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 matters to us and, accordingly, by means of this document we explain which data we collect from users, how we use it and for what purposes, among other particulars.
For your information, we shall never request more information than we genuinely require for the services requested; we shall never share it with third parties, save where legally obliged to do so or with your prior authorisation; and we shall 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, since this document may be amended, given that the provider may modify any information appearing on the website in order to comply with the applicable rules or to update the policy, without any obligation to give prior notice of such matters to users, publication on the provider’s website being sufficient.
DATA CONTROLLER
FRAYGA, S.A. with NIF A08679441, whose registration particulars are recorded in Barcelona, Notarial Protocol 197, Date 17/02/1981, Day Book 4459, Entry 3789; TURISMO, HOTELES Y RESTAURANTES, S.A. with NIF A08586133, Notarial Protocol 3893, Date 30/07/1979, Day Book 335, Entry 190; HORIZONTES ESTRATÉGICOS, S.L. with NIF B61861472, Notarial Protocol 64, Date 15/01/1999, Day Book 742, Entry 843; CHIRINGUITO DE MONCHO’S, S.L. with NIF B60778370, Notarial Protocol 242, Date 08/02/1995, Day Book 634, Entry 91; PLACERES INTELIGENTES, S.L. with NIF B61657490, Notarial Protocol 786, Date 30/04/1998, Day Book 718, Entry 3581; MONCHO’S HOUSE, S.L. with NIF B60822509, Notarial Protocol 723, Date 22/03/1995, Day Book 6370, Entry 132; LA TABERNA DEL CURA, S.L. with NIF B60518446, Notarial Protocol 353, Date 18/02/1994, Day Book 6131, Entry 387; MONCHO’S INICIATIVAS 2000, S.L. with NIF B60518396, Notarial Protocol 355, Date 18/02/1994, Day Book 6131, Entry 384; MNCATERING 98, S.L. with NIF B61418141, Notarial Protocol 1385, Date 06/06/1997, Day Book 694, Entry 990; SEÑORÍO DE SILVA, S.L. with NIF B60518370, Notarial Protocol 352, Date 18/02/1994, Day Book 6131, Entry 386; IMAGINACIÓN Y NEGOCIOS, S.L. with NIF B62489521, Notarial Protocol 278, Date 24/03/2021, Day Book 800, Entry 721; hereinafter, all of them identified as THE CHIPIRON (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
THE CHIPIRON, as the party responsible for the website, in accordance with the provisions of 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, and with the remaining legislation in force on the protection of personal data, and with Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico (Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce) (LSSICE), hereby informs you that it has implemented the necessary security measures, of a technical and organisational nature, in order to guarantee and protect the confidentiality, integrity and availability of the data entered.
METHOD OF OBTAINING THE DATA, WHAT DATA WE COLLECT AND THE PURPOSE THEREOF
The data we collect, the manner in which we obtain it and the purpose of the processing are as follows:
Booking form
- Data required: first name, surname, email, telephone number, country
- Purpose: to manage the 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 be placed on 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 concerning our products and/or services by email, SMS, social media or any other electronic or physical means, where the User has expressly consented thereto;
- Lawful basis: the user’s consent
Performance of the contractual relationship and of the analogous administrative, tax and accounting formalities required under the legislation in force
- Data required: first name and surname, telephone number, address, DNI (Spanish national identity document), email, signature
- Purpose: to carry out internal commercial, tax and administrative management
- Lawful 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 carry out all steps necessary for the proper investigation of the facts reported (including the pursuit of any proceedings connected with those facts, such as disciplinary, judicial or other proceedings).
- Lawful basis: the processing has been implemented 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 — Spanish Law 2/2023 of 20 February on the protection of persons who report regulatory infringements 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 THE CHIPIRON.
You may withdraw your consent at any time by sending a communication with the subject line “Baja” (“Unsubscribe”) to the email address indicated above.
In accordance with the LSSICE, THE CHIPIRON 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 possibility of withdrawing their express consent to receive our communications.
