Privacy Policy
The purpose of this privacy policy is to provide information about the protection of personal data on the website www.ofesauto.es and the Social Networks (hereinafter, the “Website”), owned by the SPANISH MOTOR INSURERS’ BUREAU (hereinafter “OFESAUTO” or “the Entity”), so that You may freely and voluntarily decide whether you wish to provide the Entity with the personal data we may require from you or may obtain from you in connection with your access to and use of the Website or the Social Networks.
At OFESAUTO we believe in and stand up for the importance of the security of personal data and of your privacy, and therefore, in accordance with the legislation in force, the Entity undertakes to adopt the necessary technical and organisational measures to ensure that your data are processed in a lawful, fair and transparent manner.
This privacy policy is and will be adapted to the Spanish and European legislation in force at any given time on the protection of personal data. Specifically, it complies with the following rules:
- 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).
- Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
1. DATA CONTROLLER
Who will process your personal data?
In accordance with the GDPR and the rest of the legislation applicable to the protection of personal data, the Entity informs you that the personal data provided on the Social Networks, as well as to complete and send queries or forms published on this website or accident declaration forms, will be incorporated into the corresponding record of processing activities owned by the data controller.
The controller of the personal data is:
Company name: OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES
Registered office: C/ SAGASTA 18 -7TH FLOOR 28004, MADRID
Tel.: 91 446 03 00
Tax ID (CIF): G28075240
Registration: Register of Associations, Group 1, Section 1, National Number 4346.
Domains: https://www.ofesauto.es/
Data Protection Officer (DPO): ofesauto@ofesauto.es
- PURPOSE
For what purpose do we process your personal data? And why are we entitled to process it?
The only personal data to which the Entity will have access will be those that the User provides voluntarily.
In this regard, the User should be aware that, in order to access some of the services offered through the Website, they will be asked for personal data and to complete forms whose fields are compulsory, so that the omission of any of them may make it impossible to register, or to deal with their request or to access or use the aforementioned services and content, except where the form itself includes fields that are voluntary.
Where the data provided refer to third parties (natural persons other than the User), the User guarantees that they have obtained and hold the prior consent of those parties for the communication of their data and that, before providing the data, they informed them of the purposes of the processing, the communications and the other terms set out in the section Information on Data Protection.
The User declares that they are of legal age. Likewise, should any data provided while browsing the website relate to minors, as the minor’s father, mother or guardian, the User expressly authorises the processing of such data, including, where applicable, health data, for the management of the purposes detailed in the information on data protection.
Users are also informed that OFESAUTO has created a profile on the social networks Twitter and LinkedIn, with the main purpose of publicising its products and services.
In compliance with the legislation in force on data protection, we inform you that, by accepting this Privacy Policy, the User agrees that their personal data may be processed by the Entity for the purposes arising from the object of its Articles of Association, which can be consulted on the website, and specifically for the following purposes. Users are also advised to consult the Privacy Policies of the Social Network at all times, and to configure their profile so as to safeguard their privacy.
Processing for contractual purposes
Personal data will be processed mainly for the purpose of facilitating, expediting and fulfilling the commitments established between the two parties, and specifically for the:
- Management of accident files: Managing information in order to guarantee assistance to victims of road traffic accidents between vehicles of different nationalities, handling and managing both requests for information and claims for compensation, whether for accidents occurring in Spain or for accidents occurring abroad.
- Management of requests and queries, whether or not you have had an accident, or queries about how your motor insurance works abroad or what to do in the event of an accident in Spain involving a foreigner.
- Management of training: processing of data for the purpose of managing the training courses delivered in order to resolve questions relating to the international dimension of motor insurance.
- Management of your data in connection with the various search tools available on the Website, such as, for example:
- Search for the entity competent to handle claims.
- Find a representative
- Send a Claim
- Find out the nationality of a vehicle from its registration plate.
- Management of OFENET and INTRANET: to manage the services requested and the accident files, providing the necessary documentation through those channels following authentication with the password you have chosen, which will be confidential and non-transferable, allowing you to log in securely.
- Management of competitions and promotions: in relation to the Social Networks, OFESAUTO reserves the right to run competitions and promotions in which users who have joined its page may take part. The rules of each of them, when the Social Network platform is used for this purpose, will be published on that platform. Furthermore, please note that the Social Network used does not sponsor, endorse or administer any of our promotions in any way, nor is it associated with any of them.
Processing for the purpose of complying with a legal obligation
At OFESAUTO, we are bound by various regulations, including the Ministerial Order of 26 July 2017, which develops our functions in detail, and the provisions contained in the Regulation on Compulsory Civil Liability Insurance for the Circulation of Motor Vehicles (Art. 21) RD 1507/2008 (BOE 13-09-2008), to process your data in order to comply with the obligations they lay down.
