Privacy Policy

Last update: 12th October 2022

MDLV Platforms, S.L. a Spanish company with legal address at Avenida del Municipi 14, Floor 36, 182, Benidorm, 03502, Alicante, Spain, and National Identification Number (NIF) B-09767054 («Modelium«) is committed to protecting your personal data. This privacy policy (hereinafter, “Privacy Policy”) will inform you as to how we look after your personal data when you interact with our website (hereinafter, the “Website”) or our platform (hereinafter, the “Software”). 

Contact Details: legal@modelium.com.

1. Privacy principles

Modelium follows these principles in order to protect your privacy. These principles are common in the General Data Protection Regulation 2016/679 (hereinafter, “GDPR”):

• We do not collect any more personal data than is necessary to provide the Services
• We only use your personal data for the purposes specified in this Privacy Policy, unless you agree otherwise
• We do not keep your personal data if it is no longer needed
• Other than as we specify in this privacy policy, we do not share your personal data with third parties.

2. Modelium’s Services

Modelium offers an online service to perform analyses and valuations of renewable energy projects. 

3. Controller or Processor 

Modelium can be both a Controller and a Processor of personal data for the purposes of GDPR. For example, Modelium will be the Controller of personal data when a Customer enters into a contract directly with us, for the processing of said Customer’s data.

In the case of users who browse our website, Modelium will be processor for the processing of data collected here, such as cookies, or any data that is necessary to enjoy our content. 

4. Users’ personal data received from our Customers

To access the Software you will have to provide the following data: Corporate email, First Name and Last Name, Username (alias), Profile Picture (avatar).

5. End Users’ data collected by our Software

For the purposes of providing the services to our Customers’, Modelium’s Software collects the following information from the Users:

• Data on device: We automatically collect device information such as your device ID, model and manufacturer, operating system, version information and IP address, etc.

6. End-user data collected by our Website. 

• Free offer of digital content: 
  • Data collected: Corporate email, First Name and Last Name.
  • Intended use: personalised sending of the requested content.
• Events created by Modelium: in order to be able to participate in our events, we manage the following personal data: Corporate email, First Name and Last Name and Telephone Number. 
• Request for a demo of our software: If you request an appointment for an online demo, we will require and use the following data to contact you and set a date for the demo together: Corporate email, First Name and Last Name and Telephone Number.

Storage period: the data will only be stored for as long as is necessary to achieve the purpose. At the end of any test or demo phase, your data will be deleted if you do not become a customer.

7. Purposes and basis of the processing of your personal data under GDPR

Modelium processes your personal data:

• To reply to your request of demo, contact, or further information as a Customer, provider or User. 
• For the drafting, negotiation or signature of contracts or other agreements with you.
• For securing and presenting our website or Software (log files).

Modelium does not process your personal data for its own purposes. When we process usage and analytics information, as well as some statistical and aggregate data derived from personal data for the improvement and further development of our services, we do so in an anonymized manner.

In the event that the client wishes to use any of the integrations offered by our Software for different functionalities, the client must accept the respective terms and conditions and privacy policy of these providers, and the data will be processed for the purposes determined in said policies. 

8. Legal Basis

The processing of your data is carried out in accordance with the following legal bases: your consent in accordance with Art. 6 para. 1 lit. a) GDPR or, as the case may be, Art. 9 para. 2 lit. a) GDPR, for the performance of a contract with you in accordance with Art. 6 para. 1 lit. b) GDPR, for the fulfilment of legal obligations in accordance with Art. 6 para. 1 lit. c) GDPR or for a legitimate interest in accordance with Art. 6 para. 1 lit. f) GDPR.

The legal basis for processing your data in accordance with the stated processing purposes is:

• Contacts: if you wish to contact us, for example because you send us an email or write to us via a contact form, the legal basis is Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in the complete processing of your contact. Since you are contacting us, we assume that there are no interests on your part that conflict with the processing of your request. If the contact is for the purpose of concluding a contract or the performance of a contract, the legal basis for the processing is § 6 (1) lit. b) GDPR. If consent is given, the legal basis for processing the contact is Art. 6 para. 1 lit. a) GDPR or, where applicable, Art. 9 para. 2 lit. a) GDPR.
• Contracts: The legal basis for processing your personal data for the performance or initiation of contracts is Art. 6 (1) lit. b) GDPR. This includes, in particular, the processing of data through the use of our Software, unless another described processing purpose (and corresponding legal basis) applies and is relevant. In addition, we also process your data in accordance with legal provisions resulting, for example, from tax law. This type of processing is lawful according to Art. 6 (1) c) GDPR. In the case of requests that do not give rise to a contractual relationship, we have a legitimate interest pursuant to § 6 (1) (f) GDPR to keep track of the request data for a limited period of time in order to assert our legal claims or defend ourselves against lawsuits.
• Security and presentation of our Website: Each time our Website is accessed, usage data is transmitted by the respective internet browser and stored in log files, so-called server log files. The data records that are stored are the name of the website accessed, the file, the date and time of access, the amount of data transferred, the notification of successful access, the type and version of the browser, the operating system of the user, the referrer URL (the previously visited page), the IP address and the requesting provider. These log file data records are evaluated to protect our website against attacks, to find and correct errors and to monitor server utilisation. This is also our legitimate interest according to Art. 6 para. 1 lit. f) GDPR. Cookies and other technologies may be necessary for the complete and correct display of our website. Unless otherwise specified, the complete and correct display is a legitimate interest on our part in this data processing in accordance with Art. 6 (1) (f) GDPR.
• Complaints: The legal basis for the processing of your personal data for the filing of complaints through the complaints channel is Art. 6 (1) lit. c) of the GDPR. This includes, in particular, the processing of data through the use of our Software and website.

