Privacy policy

GENERAL TERMS AND CONDITIONS OF USE



1. IDENTIFICATION DETAILS:

In compliance with the information duty established in article 10 of the Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce, the following information is set out below: the owner of www.merit-automotive.com is the Spanish company Merit Automotive Electronics Systems, S.L.U. (hereinafter, “Merit Automotive”) with registered office at Avenida de Torrelles numbers 11-13, 08620, Sant Vicenç dels Horts, Barcelona, Spain, Tax Identification Number B-31040280, and registered with the Commercial Registry of Barcelona under the Volume 45778, Page 132 and Sheet B-498714. Contact email: info@merit-automotive.com.

2. USERS:

The access and/or use of this website of Merit Automotive attributes the status of USER, who accepts, since the mentioned access and/or use, the General Terms and Conditions of Use hereby described. This General Terms and Conditions of Use will apply regardless of the Contractual General Terms and Conditions that, where appropriate, are applicable.

3. USE OF THE WEBSITE

www.merit-automotive.com provides access to a great variety of information, services, programs or data (hereinafter, the “Contents”) belonging to Merit Automotive or its licensors to which the USER may have access. The USER assumes responsibility for the use of the website. This responsibility covers any registrations that would be required to access certain Contents. In such registrations, the USER will be responsible for providing true and lawful information. As a result of any registrations, the USER could be provided with a password for which he/she will be responsible, undertaking to make a diligent and confidential use of the same. The USER agrees to make a proper use of the Contents (such as chat services, discussion forums or newsgroups) that Merit Automotive may offer through its website, and he/she undertakes not to use them for, among others, (i) engaging in activities that may be unlawful, illegal or contrary to good faith and public order; (ii) spreading Contents or propaganda with a racist, xenophobic or pornographic-illegal character or relating to terrorist apology or against human rights; (iii) causing damages to physical and logical systems of Merit Automotive, of its suppliers or third parties, introducing or spreading computer viruses in the network, or any other physical or logical systems that may be capable to produce the mentioned damages; (iv) attempting to access and, where appropriate, use the email accounts of other users and amending or manipulating their messages. Merit Automotive reserves the right to withdraw all comments and contributions that may violate the respect for the dignity of the person, which may be discriminatory, xenophobic, racist, pornographic, which may attack the youth or the childhood, order or public security, or that, in its view, may not be adequate for publication. In any case, Merit Automotive will not be responsible for the opinions expressed by the USERS through forums, chats, or other participation tools.

4. DATA PROTECTION:

USER privacy is very important to Merit Automotive. Your data will be treated in accordance with the principles of transparency, limitation of purpose, minimization of data, accuracy, integrity and confidentiality; subject to the provisions of regulation UE 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

4.1 Collection of Personal Data

Merit Automotive may collect and store, in accordance with Data Protection Legislation, some Personal Data from Data Subjects having interactions with Merit Automotive. Data Subjects may include, but are not limited to:

  • employees, directors and job applicants (i.e. individuals seeking employment with Merit Automotive); 
  • external consultants; 
  • third party providers; 
  • clients / customers of Merit Automotive. 

Types of Personal Data. Personal Data collected and stored by Merit Automotive may include, but are not limited to, the following types of data: 

  • identification data (such as name, family name, date of birth, gender); 
  • contact information (such as phone numbers, email address, mailing addresses); 
  • other relevant personal details (nationality, citizenship, marital status, other family-related data); 
  • government identification numbers (social security numbers, tax payer ID's, driver’s license, etc.); 
  • HR related data such as time of attendance, trainings and professional qualifications, benefits, salaries, etc. 
  • types of services received or products bought; 
  • financial and banking information (notably linked to remuneration); 
  • pictures and sound; and  
  • any other Personal Data reasonably related to the conduct of Merit Automotive’s business.  

There may be instances in which the Personal Data that a Data Subject provided to us is considered as Sensitive Data under local data protection laws.

Most of the Personal Data we process is information that is knowingly provided to us. However, please note that in some instances, we may process Personal Data received from a third party with their knowledge.

 Purpose of the processing of Personal Data. Personal Data shall mainly be processed for the following purposes:

  • administration of employees and external consultants: 
  • management of human resources; 
  • management of the payroll; 
  • accountancy; 
  • management of third party providers; 
  • management of clients/customers. 

Merit Automotive makes sure that only the Personal Data that are necessary to achieve the above-listed purposes are processed. 

The collection of Personal Data is legitimate because such Personal Data are mainly necessary for the purpose of the legitimate interests pursued by Merit Automotive and/or for Merit Automotive to comply with its legal obligations. 