Green Card
In this regard, OFESAUTO is the Spanish National Green Card Bureau. The system known as the “Green Card” is designed to assist international vehicle traffic and to guarantee assistance to victims of road traffic accidents between vehicles of different nationalities.
Its functions as such for the management of the Green Card are set out in the General Regulations of the Council of Bureaux.
In this regard, OFESAUTO will process your personal data to handle both requests for information and claims for compensation, whether for accidents occurring in Spain or for accidents occurring abroad.
Exercise of the rights of data subjects
We are entitled to process your data when you exercise any of the rights afforded to you under data protection law, as this is necessary for compliance with data protection obligations, specifically in the area of attending to the rights of data subjects, in accordance with Articles 12 to 22 of the aforementioned Regulation and Articles 12 to 18 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
Processing for the purpose of legitimate interest
OFESAUTO processes personal data on the basis of its legitimate interest in improving the efficiency and productivity of its activity in order to carry out surveys and handle claims and complaints in accordance with the existing quality regulations.
Unless you have told us, or tell us otherwise, we will send you updates and information about products or services similar to those you already use, such as courses, or regarding regulatory changes that may affect you; with regard to Social Media, OFESAUTO will use it to advertise its products and services and, in any event, if it decides to process your contact details to carry out direct commercial prospecting actions, it will always do so in compliance with the legal requirements of the LOPD and the LSSI-CE. In this case, OFESAUTO’s legitimate interest is based on keeping its users informed and up to date.
Recommending the page of the SPANISH MOTOR INSURERS’ BUREAU (OFESAUTO) to other users so that they too can enjoy the promotions or keep up with its activity shall not be considered advertising.
Below is the link to the privacy policy of each Social Network:
Twitter: https://twitter.com/privacy
Linkedin: http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv
Processing based on your consent
When you provide your personal data as a User, using the contact email address or the web form provided for that purpose, to make any request or enquiry, you expressly consent to our processing your data in order to deal with your service requests.
Consent to the processing of your personal data is given by ticking the corresponding boxes provided for that purpose on the web forms, for the purpose of managing the comments you make on the blog, which will be published on the website.
It also covers the processing of your personal data when you take part in the blog and submit comments that may be published on the official website, as well as when you use the online assistant, in order to respond to the questions or requests you make through it.
Likewise, when you accept by ticking the corresponding box on any web form provided for that purpose, including subscription to the newsletter, so that we can periodically send you electronic communications about services, events and news related to our activity, unless otherwise indicated or unless the user objects or withdraws their consent.
As mentioned, OFESAUTO has created a profile on the social networks Instagram, Facebook, Youtube, Twitter and Linkedin, with the main aim of advertising its products and services.
By joining our page, you give us your consent to process the personal data published on your profile, and OFESAUTO will therefore carry out the following actions:
- Access to public profile information.
- Publication on the user’s profile of all the information already published on the page of the SPANISH MOTOR INSURERS’ BUREAU (OFESAUTO).
- Sending personal and individual messages through the social media channels.
- Page status updates, which will be published on the user’s profile.
Users can always control their connections, delete content that no longer interests them and restrict who they share their connections with. To do so, they should go to their privacy settings.
2. SOCIAL MEDIA
Once the user has joined the OFESAUTO page, they may publish on it comments, links, images or photographs or any other type of multimedia content supported by the Social Network. In all cases, the user must be the owner of such content, hold the copyright and intellectual property rights, or have the consent of the third parties concerned. Any publication on the page, whether texts, graphics, photographs, videos, etc., that offends or is liable to offend against morality, ethics, good taste or decorum, and/or that infringes, violates or breaches intellectual or industrial property rights, the right to one’s own image or the Law, is expressly prohibited. In such cases, OFESAUTO reserves the right to remove the content immediately and may request that the user be permanently blocked.
OFESAUTO shall not be held responsible for content freely published by a user.
The user must bear in mind that their publications will be seen by other users, so they themselves are primarily responsible for their own privacy.
Images that may be published on the page will not be stored in any file by OFESAUTO, but they will remain on the Social Network.
3. TYPE OF DATA AND CATEGORY OF DATA SUBJECTS
The personal data that may be processed will be the minimum necessary for the purposes indicated above, namely:
- Name, surname(s), NIF (tax ID number), address and contact details (email, telephone and/or mobile). Bank details, as well as images.
- Health data: regarding the information in the injury report from the relevant hospital, health centre or doctor, insurers’ expert assessments and everything relating to the proceedings in the corresponding court files for the purpose of handling the claim for compensation.