9. Security

Modelium implements state of the art security standards to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. We also implement appropriate organizational measures to protect your information.

We apply our security standards also when working with business and technology partners. We only select and contract with processors and third parties who use appropriate security measures and provide sufficient guarantees, including technical and organizational measures, to ensure the appropriate protection of the data we entrust with them.

Moreover, Modelium’s employees have signed a Non-Disclosure Agreement or clause in connection to their employment and we have set internal processes such as continuous training and policies that are frequently updated to ensure the availability and resilience of our systems and services. 

10. Sharing of your personal data

Data processed by Modelium is hosted in the EU and processed either within the EU or such third country deemed to offer an adequate level of security by the European Commission, or by service providers that have entered into binding agreements that fully comply with the lawfulness of third country transfers. In this sense, your data will be stored in EU-West3 & EU-South-1 region of Amazon Web Services (AWS).

The current list of subprocessors is: 

• Amazon Web Services (AWS) – Web hosting
• Hubspot – Inbound marketing, sales and customer service – USA

Other recipients of your data may include government agencies and administrations, to the extent that we are legally obliged to do so and service companies, such as tax advisors or lawyers. 

11. International data transfers

The information we collect from you may be processed in third countries as understood in article 44 GPDR. Some third countries, such as the United States, have not currently received an adequacy decision from the European Union under Article 45 of the GDPR, which means that your data may not receive the same level of protection there as under the GDPR. 

International data transfers are usually carried out on the basis of contractual or other rules provided for by law, which aim to ensure adequate protection of your data and which you can consult upon request. In doing so, we rely on the safeguards provided for in Article 46 of the GDPR or, where applicable, the provisions set out in Article 49 of the GDPR. We and our processors aim to apply appropriate safeguards to protect the privacy and security of your personal data. Therefore, we only process your personal data in accordance with the practices described in our Privacy Policy.  

12. Retention period

We keep personal data for different periods, depending on the type of information, the period of our contract with our Customers, legal requirements regarding certain types of data, and other factors. 

Generally speaking, we will stop processing your information when (a) you/your employer is no longer a Customer of Modelium; or (b) you are no longer an employee of our Customer. If circumstance (a) or (b) occurs and we are under no legal or contractual duty to preserve your information for a longer period, we will delete your data.

If we have to retain your information for the purposes of complying with a contractual or legal obligation of retention, or to resolve disputes or enforce our rights we will restrict is access by specific persons or role. 

In relation to the information communicated through the complaints channel, it will be stored for no longer than it is necessary and proportionate in order to comply with the requirements imposed by the Whistleblowers Directive. After that time, the complaints will be suppressed with the pertinent security measures, without applying any blocking obligation.

13. Your rights 

General Data Protection Regulation (GDPR)

Under the GDPR you have certain rights when it comes to our processing of your personal data:

• Right to be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights.
• Right of access: You have the right to obtain access to your personal data.
• Right to rectification: You are entitled to have your personal data rectified if they are inaccurate or incomplete.
• Right to erasure: This right enables you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it. This is not an absolute right to erasure and exceptions apply.

• Right to restrict processing: You have rights to ‘block’ or suppress further use of your personal data. When processing is restricted, we can still store your personal data, but may not use it further.
• Right to data portability: You have a right to obtain and reuse your personal data for your own purposes across different services. 
• Right to object to processing: You have the right to object to certain types of processing.
• Right to lodge a complaint: You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection authority.
• Right to withdraw consent: If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time.
• Right not to be subject to automated-decision making: You have the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal (or similarly significant) effects to you.

Modelium usually acts on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for:

• baseless or excessive/repeated requests; or
• further copies of the same information.

You can address your communications and exercise your rights by sending written communication to the following e-mail address legal@modelium.com. In some cases, the request may be refused if you ask for the deletion of data necessary for the fulfilment of legal obligations. 

14. Changes to this Privacy Policy

We reserve the right to change this Privacy Policy to accommodate product and service development, industry standards, or new regulations. If such changes are material in nature we will do our best to inform you.