This is a courtesy translation. The Spanish version is the original and the only one that prevails for legal purposes: Política de privacidad.
INTRODUCTION
Your privacy is important to us, and therefore, by means of this document, we explain which data we collect from users, how we use it and for what purposes, among other matters.
For your information, we will never request more information than we genuinely need for the services requested; we will never share it with third parties, save where legally required or with your prior authorisation; and we will never use your data for any purpose other than those previously stated.
As users, you should read this Privacy Policy carefully on a regular basis, and whenever you enter your personal data, since this document may be amended, given that the provider may modify any information appearing on the website in order to comply with applicable regulations or to update the policy, without any obligation to give prior notice or to inform users of such obligations, publication on the provider’s website being sufficient.
DATA CONTROLLER:
FRAYGA, S.A. with NIF A08679441, whose registration details are recorded in Barcelona, under Protocol number 197, Date 17/02/1981, Journal 4459, Entry 3789; TURISMO, HOTELES Y RESTAURANTES, S.A. with NIF A08586133, whose registration details are recorded in Barcelona, under Protocol number 3893, Date 30/07/1979, Journal 335, Entry 190; HORIZONTES ESTRATÉGICOS, S.L. with NIF B61861472, whose registration details are recorded in Barcelona, under Protocol number 64, Date 15/01/1999, Journal 742, Entry 843; CHIRINGUITO DE MONCHO’S, S.L. with NIF B60778370, whose registration details are recorded in Barcelona, under Protocol number 242, Date 08/02/1995, Journal 634, Entry 91; PLACERES INTELIGENTES, S.L. with NIF B61657490, whose registration details are recorded in Barcelona, under Protocol number 786, Date 30/04/1998, Journal 718, Entry 3581; MONCHO’S HOUSE, S.L. with NIF B60822509, whose registration details are recorded in Barcelona, under Protocol number 723, Date 22/03/1995, Journal 6370, Entry 132; LA TABERNA DEL CURA, S.L. with NIF B60518446, whose registration details are recorded in Barcelona, under Protocol number 353, Date 18/02/1994, Journal 6131, Entry 387; MONCHO’S INICIATIVAS 2000, S.L. with NIF B60518396, whose registration details are recorded in Barcelona, under Protocol number 355, Date 18/02/1994, Journal 6131, Entry 384; MNCATERING 98, S.L. with NIF B61418141, whose registration details are recorded in Barcelona, under Protocol number 1385, Date 06/06/1997, Journal 694, Entry 990; SEÑORÍO DE SILVA, S.L. with NIF B60518370, whose registration details are recorded in Barcelona, under Protocol number 352, Date 18/02/1994, Journal 6131, Entry 386; IMAGINACIÓN Y NEGOCIOS, S.L. with NIF B62489521, whose registration details are recorded in Barcelona, under Protocol number 278, Date 24/03/2021, Journal 800, Entry 721; hereinafter, all of them identified as MONCHOS CATERING (also the provider)
Postal address: Gran de Gràcia, 81, 08012, Barcelona
Email address: lopd@monchos.com
Data Protection Officer: lopd@monchos.com
DPO contact: lopd@monchos.com
MONCHOS CATERING, as the party responsible for the website, in accordance with the provisions of Reglamento (UE) 2016/679 de 27 de abril de 2016 (RGPD) (Regulation (EU) 2016/679 of 27 April 2016, the General Data Protection Regulation) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and other legislation in force on the protection of personal data, and by Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico (LSSICE) (the Spanish Information Society Services and Electronic Commerce Act), hereby informs you that it has implemented the necessary technical and organisational security measures to guarantee and protect the confidentiality, integrity and availability of the data entered.
METHOD OF OBTAINING DATA, WHICH DATA WE COLLECT AND ITS PURPOSE:
The data we collect, the way in which we obtain it and the purpose of the processing are as follows:
If you make a booking through our website:
Data required: first name and surname, address, email, telephone number and credit or debit card details.
