Data protection policy

A. Data Controller

You are hereby informed that the personal data that you provide us with under our legal relationship shall be processed by General de Alquiler de Maquinaria, S.A, Calle Velázquez, nº64, planta 4º, puerta izq, 28001 Madrid (hereinafter, “the Company” or “GAM”, indistinctly), for the purposes below:

Unless specifically indicated otherwise at the time of their collection, all the personal data gathered will be mandatory as they constitute essential elements for the management, maintenance and monitoring of our contractual relationship. In this case, failure to provide them will render it impossible to process your request, provide you with the contracted service or, ultimately, terminate our contractual relationship.

Personal data will be collected solely for the purposes indicated in this Privacy Policy. Bearing in mind the purpose to which the processing pertains and the relevant legal basis according to the case in hand, pursuant to the provisions of the following sectionB. Processing purposes, we collect different personal data. We also deploy various technologies to collect and store information, including cookies. For further information, consult our Cookies Policy.

You confirm and guarantee that the data provided is true and accurate and that they match your current status. In this regard, you undertake to notify any changes occurring thereunto, in accordance with the procedure set out in section E. Rights of the data subject.

B. Processing purposes

Below you are informed that your data will be processed by the Company for the following purposes:

  • I. BASED ON THE CONTRACTUAL RELATIONSHIP:
    • a. Processing your request for registration as a client of the Company and managing the subsequent business relationship with you.
    • b. Effectively managing, maintaining and monitoring the relationship deriving from the acquisition of the Company’s products or services.
  • II. BASED ON A LEGAL OBLIGATION:
    • a. Verifying your identity and carrying out the necessary checks on your business activity, pursuant to the provisions under the Spanish legislation currently in force for the prevention of money laundering and the financing of terrorism, as well as any other applicable. With this in mind, as well as in order to prevent fraud, the Company may go to sources of public bodies and open information sources, such as journals and official gazettes, public registers, decisions issued by the Public Administrations, phone directories or lists of people who are members of official professional associations.
    • b. Disclosing to the public authorities, regulators or governmental bodies where the disclosure is mandatory according to the law, the local regulations or for the purposes of compliance with regulatory obligations.
  • III. BASED ON THE COMPANY’S LEGITIMATE INTEREST:
    • a. Where required by the legal relationship, the Company shall be entitled to know your capacity and solvency status, according to the provisions under the current regulations on data protection and, in this regard, searches may be carried out in:
      • i. Files containing information on financial solvency and creditworthiness.
    • b. Carrying out business or advertising actions or communications, via any media, including via electronic media or the like, relating to products or services that are similar to those contracted with the Company.
    • c. Carrying out satisfaction surveys relating to the products or services you have contracted in order to assess your satisfaction with them and to improve the Company’s processes and services.
    • d. Disclosing your data to companies within the GAM Group if you, as a client of our entity, when said need results in the purchase of any of the products and/or services of said entities that are marketed by the Company. Should this situation arise, the data provided shall be limited to those that are strictly necessary to identify you; in other words, those that are strictly necessary for performance of the contract. The ultimate purpose of this processing is that, for those products and/or services that the Company is marketing (or for which it is acting as an intermediary and/or mere agent) of the third parties mentioned above, the contracting is carried out as quickly as possible. You may access the full list of the partner companies to which your data will be disclosed in the event that their products or services are contracted, at the link below: https://gamrentals.com/es/empresas-gam
    • e. Recording your voice and/or image and keeping the phone conversation and/or video when we specifically tell you that a recording is taking place. The Company’s legitimate interests are: maintaining the quality of the service and using the recording in the event it is necessary to protect its legal position if a dispute arises.

  • IV. BASED ON THE SPECIFIC CONSENT GRANTED BY YOU:
    • a. Upon your prior authorisation, the Company may offer you its own products and services other than those you may have purchased by any means, including electronic media, as well as third-party products in which you may be interested, even after the termination of the current contractual relationship.
    • b. Upon your prior authorisation, the Company shall disclose your personal data, as well as your business profile, to third-party companies, including the entities within the GAM Group, so that the latter can send you business communications about their products and services by any means, including electronic media. These companies may belong to the following sectors: machinery rental and maintenance, staging and organisation of events, drone engineering for industry, sale-purchase of machinery and vehicles, training, modular structures and equipment distribution.

C. Recipients

Subject to the terms described in section the Company may disclose your personal data to the following entities:

  • i. Public or regulatory authorities or government or court bodies where the disclosure is mandatory according to the law, the local regulations or for the purposes of compliance with regulatory obligations.
  • ii. Third-party entities and companies within the GAM Group for the purposes set out in d), point iii) Legitimate interest, under section B. Processing purposes

In addition to the data disclosures above, the Company collaborates with some third-party service providers who have access to your personal data and which process them in the name and on behalf of the Company as the result of a provision of services.

The Company applies strict criteria in the recruitment of its service providers in order to comply with its data protection obligations, and it undertakes to sign with them the relevant data processing agreements. Upon the signature of these agreements, the service providers shall be obliged, inter alia, to the following: to apply the appropriate technical and organisational measures; to process the personal data for the purposes agreed and only following the documented instructions; and to eliminate or return the data once the provision of services has been completed.

