Privacy Policy

The purpose of this privacy policy is to inform about the protection of personal data of the site www.ofesauto.es and the Social Networks (hereinafter, “Website”), owned by OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES (SPANISH OFFICE OF AUTOMOBILE INSURERS) (hereinafter “OFESAUTO” or “The Entity”), so that you can freely and voluntarily determine whether you wish to provide the Entity with the personal data that we may require or obtain from you when you access and use the Website or social media.

In OFESAUTO we believe and defend the importance of the security of personal data and your privacy so that in accordance with current legislation, the Entity undertakes to adopt the necessary technical and organizational measures to ensure the treatment of your data in a lawful, fair and transparent manner.

This privacy policy is and will be adapted to the Spanish and European regulations in force at any given time, regarding the protection of personal data. Specifically, it adapts to the following rules:

  • Regulation (EU) 2016/6 79 of the European Parliament and of the Council of 27 April 2016 for the protection of individuals with regard to the treatment of personal data and on the free movement of such data (RGPD).
  • Organic Law 3/2018 of 5 December for the Protection of Personal Data and the guarantee of digital rights.
  1. PARTY RESPONSIBLE FOR DATA PROCESSING

Who will process your personal data?

In accordance with the RGPD and the rest of the applicable legislation for the protection of personal data, the Entity informs you that the personal data provided in the social media, as well as the completion and sending of queries or forms published on this website or accident report, will be incorporated into the corresponding register of processing activity owned by the data controller.

The person responsible for the processing of personal data is:

Company name: OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES

Address: C/ SAGASTA 18 -7ª PLANTA 28004, MADRID

Tel.: __________

CIF: G28075240

Registry: Registro de Asociaciones, Grupo 1, Sección 1, Número Nacional 4346.

Dominions: http://www.ofesauto.es/

Data Protection Officer (DPO): jortiz@ofesauto.es

 

  1. PURPOSE

What is the purpose for which we treat your personal data? And why are we entitled to treat them?

The only personal data to which the Entity will have access will be those that the User provides voluntarily.

Accordingly, it is necessary for the User to know that in order to access some of the services offered through the Web, personal data will be requested, as well as the completion of forms whose fields are obligatory, so that the omission of any of them may lead to the impossibility of registering, or of not being able to attend to their request or to access or use the aforementioned services and contents, unless the form itself contains data of a voluntary nature.

In the event that the data provided refers to third party individuals other than the User, the User guarantees to have obtained and to have the prior consent of the same for the communication of their data and to have informed them, prior to providing them, of the purposes of treatment, communications and other terms provided for in the section on Data Protection Information.

The user declares that he or she is of legal age. Similarly, in the event that the data provided during navigation of the website, are from minors, as a parent or guardian of the minor, he/she expressly authorizes the processing of such data including, where appropriate, those relating to health, for the management of the purposes detailed in the information on data protection.

Users are also informed that OFESAUTO has proceeded to create a profile in social media Twitter and Linkedin, with the main purpose of advertising their products and services.

In compliance with the provisions of current legislation on data protection, we inform you that, by accepting this Privacy Policy, the user accepts that their personal data will be processed by the Entity for the purposes of the Articles of Association, which can be consulted on the website, and specifically with respect to the following purposes. On the other hand, it is recommended that the User access at all times the Privacy Policies of social media, as well as configuring their profile to ensure their privacy.

Treatment for contractual purposes

Personal data will be processed mainly for the purpose of facilitating, expediting and fulfilling the commitments established between both parties and specifically for the:

  • Management of accident files: Manage the information in order to guarantee attention to the victims of traffic accidents between vehicles of different nationalities, attending and managing the requests for information as well as compensation claims, both for accidents occurring in Spain and for accidents occurring abroad.
  • Management of applications and queries, both whether or not you have had an accident or doubts about the operation of your automobile insurance abroad or what to do in the event of an accident in Spain with a foreigner.
  • Training management: data processing with the aim of managing the training of the courses given for the purpose of resolving issues relating to the international scope of motor insurance.
  • Management of your data with respect to the different search engines available on the Website, such as, for example:
  •  A search engine that is competent to process complaints.
  •  Finding a representative
  •  Submitting a Claim
  •  Knowing the nationality of a vehicle by its licence plate.
  • Management of contests and promotions: in relation to social media, OFESAUTO reserves the right to carry out contests and promotions, in which the user may participate, linked to its page. The bases of each one of them, when the social media platform is used for this purpose, will be published in the same. On the other hand, it should be noted that the social media that are used do not sponsor, endorse or administer, in any way, any of our promotions, nor is it associated with any of them.