Purpose: to make a booking
Lawful basis: the user’s consent
Group enquiry form:
Data required: first name and surname, email, telephone number, country and postcode
Purpose: to deal with the user’s request to join the waiting list
Lawful basis: the user’s consent
Waiting list form:
Data required: first name and surname, email, telephone number, country and postcode
Purpose: to deal with the user’s request to join the waiting list
Lawful basis: the user’s consent
Newsletter subscription forms:
Data required: email
Purpose: to send you commercial information of interest to you about our products and/or services by email, SMS, social communities or any other electronic or physical means, where the User has expressly consented to this;
Lawful basis: the user’s consent
CV submission form:
Data required: first name and surname, address, email, telephone number, CV
Purpose: to include the Data Subject in currently open staff recruitment processes or in future processes for which the candidate may be suitable. In order to carry out such recruitment, MONCHOS CATERING may administer psychometric tests or competency assessments to verify whether the candidate’s profile meets the requirements of the vacancy; these may not be used for any other purpose. This information is set out in detail in the CV submission section of this policy.
Lawful basis: the user’s consent
To perform the contractual relationship and the analogous administrative, tax and accounting tasks required under the legislation in force
Data required: first name and surname, telephone number, address, national identity document (DNI), email, signature
Purpose: to carry out internal commercial, tax and administrative management
Lawful basis: the Data Subject’s consent and the contractual relationship
7. Whistleblowing Channel Form:
Data required: there is no requirement to provide personal data
Purpose: to manage and/or process the report submitted and to carry out all steps necessary for the proper investigation of the reported facts (including the conduct of any proceedings connected with those facts, such as disciplinary, judicial or other proceedings).
Lawful basis: the processing has been established on the basis of a legal obligation (Ley 2/2023, de 20 de febrero, reguladora de la protección de las personas que informen sobre infracciones normativas y de lucha contra la corrupción — the Spanish Act on the protection of persons who report regulatory breaches and on the fight against corruption) and the data provided by the user is processed on the basis of their consent.
The photographs posted on the website are the property of MONCHOS CATERING. You may withdraw your consent at any time by sending a written communication with the subject line «Baja» (Unsubscribe) to the email address indicated.
In accordance with the LSSICE, MONCHOS CATERING does not engage in SPAM practices and therefore does not send commercial emails that have not been previously requested or authorised by the User. Consequently, in all communications received from the provider, the user has the option to withdraw their express consent to receive our communications. We will not process your personal data for any purpose other than those described, save where legally required or upon judicial request.
You will not be subject to decisions based on automated processing producing effects on your data.
DATA RETENTION PERIOD:
Your data will be retained for as long as the commercial relationship with us continues or until you exercise your right of erasure, objection or restriction of processing. Nevertheless, we will retain your data for the periods legally provided for in the applicable provisions.
RECIPIENTS OF DISCLOSURES OR TRANSFERS:
MONCHOS CATERING carries out international transfers of data through the use of the multi-platform hospitality management application Cheerfy. It will also provide information to the law enforcement authorities under a court order or by virtue of a legal obligation, without prejudice to its power to block or cancel your account where there may be evidence of the commission of an offence by the user. The information provided will be only that held by the provider at that time.
The information you provide to us through this website will be hosted on the MONCHOS CATERING servers contracted from the company that provides the website hosting service. The processing of the entity’s data is governed by a data processing agreement between the provider and that company.
Likewise, the provider uses certain tools to supply services necessary for carrying on its business, which may store your data. These tools are as follows:
Google Analytics: to carry out analysis and measurement of users’ use of the website by means of cookies. The information generated and collected by these cookies about such use (including the IP address) will be transmitted directly to and stored by Google Inc., located at Delaware, 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (" Google "), on its servers in the United States.
Email Marketing: the following is used for the email marketing service:
Mailchimp, The Rocket Science Group LLC, 675 Ponce De Leon Ave NE Ste 5000 Atlanta, GA, 30308-2172 United States, a company of the Intuit, Inc. Group. The Rocket Science Group LLC is certified and listed under the Data Privacy Framework.
Email Marketing and multi-platform management for restaurants:
Cheerfy, LTD, with registered office at 92 Park Street, Camberley, Surrey, GU15 3NY, United Kingdom, is used for managing online orders and for commercial communications.
Restaurant booking management:
Covermanager, Restaurant Booking & Distribution Services S.L., with registered office at Avenida de la Constitución nº24 4ª planta (41001, Sevilla).
RIGHTS OF DATA SUBJECTS:
As a user and Data Subject, you may request the exercise of the following rights before MONCHOS CATERING by submitting a written communication to the postal address given above or by sending an email to info@botafumeiro.es stating as the Subject: «PROTECCIÓN DE DATOS: DERECHOS DE LOS AFECTADOS» (DATA PROTECTION: RIGHTS OF DATA SUBJECTS).
