This is a courtesy English translation. The legally binding version is the Spanish text; in the event of any discrepancy, the Spanish version shall prevail.
Website Owner
- Company Name
- Yoiba Energy Gestores Energeticos S.L.
- Trade Name
- Yoiba Energy
- Registered Office
- Calle Anabel Segura 11, Building A, 4th Floor, Office C2. 28108 Alcobendas, Madrid.
- Tax ID (CIF)
- B87744918
- Telephone
- 91 444 29 73
- [hidden address]
- Commercial Registry
- Registered at the Commercial Registry of Madrid, Volume 35675, Book 0, Folio 23, Section 8, Sheet M-641127, Entry 1.
- Domain name
- www.yoibaenergy.es
Purpose and Conditions of Use
YOIBA ENERGY is the party responsible for the website www.yoibaenergy.es and makes this document available to users in order to comply with the obligations set out in Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all website users of the conditions of use of the website.
Accessing and browsing this website implies that the user is aware of these conditions of use, as well as of any other notices, rules of use and instructions that may be established. The use of specific features (such as the contact form) will require the express and informed consent of the user, in accordance with the GDPR and the LOPDGDD.
The owner reserves the right to modify any information that may appear on the website, without any obligation to give prior notice or make such changes known to users, it being deemed sufficient to publish them on the owner's website.
Access to this website is free of charge, notwithstanding that, for certain services, particular conditions may be established that condition access to or use of certain content.
Limitation of Liability
Access to this website is at the user's own risk, the user being responsible for using suitable means to avoid any relevant and controllable risks.
The owner disclaims any liability arising from the information published on its website, provided that such information has been manipulated or introduced by a third party unrelated to it. The owner is not responsible for information and content stored, including but not limited to forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independently on the owner's website.
Notwithstanding the foregoing, and in compliance with arts. 11 and 16 of the LSSICE, the owner makes itself available to all users, authorities and security forces, actively collaborating in the removal or, where appropriate, blocking of any content that may affect or contravene national or international legislation, the rights of third parties or public morality and order. Should a user consider that the website contains any content that may be liable to such classification, please notify the website administrator immediately.
The Owner shall not be liable for any delays or failures that may occur in accessing, operating and functioning of the Website, or its services and/or content, nor for any interruptions, suspensions or malfunctioning thereof.
YOIBA ENERGY reserves the right to interrupt or terminate at any time the service offered through the portal www.yoibaenergy.es.
The Owner does not guarantee the absence of viruses or similar elements in the electronic documents and files stored in its computer system and on its Website that could cause software and hardware alterations for the user. The use of the Website and its content implies the user's acceptance of the aforementioned risks and releases the Owner from any liability for damages of any kind arising from the possible presence of viruses or other similar elements.
Protection of Personal Data
Merely visiting the website does not require the user to provide any personal data. However, in order to use some of its services or access certain content, users must first provide certain personal data. The user warrants that such data is truthful and is responsible for notifying any change to it.
Where personal data is provided, the owner is committed to complying with European and Spanish data protection regulations, and guarantees full compliance with the obligations set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD), as well as the implementation of appropriate technical and organisational measures pursuant to art. 32 of the GDPR.
The owner makes the YOIBA ENERGY Privacy Policy available to users in the section so indicated on the website.
Intellectual and Industrial Property
The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics are the property of the owner or, where applicable, the owner holds an express licence or authorisation from the authors. All website content is duly protected by intellectual and industrial property regulations and registered in the corresponding public registries.
Regardless of the purpose for which it was intended, the total or partial reproduction, use, exploitation, distribution and commercialisation requires in all cases the prior written authorisation of the owner. Any use not previously authorised by the owner shall be considered a serious breach of the author's intellectual or industrial property rights.
The designs, logos, text and/or graphics not belonging to the owner that may appear on the website belong to their respective owners, who are themselves responsible for any controversy that may arise in relation to them. In any case, the owner has the express and prior authorisation of such owners. The owner grants no licence or authorisation over its intellectual and industrial property rights or over any other property or right related to the website, the services or its content.
The owner does not expressly authorise third parties to redirect directly to the specific content of the website, and must in all cases redirect to the owner's main website.
The owner acknowledges the corresponding industrial and intellectual property rights in favour of their holders, the mere mention or appearance thereof on the website not implying the existence of any rights or liability of the owner over them, nor any endorsement, sponsorship or recommendation by the owner.
