Privacy policy · BK Energies

Who is the controller of your data?

Identity: Blakach Energy S.L. (BK Energies)
Tax ID (CIF): B56244072
Postal address for notices and summonses: Plaza del Fresno 3, 5.º D, 33007 Oviedo (Asturias), Spain
Head office: Parque Empresarial ASIPO III, Plaza Julio Alberto Blanco 1, Oficina 40, 33428 Cayés, Llanera (Asturias), Spain
Phone: 984 518 804
Email: info@bkenergies.com
Data protection: info@bkenergies.com

What data do we collect through this website?

Through the contact form we collect the data you provide: name, company, email address, telephone number, project type, approximate power or energy and the content of your message. Fields marked as mandatory are necessary for us to handle your request; if you do not provide them, we will not be able to reply. The remaining fields are optional.

If you write to us by email or call us by telephone, we will process the data you provide in that communication. If you send us your CV, we will process it for the recruitment processes described below.

This website does not use analytics or advertising cookies. You can find the details in the cookie policy.

For what purpose do we process your personal data?

The personal data we process serves the following purposes:

Handling your enquiries and requests: managing responses to enquiries, complaints or incidents, and requests for technical or corporate information, resources or activities, made by email, telephone, contact form or instant messaging.
Contacting the data subject through the means of communication provided (email, postal address or telephone) in order to handle enquiries arising from the relationship between the parties.
Offering and commercial management of the products and services offered by the controller. Contacting the data subject to request the data necessary to manage the design and proposal of products or services.
Internal use, carrying out operations and administrative, financial and accounting management arising from the commercial or service relationship.
Profile analysis, to the extent that you have unequivocally consented to it: in order to offer you products and services in line with your interests, and to improve your user experience, we will build a “profile” based on the information provided. No automated decisions will be made on the basis of that profile.
Consulting the advertising exclusion systems that may affect its activities, excluding from processing the data of data subjects who have expressed their objection or refusal to such processing, by consulting the advertising exclusion systems published by the competent supervisory authority.
Associated management, including prior communication, that may arise from any structural modification of companies or the contribution or transfer of a business or line of business, provided that the processing is necessary for the successful completion of the operation and guarantees, where appropriate, continuity in the provision of services.
Dissemination of our best practices relating to the services we have provided to you and/or publication and communication of graphic material that may include the image of the holder or of staff under their responsibility in corporate media or other public media, to the extent that you have unequivocally consented to it.
Management of the contracting and provision of the organisation's services, as well as compliance with the contractual and regulatory requirements linked to the organisation or to the requested operation.
Sending commercial communications about products or services similar to those contracted by the customer with whom there is a prior contractual relationship, on the basis of article 21 of the LSSICE.
Quality control of our products and services, quality management of processes and activities, and evaluation of the satisfaction/perception and performance results of the organisation's stakeholders.
Provision of supporting evidence for campaigns, activities, promotions, competitions, projects and grants in which the organisation participates.
Management of regulatory compliance (applicable regulations, as well as mandatory internal rules): investigation, monitoring and auditing of the controls established for the prevention of offences, which may include access controls to the premises, video surveillance, information systems and document printing for all personal data under the organisation's responsibility and, therefore, for all information systems of that entity, as well as the controls that the entity may establish for investigating any accidents or incidents that may occur, and breaches of rules, offences or unlawful conduct.
Assessment of financial solvency and creditworthiness in order to confirm the economic viability of the requested operation and, where applicable, the communication and management associated with claiming the amounts agreed for the provision of the service.
Statistical and historical purposes that allow us to improve the commercial strategy for our products and services, your data having first been anonymised.
Management and auditing of the organisation's management and regulatory compliance systems for processes and facilities.
Contact and sending of personal communications, invitations to events, greetings on special dates, quality and satisfaction surveys, and periodically informing you of news, updates and corporate information and providing you with offers of products and services of interest to you by telephone, in writing or by electronic means, where you have consented to or requested this.
To the extent that you have provided us with your CV to join the company, we will process your data to manage recruitment processes and, where you have consented, for the purposes described in the additional consents.

No decisions are made based solely on automated processing, including profiling, that produce legal effects concerning you or similarly significantly affect you.

How long do we keep your data?

The data provided will be kept for as long as the lawful basis for processing remains in place and its erasure is not requested by the data subject following the termination, formalised in writing, of the relationship with the data subject, except for its retention for the formulation, exercise or defence of claims by the controller or for the protection of the rights of another natural or legal person and/or for reasons of legal obligation.

In any event, at the end of the relationship the data subject's data will be duly blocked, as provided for in the data protection regulations in force.

