Welcome to the Privacy Policy of the Elecnor Group (hereinafter, Elecnor). In this document you will find information of interest regarding how Elecnor processes your personal data and the rights you are entitled to under 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 and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
I. Identification and contact details of the data controller
The companies of the Elecnor Group, which are equally affected by this Privacy Policy, are listed below:
| COMPANY | NIF | REGISTERED OFFICE |
ELECNOR SERVICIOS Y PROYECTOS, S.A.U
| A-79486833
| Calle Marqués de Mondéjar, 33. Madrid
|
ÁREA 3 EQUIPAMIENTO DISEÑO E INTERIORISMO, S.L.U.
| B-85779494
| Calle Maestro Alonso, 21-23. Madrid
|
HIDROAMBIENTE, S.A.U.
| A-48581904
| Calle Mayor, 23 E 1º. Guecho (Vizcaya)
|
| ELECNOR, S.A. | A-48027056 | Calle Marqués de Mondéjar, 33. Madrid |
APLICACIONES TÉCNICAS DE LA ENERGÍA, S.L.U. (ATERSA)
| B-62618442
| Parque Industrial Juan Carlos I. Avenida de la Foia, 14. Almussafes (Valencia)
|
INTERNACIONAL DE DESARROLLO ENERGÉTICO, S.A.U. (IDDE)
| A-28458008
| Calle Orense, 4. Madrid |
JOMAR SEGURIDAD, S.L.U.
| B-19168582
| Calle Francisco Medina y Mendoza, nº 17-A. Cabanillas del Campo (Guadalajara)
|
EHISA CONSTRUCCIONES Y OBRAS, S.A.U.
| A-50119569
| Calle Doctor Aznar Molina, 15-17. Zaragoza
|
AUDECA, S.L.U.
| B-33302696
| Calle Marqués de Mondéjar, 33. Madrid
|
ELECNOR SEGURIDAD, S.L.U.
| B-83680132
| Calle Marqués de Mondéjar, 33. Madrid
|
Elecnor is one of the leading global corporations in the development, construction, and operation of projects through two major businesses that complement and enrich each other: Infrastructure and Concessions.
You can contact Elecnor through the following channels:
- In person or by postal mail addressed to the headquarters located at Paseo de la Castellana 81, 20th floor, 28046 Madrid.
- By email addressed to lopd@elecnor.com
- Through the different means of contact with the headquarters and branch offices defined on the website: https://www.elecnor.com/donde-estamos
II. For what purpose do we process your personal data and on what legal basis?
Your personal data will be processed by Elecnor for the purposes and in accordance with the legal bases indicated below:
a. For security reasons, there are security cameras that record access to our facilities. In this case, the legal basis for processing is Elecnor's legitimate interest in keeping its facilities secure.
b. Customers and contacts. We process our customers' data for their administrative and accounting management and for conducting satisfaction surveys. The legal basis that legitimizes this processing is the execution of the contract and the legitimate interest linked to commercial and business relations, marketing, and quality management.
c. Suppliers. We process our suppliers' data to manage the contracted services and their economic-administrative management, as well as to conduct satisfaction surveys. The legal basis that legitimizes the data processing is the execution of the contract and the legitimate interest linked to commercial and business relations and quality management.
d. Recruitment. We process candidates' data to manage selection processes for job positions at Elecnor, based on the consent of the data subject.
e. Access control. We process data of individuals visiting our facilities based on the legitimate interest in the security of the facilities and the control of people visiting Elecnor at any of our buildings and offices.
f. External staff. We process data of subcontracted individuals or those belonging to a contractor based on compliance with a legal obligation, specifically Law 31/1995 of 8 November on the Prevention of Occupational Risks.
g. Code of Ethics. We process data through our internal whistleblowing channel in compliance with a legal obligation, specifically Organic Law 1/2015 of 30 March, which amends Organic Law 10/1995 of 23 November of the Criminal Code.