To make any observation regarding possible infringements of intellectual or industrial property rights, as well as regarding any of the website content, you may do so through the following email address: [hidden address]
Security Measures
This site applies the highest security measures to guarantee the confidentiality of communications with the client, endeavouring to establish all technical means at its disposal to prevent the loss, misuse, alteration, unauthorised access and theft of the data that the user provides through the site.
Applicable Law and Jurisdiction
These General Conditions of use of the website shall be governed by Spanish law, to which the parties expressly submit, the Courts and Tribunals of the user's domicile being competent to resolve all disputes arising from or related to its use. Should the user be domiciled outside Spanish territory, YOIBA ENERGY and THE USER submit, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of Madrid.
Data Privacy Policy
Identification of the Data Controller
- Company Name
- Yoiba Energy Gestores Energeticos S.L.
- Trade Name
- Yoiba Energy
- Registered Office
- Calle Anabel Segura 11, Building A, 4th Floor, Office C2. 28108 Alcobendas, Madrid.
- Tax ID (CIF/NIF)
- B87744918
- Commercial Registry
- Registered at the Commercial Registry of Madrid, Volume 35675, Book 0, Folio 23, Section 8, Sheet M-641127, Entry 1.
- Domain name
- www.yoibaenergy.es
Processing of Personal Data
In accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD), the party responsible for the website, in compliance with arts. 13 and 14 of the GDPR, informs all website users who provide or are about to provide their personal data that such data will be incorporated into the Record of Processing Activities maintained by YOIBA ENERGY pursuant to art. 30 of the GDPR.
Users expressly accept, freely and unequivocally, that their personal data be processed by YOIBA ENERGY for the following purposes:
- Commercial communications: Sending commercial communications about products and services related to the energy sector through the following channels: email, telephone and professional social networks (in particular LinkedIn). In accordance with art. 21 of the LSSI-CE, these communications require the prior, express and informed consent of the user, except where there is a prior contractual relationship and the communications concern products or services similar to those contracted (exception of art. 21.2 LSSI-CE). The user may revoke their consent or object to the sending of commercial communications at any time, free of charge, by the means provided in each communication or through the channels set out in the "User Rights" section. Personal data will not be transferred to third parties for this purpose.
- Statistical studies: Carrying out statistical studies.
- Processing of requests: Processing orders, requests or any kind of enquiry made by the user through any of the contact methods made available to the user on the company's website.
Legal Basis for Processing
The processing of your personal data is based on the following legal grounds set out in art. 6 of the GDPR:
- Consent of the data subject (art. 6.1.a GDPR), to manage the requests and enquiries submitted through the contact form and, where applicable, for the sending of commercial communications.
- Performance of a contract (art. 6.1.b GDPR), where there is a commercial relationship between the user and YOIBA ENERGY.
- Compliance with legal obligations (art. 6.1.c GDPR) in commercial, tax and data protection matters.
- Legitimate interest (art. 6.1.f GDPR), to ensure the security of the website against automated submissions (Cloudflare Turnstile CAPTCHA) and, where applicable, for the sending of commercial communications to existing clients about products or services similar to those previously contracted (art. 21.2 LSSI-CE), the user being able to object at any time.
Data Retention Period
Personal data will be kept for the time strictly necessary to fulfil the purpose for which it was collected and, in any case, for as long as the commercial relationship with the user is maintained. Once that relationship has ended, the data will be kept duly blocked for the applicable legal periods:
- 6 years for commercial obligations (art. 30 of the Commercial Code).
- 4 years for tax obligations (art. 66 of the General Tax Law).
- The specific periods applicable should any administrative or judicial proceedings be initiated.
In the case of simple enquiries or requests through the contact form where no subsequent commercial relationship is established, the data will be deleted one (1) year after the last contact.
Transfer of Data
YOIBA ENERGY expressly informs and guarantees users that their personal data will under no circumstances be transferred to third-party companies, and that whenever any type of transfer of personal data is to take place, the express, informed and unequivocal consent of the data subjects would be requested beforehand.
Nature of the Data Requested
The fields marked as mandatory on the website forms (indicated with an asterisk) are necessary to properly manage the user's request; their omission will prevent processing. Unmarked fields are voluntary and their inclusion is at the user's discretion.