Accounting and tax documentation, for tax purposes: accounting books and other mandatory record books under the applicable tax regulations (IRPF, IVA, IS, etc.), as well as the supporting documents justifying the entries recorded in the books (including computer programs and files and any other supporting document of tax relevance), must be kept for at least the limitation period for tax offences (General Tax Law and Criminal Code): limitation of offences, 10 years.
Accounting and tax documentation, for commercial purposes: books, correspondence, documentation and supporting documents relating to the business (Commercial Code): 6 years.
Solvency files: data relating to certain, due, payable and unclaimed debts (LOPDGDD): 5 years.
Data processed for sending commercial communications will be kept until you withdraw the consent given.
Requests received through the contact form that do not lead to a commercial relationship will be kept for as long as necessary to handle them and, at most, for one year from the last communication, unless you request their deletion sooner.

Therefore, the data will be kept for as long as the commercial relationship remains in force, based on the retention periods established by the current regulations mentioned above, as well as the periods legally or contractually provided for the exercise or limitation of any liability action for breach of contract by the data subject or the organisation (the Civil Code establishes a period of 5 years to bring a civil liability action, calculated from the date on which performance of the obligation may be demanded).

What is the legal basis for processing your data?

The processing of your data is based on:

Fulfilment of the request you make to us. The data requested is necessary to handle it properly (art. 6.1.b GDPR, application of pre-contractual measures at the request of the data subject).
Performance of a contract, request, offer, order or commercial contract, for which the data provided may be disclosed to third parties that provide us, where applicable, with specific products or services necessary to manage the contracted services, in order to properly meet, where applicable, the warranties and liabilities of the products and services supplied (art. 6.1.b GDPR).
Compliance with a legal obligation: administrative, commercial, tax, fiscal, accounting, civil and financial regulations, and consumer and user protection legislation, as well as the regulations inherent to the contracted operation and those associated with the sector (art. 6.1.c GDPR).
The legitimate interest of the controller: processing of data as part of a commercial relationship or contract, where necessary for its maintenance or performance; fraud prevention; cases of legitimate interest in which the controller may be an injured party and it is necessary to process and disclose the data of the defaulting party to third parties in order to manage regulatory compliance and defend the controller's interests; the legitimate interest in direct marketing permitted by the LSSICE (sending commercial electronic communications about products or services similar to those contracted by the customer with whom there is a prior contractual relationship), as well as the cases of legitimate interest for specific processing provided for in the LOPDGDD (art. 6.1.f GDPR).
The consent of the data subject, given unequivocally through formal means or by ticking the boxes provided for that purpose in the data protection clauses of the base document governing the commercial relationship according to the contact channel, including the box on the contact form on this website (art. 6.1.a GDPR).

To which recipients may your data be disclosed?

Organisations or persons directly engaged by, or having a collaboration agreement with, the controller for the provision of services linked to the purposes of the processing (by way of example and without limitation): legal, tax and accounting advisers, debt collection and credit insurance entities, management, accounting or compliance auditors, IT maintenance and web hosting, suppliers, courier/transport companies, video surveillance/alarm companies and other professionals or companies necessary to perform certain services.
Public Administration bodies with competence in the matters covered by the purposes of the processing, to meet their obligations where required under the legislation in force at any time, as well as for managing the provision of services.
Third parties expressly authorised by the data subject.
Financial institutions: transfer or management of payment instruments.
State Security Forces and Corps and judicial bodies, to the extent required.
Partners or promoters of events, projects and grants in which the organisation participates, for their technical or financial justification.
Media for the promotion or publication of the organisation's activities (public or private, such as websites, social networks, newspapers, etc.).

Under what safeguards is your data disclosed?

Data is disclosed to third parties only where those entities can demonstrate that they have a personal data protection system in line with current legislation.

No international transfer of your data outside the European Economic Area is envisaged. Should any provider necessary for the provision of the service process data outside the EEA, the transfer would only be made to countries with an adequacy decision of the European Commission or with the appropriate safeguards provided for in article 46 of the GDPR (for example, standard contractual clauses), a copy of which you may request at info@bkenergies.com.

User responsibility

You:

You guarantee that you are over eighteen (18) years of age and that the data you provide to the controller is true, accurate, complete and up to date. For these purposes, the user is responsible for the truthfulness of all the data they communicate and shall keep the information provided duly updated so that it reflects their actual situation.
You guarantee that you have informed any third parties whose data you provide, if you do so, of the matters contained in this document. You also guarantee that you have obtained their authorisation to provide their data to the controller for the purposes indicated.
You will be responsible for any false or inaccurate information you provide through the website and for any direct or indirect damage and loss this causes to the controller or to third parties.

What are your rights?

