<h2>PRIVACY AND DATA PROTECTION</h2>
<p>Please note that access to certain content or services will require you to provide personal data. Users shall ensure that their data is truthful, accurate and authentic. <strong>RATOWN CATERING AND EVENTS S.L</strong> will preserve the confidentiality and security of your personal data and carry out the automated processing appropriate to its nature or purpose, under the terms set out in the Data Protection Policy section.</p>
<p>In view of European data protection legislation, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, it is important that you read the <strong>Basic Information</strong>. Please also note that providing your data does not establish, confirm, cancel, legitimise or complete any contractual relationship with our company.</p>
<h2>BASIC INFORMATION</h2>
<h3>DATA CONTROLLER</h3>
<p><strong>RATOWN CATERING AND EVENTS S.L</strong><br>
B64970544<br>
Carretera de Miramar, 38, 08038, Barcelona, Parc de Montjuïc.<br>
Tel.: 93 106 60 52<br>
Email: <a href=”mailto:info@martinezbarcelona.com”>info@martinezbarcelona.com</a></p>
<h3>PRINCIPLES RELATING TO PROCESSING</h3>
<p>Your personal data will be:</p>
<ul>
<li>Processed <strong>lawfully, fairly and transparently</strong> in relation to the data subject.</li>
<li>Collected for <strong>specified, explicit and legitimate purposes</strong> and not further processed in a manner incompatible with those purposes. Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes will not be considered incompatible with the initial purposes.</li>
<li><strong>Adequate, relevant and limited</strong> to what is necessary in relation to the purposes for which it is processed.</li>
<li><strong>Accurate and, where necessary, kept up to date</strong>. Every reasonable step will be taken to ensure that personal data that is inaccurate in relation to the purposes for which it is processed is erased or rectified without delay.</li>
<li>Kept in a form that permits the <strong>identification of data subjects for no longer than is necessary for the purposes of processing</strong>. Personal data may be stored for longer periods provided that it is processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.</li>
<li>Processed in a manner that ensures <strong>appropriate security of the personal data</strong>, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.</li>
</ul>
<h3>LANGUAGE</h3>
<p>The language applicable to this Privacy Policy is Spanish. Therefore, in the event of any contradiction between versions provided in other languages, the Spanish version shall prevail. The interpretation of contracts shall be governed specifically by Articles 1281 et seq. of the Spanish Civil Code.</p>
<h3>PURPOSES</h3>
<ul>
<li>To respond to your requests, invoice these services and manage withdrawals and refunds within the statutory time limits established by Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.</li>
<li>To send you advertising and promotions relating to our restaurant and event organisation activities, in accordance with your areas of interest, by post, electronic means or landline or mobile telephone. We may also invite you to events organised by the company, both in person and online.</li>
</ul>
<h3>REGULATORY COMPLIANCE</h3>
<p>We reserve the right to store and retain information you provide, including the services used, account information and personal data, to comply with applicable laws when evidence is required in arbitration proceedings or before the courts. This information will be kept blocked and pseudonymised to ensure its security, secrecy and confidentiality.</p>
<h3>LAWFULNESS</h3>
<p>We will not process data without explicit consent for each purpose, except where:</p>
<ul>
<li>Processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the data subject’s request before entering into a contract.</li>
<li>Processing is necessary to comply with a legal obligation applicable to the controller.</li>
<li>Processing is necessary to protect the vital interests of the data subject or another natural person.</li>
<li>Processing is necessary for the legitimate interests pursued by the controller or a third party, except where those interests are overridden by the interests or fundamental rights and freedoms of the data subject that require the protection of personal data, particularly where the data subject is a child.</li>
</ul>
<p>For this purpose, we will seek to ensure that appropriate safeguards are in place, which may include encryption or pseudonymisation of the data, to protect the user’s identity.</p>
<h3>GROUNDS FOR PROCESSING</h3>
<p>Consent, contractual relationship and legitimate interest.</p>
<h3>LEGAL BASIS</h3>
<p>Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Your personal data will not be disclosed under any circumstances. Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights. Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce. Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.</p>
<h3>RECIPIENTS</h3>