 

Treatment for the purpose of fulfilling a legal obligation

In OFESAUTO, we are bound by different regulations including the Ministerial Order of 26 July 2017, which extensively sets out our functions and the precepts contained in the Regulation of Mandatory Civil Liability Insurance in the Circulation of Motor Vehicles (Art. 21) RD 1507/2008 (BOE 13-09-2008) to treat your data to meet the obligations.

Green Card

In this sense, OFESAUTO is the Spanish National Green Card Office. The system called “Green Card” is designed to help international vehicular traffic and to guarantee attention to victims of traffic accidents between vehicles of different nationalities.

The functions as such for the management of the Green Card are set out in the General Regulations of the Council of National Offices.

Accordingly, OFESAUTO will treat your personal data in order to deal with requests for information and claims for compensation, both for accidents occurring in Spain as well as accidents occurring abroad.

Exercise of the rights of data subjects

We are entitled to treat your data when you exercise one of the rights that protects you in terms of Data Protection, necessary for compliance with obligations in terms of data protection, specifically in the area of attention to the rights of interested parties, in accordance with the provisions of Articles 12 to 22 of the said 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.

Treatment for the purpose of legitimate interest

OFESAUTO processes personal data based on the legitimate interest in improving the efficiency and productivity of its activity in order to be able to carry out surveys and process claims and complaints in accordance with 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 that you are already using, such as courses or regarding regulatory changes that may affect you, and in relation to social media, OFESAUTO will use them to advertise its products and services, in any event, if you decide to deal with your contact details to carry out direct commercial prospecting actions, it will always be 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 updated.

The fact of recommending the OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES (SPANISH OFFICE OF AUTOMOBILE INSURERS) (OFESAUTO) page to other users so that they too may enjoy the promotions or be informed of its activity shall not be considered advertising.

The following is the link to the social media’s privacy policy:

Twitter: https://twitter.com/privacy

Linkedin: http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv

 

Treatment based on your consent

When you provide your personal data as a User, using the contact e-mail or the web form for this purpose, to make any request or query in this regard, you expressly consent to our treating your data to meet your requests for services.

As mentioned, OFESAUTO has proceeded to create a profile on social media Twitter and Linkedin, with the main purpose of advertising their products and services.

By joining our page, you give us your consent for the processing of those personal data published in your profile so OFESAUTO will perform the following actions:

  • Access to public profile information.
  • Publication in the user’s profile of all the information already published in the OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES (SPANISH OFFICE OF AUTOMOBILE INSURERS) (OFESAUTO) page.
  • Send personal and individual messages through the channels of the social media.
  • Updates of the status of the page that will be published in the user’s profile.

Users can always control their connections, remove content that no longer interests them and restrict who they share their connections with. To do so, they must access their privacy settings.

 

  1. SOCIAL MEDIA

The user, once attached to the OFESAUTO website, may publish in the latter comments, links, images or photographs or any other type of multimedia content supported by social media. The user, in all cases, must be the owner of the same, possess copyright and intellectual property or have the consent of affected third parties. Any publication on the site, whether text, graphics, photographs, videos, etc., that threaten or are likely to undermine morals, ethics, good taste or decorum, and/or that infringe or violate intellectual or industrial property rights, the right to the image or the Law, is expressly prohibited. In these cases, OFESAUTO reserves the right to immediately remove the content, being able to request the permanent blocking of the user.

OFESAUTO will not be held responsible for the contents freely published by a user.

The user must bear in mind that his/her publications will be known by other users, for which reason he/she is the main one responsible for his/her privacy.

The images that may be published on the page will not be stored in any file by OFESAUTO, but they will remain on the social media.

 

  1. TYPE OF DATA AND CATEGORY OF INTERESTED PARTIES

The personal data that may be processed will be the minimum and necessary for the purposes indicated above and for this purpose:

  • Name, surname, ID number, address and contact details (e-mail, telephone and/or mobile). Bank details, as well as the image.
  • Health data: regarding the information on the injury report from the relevant hospital or health centre or medical practitioner, company expert and everything related to the actions of legal proceedings for the purpose of processing the compensation claim.
  • The OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES (OFESAUTO) has access to and deals with public information about the user, especially his or her contact name. These data are only used within the social media itself. They are not incorporated into any file.
  1. DATA QUALITY

The veracity of your data is important and must be up to date.