Indeed, the processing of Personal Data performed by Merit Automotive is necessary for Merit Automotive to carry out its daily activities, that is to say, but is not limited to, managing its employees, providing the services required by its customers, interacting with and managing third party providers and complying with contractual and legal obligations related thereto. 

Update of Personal Data. Merit Automotive will endeavor to keep the Personal Data in our possession or control accurate. Individuals providing Personal Data are therefore responsible for promptly informing Merit Automotive of any change to their Personal Data.

 

4.2 Disclosure of Personal Data

Personal Data will not be shared with third parties, except as provided below. 

Disclosure of Personal Data. We may disclose Personal Data to the following categories of recipients:  

  • external services providers; 
  • professional advisors; 
  • public authorities and administrations; 
  • customers / clients of Merit Automotive; 
  • affiliate companies of Merit Automotive.

Merit Automotive may disclose Personal Data in the following circumstances:

  • in the event of a legal request and/or investigation when, in our opinion, such disclosure is necessary to prevent crime or fraud, or to comply with any statute, law, rule or regulation of any governmental authority or any order of any court of competent jurisdiction;  
  • if we outsource some or all of the operations of our business to third party service providers, as we do from time to time. In such cases, it may be necessary for us to disclose Personal Data to those service providers. Sometimes the service providers may process some Personal Data on behalf of and under the instructions of Merit Automotive. We restrict how such service providers may access, use, disclose, and protect that data.  
  • in case of business transfers in the event of the sale or acquisition of companies, subsidiaries, or business units. In such transactions, Personal Data may be part of the transferred business assets but remain subject to the protections in any pre-existing privacy statement; 
  • when we believe release is appropriate or necessary to conduct the company’s business, comply with the law, enforce or apply our policies and other agreements, or protect the rights, property, or safety of Merit Automotive, our employees, or others.  

In such circumstances, Merit Automotive ensures that Personal Data is kept secure from unauthorized access and disclosure. 

Transfer of Personal Data within the Merit Automotive group. Being a global company operating worldwide, Merit Automotive processes Personal Data in several countries and from different origins, and transfers data all over the globe. Merit Automotive is sharing data in the normal course and scope of business with other affiliated companies, as well as third parties.  

Data Subjects are informed that certain recipients may be located outside the territory of the European Union and in countries that do not offer a level of protection equivalent to the one granted in the European Union.  

In this respect, Merit Automotive has taken appropriate guaranties and concluded the necessary agreements to ensure complete security of the Personal Data transferred. Such agreements may be provided to you upon request. 

4.3 Data Subjects’ rights in relation to the processing of their Personal Data

Rights granted to Data Subjects. In accordance with applicable law, Data Subjects are granted the following rights with regard to the processing of their Personal Data: 

  • the right to request access to the Personal Data stored by Merit Automotive; 
  • the right to update or correct any of their Personal Data, if the Personal Data is incorrect; 
  • the right to oppose to the processing of their Personal Data, on grounds related to their particular situation; 
  • the right to request from Merit Automotive the erasure of the Personal Data, to the extent such Personal Data (i) are no longer necessary in relation to the initial purpose(s) for which they were collected, (ii) consent has been withdrawn and there is no other means of legitimating the processing of Personal Data, (iii) the Data Subject objects to the processing of the Personal Data, (iv) the Personal Data is unlawfully processed; 
  • the right to request the restriction of the processing of Personal Data, if such Personal Data is found to be inaccurate or unlawful, is no longer needed for the purposes of the processing, or should a court decision on a complaint lodged by a Data Subject be pending; 
  • the right to data portability; 
  • the right to withdraw consent given in the context of this Privacy Policy; 
  • in the event of a dispute between the Data Subject and Merit Automotive regarding the processing of Personal Data which failed to be resolved by the parties in an amicable manner, the right to lodge a complaint with the Spanish Data Protection Agency (AEPD). Subjects not residing in Spain can contact their local Data Protection Authority. 

Merit Automotive will respond to individual complaints and questions relating to privacy and will investigate and attempt to resolve all complaints. Merit Automotive undertakes to handle each request by a Data Subject free of charge and within a reasonable timeframe. 

How to exercise such rights. Data Subjects can exercise the rights mentioned above or challenge compliance with this Privacy Policy, by contacting Merit Automotive by email at the following address: privacy@merit-automotive.com. 