In addition to the aforementioned processing operations, certain companies belonging to the Elecnor Group carry out specific operations. Enerfín Sociedad de Energía, S.A. processes personal data for the management of land lease and easement contracts with individuals based on the execution of a contract to which the data subject is party. Elecnor, S.A. processes personal data of its shareholders in compliance with applicable legal obligations, and Aplicaciones Técnicas de la Energía, S.L. processes personal data for the sale of products to individuals through the website and the sending of commercial communications related to the products offered therein, based on the execution of the contract and the consent of the data subject.
Furthermore, Elecnor carries out other processing operations related to human resources management that are not detailed in this Privacy Policy.
III. Veracity of the data subject's data and mandatory nature of the information provided
In relation to all data you communicate to us, you guarantee its authenticity and also undertake to keep such information updated so that it corresponds at all times to your real situation, being solely responsible for any false or inaccurate statements made and the damages caused thereby to Elecnor.
IV. Recipients
We may share your data with other Group companies, which can be consulted on the website under the "Group Websites" section, for administrative and commercial management purposes. We inform you that on some occasions Group companies are located outside the European Economic Area, and therefore, international transfers of your data may occur. In this regard, Elecnor has established appropriate procedures to guarantee the proper processing of your personal data.
Likewise, we share your data with third-party service providers who process data on behalf of Elecnor, with whom we have established the terms and requirements for using personal data in a contract. At Elecnor, we follow strict selection criteria for service providers in order to comply with our data protection obligations.
On the other hand, we inform you that we will transfer your data to Public Administrations to comply with legal obligations affecting certain processing operations. Outside of these cases, we will not transfer your personal data to third parties, unless it is necessary to comply with an applicable legal obligation.
V. How long do we keep your personal data?
The personal data you provide us will be kept for the time necessary to fulfill the purpose for which they are collected and, in cases where there could be other possible liabilities, they will be kept for the strictly necessary time according to the legal basis that legitimizes those processing operations.
Likewise, we inform you that your data may remain blocked by Elecnor to handle judicial, administrative, or tax claims, for the periods legally determined by each applicable regulation.
VI. What are the rights of the data subjects?
We inform you that you may exercise the following rights:
Right of access. The right to request at any time that we confirm whether we are processing your personal data, to provide you with access to them and to information about their processing, and to obtain a copy of said data.
Right of rectification. The right to request the rectification of inaccurate, outdated, or incomplete personal data concerning you.
Right to erasure (Right to be forgotten). The right to request the erasure of your personal data when, among other reasons, the data are no longer necessary for the purposes for which they were collected. However, this right is not absolute, meaning Elecnor may continue to keep them duly blocked in the cases provided for by applicable regulations.
Right to restriction of processing. The right to request the restriction of the processing of your personal data when the accuracy, legality, or necessity of the processing is doubtful, in which case we may retain the data for the exercise or defense of claims.
Right to data portability. The right to have your data transmitted to another data controller in a structured, commonly used, and machine-readable format. This right applies when the processing of your personal data is based on consent or the execution of a contract and said processing is carried out by automated means.
Right to object. This right allows you to object to the processing of your personal data, including profiling. Elecnor may decline your right to object only when it demonstrates compelling legitimate grounds for the processing or for the establishment, exercise, or defense of claims.
Right not to be subject to automated decision-making, including profiling. This right allows you not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Except when such decision is necessary for entering into or executing a contract, is authorized by law, or is based on consent.
Right to withdraw consent. In cases where we have obtained your consent for the processing of your personal data in relation to certain activities, you may withdraw it at any time.
Such rights may be exercised free of charge by the data subject, and where applicable by their representative, by means of a written request addressed to the company's registered office indicated in the first section or by a request via email to: lopd@elecnor.com. Likewise, you can contact our Data Protection Officer at the indicated email address.
The request must include a copy of your DNI (ID card) or other equivalent identification document, as well as the minimum content stipulated by applicable regulations:
- First name and surname of the data subject, photocopy of their national identity document, passport, or other valid document that identifies them.
- The specific request in which the application is materialized.
- Address for notification purposes, date, and signature of the data subject.
