods and services suppliers and their employees, Data Processors and their employees, those the Data Processor subcontracts and their employees.

The obligation to secrecy remains after the labour or commercial relationship established with the Group, who is the File Controller, has ended, as well as after the expiry of labour and commercial contracts and so on that link employees and/or professionals to the Data Processor and the suppliers that supply goods or provide services to the Group.

Except for companies belonging to ClarkeModet España  and for the purposes detailed above, and third parties that are necessary in order to provide the services, we do not sell, trade or transfer in any way your personal information to third parties. All members of ClarkeModet España value the privacy and protection of your personal information and we apply similar privacy policies.

Processing, if necessary, of data by ClarkeModet España as data processor. 

ClarkeModet España shall be considered the processor of personal data that is the responsibility of the client exclusively in the case where ClarkeModet España processes personal data that is the responsibility of the client, on behalf of the client and that is necessary for ClarkeModet España  to process, under instruction from the client and in order to fulfil the contractual relationship therewith and provided that these are stored on the ClarkeModet Group’s servers, undertaking to:

• Use the personal data object of processing, access or viewing, or those that must be obtained, solely for the purpose of the contracted service.
• Process the data according to the client’s instructions.
• Keep a record of activities.
• Maintain the duty to secrecy with respect to all the information, including personal data, to which it has had access pursuant to the present contracted service.
• Guarantee that the persons authorised to process personal data undertake to respect confidentiality and fulfil the corresponding security measures.
• Guarantee the necessary training in personal data protection of the persons authorised to process personal data.
• Inform the client of the requests for rights to access, rectify, erase, oppose, limit the processing and portability of the data that owners of the data can exercise against ClarkeModet España .
• Notify the client, without undue delay and through the email address or addresses indicated by the client, the security breaches of which it is aware and that can affect the personal data for which the client is responsible.
• ClarkeModet España  shall not send to, or allow access to the personal data for which the client is responsible, by third parties, except in legally admissible cases or when it needs to subcontract services from third parties in order to fulfil the contractual relationship with the client. In this case, ClarkeModet España shall sign the corresponding data processor contract with the subprocessor, who will observe the same conditions as those in the present document.
• Once the service provision that lead to the access, processing or viewing by ClarkeModet España of the personal data for which the client is responsible is concluded and, in any case, when the contractual relationship has ended, for any reason, ClarkeModet España shall destroy or return the data to the client. However, ClarkeModet España may keep a copy with the data duly redacted while responsibilities may still be derived from providing the service, for the sole and exclusive purpose of legal defence, internal audit and in order to fulfil their corresponding legal obligations.
• Maintain the necessary technical, operational and organisational security measures to guarantee continuous confidentiality, integrity, availability and resilience of the processing systems and services.ClarkeModet España shall have sufficient security measures to comply with the provisions of Art. 32 of the Regulation 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 (“Regulation”).
• Comply with all the obligations established in the Regulation.

Data security

ClarkeModet España has implemented the security measures required by the regulation on personal Data Protection in their work centres, offices, systems, communication infrastructures, etc. It has also adopted the logical, physical, organisational, contractual measures that prevent third parties from accessing the data without authorisation, and the destruction, modification, reproduction, disclosure, transmission or reuse of the same.

Despite this, whenever personal information is provided online, there is the risk, which is outside of our control, that third parties can intercept this information and use it. Even though we at ClarkeModet España strive to protect personal information and your privacy, we cannot guarantee the security of the information revealed online and under your responsibility.

Monitoring and modification of the privacy policy

The Privacy Policy established by ClarkeModet España is in force as of its date of publication on the corresponding website; the user can save and/or copy it. ClarkeModet España is authorised to modify its Privacy Policy and must notify the user.

Regarding the Blog and its services

Users must access and use the blog for the purpose for which it was created and, in particular, abide fully to the laws, morals, public order and the present Terms of Use. Specifically, Users undertake to access and use the blog in accordance with the following premises:

• The User shall not interfere with the correct operation of the blog;
• The User shall comply with any rules applicable to access and use of the Blog, including those affecting data access, processing and transmission;
• The User shall not use the Blog to send unsolicited emails or information or to promote or market, directly or via links, proprietary or third party goods and services whether free or in return for payment.
• The User shall not use the Blog to supplant a third party or impersonate another, and neither shall they use it to harass, abuse or defame or engage in acts of unfair competition.
• The User shall be the only person responsible for the opinions, comments, materials, information and/or data they include, send, transmit, exchange and use through the Blog and guarantees that said inclusion, sending, transmission, exchange or use does not infringe on any confidentiality agreement.
• If you, as a User, are accessing the Blog on behalf and in representation of your employer, you represent and warrant that you are authorised to accept these Terms of Use on behalf and in representation of your employer.