 Merit Automotive will ensure that a complete investigation of all complaints has been undertaken and will report their findings to Data Subjects in most instances within ten (10) working days. In case the complaint is considered as justified, Merit Automotive will promptly inform the Data Subject that his or her complaint is accepted and will take all measures to adequately address the issue raised. In case the complaint is rejected by Merit Automotive, the Data Subjects will be promptly informed of such rejection. If the Data Subject is not satisfied with the reply given to his or her complaint by Merit Automotive, the Data Subject will be able to refer to the relevant court or to the AEPD to deal with the complaint. 

4.4 Data retention

Merit Automotive undertakes not to use the Personal Data for purposes other than those for which it has been collected and that such information shall not be stored for a period longer than necessary for the realization of such purposes. 

 Retention periods shall, in any case, be compliant with any applicable law and proportionate to the purposes of the processing. 

4.5 Technical and Organizational Security Measures

Ensuring that Personal Data is appropriately protected from data breaches is a top priority for Merit Automotive.  

Merit Automotive implements adequate Technical and Organizational Security Measures, such as password protection, encryption, physical locks, etc., to ensure a level of security appropriate to the risks represented by the processing and the nature of the Personal Data to be protected.  

Sensitive Data are processed with enhanced and specific security measures. 

Access to Personal Data is permitted to employees for the sole purpose of performing their professional duties, such employees being subject to a confidentiality obligation.

4.6 Internal training program and sanctions for non-compliance

All Merit Automotive employees having access to Personal Data are provided with specific training programs in order to improve their practical skills and knowledge that relate to data protection issues. Privacy training programs are an integral part of professional development within Merit Automotive. 

All guidelines, procedures or policies related to the protection of Personal Data are uploaded on Merit Automotive’s corporate intranet and permanently accessible to every employee and provided to every new employee. Internal notices may also be transmitted within the Merit Automotive Group from time to time. 

Non-compliance of employees with these rules may be regarded as a serious breach of the trust Merit Automotive must be able to place in its employees and other members of the staff. Non-compliance by an employee may therefore result in a sanction, such as suspension or other disciplinary measures or measures under labor law, which may include summary dismissal. Non-compliance by members of staff that are not employees may result in termination of the relevant contract with this member of staff.  

5. INTELLECTUAL AND INDUSTRIAL PROPERTY:

Merit Automotive, either by itself or as an assignee, is the owner of all intellectual and industrial property rights of its website, as well as the elements contained therein (including, without limitation, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.), owned by Merit Automotive or its licensors. All rights are reserved. According to the provisions of the Royal Legislative Decree 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available modality, of all or part of the Contents of this website, for commercial purposes, on any format and by any technical means without the prior authorization of Merit Automotive are expressly prohibited. The USER undertakes to respect the Intellectual and Industrial Property rights owned by Merit Automotive. The USER will be able to view the elements of the website and even print, copy and store them on his/her computer’s hard disk or any other physical support as long as it is solely and exclusively for personal and private use. The USER shall not remove, alter, skip or manipulate any protection device or security system that may be installed on the website of Merit Automotive.

6. EXCLUSION OF WARRANTIES AND LIABILITY:

Merit Automotive will not be liable, in any case, for the damages of any nature that may be caused due to, among others, errors or omissions in the Contents, unavailability of the website or the transmission of viruses or malicious programs or programs with harmful Contents, despite having taken all necessary technological measures to avoid them.

7. AMENDMENTS:

Merit Automotive reserves the right to make, without prior notice, any amendments that it may deem appropriate on its website, being able to change, suppress or add any Contents that may be rendered through the website, as well as the form in which these are presented or located on its website.

8. LINKS:

In the event that links or hyperlinks to other Internet sites are set out in www.merit-automotive.com, Merit Automotive will not exercise any kind of control over these sites and Contents. In no event, Merit Automotive will assume any liability for the Contents of any links belonging to an outside website, nor will guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. In addition, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

9. RIGHT OF EXCLUSION:

Merit Automotive reserves the right to deny or withdraw the access to the website and/or services without prior notice, by own instance or at request of a third party, to those USERS who do not comply with these General Terms and Conditions of Use.

10. GENERALITIES:

Merit Automotive will be entitled to chase the breach of these General Terms and Conditions of Use, as well as any improper use of its website, by means of any civil and criminal actions that may be applicable in accordance with the provisions of the law.

11. AMENDMENT OF THESE TERMS AND CONDITIONS AND DURATION:

Merit Automotive may amend at any time these General Terms and Conditions of Use, being these amended terms and conditions duly published. These General Terms and Conditions of Use will be in force until they are modified by others duly published.

12. APPLICABLE LAW AND JURISDICTION:

The relationship between Merit Automotive and the USER shall be governed by the Spanish law currently in force and any dispute shall be submitted to the Courts and Tribunals of the city of Barcelona.