We shall not process your personal data for any purpose other than those described, save where legally obliged to do so or pursuant to a court order.
You shall not be subject to decisions based on automated processing producing effects on your data.
DATA RETENTION PERIOD
Your data shall be retained for as long as the commercial relationship with us subsists or until you exercise your right to erasure, objection or restriction of processing. We shall nevertheless retain your data for the periods laid down by law in the applicable provisions.
RECIPIENTS OF DISCLOSURES OR TRANSFERS
THE CHIPIRON carries out international data transfers arising from the use of the third-party tools set out below. It shall also provide information to the law enforcement authorities under a court order or pursuant to a legal obligation, without prejudice to its ability to block or cancel your account where there may be indications that the user has committed an offence. The information provided shall be only that held by the provider at the relevant time.
The information you provide to us through this website shall be hosted on THE CHIPIRON’s servers, contracted from the company providing 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 likewise uses certain tools in order to supply services necessary for the conduct of its business, which may store your data. Those tools are as follows:
- Google Analytics: to carry out analysis and measurement of users’ use of the website by means of the cookies detailed in our Cookie Policy. The information generated and collected by these cookies concerning such use (including the IP address) shall 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 within the Intuit, Inc. Group. The Rocket Science Group LLC is certified and included on the Data Privacy Framework list.
- Restaurant booking management: CoverManager, the trading name of Restaurant Booking & Distribution Services, S.L.U., 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 THE CHIPIRON by submitting a written communication to the postal address given at the head of this document or by sending an email to lopd@monchos.com stating as the Subject: “PROTECCIÓN DE DATOS: DERECHOS DE LOS AFECTADOS” (“DATA PROTECTION: RIGHTS OF DATA SUBJECTS”).
Rights:
- Right of access: enables the data subject to ascertain and obtain information about their personal data undergoing processing.
- Right to rectification or erasure: enables errors to be corrected and data that proves to be inaccurate or incomplete to be amended
- Right to erasure: enables data that is inadequate or excessive to be deleted
- Right to object: the data subject’s right to have the processing of their personal data not carried out or to have it discontinued.
- Restriction of processing: entails the marking of stored personal data with the aim of limiting 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 them or significantly affects them
As a user, you have the right to withdraw the consent given at any time. The withdrawal of consent shall not affect the lawfulness of 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 shall 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, or unauthorised processing or 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 laid down in the legislation in force.
LANGUAGE
The language applicable to this privacy policy is Spanish. Accordingly, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail.
SOCIAL MEDIA
We inform you that THE CHIPIRON may have a presence on social media. The processing of the data of persons who become followers on social media (and/or who establish any link or connection through social media) of THE CHIPIRON’s official pages shall be governed by this section, as well as by the terms of use, privacy policies and access rules belonging to the relevant social network in each case and previously accepted by the user.
THE CHIPIRON shall 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, and for any other purpose permitted by the rules of the social networks.
The publication of the following content is prohibited:
- Content that is presumptively unlawful under national, EU or international rules, or that involves presumptively unlawful activities or contravenes the principles of good faith.
- Content that infringes the fundamental rights of individuals, fails to observe online courtesy, causes annoyance or may generate negative opinions among our users or third parties, and in general any content that THE CHIPIRON considers inappropriate.
- And, in general, content that contravenes 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.
THE CHIPIRON likewise reserves the right to withdraw, without prior notice, from the website or from the corporate social media page any content deemed inappropriate.
In any event, if you send personal information through the social network, THE CHIPIRON shall be exempt from liability in relation to the security measures applicable to that platform and the user, should they wish to ascertain them, must consult the relevant specific terms of the network in question.
CHANGES TO THIS PRIVACY POLICY
THE CHIPIRON 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 THE CHIPIRON on the terms set out in this Policy for the exercise of rights. Such revocation shall in no case have retroactive effect.
APPLICABLE LAW
As a general rule, relations between THE CHIPIRON and the Users of its online 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 out of or connected with its use.
