Privacy Policy

1. Who is responsible for processing your data?

Social denomination: FINAER COMPAÑÍA DE GARANTÍAS, S.L.U.

Tax ID: B01950229

Registered address: Calle Tomás López, nº 3, Planta 3, Puerta B, 28009 - Madrid

Phone: 915 51 75 50

Email: lopd@finaer.es

Co-responsibility with group company:

Company: SMARTLEASER, S.L.U.

Tax ID: B55498141

Registered address: Calle Tomás López, nº 3, Planta 3, Puerta B, 28009 - Madrid

Phone: +34 650 88 55 02

Email: contacto@fivy.app

You can request information regarding the essential aspects of the co-responsibility agreement by sending an email to lopd@finaer.es.

2. What type of data do we have about you and how did we obtain it?

The categories of personal data we process are:

I. Identification data

II. Contact data (postal or electronic addresses, phone numbers)

III. Commercial information

IV. Employment, academic, economic, and transaction data

V. Personal and social characteristics

VI. Navigation data

All the above-mentioned data we have obtained from:

·   Directly from you through the application and presentation of a commercial offer, contractual proposal, etc.

·   On occasion, data from the rest of the tenants may be provided by one of them.

·   Through the real estate agency with which we have a collaboration agreement, by providing us with identification data and other necessary information to carry out the object of the contractual relationship between the parties.

·   From the company SMARTLEASER, S.L.U., owner of the Fivy application through which registered users contract guarantee products managed by FINAER COMPAÑIA DE GARANTIAS, S.L.U. In this regard, SMARTLEASER, S.L.U. shares its clients' data with FINAER COMPAÑIA DE GARANTIAS, S.L.U., based on the co-responsibility agreement we have signed under Article 26 of the General Data Protection Regulation. Interested parties can inquire about the essential aspects of said agreement by requesting it at the email address: lopd@finaer.es.

3. For what purpose do we process your data?

We process the data provided by interested persons in order to manage, adequately and securely, the various activities necessary for the provision of our services and various activities derived from specific procedures carried out in sales, after-sales service, supplier management, service quality, etc.

In this way, we will use your data to carry out some of the following actions:

·   I. Provision of requested services, processing of contracted products and contract execution (verify the identity of the applicant, manage the guarantee request, evaluate the viability of the operation, perform solvency checks in credit information files (such as Equifax), maintain communications related to the process, execution of guarantees, management of defaults, management of subscription to our newsletter, etc.)

·   II. Sending the information you request through the contact forms on our website or any other means of contact with our company,

·   III. Provide both potential clients and our clients with information about products and services that may be of interest, always in accordance with applicable regulations.

·   IV. Fulfill the obligations derived from the relationship with users, owners and intermediaries, as well as with suppliers, in relation to administrative, fiscal and accounting management.

·   V. Carry out satisfaction surveys, statistical analyses and market studies, etc. in order to be able to offer you the most suitable offers and optimized service quality, etc.

To carry out any of these purposes, electronic means such as email, WhatsApp, etc. may be used.

4. How long will we keep your data?

Personal data relating to individuals linked to potential clients, clients and suppliers/collaborators that we collect through the various contact forms and/or information gathering (including data collected through cookies, if applicable) will be retained for the time necessary to fulfill the purposes described in the previous point and, where applicable, as long as their deletion is not requested by the data subject. Data provided by our clients and suppliers will be retained as long as the commercial relationship between the parties is maintained, always respecting in any case the minimum legal retention periods according to the subject matter.

In any case, we will keep your personal data for the period of time that is reasonably necessary taking into account our needs to respond to questions that arise or solve problems, make improvements, activate new services and comply with the requirements required by applicable legislation. This means that we may retain your personal data for a reasonable period of time even after you have stopped using our products or after you have stopped using this website. After this period, your personal data will be deleted from all our systems.

5. What is the legal basis for processing your data?

Accounting management:

• Processing: Management of invoicing with clients and/or suppliers.
• Legal basis: Execution, maintenance, development and control of the contractual relationship between the parties.

Tax management:

• Processing: Application of retentions, bonuses, etc.
• Legal basis: Execution, maintenance, development and control of the contractual relationship between the parties; Compliance with legal obligations.

Administrative management:

• Processing: Management of requested services, feasibility studies, user registration for applications, attention to information requests, maintaining communications related to the process, etc.
• Legal basis: Execution, maintenance, development and control of the contractual relationship between the parties. Execution of pre-contractual measures requested by the data subject. Legitimate interest of the controller.