User Rights
YOIBA ENERGY guarantees the user, in all cases, the exercise of the rights recognised in arts. 15 to 22 of the GDPR: access, rectification, erasure ("right to be forgotten"), objection, restriction of processing, data portability and the right not to be subject to automated individual decisions. Likewise, the user has the right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) if they consider that the processing of their data does not comply with current regulations. To exercise these rights, the user may send an express request, together with a copy of their ID document, through the following means:
- Email: [hidden address]
- Postal mail: Calle Anabel Segura 11, Building A, 4th Floor, Office C2. 28108 Alcobendas, Madrid.
Likewise, the user may unsubscribe from any of the subscription services provided by clicking on the unsubscribe section of all emails sent by YOIBA ENERGY.
Data Security Measures
Likewise, YOIBA ENERGY has adopted all the technical and organisational measures necessary to guarantee the security and integrity of the personal data it processes, as well as to prevent its loss, alteration and/or access by unauthorised third parties.
Cookie Policy
This website uses only strictly necessary cookies to ensure the correct functioning of the contact form and its protection against automated submissions (bots and spam). No analytics, advertising, profiling, geolocation or social network cookies are used.
In accordance with art. 22.2 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) and the Guide on the use of cookies published by the Spanish Data Protection Agency, strictly necessary cookies and security cookies are exempt from the duty to obtain the user's prior consent. Nevertheless, their existence is disclosed for the sake of transparency.
Web analytics: Cloudflare Web Analytics
This site uses Cloudflare Web Analytics to measure traffic in an aggregated way (number of visits, most viewed pages, performance). This tool does not use cookies, does not track users individually and does not build profiles; it does not store identifiers on the device. The processing is based on the legitimate interest of understanding the use of the site (art. 6.1.f GDPR). The service is provided by Cloudflare, Inc. (United States); see its policy at www.cloudflare.com/privacypolicy/.
Third-party cookies: Cloudflare Turnstile
The contact form integrates the Cloudflare Turnstile service as a CAPTCHA mechanism to prevent its use by bots. This service, provided by Cloudflare, Inc. (United States), may set the following cookies in the user's browser:
- __cf_bm — Bot management cookie. Purpose: to distinguish between human and automated traffic in order to protect the form. Duration: 30 minutes. Type: strictly necessary (security).
- cf_clearance — Cookie verifying completed challenges. Purpose: to prevent the user from having to pass the CAPTCHA repeatedly during the session. Duration: up to 30 days. Type: strictly necessary (security).
These cookies are only set when interacting with the contact form. Simply browsing the website without submitting the form does not generate these cookies.
International data transfer
Cloudflare, Inc. is a provider established in the United States, so the use of Turnstile involves an international transfer of data outside the European Economic Area. Such transfer is covered by the Standard Contractual Clauses approved by the European Commission through Decision 2021/914, as well as by Cloudflare's adherence to the EU–US Data Privacy Framework. For more information: www.cloudflare.com/privacypolicy/.
Managing cookies in your browser
The user can configure their browser to block or delete cookies at any time, although this may prevent the contact form from working correctly (as the CAPTCHA verification will not be passed). Instructions for the most common browsers:
- Chrome: Settings → Privacy and security → Cookies and other site data.
- Firefox: Settings → Privacy & Security → Cookies and Site Data.
- Safari: Preferences → Privacy → Manage Website Data.
- Edge: Settings → Cookies and site permissions → Cookies and stored data.
Duty to Inform
In compliance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD), we inform you that your personal data will be processed under the responsibility of YOIBA ENERGY, S.L. and will be incorporated into the data controller's Record of Processing Activities pursuant to art. 30 of the GDPR, for the purpose of managing your supply contract and communications relating thereto.
The data requested from you is necessary, such that failing to provide it will make it impossible to provide the requested service; in this regard, you expressly consent to its collection and processing for the aforementioned purpose.
In any case, you may exercise the rights of access, rectification, erasure, objection, restriction of processing and data portability recognised in arts. 15 to 22 of the GDPR by writing to the registered office, located at Calle Anabel Segura 11, Building A, 4th Floor, Office C2. 28108 Alcobendas, Madrid. You may also lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).
Should any change occur in your personal data, we kindly ask you to notify us in order to keep it up to date.