Regarding the processing of data through websites for commercial communications by electronic means, the application of the LSSICE (Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce) is required, as set forth in articles 19 to 22. This regulation is of great importance since it regulates the sending of electronic commercial communications, being the AEPD (Spanish Data Protection Agency) the competent entity to sanction non-compliance. The LSSICE generally prohibits the sending of advertising or promotional communications by e-mail or other equivalent means of electronic communication without having been previously requested or expressly authorized by the recipients. Therefore, at the time of data collection, you must be asked to accept a text informing you of the commercial purpose (as well as any other applicable purpose) for which the data will be used. Therefore, a text like this should be included in the “legal notice” or in the “privacy policy” of the website: By accepting these conditions, terms and policies and, in particular, by sending the user’s personal data to GREENMOTIV S.L, the user expressly consents to GREENMOTIV S.L carrying out the following activities and/or actions, unless otherwise indicated when contracting or subscribing to any GREENMOTIV S.L products and/or services or as a result of a subsequent revocation of the consent initially granted:

• Sending commercial and/or promotional communications on paper, informing users of the activities, promotions, advertising, news, offers and other information about services and products related to the commercial activity GREENMOTIV S.L.
• The sending of commercial communications by electronic means, informing users of the activities, promotions, advertising, news, offers and other information about the services and products of GREENMOTIV S.L., the same or similar to those that were initially contracted or of interest to the user.
• The retention of data for the periods provided for in the applicable provisions. Notwithstanding the foregoing, all information sent by GREENMOTIV S.L -even by electronic means- to the users of GREENMOTIV S.L for the purpose of carrying out, executing and/or developing any service subscribed or contracted -even if not subscribed by electronic means- by the user and all other tasks, actions and/or activities derived from such contractual and/or commercial relationship shall not be considered commercial and/or advertising communication.

The interested party may revoke its consent to receive commercial communications by sending a letter to GREENMOTIV S.L, at the address C/TUSET 16 PASAGE ARCADIA LOCAL 2B, 08006 BARCELONA, (Barcelona) or by e-mail to the address hola@greenmotiv.com with the subject “BAJA”. It is convenient that the user accepts this privacy policy and in the same way can oppose the sending of commercial communications. This precept can be carried out by including in the web, at the moment of collecting the data, two boxes like this:

• I have read, understand and accept the Privacy Policy.

Commercial communications by electronic means:

• I do not wish to receive commercial communications.

This obligation to obtain prior consent for the sending of commercial communications shall not apply when there is a prior contractual relationship, provided that the provider has lawfully obtained the contact details of the recipient and uses them to send commercial communications concerning products or services of his own company that are similar to those that were initially contracted with the customer. In any case, commercial communications must:

• Be clearly identifiable as such from the beginning of the communication, for example, by inserting at the beginning of the e-mail the word “ADVERTISING” or “PUBLI” in case of sms.
• Offer users the possibility to object to the processing of their data for promotional purposes through a simple and free procedure. For example, insert at the end of the e-mail the following: “If you do not wish to receive further commercial communications, click here”.
• In the case of promotional offers that include discounts, prizes, gifts or contests, the conditions of access or participation must be clearly identified. It is advisable to insert the following clause at the end of the e-mail: “See contest terms and conditions here”.
• Consent to the use of personal data for advertising or commercial purposes must be revocable at any time by a simple and free means. When communications have been sent by e-mail, such communication must include a valid e-mail address where this right can be exercised, and it is forbidden to send communications that do not include such address.

Sample clause to be included in commercial mailings:

In accordance with the provisions of Law 15/1999, of Protection of Personal Data, we inform you that the data contained in this communication are included in an automated file owned by GREENMOTIV S.L. These data will be used exclusively for sending communications that may be of interest to you. We also inform you that at any time you may exercise your rights of access, rectification, opposition and, where appropriate, cancellation, by sending a written communication indicating your personal data to GREENMOTIV S.L, at the following address C/TUSET 16 PASAGE ARCADIA LOCAL 2B, 08006 BARCELONA, (Barcelona). This commercial communication is sent under the protection of Law 34/2002, of Services of the Information Society and Electronic Commerce. If you wish to stop receiving commercial communications, you may request at any time not to receive them by sending an e-mail to hola@greenmotiv.com indicating “Unsubscribe from commercial communications” in the subject line.