Privacy and Data Policy

In accordance with LO 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, and with Regulation (EU) 2016/679 (General Data Protection Regulation) i, we inform you of the following aspects:

1. Who is the Data Controller?

Identity:	BENCHAMARK CAPITAL S.L.
CIF:	B91388611
Adderss:	C/ Corral del Rey; 7, 41001 Sevilla
Phone:	954 500 943
Email:	administracion[arroba]benchamark-capital.com
RM:	Tomo 4.018, folio 102, Hoja SE-59.231, inscripción 1ª en Sevilla

2. What personal data do we collect?

BENCHAMARK CAPITAL S.L., hereinafter "the company" or "this company", informs you that we collect information about you, specifically:

• Identification data such as your name, surname and ID Card or Passport,
• Postal or e-mail addresses, such as your e-mail address or postal address,
• Your login details when you access our applications and websites;
• Financial data (billing),
• Any other information necessary for the provision of our services and to respond to your requests.
• Our organisation does not process specially protected data.

If you want to know our Cookie Privacy, please visit: haciendadesanrafael.com/cookie-policy

 The categories of data processed are:

• Identification data.
• Postal or e-mail addresses.
• Personal characteristics.
• Financial data.
• Payroll, personnel and human resources data.
• Video surveillance.

Answering our questionnaires and providing us with personal data is not obligatory. However, refusal will result in the non-provision or impossibility of accessing the service for which they were requested. Likewise, data may be provided voluntarily so that the services offered can be provided in the best possible way.

 

3. For what purpose do we process your personal data?

Your data will be collected exclusively for specified, explicit and legitimate purposes and will not be further processed in a way that is incompatible with these purposes. They will be processed in a lawful, fair and transparent manner in relation to the data subject.

In accordance with the regulations, we identify the purpose and legal basis applied for the processing of such personal data in the following table:

 

	Purpose	Legal Basis
1	Enforce contracts to which you are a party.	We consider that it is in our legitimate interest that our contracts are properly performed and in the defence of our rights where appropriate.
2	Administrar su cuenta personal.	Manage your personal account.
3	Responder a las solicitudes de clientes sobre determinados productos y servicios.	Answering customer requests for specific products and services.
4	To send you commercial information about our products and services.	We consider it in our legitimate interest to keep our customers informed about our products and services, as it helps us to ensure the sustainability and development of our activities.
5	Administer promotional offers, contests or other promotional events.	This processing is based on your consent.
6	Answer requests and complaints from our web pages.	This processing is based on your consent.
7	Comply with any applicable law, court order, legal process or the requirements of a regulatory authority.	This processing is necessary to comply with our legal obligations.
8	To enforce our legal rights and obligations and for any legal proceedings involving you, brought by or against you.	We believe that it is in our legitimate interest to protect our organisation against the breach of a legal obligation incumbent upon it and in the defence of our rights in the event of litigation.
9	Protect the rights of third parties.	This processing is necessary in order to comply with the legal obligations to which our organisation is subject. This processing is also necessary for the legitimate interests pursued by our company. We consider it to be in our legitimate interest to ensure that our activities do not violate the rights of third parties.
10	In anticipation of and/or in connection with a commercial transaction such as a merger, acquisition, restructuring or sale and purchase.	We believe it is in our interest to be able to make informed decisions about the future of our company in order to preserve and develop our business activities.
11	Fulfil the legal obligations to employees arising from the employment contract.	Fulfilling a legal obligation
12	Development of the work activities of our employees.	Performance of a contract
13	Time Control	Legal obligation and legitimate interest of the company to ensure that its internal policies on the organisation of working hours, shifts, etc. are respected.
14	Video-surveillance	Fulfilment of a mission in the legitimate interest of ensuring the security of persons, property and installations in the processing of images.

 

4. How long will we keep your data?

The personal data provided will be retained for the duration of the contractual relationship and for the expiry of the legal periods that apply according to the regulations.

Data Type	Time
Video-surveillance.	1 month
Fiscal, Tax and Working Time Control (DL 8/2019).	4 years
Personal actions without special time limit (Art. 1964, Código Civil).	5 years
Accounting books, Invoices (Art. 30, Código de Comercio)	6 years

 

5. What are your rights?

The current privacy rules give you the following rights in relation to your personal data. Information about each of these rights is set out below:

- Withdrawal of consent. You may withdraw your consent to any processing of personal data based on your consent at any time. In no event shall the lawfulness of the processing prior to the withdrawal of your consent affect such processing.

