This privacy policy applies to the processing of the personal data of customers and/or users of the website www.tiopepe.com/restaurant for which CATERING LA BUGANVILLA, S.L. is the Data Controller.

CONFIDENTIALITY AND DATA PROTECTION

The purpose of this Privacy Policy is to provide information about the rights available to you under 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, repealing Directive 95/46/EC (General Data Protection Regulation), and Organic Law 3/2018. Information regarding your personal data is provided in accordance with Article 13, Section 2, of the aforementioned Regulation and Organic Law 3/2018. 

By providing us with your data, the customer and/or user declares that they have read and understood this Privacy Policy and give their unequivocal and express consent to the processing of their personal data in accordance with the purposes and terms set forth herein. 

CATERING LA BUGANVILLA, S.L. may modify this Privacy Policy to adapt it to legislative, case-law, or interpretative developments issued by the Spanish Data Protection Agency. These privacy conditions may be supplemented by the Legal Notice, Cookie Policy, and General Terms and Conditions that may apply to specific products or services where access thereto involves particular requirements regarding the protection of personal data.

BASIC INFORMATION ON DATA PROTECTION 

INTRODUCTION:

In this document, you will find detailed information regarding the following aspects:

• Who owns this Website
• Who is responsible for processing your data
• How we collect your personal information
• For what purpose we process your data
• How long we retain it
• What legal basis applies in each case
• To which recipients we disclose your data and any international transfers
• What rights you have

ADDITIONAL INFORMATION ON DATA PROTECTION: 

1.1  Who owns this website?

1.2  Who is responsible for processing your personal data?

 1.3  How do we collect your personal information? 

 The Company may collect information about you through various means:

• Information provided by the user through the website when requesting a reservation at our restaurant. At the time your data is collected, you will be informed about the identity of the data controller, the purpose of the processing, the recipients of the data, and how to exercise your rights.

Generally, the information you provide includes: first name and surname, address, tax identification number, date of birth, email address, contact telephone number, and payment details. 

• Information collected when you browse the website: while you are browsing our Website, the Company obtains limited personal information that allows it to understand how the Website is used, improve its performance, and provide a better service to Users. In certain cases, we may display advertising based on your browsing habits. This information includes: your device's Internet Protocol (IP) address, browser software, operating system, date and time of access, and information about how you use our Website. This information is collected through cookies. For more information, please consult our Cookie Policy.

1.4  For what purpose will we process your personal data and how long will we keep it?

• The Company will process your personal data exclusively for specified, explicit, and legitimate purposes and will not process it in a manner incompatible with those purposes.
• The main uses we may make of your personal information are described below:

1.5  What is the legal basis for processing your data?

 1.6  To whom will your data be disclosed? 

In order to fulfill the purposes described in this Privacy Policy, data may be disclosed to companies within the González Byass Group and to third-party service providers that provide services to the Company in the ordinary course of its business and in connection with the services provided to Users, such as:

• Technology service providers: IT systems, website development and hosting, data hosting, and communication delivery services.
• Marketing and advertising service providers.
• Advisory service providers.
• Financial institutions.

Where required by applicable law and in compliance with the Company's obligations, data may be disclosed to public administrations and authorities.

Only where the User has given express consent will their data be disclosed to the González Byass Group companies listed below and to Pedro Domecq S.A. de C.V. (registered office at Presidente Masaryk 275, Polanco 11560, MEXICO CITY, United Mexican States, Tax ID RFC PDO 170316574, whose principal activity is the production and marketing of wines and spirits), who will use the data exclusively for the following purposes:

• Conducting market research and commercial prospecting, consumer habit reports, statistical analyses, and market trend studies;
• Sending you commercial communications regarding products and/or services that may be of interest to you.

The González Byass Group companies are listed in the following table:

• Under no circumstances will data be disclosed to third parties for purposes other than those described in this document.

 Please note that, in some cases, some of the recipients referred to above (service providers or González Byass Group companies) may be located outside the European Union. In such cases, your data will be transferred with appropriate safeguards in place and with due regard for the security of your data:

• Either because the recipients are located in third countries for which the European Commission has adopted an adequacy decision;
• Or because the Company has entered into Standard Contractual Clauses approved by the European Commission with the recipients.

https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en

1.7  What rights do you have when you provide us with your data? 

 The Company guarantees the exercise of your rights.