<p>We disclose data to third parties, such as operators that manage the website and maintain the software application that enables the day-to-day management of our services, which are essential to the management of our activity. We may also give banks access to some of your data in order to collect payment for services through payment gateways.</p>
<h3>RETENTION PERIOD</h3>
<p>The data provided will be retained for a period of 5 years from the most recent contract, unless you have previously requested that it be blocked or deleted, or for the period prescribed by tax legislation. Tax data will be retained for 5 years as required by law.</p>
<h3>DATA QUALITY</h3>
<p>All data requested through the website is mandatory, as it is necessary to provide the user with an optimal service. If all the data is not provided, the provider cannot guarantee the provision of the requested services.</p>
<p>The user shall be solely responsible for the truthfulness and updating of the data provided through the different forms on the website.</p>
<h3>PROFILING</h3>
<p>We do not process your personal data automatically for profiling on the website, except for statistical purposes that do not compromise any fundamental rights of data subjects.</p>
<h3>ADDITIONAL INFORMATION</h3>
<p>You may request additional information about your personal data (“second layer”) at any time, using the same address provided for exercising your rights.</p>
<h3>MINORS</h3>
<p>Our services are not intended for minors or legally incapacitated persons. We understand that they have the authorisation and consent of their parents, guardians or legal representatives. Their use of these services shall be the responsibility of those parents, guardians or representatives, whether through negligence or failure to exercise proper supervision, where this may give rise to non-contractual liability.</p>
<h3>DIGITAL WILL</h3>
<p>Persons connected to the deceased through family or personal ties, as well as their heirs, may contact the controller to access this content and provide any instructions they consider appropriate regarding its use, destination or erasure, provided that they are immediate family members. To do so, a form must be completed and a written request submitted with proof of identity.</p>
<p>The aforementioned persons may not access the deceased’s content or request its modification or deletion where the deceased expressly prohibited this or where a law so provides.</p>
<h3>INTERNATIONAL DATA TRANSFERS</h3>
<p>In some cases, to offer you a better service, we may carry out international data transfers, which shall be governed by <a href=”http://noticias.juridicas.com/base_datos/Privado/574082-regl-2016-679-ue-de-27-abr-proteccion-de-las-personas-fisicas-en-lo-que.html”>Regulation (EU) 2016/679</a> and the various legal grounds provided for therein:</p>
<ul>
<li>With your explicit consent, maintaining all legal safeguards to protect your privacy, with maximum security and preserving the secrecy and confidentiality of the data.</li>
<li>Through contractual clauses defined in <a href=”http://noticias.juridicas.com/base_datos/Privado/574082-regl-2016-679-ue-de-27-abr-proteccion-de-las-personas-fisicas-en-lo-que.html#I666″>Article 46(2)(c) of Regulation (EU) 2016/679</a>, which shall first be submitted for the opinion of the European Data Protection Board as provided for in Article 64 of the Regulation.</li>
<li>Binding corporate rules in accordance with <a href=”http://noticias.juridicas.com/base_datos/Privado/574082-regl-2016-679-ue-de-27-abr-proteccion-de-las-personas-fisicas-en-lo-que.html#I680″>Article 47 of Regulation (EU) 2016/679</a>.</li>
<li>International transfers of data to countries or international organisations that do not have an <strong>adequacy decision</strong> approved by the Commission or that are not covered by any of the safeguards provided for in the preceding article and in <a href=”http://noticias.juridicas.com/base_datos/Privado/574082-regl-2016-679-ue-de-27-abr-proteccion-de-las-personas-fisicas-en-lo-que.html#I666″>Article 46(2) of Regulation (EU) 2016/679</a> shall require prior authorisation from the Spanish Data Protection Agency.</li>
</ul>
<h3>RIGHTS</h3>
<p>You may exercise your rights of access, rectification, cancellation and/or objection, as well as your rights to limitation of purpose and portability. You may contact us by email at <a href=”mailto:info@martinezbarcelona.com”><strong>info@martinezbarcelona.com</strong></a> or write to our postal address, addressing your request to the person responsible for our company’s data file. You will need to provide your personal details and supporting documents together with your request.</p>
<p>To do so, you or a legally authorised representative must provide the following documentation:</p>
<ul>
<li>A photocopy of your Spanish national identity document (DNI).</li>
<li>Sufficient identification and proof of representation.</li>
<li>An explanation of the complaint and its purpose.</li>
<li>A postal address or email address for communications, so that we can contact you as soon as possible.</li>
</ul>
<h3>SUPPLEMENTARY INFORMATION</h3>
