Privacy Policy for Distributor Clients
Data Controller
Data Controller: SMILEAT, S.L. (hereinafter, SMILEAT)
CIF: B-87.144.622
Postal address: Calle Gran Vía, 62, 5º D – 28013 Madrid
Email: info@smileat.com
Purposes of the processing
We will process your data for the purpose of managing the relationship entered into through this contract and, specifically, to:
(i) Management of the commercial and, if applicable, contractual relationship. For this purpose, SMILEAT may manage them by the means it deems appropriate.
(ii) Contract formalization. Delivery management. Management of the Help Center and after-sales service, with the aim of attending inquiries, inincidents, deliveries, orders, using the channels that SMILEAT deems appropriate (emails, phone calls, SMS, PUSH notifications, regular mail, etc.). Collection, accounting, tax, and administrative management. Attend to claim procedures before judicial or administrative bodies
(iii) Manage a secure relationship with our customers. Your data may be processed to carry out fraud prevention actions in contracting if evidence of fraud arises in the current contracting process, including the creation of a list enabled for this purpose.
(iv) Sending commercial communications. Provided that the requirements of the applicable regulations are met, your data may be processed to send you commercial communications about other SMILEAT products or services similar to those you have contracted, and you may object to this processing at any time.
(v) Sending advertising communications. Without prejudice to the above, provided you have expressly consented by ticking the boxes established for this purpose in the data collection forms, we will process your data to carry out promotional, advertising, or commercial actions and communications, by various means including electronic means, of products and/or services that we consider of your interest. We inform you that you can revoke your consent at any time through the automatic link that will be included for this purpose in the commercial communications you receive, if applicable, or by email addressed to info@smileat.com or to the postal address of SMILEAT. In the event that you express your wish that your data not be processed for the sending of commercial communications, SMILEAT informs you that you can register in advertising exclusion systems. For this purpose, you can consult the information published by the Spanish Data Protection Agency as the competent supervisory authority.
(vi) Statistics preparationWe may also process your data to prepare pseudonymized statistics and conduct quality surveys of our products and services to make improvements and marketing actions, previously authorized by the client and that do not involve profiling or developments.
Processing data for purposes other than those detailed above will require a legal basis or prior explicit consent in each case.
Legal basis for processing your data
The legal basis for processing your data for the purposes detailed in the previous section are as follows:
o (i) and (ii) Art. 6.1 b) GDPR: performance of a contract or to take pre-contractual measures; although handling claims before certain bodies or judicial authorities will be done in compliance with a legal obligation.
o (iii) Art. 6.1 c) GDPR: compliance with a legal obligation
o (v) (vi) Art. 6.1 f) GDPR: legitimate interest. We will also process data of natural persons and/or sole proprietors as necessary for the contract’s purpose, processing only the minimum data required for their professional contact and solely to maintain the relationship regarding the contract signed with the legal entity where the data subject works and/or provides services. The processing of their data based on legitimate interests will be carried out with the utmost rigor and respect for their privacy, rights, and freedoms; under no circumstances will it be used for purposes that undermine their rights in this regard.
o (iv) Art. 6.1 a) GDPR: consent of the data subject, which may be revoked at any time. The processing of your data for purposes established in the previous section and based on the consent requested from you may be revoked at any time, without the withdrawal of this consent affecting the execution of the General Terms and Conditions of Sale signed with SMILEAT.
Recipients
SMILEAT does not foresee data communications to third parties, except those required by legal obligation, which will be carried out in any case, complying with all legally established guarantees. In other cases, SMILEAT will request your explicit consent or another legal basis.
Without prejudice to the above, SMILEAT informs you that, exceptionally, your data may be processed by it or by third-party companies contracted by SMILEAT. In such cases, the corresponding contract will be signed between the parties, with the indispensable requirement for formalizing this contract being that the service provider is aware of the existing regulations on personal data protection and guarantees compliance during the contract's execution.
Processed data
The data processed by SMILEAT are as follows:
· Basic data: (Name, Surname, and DNI/NIE/CIF, signature).
· Contact details: Postal addresses, email addresses, and phone.
· Power of attorney data - position in the organization.
· Payment details: CCC.
· Payment method: Bank transfer.
No specially protected data is processed
Data Accuracy
You guarantee that the data provided is true, accurate, complete, and up to date, being responsible for any direct or indirect damage or harm that may be caused as a result of non-compliance with this obligation.
In principle, no international data transfers are planned. However, if SMILEAT's activity requires transferring your data to a third country outside the European Union or that does not have an adequate level of protection according to the European Commission, it will adopt appropriate safeguards to carry out such international transfers in accordance with applicable current legislation.
Rights
You can exercise the rights granted to you by the applicable current regulations: right of access, rectification, deletion, and objection, restriction of processing, data portability, and not to be subject to automated individual decisions.
- Access: allows the data subject to obtain information about whether SMILEAT processes personal data that concerns you or not and, in such case, the right to obtain information about your personal data under processing.
- Rectification: allows correcting errors and modifying data that is inaccurate or incomplete.
- Deletion: allows the data to be deleted and no longer processed by SMILEAT unless there is a legal obligation to retain them and/or other legitimate reasons for their processing by SMILEAT in accordance with current regulations.
- Restriction: under legally established conditions, allows the processing of data to be suspended, so that it is avoided by SMILEAT its processing in the future, which will only be retained for the exercise or defense of claims.
- Objection: allows the holder, under certain circumstances and for reasons related to their particular situation, to object to the processing of their data. SMILEAT will stop processing the data, except for legal reasons, or the exercise or defense of possible claims.
- Portability: allows the holder to receive their personal data and to transmit it directly to another controller in a structured, commonly used, and machine-readable format. To exercise this right, the holder must provide a valid email address.
You can exercise your rights by any means that allow proof of sending and receiving your request. The request must be addressed to SMILEAT through the data included in the "Data Controller" section indicating the reference "Data Protection." The request must include: Name, surname, the request specifying your application, and address for notification purposes. If there are doubts about your identity, any procedure that allows the person to be verified should be used, but without requiring a copy of the ID.
If you are not satisfied with SMILEAT's response to the exercise of your rights, you have the right to file a complaint with the Supervisory Authority, the Spanish Data Protection Agency, for their protection.
Without prejudice to the above, anyone has the right to obtain confirmation as to whether SMILEAT is processing personal data concerning them or not.
Data retention
SMILEAT informs you that it will process and store your data as long as necessary according to the purpose and legal basis of the processing for which they were collected, and provided that you do not object or expressly revoke your consent if that was the basis of legitimacy.
We also process your data to comply with applicable legal requirements, prevent unlawful actions, resolve disputes, solve problems, execute our contract, and other actions permitted by law.
We will keep your personal data during the legal retention periods, in accordance with the applicable current legislation and the general and sector-specific regulations applicable to SMILEAT.
Once the processing of your data is no longer necessary and the legal retention periods have expired, we will delete and/or block them according to our data retention and deletion policy.
According to industry standards, SMILEAT informs you that it maintains technical and organizational measures against accidental or illegal destruction, accidental loss or alteration, unauthorized disclosure or access, and other illegal forms or procedures.
In this regard, SMILEAT will adopt the appropriate security measures to prevent unauthorized alteration, loss, processing, or access to data. Likewise, it will inform those who have access to your data about their security, confidentiality obligations, and duty of secrecy.