To this end, you may contact the Company at its postal address or at the email address provided in this document in order to exercise the following rights:

1. The right to request access to personal data concerning the data subject.
2. The right to request rectification or erasure.
3. The right to request restriction of processing.
4. The right to object to processing.
5. The right to data portability.

You may request the forms required to exercise these rights by sending an email to the address provided in this document.

Given the strictly personal nature of exercising any of these rights, you must attach a copy of your identity card or equivalent proof of identity to your request.

You may contact the Spanish Data Protection Agency (Agencia Española de Protección de Datos) to obtain additional information regarding your rights or to lodge a complaint, particularly if you have not obtained satisfaction in exercising your rights. All necessary information can be obtained through the website www.agpd.es.

1.8.  What security measures are applied?

 CATERING LA BUGANVILLA, S.L. implements the security measures required by the GDPR that are appropriate to the nature of the data being processed at any given time. Notwithstanding the foregoing, Users should be aware that no system security is completely invulnerable and that malicious actions by third parties may occur, although CATERING LA BUGANVILLA, S.L. deploys all reasonable means at its disposal to prevent such actions. You may request further information about our security measures by emailing lopd@gonzalezbyass.es. 

1. Ownership of the Website 

The sole owner and lawful holder of the contents of this website is CATERING LA BUGANVILLA, S.L., Tax ID (CIF) B11887312, with registered office at c/ Manuel Mª González, 12; 11403 Jerez de la Frontera (Cádiz) – Spain. Registered with the Commercial Registry of the Province of Cádiz, Volume 1997, Sheet CA-41,232, Folio 145, Companies Book, Section 8. Hereinafter referred to as “the COMPANY”. 

2. Acceptance of the General Terms of Use 

These General Terms govern the use of the services provided through our website. By browsing and/or using the services of the Website, you acquire the status of user. Both browsing and the use of any of the Website’s services imply acceptance by the user, without reservation of any kind, of each and every one of these General Terms of Use and any General Terms of Contracting governing the provision of the services offered. The COMPANY may, at any time and without prior notice, make modifications and updates to the information contained on its website or to its configuration or presentation. 

3. Liability of the COMPANY 

The COMPANY assumes no liability arising from the incorrect, inappropriate, or unlawful use of the information appearing on this website.  The COMPANY makes every reasonable effort to ensure that the information provided through its website is clear, understandable, and appropriate, and to avoid errors whenever possible and, where applicable, to correct or update them. However, within the limits established by law, the COMPANY accepts no liability arising from the lack of truthfulness, completeness, updating, or accuracy of the data or information contained on its web pages.  The COMPANY shall not be liable for any damages that may arise from: (i) interference, omissions, interruptions, computer viruses, malfunctions, or disconnections in users' equipment caused by circumstances beyond the control of the COMPANY; (ii) delays or blockages in use caused by deficiencies or overloads of the Internet; (iii) damage caused by third parties through unlawful intrusions beyond the control of the Company and not attributable to the COMPANY; or (iv) the inability to provide the service or allow access due to causes not attributable to the COMPANY, whether due to the user, third parties, or force majeure events.  The COMPANY’s web pages may contain links to third-party websites that the COMPANY cannot control. Therefore, the COMPANY assumes no responsibility for the content that may appear on such third-party websites.  The COMPANY shall not be responsible for any improper use that third parties may make of this Website or for any information that they may transmit to third parties through it. The content provided through this Website is for informational purposes only; therefore, any use made of such content by the user and any consequences, damages, or losses arising therefrom shall be the sole responsibility of the user. The COMPANY reserves the right to take any legal action it deems appropriate arising from any unlawful use by third parties of the content of its website. 