In particular, the Company may contract the provision of services from third-party providers who carry out their business, inter alia, in the following fields: logistical services, legal advice, provider certification, companies providing professional services, companies related with maintenance, companies providing technological services, companies providing information services, companies providing physical security services, instant messaging service providers and companies providing call centre services.

D. Source of the data

Irrespective of the data you provide, the Company may also process personal data obtained from common files, sectorial files and/or files from public bodies, in accordance with the purposes and legitimation grounds described under section “B. Processing purposes” above.

In light of the above, the Company shall process the personal data provided by the aforementioned third parties pertaining to the following categories:

  • i. Identification data.
  • ii. Postal or e-mail addresses.
  • iii. Economic, financial and solvency data.

No data are obtained from specially protected third parties.

E. Rights of the data subject

The consents granted for any of the cases above may be revoked by you at any time, upon request. You are hereby informed that, in accordance with the legislation currently in force You have the right to exercise your rights of access, amendment, cancellation and opposition, as well as the right to erasure, to limit the processing and to data portability, providing evidence of your identity (a copy of the DNI (national identity document) or an equivalent document), at the following address: GAM, Carretera Tiñana, km.1, 33199 Granda, Siero (Asturias) or to the following e-mail:[email protected]

Should you believe that GAM or its companies have infringed any of the aforementioned rights, you have the right to file a complaint with the Spanish Agency for Data Protection (Agencia Española de Protección de Datos).

F. Retention

Your personal data will be retained for the duration of the contractual relationship between you and the Company.

Upon termination thereof, your personal data will be deleted once all the actions needed to manage and deem fulfilled any obligation still in place between the parties have been carried out, with all the necessary administrative proceedings being carried out during this period, except in those cases in which you have granted us your consent to send you marketing communications after the termination of the contractual relationship.

Notwithstanding the above, your data will be kept duly blocked for as long as liability may derive from the progress of our contractual relationship, as well as for the purposes of compliance with the legal obligations imposed on the Company.

In this regard, the Company guarantees that the data will not be processed unless the processing is necessary for the drafting, exercising or defence of claims, or when the processing is needed to disclose the data to the Public Administration, Judges and Courts during the period of limitation of your legal obligations or rights.

G. Personal data processing by e-mail

Any personal data provide by e-mail may be processed by General de Alquiler de Maquinaria, S.A. (GAM) for the purpose of replying to your query or managing the attendant contractual/pre-contractual relationship based on GAM's legitimate interest. Your data will only be transferred to GAM Group companies when necessary to formalise a contract, and to the attendant public bodies when personal data must be transferred due to legal obligation.

You may write to the following address at any time to exercise your rights recognised in the data protection regulations: GAM, Carretera Tiñana, km.1, 33199 Granda, Siero (Asturias), or to the e-mail address: [email protected], attaching a copy of your ID or documentation proving your identity.

H. Processing of CV for selection processes

Pursuant to the provisions of current regulations on data protection, you are hereby informed that General de Alquiler de Maquinaria, S.A.[1] (henceforth, "GAM"), whose address is situated at Calle Velázquez, nº64, planta 4º, puerta izq, 28001 Madrid, will process the personal data that you have provided, as well as those you provide us with, where applicable, during the course of your possible participation in selection processes, in order to manage your participation therein, as well as to keep you informed about any possible selection processes which you may be suited for in the future.

The data that you provide us is necessary for the management and processing of GAM's staff selection procedures and failing to provide us with them would render the management of said selection processes impossible. The processing is thus based on the pre-contractual relationship between you and GAM.

You guarantee the truthfulness of the personal data provided to GAM. Furthermore, GAM may periodically request the review and updating of the personal data kept on you. Your data will be kept for the period necessary to process the selection processes in which you participate or may participate, being deleted when it is determined that there is no process which suits your profile.

Your data will not be transferred to third parties, with the exception of authorities to which GAM is obliged to send information, as well as to GAM Group companies to which GAM belongs, for the purpose of centralising the administrative and computer processes. GAM Group entities may belong to the following sectors: machinery rental and maintenance, staging and organisation of events, drone engineering for industry, sale-purchase of machinery and vehicles, training, modular structures and equipment distribution and the complete list of companies can be consulted at the following link:https://gamrentals.com/es/empresas-gam

Notwithstanding the above, you may contact GAM when you see fit, being able to exercise your rights of access, amendment, erasure, limitation, opposition, as well as the right to the portability of your data and not to be subject to automated decision-making, by means of a request addressed to GAM, proving your identity (by means of a copy of ID or equivalent) at the following address: Calle Velázquez, nº64, planta 4º, puerta izq, 28001 Madrid, at the following e-mail address: [email protected]

Finally, where you see fit, you may contact the Spanish Data Protection Agency which is situated at Calle Jorge Juan, 6, 28001, Madrid (https:www.aepd.es), in order to safeguard your rights.