- The SPANISH MOTOR INSURERS’ BUREAU (OFESAUTO) has access to and processes the user’s public information, in particular their contact name. These data are only used within the Social Network itself. They are not incorporated into any file.
4. DATA QUALITY
The accuracy of your data is important and they must be kept up to date.
The web User and the recipient of the services provided shall be solely responsible for the truthfulness and accuracy of the data supplied, with The Entity acting in good faith as a mere service provider.
It is therefore important that the data provided are true, accurate and lawful, and The Entity reserves the right to exclude from its services any users who have provided false data, without prejudice to any legal action that may be taken. You undertake to report any changes to your personal data so that The Entity can keep them up to date at all times.
5. DATA RETENTION
For how long will we keep your personal data?
OFESAUTO will keep the personal data provided for as long as necessary while the relationship between the parties or the service provided lasts and, for commercial purposes, for as long as you do not exercise your right to object, or request erasure or restriction, as applicable.
Once these periods have elapsed, the data will be deleted, except for those data which, in compliance with a legal obligation imposed on the controller, must remain duly blocked for the period of time established by each applicable regulation.
6. DISCLOSURE OF DATA TO THIRD PARTIES AND INTERNATIONAL DATA TRANSFERS
Who will we disclose your data to?
As a general rule, The Entity will not disclose Users’ data to third parties except where legally required. However, in order to provide the services correctly, The Entity may need to disclose certain personal data to third parties that provide services to it, exclusively for the proper operation of those services.
In any case, these data disclosures will be made under a data processing arrangement with such third parties for the provision of services to The Entity.
In this regard, The Entity will have the corresponding data processing agreements in place with the third parties that process or access the personal data for which The Company is responsible, in compliance with the provisions of Data Protection legislation.
Furthermore, no transfer of Users’ data to third countries is planned, but should this become necessary, OFESAUTO guarantees that it will comply with the provisions of the GDPR, obtaining and requiring adequate safeguards from the third country or international organisation.
7. USE OF COOKIES
Browsing the Website and Social Media means that we will process your personal data to personalise your experience and remind you of our products, services and events related to OFESAUTO.
For this reason cookies are used; for further information, please see the Cookies Policy.
8. PROACTIVE RESPONSIBILITY
OFESAUTO will keep a Record of Processing Activities containing information on the data processing it carries out in the course of its activity, which will be kept permanently up to date.
With regard to security and protection, we inform you that your data will be processed in a lawful, fair, transparent, adequate, relevant, limited, accurate and up-to-date manner. For this reason, OFESAUTO undertakes to adopt the technical means, the level of security and the degree of protection legally required to prevent the loss, misuse, alteration, unauthorised access and theft of the data provided by the User through the Website, which will be treated with due confidentiality and duty of secrecy.
9. EXERCISING YOUR RIGHTS
What are your Rights?
The Rights you may exercise in relation to your personal data are:
| Right of Access | Right to know what data of yours we are processing. With regard to Social Networks, this will be defined by the functionality of the Social Network and the ability to access the information in users’ profiles |
Right | Right to withdraw your consent at any time when you have given us authorisation to process your data. |
Right | Right to have us rectify or complete your data if it |
Right | Right to object to such processing, in which case OFESAUTO will stop processing the data, except for the defence of possible claims. |
Right | Right to have us delete your data when it is no longer necessary for the purposes for which it was collected. In this case OFESAUTO will stop processing the data except for the exercise or defence of possible claims. |
Right | Right to have us restrict the processing of your data (in |
| Right of portability | Right to have us provide you with your data (data processed for the performance of products and services and data we process with your consent) so that you can transmit it to another controller where technically possible. |
You may exercise these rights by going to the page Web user data, where you will find the appropriate forms, or in writing to:
- The Entity: OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES (OFESAUTO)
- Address: C/ C/ SAGASTA 18 -7ª PLANTA 28004, MADRID
- Tel.: 91 446 03 00
- Data Protection Officer (DPO): ofesauto@ofesauto.es
In particular, if you have not obtained satisfaction in the exercise of your rights, you have the right to lodge a complaint with the national supervisory authority. For this purpose, you should contact the Agencia Española de Protección de Datos: C/ Jorge Juan, 6, 28001-Madrid.
10. VALIDITY AND AMENDMENT OF THE PRIVACY POLICY
This Policy may be amended due to changes in the requirements established by the legislation in force at any given time, by judicial decisions and changes in case law, as well as by changes in the conduct and business strategy of the Company. When such changes are significant, they will be brought to the user’s attention.