- Supporting documents for the request being made.
Elecnor reminds the data subject that they have the right to lodge a complaint with the Spanish Data Protection Agency (AEPD) or the corresponding supervisory authority if they do not agree with the response received regarding their rights.
VII. Personal data processed by Elecnor
For the purposes established in this Privacy Policy, Elecnor collects and processes the personal data detailed below:
- Identification data: first name, surname, DNI (ID number), date of birth, image.
- Contact details: postal address, email, landline phone number, mobile phone number.
- Professional and training data: data relating to the curriculum vitae (resume).
- Contractual and labor data: those legally necessary to formalize a contract.
- Images: image recording on the facilities' security cameras.
- Tax and financial data.
VIII. Mechanisms for collecting your personal data
Elecnor collects and processes personal data that you voluntarily provide:
- When maintaining a telephone conversation and other types of written communications or by electronic means.
- When signing a contract or authorization.
- Through security cameras.
- Through both paper and electronic forms.
- When filing a claim.
- Through third parties with whom Elecnor maintains contractual relationships.
IX. What security measures do we have implemented?
Elecnor is committed to complying with its obligation of secrecy regarding the personal data it processes.
Elecnor has implemented the necessary technical and organizational security measures to guarantee the security of your personal data and prevent its alteration, loss, and unauthorized processing and/or access, taking into account the state of technology, the nature of the stored data, and the risks to which they are exposed, whether from human action or the physical or natural environment, in accordance with the provisions of applicable regulations.
X. Links
Elecnor's website may include hyperlinks to other sites that are not operated or controlled by Elecnor. Therefore, Elecnor does not guarantee, nor is it responsible for, the legality, reliability, usefulness, veracity, and timeliness of the contents of such websites or their privacy practices. Please, before providing your personal information to these third-party websites outside of Elecnor, bear in mind that their compliance with data protection may differ from ours.
XI. Modification of the Privacy Policy
Elecnor may modify its Privacy Policy in accordance with the applicable legislation at any given time. We recommend that each time you visit our website, you consult the Privacy Policy to know at all times how Elecnor processes your personal data.
XII. Data retention policy
The purpose of this section is to set forth the terms of the retention policy for personal data concerning the processing operations identified in the RAT (Record of Processing Activities).
For this purpose, the concepts of erasure and blocking of personal data will be taken into account. The GDPR understands erasure, on one hand, as part of the personal data life cycle—that is, the moment in the data's life when processing by the data controller ends; and, on the other hand, as the exercise of a right that the data subject can request from the controller. On the other hand, the LOPDGDD understands data blocking as the technical and organizational measure to prevent the processing of personal data, except for making said data available to judges and courts, the Public Prosecutor's Office, or competent Public Administrations for the enforcement of potential legal liabilities and only for the limitation period thereof. Blocking may consist of generating backup copies of the database that are duly controlled regarding their generation date and equipped with appropriate security measures.
The data retention policies referred to in this Annex are those necessary to comply with the provisions for the life cycle of personal data as required by Art. 30, paragraph f) of the GDPR on the Record of Processing Activities relative to the time limits envisaged for the erasure of data.
To develop the data retention policies, Recital 39, Article 6 paragraph 3 of the GDPR, and Article 32 of the LOPDGDD have been taken into account.
