INTRODUCTION
Your privacy is important to us, so in this document we explain what data we collect from users, how we use it and what for, among other information.
For your information, 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 legally obliged to do so 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, since this document may be amended: the provider may modify any information appearing on the website in order to comply with legislation or to update the policy, without any obligation to give prior notice to users or to inform them of such obligations, publication on the provider’s website being sufficient.
DATA CONTROLLER
FRAYGA, S.A. with tax ID 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 A08586133, Protocol 3893 Date 30/07/1979 Journal 335 Entry 190; HORIZONTES ESTRATÉGICOS, S.L. with tax ID B61861472, Protocol 64 Date 15/01/1999 Journal 742 Entry 843; CHIRINGUITO DE MONCHO’S, S.L. with tax ID B60778370, Protocol 242 Date 08/02/1995 Journal 634 Entry 91; PLACERES INTELIGENTES, S.L. with tax ID B61657490, Protocol 786 Date 30/04/1998 Journal 718 Entry 3581; MONCHO’S HOUSE, S.L. with tax ID B60822509, Protocol 723 Date 22/03/1995 Journal 6370 Entry 132; LA TABERNA DEL CURA, S.L. with tax ID B60518446, Protocol 353 Date 18/02/1994 Journal 6131 Entry 387; MONCHO’S INICIATIVAS 2000, S.L. with tax ID B60518396, Protocol 355 Date 18/02/1994 Journal 6131 Entry 384; MNCATERING 98, S.L. with tax ID B61418141, Protocol 1385 Date 06/06/1997 Journal 694 Entry 990; SEÑORÍO DE SILVA, S.L. with tax ID B60518370, Protocol 352 Date 18/02/1994 Journal 6131 Entry 386; IMAGINACIÓN Y NEGOCIOS, S.L. with tax ID B62489521, Protocol 278 Date 24/03/2021 Journal 800 Entry 721; hereinafter, all of them identified as WYNWOODCAFE (also the provider)
Postal address: Gran de Gràcia, 81, 08012, Barcelona
Email: lopd@monchos.com
Data Protection Officer: lopd@monchos.com
DPO contact: lopd@monchos.com
WYNWOODCAFE, as the party responsible for the 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, and with the other legislation in force on the protection of personal data, and with Act 34/2002, of 11 July, on information society services and electronic commerce (LSSICE), 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.
HOW WE OBTAIN THE DATA, WHAT DATA WE COLLECT AND FOR WHAT PURPOSE
The data we collect, the way we obtain it and the purpose of the processing are as follows:
If you buy the product through our website:
Data required: name and surname, address, email, telephone and credit or debit card information.
Purpose: purchase of our product
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 communities or any other electronic or physical means, where the User has expressly consented to this;
Legal basis: the user’s consent
To carry out the contractual relationship and the analogous administrative, tax and accounting tasks required under the legislation in force
Data required: name and surname, telephone, address, ID number, email, signature
Purpose: to carry out internal commercial, tax and administrative management
Legal basis: the data subject’s consent and the contractual relationship
Wynclub form
Data required: email
Purpose: to offer the user discounts and promotions.
Legal basis: the user’s consent
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 the steps needed to properly investigate the facts reported (which includes taking forward any proceedings connected with those facts, such as disciplinary or judicial proceedings or others).
Legal basis: the processing has been put in place on the basis of a legal obligation (Act 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption) and the data provided by the user is processed on the basis of their consent.
The photographs published on the website are the property of WYNWOODCAFE.
In accordance with the LSSICE, WYNWOODCAFE 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 the communications the user receives from the provider, the user has the option of withdrawing their express consent to receive our communications.
We will not process your personal data for any purpose other than those described, except where legally obliged to do so or where required by a court.
You will not be subject to decisions based on automated processing producing effects on your data.
DATA RETENTION PERIOD
Your data will be kept for as long as the commercial relationship with us lasts, or until you exercise your right of erasure or objection, or of restriction of processing. Nevertheless, we will retain your data for the periods laid down by the applicable provisions.
RECIPIENTS OF DISCLOSURES OR TRANSFERS
WYNWOODCAFE will provide information to law enforcement bodies under a court order or where obliged to do so by law, without prejudice to its ability to block or cancel your account where there may be evidence that the user has committed an offence. The information provided will be only that which the provider holds at that time.
The information you provide to us through this website will be hosted on the WYNWOODCAFE 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.
The data obtained from WYNCLUB members may be disclosed to affiliates in order to offer you discounts and promotions throughout the GROUP.
The provider also uses certain tools to supply services needed to carry on its activity, and these may store your data. Those tools are as follows:
Google Analytics: to analyse and measure the use that users make of the website by means of cookies. The information these cookies generate and collect about that 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: 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.
Email marketing and multi-platform management for restaurants:
Cheerfy: Cheerfy Ltd, with registered office at 92 Park Street, Camberley, GU15 3NY, United Kingdom, is used to manage online orders and for commercial communications. For further information, see our Privacy information · Online orders (Cheerfy).
RIGHTS OF DATA SUBJECTS
As a user and data subject, you may ask WYNWOODCAFE to exercise the following rights by sending a written request to the postal address given above or an 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 of rectification or erasure: allows errors to be corrected and data that turns out to be inaccurate or incomplete to be amended.
Right of cancellation: allows data that is inadequate or excessive to be deleted.
Right to object: the data subject’s right for their personal data not to be processed, or for processing to cease.
Restriction of processing: entails marking the personal data held in order to limit its future processing, for the establishment or defence of legal claims.
Data portability: provision of the data undergoing processing to the data subject, 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 that produces effects on the data subject or significantly affects them.
As a user, you have the right to withdraw the consent given at any time. Withdrawing consent will not affect the lawfulness of processing carried out before the 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 needed to guarantee security in the processing of the data and to prevent its alteration, loss, theft, or unauthorised processing or access, in line with the state of the art and the nature of the data stored. It is also guaranteed that the processing and recording in files, programs, systems or equipment, premises and centres meet 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, should there be any contradiction in any of the versions provided in other languages, the Spanish version shall prevail.
SOCIAL NETWORKS
We inform you that WYNWOODCAFE may have a presence on social networks. The processing of the data of people who become followers on social networks (and/or who establish any link or connection through social networks) of the official WYNWOODCAFE pages will be governed by this section, as well as by the terms of use, privacy policies and access rules of the social network concerned in each case, previously accepted by the user.
WYNWOODCAFE 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, as well as for any other purpose allowed by the rules of the social networks.
The publication of the following content is prohibited:
- Content that is presumed unlawful under national, EU or international legislation, or that carries out presumed unlawful activities or contravenes the principles of good faith.
- Content that infringes the fundamental rights of individuals, is discourteous online, causes annoyance or may generate negative opinions among our users or third parties, and in general any content that WYNWOODCAFE 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.
WYNWOODCAFE also reserves the right to withdraw from the website or from the corporate social network, without prior notice, any content considered inappropriate.
In any event, if you send personal information through the social network, WYNWOODCAFE 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 particular terms of the network in question.
CHANGES TO THIS PRIVACY POLICY
WYNWOODCAFE 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 WYNWOODCAFE in 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 WYNWOODCAFE 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 the provider’s domicile (if the user is not considered a consumer for the purposes of the TRLGDCU) or of the user’s domicile (if the user is considered a consumer for those purposes) shall have jurisdiction to resolve all disputes arising from or related to its use.