Rights:
Right of access: allows the Data Subject to know and obtain information about their personal data undergoing processing.
Right of rectification or erasure: allows errors to be corrected and data that proves to be inaccurate or incomplete to be amended
Right of cancellation: allows data that is inadequate or excessive to be erased
Right to object: the Data Subject’s right to have the processing of their personal data not carried out or brought to an end.
Restriction of processing: entails the marking of stored personal data with the aim of restricting its future processing, for the establishment or defence of legal claims.
Data portability: the provision to the Data Subject of the data undergoing processing, so that they may transmit it to another controller without hindrance.
Right not to be subject to automated individual decision-making (including profiling): the right not to be subject to a decision based on automated processing which produces effects concerning or significantly affects the Data Subject
As a user, you have the right to withdraw the consent given at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out before such withdrawal.
You also have the right to lodge a complaint with the supervisory authority if you consider that your rights in relation to the protection of your data may have been infringed (aepd.es).
ADDITIONAL INFORMATION
SECURITY MEASURES:
The data you provide to us will be treated confidentially. The provider has adopted all the technical and organisational measures and all the levels of protection necessary to guarantee security in the processing of the data and to prevent its alteration, loss, theft, unauthorised processing or unauthorised access, in accordance with the state of the art and the nature of the data stored. It is likewise guaranteed that the processing and recording in files, programs, systems or equipment, premises and centres comply with the requirements and conditions of integrity and security established in the legislation in force.
LANGUAGE
The language applicable to this privacy policy is Spanish. Therefore, should there be any contradiction in any of the versions provided in other languages, the Spanish version will prevail.
SOCIAL NETWORKS
We inform you that MONCHOS CATERING may have a presence on social networks. The processing of the data of persons who become followers on social networks (and/or who establish any link or connection through social networks) of the official pages of MONCHOS CATERING will be governed by this section, as well as by those terms of use, privacy policies and access rules belonging to the social network concerned in each case and previously accepted by the user.
MONCHOS CATERING will process your data for the purposes of properly administering its presence on the social network, providing information about the provider’s activities, products or services, as well as for any other purpose permitted by the rules of the Social Networks.
The publication of the following content is prohibited:
– Content that is allegedly unlawful under national, EU or international legislation, or that involves allegedly unlawful activities or contravenes the principles of good faith.
Content that infringes the fundamental rights of individuals, breaches netiquette, causes annoyance or may generate negative opinions among our users or third parties and, in general, any content that MONCHOS CATERING considers inappropriate.
– And, in general, content that contravenes the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.
Likewise, MONCHOS CATERING reserves the right to remove, without prior notice, from the website or from the corporate social network any content deemed inappropriate.
In any event, if you send personal information through the social network, MONCHOS CATERING will be exempt from liability in relation to the security measures applicable to that platform and the user, should they wish to know them, must consult the relevant specific terms of the network in question.
CV SUBMISSION
Should the user send their CV through our website, they are informed that the data provided will be processed in order to include them in any recruitment processes that may exist, carrying out an analysis of the applicant’s profile with the aim of selecting the best candidate for the Data Controller’s vacant position. We inform you that this is the only official procedure for accepting your CV, and therefore CVs submitted by any other means will not be accepted. Should there be any change in your data, we ask you to notify us in writing as soon as possible, so that your data is kept duly up to date.
The data will be retained for a maximum period of one year, after which the data will be erased, guaranteeing full respect for confidentiality both in its processing and in its subsequent destruction. Accordingly, once that period has elapsed, and should you wish to continue taking part in the Data Controller’s recruitment processes, we ask you to send us your CV again.
The data may be processed and/or disclosed to the companies forming part of our group during the retention period of your CV and for the same purposes as stated above.
CHANGES TO THIS PRIVACY POLICY
MONCHOS CATERING reserves the right to amend this policy in order to adapt it to legislative or case-law developments.
REVOCABILITY
The consent given, both for the processing and for the disclosure of Data Subjects’ data, may be revoked at any time by notifying MONCHOS CATERING in the terms set out in this Policy for the exercise of rights. Such revocation will under no circumstances have retroactive effect.
LEGISLATION
As a general rule, the relations between MONCHOS CATERING and the Users of its electronic services available on this website are subject to Spanish law and jurisdiction, to which the parties expressly submit, the Courts and Tribunals of Barcelona being competent to resolve all disputes arising from or related to their use.