XIII. Candidate selection data
| DATA TYPOLOGY | RETENTION PERIOD IN RELATION TO THE PURPOSE | LEGAL BASIS | RETENTION PERIOD FOR COMPLIANCE WITH LEGAL OBLIGATION | LEGAL BASIS |
| Data relating to individuals who are selected | During the period of time that the employment relationship lasts, since the personal data are included in the employee's personnel file. | Contractual relationship | Not applicable | |
| Data relating to individuals who are not selected but have granted their consent and form part of the database | During the period of time that the selection process lasts and subsequently for 3 years unless they update their data, in which case the period is renewed. | Consent | Not applicable | |
XIV. Human Resources Data
| DATA TYPOLOGY | RETENTION PERIOD IN RELATION TO THE PURPOSE | LEGAL BASIS | RETENTION PERIOD FOR COMPLIANCE WITH LEGAL OBLIGATION | LEGAL BASIS |
| Affiliation, registration, deregistration, and contribution documents. IT logs or media through which the corresponding data proving compliance with the aforementioned obligations have been transmitted. | During the period of time that the employment relationship lasts to register the worker and manage their Social Security contributions. | Compliance with contractual and legal obligations (Art. 6.1.b and c GDPR) | 4 years from the termination of the contract to prove compliance with obligations regarding affiliation, registration, and deregistration, as well as contribution documents and IT logs or media. | Article 21.1 LISOS |
| Payslips | During the period of time that the employment relationship lasts | Compliance with contractual and legal obligations (Art. 6.1.b and c GDPR) | 4 years from the termination of the contract to prove payment of wages. | Article 21.1 LISOS |
| Employment contracts | During the period of time that the employment relationship lasts | Compliance with contractual and legal obligations (Art. 6.1.b and c GDPR) | 4 years from the termination of the contract to demonstrate compliance with labor obligations. | Article 21.1 LISOS |
| Daily working hours log | During the period of time necessary to manage and verify the worker's working day. | Compliance with legal obligations (Art. 6.1.c GDPR) | 4 years | Article 34.9 of the ET (Workers' Statute) |
| Geolocation associated with the clock-in moment (ancillary verification data) | 90 days. | Legitimate interest of the employer in the control of labor activity and PRL (Art. 6.1.f GDPR in relation to Art. 20.3 ET) | The working hours log is kept for 4 years | Article 34.9 ET |
| Geolocation in the Kyros application (assigned vehicles) - detailed route data for professional use | During the time necessary for professional management and responding to legal liabilities (2 years) | Legitimate interest of the employer, civil liabilities, traffic offenses, and the correct allocation of usage and control of corporate assets (Art. 6.1.f GDPR and Art. 20.3 ET) | There is no specific legal obligation | Article 32 LOPDGDD |
| Geolocation in the Kyros application (assigned vehicles) - aggregated data (km, duration, sections) used for payroll processing | During the time necessary for payroll processing and validation of remuneration concepts | Execution of the employment relationship and compliance with legal obligations (Art. 6.1.b and c GDPR) | Documentation associated with payroll and labor/fiscal obligations: up to 4 years | Article 21.1 LISOS |
| Geolocation in Pocket Mobile (route optimization, appointment management) | During the time necessary for the operational management of routes and services (maximum 24-72 hours) | Legitimate interest of the employer (Art. 6.1.f GDPR) | There is no specific legal obligation | Not applicable |
| Tax documentation | Until the submission and closure of mandatory tax returns. | Compliance with legal obligations | 4 years from the day following the end of the period for submitting the corresponding tax return or self-assessment | Article 66 of the LGT (General Tax Law) |
XV. Occupational Risk Prevention Data
| DATA TYPOLOGY | RETENTION PERIOD IN RELATION TO THE PURPOSE | LEGAL BASIS | RETENTION PERIOD FOR COMPLIANCE WITH LEGAL OBLIGATION | LEGAL BASIS |
| Fitness reports derived from medical check-ups. | During the period of time that the employment relationship lasts to guarantee the monitoring of the worker's health and adequate risk prevention | Compliance with legal obligations LPRL (Occupational Risk Prevention Law) | Not applicable | Not applicable |
| Risk Assessments, Preventive Planning, and preventive activity | During the period of time that the employment relationship lasts | Compliance with legal obligations LPRL | Not applicable | Not applicable |
| Occupational accidents and occupational diseases | During the period of time that the employment relationship lasts | Compliance with legal obligations LPRL | Not applicable | Not applicable |
| Geolocation in the PRP application | During the time strictly necessary for the management of preventive activity (completion of check-lists before performing a specific job) (maximum 30-90 days) | Legitimate interest of the employer (Art. 6.1.f GDPR in relation to Art. 20.3 ET) | There is no specific legal retention obligation | Not applicable |