4. Industrial and Intellectual Property 

All industrial property rights appearing on this website (trademarks, trade names, designs, etc.) are the exclusive property of the COMPANY, companies within the COMPANY Group, or are lawfully exploited under agreements or licenses, and are registered with the relevant national, European Union, or international authorities and protected under the applicable industrial property legislation. The intellectual property rights relating to the content, texts, guides, corporate identifiers, images, and other materials on this Website belong to the COMPANY or to the individuals and entities identified on this Website and are protected by Spanish law and applicable European Union and international regulations. Unauthorized reproduction, distribution, commercialization, or transformation of such content—except where legally permitted for personal and private use—constitutes an infringement of the intellectual property rights of the COMPANY or the relevant rights holder. The total or partial reproduction, distribution, commercialization, or transformation of any content on this Website without the prior written authorization of the COMPANY is prohibited. Printing and downloading extracts from the content of the COMPANY's website are authorized solely for personal and private use. Requests in this regard may be sent to lopd@gonzalezbyass.es.  To exercise the right of quotation, the reference “© CATERING LA BUGANVILLA, S.L.” must be included as the owner of the extracts of the content or documents cited, together with the website www.tiopepe.com/restaurant  as the source of the information where applicable. In cases where the extracts of content or documents included on the Website are owned by a third party, the notice “© [name of owner]” must be included as published on the COMPANY's Website. In any event, notification must be sent by email to lopd@gonzalezbyass.es.

5. Personal Data Protection 

In order to access some of the services that the COMPANY offers through the website www.tiopepe.com/restaurant, you will be required to provide certain personal data. You may consult our Privacy Policy.

6. The user undertakes to comply with these General Terms of Use

And to comply with the instructions for use contained on the Website and always act in accordance with the law, good customs, and the requirements of good faith, exercising due diligence appropriate to the nature of the service enjoyed. The User undertakes: (i) if registering as a user, to provide accurate information and keep such information up to date; (ii) not to introduce, store, or disseminate on or from the Website any defamatory, insulting, obscene, threatening, xenophobic information or any material that infringes morality, public order, fundamental rights, freedoms, honor, privacy, image rights of third parties, or applicable legislation in general; (iii) not to introduce, store, or disseminate through the Website any computer program, data, virus, code, hardware, telecommunications equipment, or any other electronic or physical instrument or device capable of causing damage to the Website, any of its services, or any equipment, systems, or networks belonging to any user, the COMPANY’s suppliers, or any third party, or otherwise capable of altering or disrupting their normal operation; (iv) to properly safeguard the “Username” and “Password” assigned to them as identifiers and access credentials for the Services, undertaking not to transfer their use or permit access to third parties, and assuming responsibility for any damages arising from improper use thereof. The user also undertakes to notify the COMPANY as quickly as possible of any loss or theft, as well as any risk of access to the “Username” and/or “Password” by a third party; (v) not to carry out advertising, promotional, or commercial exploitation activities through the Website, nor to use the content and, in particular, information obtained through the Website to send advertising, direct marketing messages, or communications for any commercial purpose, nor to collect or store personal data of third parties; (vi) not to use false identities or impersonate others in the use of the Website or any of its services, including the use of third-party passwords or access credentials or any other means; (vii) not to destroy, alter, use improperly, disable, or damage the data, information, programs, or electronic documents of the COMPANY, its suppliers, or third parties; (viii) not to introduce, store, or disseminate through the Website any content that infringes third-party intellectual property rights, industrial property rights, or trade secrets, or in general any content that the user does not have the legal right to make available to third parties. 

7. Terms and conditions governing access to this website

These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of a dispute, the contracting parties agree to submit to the Courts and Tribunals of the consumer’s place of residence, provided that such residence is located within Spanish territory. Otherwise, if the user is not a consumer or is a consumer residing outside Spanish territory, jurisdiction shall correspond to the courts and tribunals of the city where the SERVICE PROVIDER is domiciled. The party breaching the contract shall bear the judicial and extrajudicial costs arising from any claim, including legal fees, court representative fees, and related expenses. If any provision of these General Terms of Use is found to be unenforceable or void under applicable law or by virtue of a judicial or administrative decision, such unenforceability or invalidity shall not render the General Terms of Use unenforceable or void as a whole. In such cases, the COMPANY shall amend or replace the affected provision with another that is valid and enforceable and that, to the greatest extent possible, achieves the objective and intent reflected in the original provision.

With regard to judicial dispute resolution, you may access the European Union’s Online Dispute Resolution platform through the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.