INTRODUCTION
Your privacy matters to us. This document therefore explains, among other things, what data we collect from users, how we use it and for what purposes.
Please note that we will never ask for more information than we actually need for the services requested; we will never share it with third parties, except where required by law or with your prior authorisation; and we will never use your data for any purpose not previously stated.
As a user, you should read this Privacy Policy carefully on a regular basis and whenever you enter your personal data, as this document may be amended: the provider may modify any information appearing on the website in order to comply with the applicable regulations or to update the policy, without any obligation to give users prior notice of such changes, publication on the provider’s website being sufficient.
DATA CONTROLLER:
FRAYGA, S.A. with Tax ID (NIF) A08679441, whose registry details are recorded in Barcelona, Protocol 197, Date 17/02/1981, Journal 4459, Entry 3789; TURISMO, HOTELES Y RESTAURANTES, S.A. with Tax ID (NIF) A08586133, Protocol 3893, Date 30/07/1979, Journal 335, Entry 190; HORIZONTES ESTRATÉGICOS, S.L. with Tax ID (NIF) B61861472, Protocol 64, Date 15/01/1999, Journal 742, Entry 843; CHIRINGUITO DE MONCHO’S, S.L. with Tax ID (NIF) B60778370, Protocol 242, Date 08/02/1995, Journal 634, Entry 91; PLACERES INTELIGENTES, S.L. with Tax ID (NIF) B61657490, Protocol 786, Date 30/04/1998, Journal 718, Entry 3581; MONCHO’S HOUSE, S.L. with Tax ID (NIF) B60822509, Protocol 723, Date 22/03/1995, Journal 6370, Entry 132; LA TABERNA DEL CURA, S.L. with Tax ID (NIF) B60518446, Protocol 353, Date 18/02/1994, Journal 6131, Entry 387; MONCHO’S INICIATIVAS 2000, S.L. with Tax ID (NIF) B60518396, Protocol 355, Date 18/02/1994, Journal 6131, Entry 384; MNCATERING 98, S.L. with Tax ID (NIF) B61418141, Protocol 1385, Date 06/06/1997, Journal 694, Entry 990; SEÑORÍO DE SILVA, S.L. with Tax ID (NIF) B60518370, Protocol 352, Date 18/02/1994, Journal 6131, Entry 386; IMAGINACIÓN Y NEGOCIOS, S.L. with Tax ID (NIF) B62489521, Protocol 278, Date 24/03/2021, Journal 800, Entry 721; hereinafter all jointly referred to as PATRON RESTAURANTE
Postal address: Gran de Gràcia, 81, 08012, Barcelona
Email: lopd@monchos.com
Data Protection Officer: lopd@monchos.com
DPO contact: lopd@monchos.com
PATRON RESTAURANTE, as the party responsible for this website, in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the other data protection legislation in force, and Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), hereby informs you that it has implemented the technical and organisational security measures necessary to guarantee and protect the confidentiality, integrity and availability of the data entered.
HOW WE OBTAIN DATA, WHAT DATA WE COLLECT AND FOR WHAT 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.
- Legal basis: the user’s consent.
- Group request form:
- Data required: first name and surname, email, telephone number, country and postcode.
- Purpose: to handle the user’s request to join the waiting list.
- Legal basis: the user’s consent.
- Waiting list form:
- Data required: first name and surname, email, telephone number, country and postcode.
- Purpose: to handle the user’s request to join the waiting list.
- Legal 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 networks or any other electronic or physical means, where the user has expressly consented to this.
- Legal 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 current recruitment processes or in future processes for which the candidate may be suitable. In order to carry out such selection, PATRON RESTAURANTE may ask you to take psychometric tests or skills assessments to confirm whether your profile meets the requirements of the vacancy; these may not be used for any other purpose. Further details are given in the “CV submission” section of this policy.
- Legal basis: the user’s consent.
- Performance of the contractual relationship and related administrative, tax and accounting procedures required under the legislation in force:
- Data required: first name and surname, telephone number, address, national ID number (DNI), email, signature.
- Purpose: to carry out internal commercial, tax and administrative management.
- Legal basis: the data subject’s consent and the contractual relationship.
- Whistleblowing Channel form:
- Data required: there is no requirement to provide personal data.
- Purpose: to manage and/or process the report submitted and to take all the action necessary to duly investigate the facts reported (including processing any proceedings connected with those facts, such as disciplinary, judicial or other proceedings).
- Legal basis: the processing has been implemented on the basis of a legal obligation (Spanish Law 2/2023 of 20 February on the protection of persons who report regulatory breaches and on the fight against corruption), and the data provided by the user are processed on the basis of their consent.