Marketing:

• Processing: Commercial actions regarding the company's products or services directed at clients or individuals who have previously requested information about products and services, including conducting satisfaction surveys.
• Legal basis: Free and unequivocal consent of the data subject (potential clients), with the understanding that the withdrawal of this consent can in no case condition the execution of the contract that would have existed between the parties. Legitimate interest of the company in the promotion and commercialization of products or services similar to those obtained or requested by data subjects in the past.

Navigation data:

• Processing: Data derived from the use of cookies.
• Legal basis: Express consent of the data subject. Execution of a contract for the case of necessary technical cookies.

Telephone call recording:

• Processing: To register contracts and/or to improve service quality.
• Legal basis: Execution of the contract. Legitimate interest of the data controller.

6. To which recipients will your data be communicated?

We will not transfer your personal data to any third-party company that intends to use it for direct marketing actions, except if you have expressly authorized us to do so.

We inform you that we may provide your personal data to public administration bodies and competent authorities in cases where they legally require us to do so, or in cases where, acting in good faith, we consider such action to be reasonably necessary to comply with a judicial process; to respond to any claim or legal demand; or to protect the rights of the company or its clients and the general public.

Likewise, we inform you that your data may be communicated to real estate agencies or the owners of rental properties to make the projected guarantee contract possible. In these cases, a necessary communication of personal data occurs between independent data controllers. The legal basis is the necessity of the processing for the execution of a contract to which the data subject is a party or for the application, at their request, of pre-contractual measures.

In case of non-compliance with payment obligations derived from the lease agreement or the granted guarantee, and once the legally established period has elapsed since the payment request without the debt having been regularized, FINAER may communicate the personal data of the lessee to common credit information systems (asset solvency files), such as Equifax or similar, with the purpose of managing credit risk and preventing delinquency.

This communication will be carried out in accordance with the provisions of Article 20 of Organic Law 3/2018 and Article 6.1.f of the GDPR, based on the legitimate interest of the controller and third parties in knowing the economic solvency of the data subject. The data subject is informed in advance of this possible inclusion and may exercise their rights of access, rectification, opposition, and erasure before the corresponding file.

Yes, we will provide your personal data to third parties (e.g., Internet service providers that help us manage our website or carry out contracted services, IT support and maintenance companies, logistics companies, consultancies, and tax and accounting advisors, etc.). In any case, these third parties must maintain, at all times, the same levels of security as us in relation to your personal data and, when necessary, will be bound by legal commitments to keep your personal data private and secure, and also to use the information only following specific instructions from the company.

7. Data transfers to third countries?

International data transfer to Argentina is foreseen, a country where FINAER has certain service providers who may have access to personal data for the correct performance of their functions.

This transfer is covered by the European Commission's adequacy decision (Commission Decision 2003/490/EC of June 30, 2003), which recognizes Argentina as having a level of personal data protection equivalent to that required by Regulation (EU) 2016/679 (GDPR). This adequacy status was confirmed and ratified by the European Commission in January 2024, which allows the transfer of data to Argentina without the need for additional safeguards.

8. What are your rights as a data subject?

Any person has the right to obtain confirmation as to whether we are processing personal data concerning them, or not.

Specifically, interested parties can request the right of access to their personal data, as well as receive it in a common and machine-readable format if the processing is carried out by electronic means (right to portability).

Likewise, interested parties can request the right of rectification of inaccurate data or, where applicable, request their erasure when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

Complementarily, under certain circumstances, interested parties may request the limitation of the processing of their data, or under certain circumstances and for reasons related to their particular situation, interested parties may exercise their right to object to the processing of their data. We will cease processing the data, except for legitimate imperative reasons, or the exercise or defense of possible claims or in those exceptions established in applicable regulations.

Likewise, we inform you that you have the right to withdraw your granted consents at any time, without affecting the lawfulness of processing based on consent prior to its withdrawal.

Likewise, the User is informed that at any time they can exercise the aforementioned rights by writing to us using the contact details that appear in point 1.

When the data controller has reasonable doubts in relation to the identity of the physical person making the request, they may request that additional information necessary to confirm their identity be provided.

You will also have the right to file a complaint with the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights.

http://www.agpd.es/portalwebAGPD/index-ides-idphp.php

On the other hand, in accordance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we commit not to send commercial information if you have so informed us.