You have the right to obtain confirmation as to whether or not we are processing personal data concerning you.
Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data or, where applicable, request its erasure when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
In certain circumstances, data subjects may request the restriction of the processing of their data, in which case we will only retain it for the exercise or defence of claims.
In certain circumstances and for reasons relating to their particular situation, data subjects may object to the processing of their data, in which case the controller will stop processing the data, except for compelling legitimate grounds or the exercise or defence of possible claims.
Under the right to data portability, data subjects have the right to receive the personal data concerning them in a structured, commonly used and machine-readable format, and to transmit it to another controller.
Where you have given consent for any specific purpose, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

Where can you go to exercise your rights?

If you wish to exercise your rights, please contact the channel established by the controller for the exercise of rights (info@bkenergies.com) or write by post to the address given at the beginning, so that we can process and respond to your request.

What information is required to exercise your rights?

To exercise your rights, we need to verify your identity and the specific request you are making, so we ask you for the following information:

Documented information (letter or email) on the petition specifying the request.
Proof of identity as the holder of the data concerned (first name and surname of the data subject and a copy of the national identity document (DNI) of the data subject or of the person representing them, together with the document evidencing such representation).
Address for notification purposes, date and signature of the applicant (in the case of a letter), or full name (in the case of email), or validation of the request in a private area of the communication channel using a personal key that authenticates your identity.

Where the controller has reasonable doubts concerning the identity of the natural person making the request, it may request the provision of additional information necessary to confirm the identity of the data subject.

What is the general procedure for exercising your rights?

Once the required information has been received, we will respond to your request in accordance with the controller's general procedure for the exercise of rights:

The controller shall provide the data subject with information on action taken on a request under articles 15 to 22 of the GDPR (rights of the data subject) and, in any event, within one month of receipt of the request.
That period may be extended by a further two months where necessary, taking into account the complexity and number of requests.
The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay.
Where the data subject makes the request by electronic means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
If the controller does not take action on the data subject's request, it shall inform them without delay and at the latest within one month of receipt of the request of the reasons for not taking action and of the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
The information provided shall be free of charge, except for a reasonable fee for administrative costs.
The controller may refuse to act on the request, but shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

What complaint procedures are available?

If you consider that your rights have not been duly respected, you have the right to lodge a complaint with the competent data protection authority, the Spanish Data Protection Agency, AEPD (www.aepd.es).

How have we obtained your data?

Your data has been obtained through one of the following channels:

From the data subject themselves or their legal representative (including the contact form on this website).
Through third parties with whom the controller has a commercial or service relationship.
Through public bodies related to the purpose of the contracted services.
Through third parties at the request of the contracting party.

What categories of data do we process?

Identification and contact data (first name, surname, telephone, email, etc.); commercial information data; economic, financial and payment terms data; other data: first name, surname and tax ID (NIF) of the legal representative and contact details of the persons in the organisation involved in or related to the service covered by the contract or request.

The data structure we process may contain specially protected data, the processing of which is necessary for the proper performance of the products or services contracted by the data subject, and which will be processed by the organisation as data processor. As a general rule, such data is dissociated or anonymised.

How is your personal data kept secure?

Blakach Energy S.L. takes all necessary measures to keep your personal data private and secure. Only authorised persons at Blakach Energy S.L., as well as authorised staff of third parties engaged or collaborating in the provision of certain services (who are under a legal and contractual obligation to keep all information secure), have access to your personal data. All Blakach Energy S.L. staff with access to your personal data are required to undertake to comply with data protection regulations, as well as with the privacy policy and any instructions, communications, codes or similar documents drawn up and provided for their information, and all third parties with access to your personal data are required to sign the relevant confidentiality undertakings or data processor agreements.

Blakach Energy S.L. applies strict criteria in selecting service providers in order to comply with its data protection obligations and undertakes to sign the corresponding data processing agreement with them, under which it will impose, among others, the following obligations: to apply appropriate technical and organisational measures; to process personal data for the agreed purposes and solely in accordance with the documented instructions of Blakach Energy S.L.; and to delete or return the data once the provision of services has ended. These agreements do not affect your rights under data protection law. For more information about these agreements, please do not hesitate to contact us.

Changes to the privacy policy

Blakach Energy S.L. reserves the right to make, at any time, such modifications, variations, deletions or cancellations to the content and the manner in which it is presented as it deems appropriate; we therefore recommend that you consult our privacy policy whenever you consider it appropriate. If you do not agree with any of the changes, you may exercise your rights in accordance with the procedure described by sending an email to info@bkenergies.com.

Confidentiality and information of third parties whose personal data you provide to us

By accepting or validating the process that forms the basis for formalising your relationship with Blakach Energy S.L., you expressly consent to the processing of data in accordance with the clause and additional information on data protection, and undertake to inform the third parties whose personal data you provide to us and to obtain their consent for such processing.

Furthermore, the user undertakes to inform, on behalf of Blakach Energy S.L., expressly, precisely and unequivocally, the data subjects whose information they disclose to Blakach Energy S.L. (within the month following the disclosure of the data to Blakach Energy S.L.) of the data processing carried out.