The photographs published on the website are the property of PATRON RESTAURANTE.
You may withdraw your consent at any time by sending a written request with the subject line “Unsubscribe” to the email address indicated above.
In accordance with the LSSICE, PATRON RESTAURANTE does not engage in SPAM practices and therefore does not send commercial emails that have not been previously requested or authorised by the user. Accordingly, in every communication received from the provider, the user will be able to withdraw their express consent to receive our communications.
We will not process your personal data for any purpose other than those described, except where required by law or by court order.
You will not be subject to decisions based on automated processing that produce effects concerning 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 to erasure, objection or restriction of processing. However, we will retain your data for the periods laid down by law in the applicable provisions.
RECIPIENTS OF DISCLOSURES OR TRANSFERS:
PATRON RESTAURANTE carries out international data transfers through its use of Cheerfy, a multi-platform application for restaurant management. In addition, it will provide information to the law enforcement authorities under a court order or where required by a legal provision, without prejudice to its right to block or cancel your account if there are indications that the user may have committed an offence. The information provided will be limited to that held by the provider at that time.
The information you provide to us through this website will be hosted on the servers of PATRON RESTAURANTE 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.
The provider also uses certain tools to deliver services necessary for the conduct of its business, which may store your data. These tools are as follows:
Google Analytics: to analyse and measure how users use 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 in Delaware, 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”), on its servers in the United States.
Email Marketing: 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 included on the Data Privacy Framework list.
Email Marketing and multi-platform management for restaurants:
- Cheerfy, LTD, with registered office at 92 Park Street, Camberley, Surrey, GU15 3NY, United Kingdom, used to manage 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, Seville).
RIGHTS OF DATA SUBJECTS:
As a user and data subject, you may exercise the following rights before PATRON RESTAURANTE by sending a written request to the postal address given above or by email to lopd@monchos.com with the subject line “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 to rectification or erasure: allows errors to be corrected and data that prove to be inaccurate or incomplete to be amended.
- Right to erasure: allows data that are inadequate or excessive to be deleted.
- Right to object: the data subject’s right to prevent the processing of their personal data or to have it stopped.
- Restriction of processing: involves marking stored personal data in order to restrict their future processing, for the establishment, exercise or defence of legal claims.
- Data portability: provision of the data undergoing processing to the data subject so that they may transmit them 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 legal effects concerning the data subject or similarly significantly affects them.
As a user, you have the right to withdraw your consent at any time. Withdrawal of consent will not affect the lawfulness of processing carried out before its withdrawal.
You also have the right to lodge a complaint with the supervisory authority if you consider that your data protection rights 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 the security of data processing and to prevent their alteration, loss, theft, unauthorised processing or access, having regard to the state of the art and the nature of the data stored. It is further guaranteed that the processing and recording of data in files, programs, systems or equipment, premises and centres comply with the integrity and security requirements and conditions laid down in the legislation in force.
LANGUAGE
The language applicable to this privacy policy is Spanish. Accordingly, in the event of any inconsistency between the Spanish version and any version provided in another language, the Spanish version shall prevail.
SOCIAL MEDIA
We hereby inform you that PATRON RESTAURANTE may have a presence on social media. The processing of the data of persons who follow the official pages of PATRON RESTAURANTE on social media (and/or who establish any link or connection through social media) will be governed by this section, as well as by the terms of use, privacy policies and access rules of the relevant social network in each case, previously accepted by the user.
PATRON RESTAURANTE will process your data for the purposes of properly managing its presence on the social network, providing information about the provider’s activities, products or services, and for any other purpose permitted by the social networks’ rules.
The publication of the following content is prohibited:
– Content that is allegedly unlawful under national, EU or international law, or that involves allegedly unlawful activities or breaches the principles of good faith.
– Content that infringes the fundamental rights of individuals, breaches online etiquette, causes annoyance or may give rise to negative opinions among our users or third parties and, in general, any content that PATRON RESTAURANTE considers inappropriate.
– And, in general, content that breaches the principles of lawfulness, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.
Furthermore, PATRON RESTAURANTE reserves the right to remove from the website or from the corporate social network, without prior notice, any content it considers inappropriate.
In any event, if you send personal information through the social network, PATRON RESTAURANTE shall bear no liability in relation to the security measures applicable to that platform, and users wishing to know about them should consult the specific terms and conditions of the network in question.