<p>You have the right to obtain confirmation of how our company is processing your personal data. You therefore have the right to access your personal data, rectify inaccurate data or request its erasure when it is no longer necessary for the purposes for which it was collected, at any time, easily and free of charge.</p>
<p>You may also <strong>unsubscribe</strong> from promotional messages in accordance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE). To do so, you must provide the following information:</p>
<ul>
<li>The company name and the details of its representative.</li>
<li>The postal and email addresses where you wish to receive communications.</li>
<li>A clear request, for which no reason needs to be given.</li>
</ul>
<h3>RIGHTS</h3>
<p><strong>Right of access:</strong> allows the data subject to know about and obtain information on their personal data undergoing processing.</p>
<p><strong>Right to rectification or erasure:</strong> allows errors to be corrected and data that is inaccurate or incomplete to be amended.</p>
<p><strong>Right to cancellation:</strong> allows data that is inadequate or excessive to be deleted.</p>
<p><strong>Right to object:</strong> the data subject’s right to prevent the processing of their personal data or to have that processing cease.</p>
<p><strong>Restriction of processing:</strong> allows the processing of retained personal data to be restricted in order to limit future processing.</p>
<p><strong>Data portability:</strong> the controller’s duty to provide the data subject’s data undergoing processing and transmit it to another controller, provided that it is in an automated format.</p>
<p><strong>Right not to be subject to automated individual decision-making, including profiling:</strong> the right not to be subject to decisions based solely on automated processing that may infringe the data subject’s fundamental rights.</p>
<p><strong>Right to withdraw consent:</strong> 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 that consent was withdrawn.</p>
<p>You may always contact the supervisory authority, in this case the <strong>Catalan Data Protection Authority or the Spanish Data Protection Agency</strong>, if you believe your requests have not been addressed: <strong>www.agpd.es</strong>.</p>
<h3>SECURITY MEASURES</h3>
<p>The data you provide will be treated confidentially. The controller has adopted all technical and organisational measures and all levels of protection necessary to ensure the security of data processing and to prevent alteration, loss, theft, unauthorised processing or access, taking into account the state of technology and the nature of the stored data. It is also guaranteed that processing and recording in files, programs, systems or equipment, premises and centres comply with the integrity and security requirements and conditions established by current legislation.</p>
<h3>OUR ESTABLISHMENT’S CODE OF CONDUCT</h3>
<p><strong>RATOWN CATERING AND EVENTS S.L</strong> undertakes to ensure that the content of its services:</p>
<ul>
<li>Will not induce or promote sexual, racial or religious discrimination or any other infringement of the fundamental rights and public freedoms recognised by the Spanish Constitution or EU legislation. It will not induce or incite unlawful behaviour.</li>
<li>Will not lead to erroneous conclusions as a result of inaccuracy, ambiguity, exaggeration, omission or similar circumstances.</li>
<li>Will not induce an unacceptable state of anxiety or fear, or take advantage of or exploit the user’s economic, employment or personal hardship.</li>
<li>Will not induce or incite any person to engage in dangerous or risky practices, or practices that threaten health or psychological well-being.</li>
<li>Will not infringe legal or regulatory provisions concerning the secrecy of communications, intellectual property, the right to honour and personal or family privacy, or any other provision applicable to the nature of the service.</li>
<li>Will not contain false information.</li>
<li>Services that request information or personal data, including names, addresses or other data, which includes landline or mobile telephone numbers, must request data that is adequate, relevant and not excessive in relation to the purpose for which it is collected.</li>
</ul>
<p><strong>Users have the right to:</strong></p>
<ul>
<li>Receive objective, prior, accurate and complete information on the conditions under which the products offered to them are provided.</li>
<li>Receive services under the conditions offered or agreed with the company or service provider.</li>
<li>Obtain documents establishing the terms of the contract and invoices for the products paid for, issued in accordance with current legislation.</li>
<li>Submit any complaints they consider appropriate and obtain the official complaint form without delay, together with appropriate guidance on completing it.</li>
<li>Request and obtain action by arbitration bodies as regulated by applicable legislation.</li>
<li>Request and receive assistance from public authorities where necessary to defend their rights as users, regardless of their origin or destination and without prejudice to the powers of other bodies and authorities.</li>
</ul>