- Access. You may ask us to confirm whether we process your personal data and to inform you about the nature of such processing, to allow you to access such data and to provide you with a copy of such data.

- Rectification. You may ask us to rectify or supplement inaccurate or incomplete personal data.

- Cancellation (right to be forgotten). You can ask us to erase your personal data in the following cases: when it is no longer necessary for the purposes for which it was collected; you withdrew your consent; you objected to the processing of your personal data; your personal data have been processed unlawfully; or to comply with a legal obligation. Please note that in some cases, we are not obliged to comply with your request, especially if the processing of your Personal Data is necessary to comply with a legal obligation or for the establishment, exercise or defence of our interests in relation to legal claims.

- Limitation. You may ask us to restrict the processing of your Personal Data (i.e. to keep, but not use your Personal Data) where the accuracy of your Personal Data is in question; the processing may be unlawful, but you do not wish it to be erased; it is still necessary to establish, exercise or defend legal claims; to verify the existence of compelling grounds following the exercise of your right to object. We may continue to use your Personal Data following a request for restriction, where: we have your consent; to establish, exercise or defend legal claims; or to protect the rights of another natural or legal person.

- Portability. You may request that we provide your Personal Data to you in a structured, commonly used and machine-readable format, or you may request that it be 'transferred' directly to another data controller. This right may be exercised where the processing is based on your consent or the performance of a contract with you and the processing is carried out by automated means.

- Right to object to processing justified on grounds of legitimate interest. Where processing is based on a legitimate interest (see section 3), you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims.

In order to comply with the principle of transparency, you may request access to the legitimate interest assessments that our organisation has drawn up to monitor that our interests do not override the data subject's rights and freedoms.

- Right to object to the processing of data for marketing purposes. Where we process your personal data for direct marketing purposes, you have the right to object to such processing at any time.

You also have the right to lodge a complaint with the Spanish Data Protection Agency if you consider that the processing of your Personal Data is in breach of applicable law.

In accordance with Article 12.5 of the GDPR, where requests are manifestly unfounded or excessive, due to their repetitive nature, we may charge a reasonable fee based on the administrative costs incurred in providing the information or communication or carrying out the requested action.

6. To which processors will your data be disclosed?

We may share your personal data with different types of processing companies, depending on our needs:

- External providers of other services (maintenance, hosting, payments, logistics, marketing services, etc.), for the purposes described in section 2 above;

- Our professional advisers such as lawyers and managers, auditors;

- Governmental or regulatory authorities with competence in the matters dealt with;

- Professional insurers or any other relevant insurers;

- Regulatory bodies, AEAT and TGSS, Commercial Registry; and

- Banking entities.

- State security forces (Guest Registration book)

Please note that this list is not exhaustive and that there may be other instances where we share your data with third parties, where it is in the legitimate interest of our company, permitted by applicable law, or where it is necessary to comply with a legal obligation to which we are subject.

In this context, your personal data may be transferred outside the European Economic Area (EEA) to countries that have been declared adequate and/or to countries that do not offer an equivalent level of protection for your personal data to that enjoyed in the EEA, such as the United States. In the absence of an adequacy decision by the European Commission, the transfer of your personal data to these countries will be governed by standard contractual clauses adopted by the European Commission.

7. How did we obtain your data?

The personal data that we process at THIS COMPANY have been obtained by various means of communication:

- Forms on this website, Forms, or on paper,

- telephone calls,

- email,

- Other travel and accommodation fare search web or app platforms,

- Postal or electronic messaging,

- personal interviews,

- Publicly accessible sources,

- have been hand-delivered by you on various media.

- video surveillance cameras.

 

8. What security measures do we apply to your personal data?

We are committed to keeping your personal data secure. We have implemented appropriate security policies, technical and organisational measures to protect your information from: unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.

All our partners, employees, consultants, employees, and data processors, who have access to and/or process your personal data are obliged to respect your confidentiality.

9. Contact details for exercising your rights

If you have any questions, comments, or concerns about the management of your Personal Data or about this Policy, please contact us at the e-mail address indicated in point 1 of this document. You should indicate in the reply which right you wish to exercise.

In order to verify the ownership of the applicant's data, it will be necessary to attach a copy of the ID of the person interested in exercising their rights.

          

10. Changes in this privacy policy

The terms of this Privacy Policy may be modified at any time. For example, to comply with new requirements that may be determined by applicable law, technical requirements or good business practices. We will notify you in the event of any significant changes to it.