The processing of the data of persons who send an enquiry via the WhatsApp account of PATRON RESTAURANTE will be governed by this section, as well as by the terms of use, privacy policies and access rules of the application in each case, previously accepted by the user. PATRON RESTAURANTE will process your data for the purpose of properly handling your enquiry and for any other purpose relating to the administrative management of the service. Your data are shared with WhatsApp Ireland Limited, whose technical security measures ensure the confidentiality, integrity and availability of your information, as stated in its own privacy policy, and with WhatsApp LLC, a company located in the USA that participates in the Data Privacy Framework approved by the European Commission. No other disclosures are envisaged, except where required by law or by court order. Your data will be retained for as long as necessary for the purpose for which they were obtained and, once no longer needed, will be duly blocked, archived and retained for the period laid down by law. The use of the WhatsApp account of PATRON RESTAURANTE to send content other than that necessary to answer the enquiry is prohibited, as is any content that is unlawful under national or international law, infringes the fundamental rights of individuals or, in general, breaches the principles of lawfulness, honesty, responsibility, protection of privacy, consumer protection and intellectual and industrial property rights.
REMARKETING AND RETARGETING
Remarketing is a system that makes it possible to create adapted or personalised advertisements for users who have previously visited a website, in this case ours. It is a solution associated with Google Ads, aimed at achieving a better return on investment (ROI). Remarketing places a cookie on the user’s computer, and a banner of the provider is displayed on sites affiliated with Google AdSense that show display advertisements.
Retargeting is the technique used, by means of a tracking system, to show display advertisements on other websites to a user who has left our site without completing a process we wanted them to complete (registration, purchase, request, etc.). These advertisements are mainly aimed at achieving our website’s conversion objective.
The information we gather through these functions is collected by the cookies of Meta, “X”, DoubleClick and Google Ads. You can find out what data these cookies collect in the privacy policy of each service:
If you do not wish this information to be collected by these cookies, disable the use of Google cookies via Google’s ad settings. You may also disable the use of cookies by a third-party provider via the Network Advertising Initiative opt-out page.
This type of service makes it possible to interact with social networks or other external platforms. The interactions and the information obtained by the provider will always be subject to the user’s privacy settings on each social network. Where a service enabling interaction with social networks is installed, it may collect web traffic data relating to the pages on which it is installed even if users do not use the service.
META ADS
The provider’s website uses Meta Ads, Meta’s advertising platform, which allows campaigns and advertisements to be created. When an advertisement is created, the audience can be segmented by:
- Location;
- Demographic data (age, sex, etc.);
- Interests (activities, hobbies, etc.);
- What they buy online and through other channels;
- Etc.
From the moment the user enters their data in the form provided to subscribe to the newsletter, the data obtained through Meta Ads are subject to this privacy policy. Under no circumstances will information from Meta be used for any other purpose.
VIDEO SURVEILLANCE
Images are recorded for the purpose of safeguarding the security of persons and property, as well as of the premises.
Users are informed by means of a sufficiently visible video surveillance sign, placed before the camera, indicating that the premises are under video surveillance.
No disclosures are envisaged, except to the law enforcement authorities, and no international data transfers will be made.
Images will be retained for a maximum period of 30 days from the time they are recorded. Once that period has elapsed, the images must be erased in accordance with the legislation in force, which provides that “erasure shall result in the blocking of the data, which shall be retained solely at the disposal of the Public Administrations, Judges and Courts, for the purpose of addressing any liabilities arising from the processing, for the limitation period thereof. Once that period has expired, the data must be deleted”.
CV SUBMISSION
If the user sends 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 arise, by analysing the applicant’s profile with the aim of selecting the best candidate for the Controller’s vacancy. Please note that this is the only official procedure for accepting your CV; CVs sent by any other means will not be accepted. Should there be any change to your data, please notify us in writing as soon as possible so that your data can be kept duly up to date.
The data will be retained for a maximum period of one year, after which they will be deleted, ensuring full respect for confidentiality both in their processing and in their subsequent destruction. Accordingly, once that period has elapsed, if you wish to continue taking part in the Controller’s recruitment processes, please send us your CV again.
The data may be processed by and/or disclosed to the companies that make up our group for the period during which your CV is retained and for the same purposes stated above.
CHANGES TO THIS PRIVACY POLICY
PATRON RESTAURANTE reserves the right to amend this policy in order to adapt it to new legislation or case law.
REVOCABILITY
The consent given, both for the processing and for the disclosure of data subjects’ data, may be withdrawn at any time by notifying PATRON RESTAURANTE in the manner established in this Policy for the exercise of rights. Such withdrawal shall in no case have retroactive effect.
APPLICABLE LAW
As a general rule, relations between PATRON RESTAURANTE and the users of its online services on this website are governed by Spanish law and subject to Spanish jurisdiction, to which the parties expressly submit, and the Courts and Tribunals of Barcelona shall have jurisdiction to resolve any disputes arising from or relating to their use.