The web user and the recipient of the services provided will be solely responsible for the truthfulness and accuracy of the data provided, with the Entity acting in good faith as a mere service provider.

Therefore, it is important that the data provided are true and lawful. The Entity reserves the right to exclude from the services those users who have provided false data, notwithstanding that legal action may be initiated, you agree to report any changes that your personal data may suffer, so that the Entity has them updated at all times.

 

  1. CONSERVATION OF DATA

How long will we retain your personal data?

OFESAUTO will keep the personal data provided as long as it is necessary while the relationship between the parties or the service provided lasts and for commercial purposes until it shows its opposition, suppression or limitation, as the case may be.

Once these periods have elapsed, the data will be erased, except for those data which, in order to comply with a legal obligation imposed on the responsible party, should remain duly blocked up to the time limit established by each applicable regulation.

 

  1. COMMUNICATION OF DATA TO THIRD PARTIES AND INTERNATIONAL TRANSFER OF DATA

To whom shall we communicate your data?

In general, the Entity will not transfer the data of Users to third parties except for legal obligation. However, it is possible that, for the proper provision of services, the Entity must communicate certain personal data to third parties that provide services, exclusively for its proper functioning.

In any event, these data communications will be made as a request for processing by such third parties, for the provision of services to the Entity.

Accordingly, the Entity will count on the corresponding processing order contracts with third parties who process or access personal data under the responsibility of the Entity, in compliance with the provisions of the Data Protection legislation.

On the other hand, the transfer of user data to third countries is not foreseen, but if it were necessary, OFESAUTO guarantees that it will comply with the provisions of the RGPD, counting on and demanding from the third country or international organization the appropriate guarantees.

  1. USE OF COOKIES

Navigation through the Website and social media involves treating your personal data to personalize your experience and remind you of our products, services and events related to OFESAUTO.

For this reason cookies are used. For more information please look at the cookies policy.

 

  1. PROACTIVE LIABILITY

OFESAUTO will keep a Register of Processing Activities with the information regarding the processing of the data that it carries out within the framework of its activity, and which will be permanently updated.

With regard to security and protection, we inform you that your data will be treated in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner. That is why OFESAUTO undertakes to adopt the technical measures, the level of security and the degree of protection that is legally required to avoid the loss, misuse, alteration, unauthorized access and theft of the data that the User provides through the Website, and which will be treated with due confidentiality and a duty of secrecy.

 

  1. EXERCISE OF RIGHTS

What Are Your Rights?

The rights that you can exercise in relation to your personal data are:

 

Right of Access You have the right to know which data of yours we are treating. Regarding social media: it will be defined by the functionality of the social media and the ability to access information from user profiles.

 

Right

of revocation of consent

Right to withdraw consent at any time when you have given us permission to process your data.

 

Right of

rectification

 

You have the right to have your data corrected or completed if these are inaccurate. It will only be able to be satisfied in relation to that information that is under the control of OFESAUTO, for example, to eliminate comments published in its own page. Normally, this right must be exercised before the social media.

 

Right of

opposition

 

Right to oppose those treatments, in which case OFESAUTO will stop processing the data, except for the defence of possible claims.

 

Right of

suppression

Right to delete your data when they are no longer necessary for the purposes for which they were collected. In this case OFESAUTO will stop processing the data except for the exercise or defence of possible claims.

 

Right of

Limitation

 

The right to limit the processing of your data (in certain cases, expressly provided for in the regulations). In this case, OFESAUTO will only be able to treat the data with your consent, with the exception of its conservation and use for the exercise or defence of claims or with a view to the protection of the rights of another individual or legal entity or for reasons of important public interest of the European Union or of a certain Member State.

Right of

portability

You have the right to receive your personal data (data processed for the execution of the products and services and data that we treat with your consent) so that you can pass them on to another person in charge when it is technically possible.

 

These rights may be exercised by accesing the Web user data where you could find the forms, or 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): jortiz@ofesauto.es 

Especially if you have not been satisfied with the exercise of your rights, you have the right to lodge a complaint with the national supervisory authority. To this end, you should contact the Spanish Data Protection Agency.: C/ Jorge Juan, 6, 28001-Madrid.

 

  1. VALIDITY AND MODIFICATION OF PRIVACY POLICY

This Policy may be modified by 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 business performance and strategy of the Entity. When such changes are significant, they will be brought to the user’s attention.