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PRIVACY AND PERSONAL DATA PROTECTION POLICY www.fanaticocafe.com Compliance with 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, hereinafter “GDPR”) and current personal data protection regulations. 1. CONTENT AND COMPLIANCE. This document is configured as the Privacy and Personal Data Protection Policy (hereinafter, “Privacy Policy”) applicable to personal data provided through the website www.fanaticocafe.com (hereinafter, the “Website”). “User” is the person who accesses, uses, navigates, or contracts the services and/or products offered, free of charge or paid, through the Website. The User freely and voluntarily decides to provide personal data through the Website, freely and voluntarily using the services and communication channels available or making an online purchase, in which case certain personal data may be required to process the voluntary choice. Providing personal data implies the User’s express consent and full agreement with the content of this Privacy Policy, consenting to the processing of personal data in accordance with the purposes and terms set out herein. It also implies consent and agreement with the Full Legal Notice (formed as a unit by the text contained in this document, in the Cookies Policy, in the Legal Notice, and, if applicable, in the General Terms of Online Purchase), collectively forming the “Full Legal Notice”, so if you do not agree with any of the terms set out in these documents, please do not provide personal data or use the Website or any of the services provided. The User may print and digitally store all the aforementioned documents. It is recommended that the User read the Full Legal Notice (Legal Notice, Privacy Policy, and Cookies Policy) regularly, including each time they access the Website and, in any case, each time they decide to provide personal data, as its content may be subject to changes. Any modifications will be duly published and will always be accessible on the Website, referencing their version and date. 2. DOMAIN OWNER IDENTIFICATION, SERVICE PROVIDER, DATA CONTROLLER, AND CONTACT INFORMATION. In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), it is stated that the owner of the domain www.fanaticocafe.com, the company that provides services and offers products through it (the SELLER), and the controller of personal data is: RODRIGUEZ Y MATEUS, S.L., with registered office at C/ ALFONSO GOMEZ, 15, 28037 MADRID, VAT number B28577799. The company is registered in the Commercial Registry of Madrid, at Volume *, Folio *, Sheet M-* The trade name under which the company may be known in the market is “FANÁTICO CAFÉ”. To contact RODRIGUEZ Y MATEUS, S.L. directly: - Postal address: C/ Alfonso Gómez, 15, C.P. 28037 Madrid. - Telephone: + (34) 91 327 12 16. - Email: [email protected]. To exercise rights regarding personal data protection: - Postal address: C/ Alfonso Gómez, 15, C.P. 28037 Madrid. - Email: [email protected]. 3. RIGHT TO INFORMATION: PROCESSING OF PERSONAL DATA AND PURPOSES. In compliance with the GDPR and current personal data protection regulations, RODRIGUEZ Y MATEUS, S.L. informs you: • WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA AND WHAT ARE THEIR IDENTIFYING AND CONTACT DETAILS? The entity responsible for the processing of data related to the management of our users and clients is RODRIGUEZ Y MATEUS, S.L., with registered office at C/ ALFONSO GOMEZ, 15, 28037 MADRID (province of MADRID), VAT number B28577799. For the purposes of our data protection policy, the contact phone number is 913271216 and the contact email is [email protected]. • WHAT TYPE OF DATA DO WE HAVE ABOUT YOU, HOW DID WE OBTAIN IT, AND WHAT DO WE USE IT FOR? The categories of personal data that RODRIGUEZ Y MATEUS, S.L. processes about its clients and suppliers are:
Under no circumstances do we process specially protected data. At RODRIGUEZ Y MATEUS, S.L., we process the data provided by interested parties to manage various activities derived from specific procedures carried out in sales, after-sales service, customer service, service quality, etc. In this way, we will use your data for the following purposes: a) Sending the information requested through the contact form on our website or any other means of contacting our company. b) Accounting management: billing management with clients. c) Tax management: application of withholdings, deductions, etc. d) Administrative management: logistics, warehouse, customer deliveries, receipt of goods, etc. e) Website user management and online sales. f) Marketing: Commercial actions regarding our products or services aimed at our clients or those who have previously requested information, including customer satisfaction surveys. We will not create commercial profiles based on the provided information and therefore will not make automated decisions based on a commercial profile. When personal data on the means provided for collecting it is marked with an (*), it is mandatory; the rest is voluntary. If mandatory data is not provided, RODRIGUEZ Y MATEUS, S.L. may not accept and/or process the query, web service used, or the intended online purchase. When personal data is requested through a form or similar and it is necessary to click a “Submit” button, a “Basic Data Protection Information” box is provided, as well as a consent checkbox indicating that the User has read and accepted, among other things, this Privacy Policy (with a direct link to this Privacy Policy at that moment), so clicking the checkbox implies that the User has been informed of the content of this Privacy Policy and consents to it and to the processing of personal data as set forth herein. • HOW LONG WILL MY DATA BE RETAINED? Personal data of individuals linked to potential clients and clients collected through contact forms or information gathering by RODRIGUEZ Y MATEUS, S.L. will be retained until the data subject requests deletion. Data provided by our clients will be retained while the commercial relationship exists, respecting the minimum legal retention periods where applicable. In any case, RODRIGUEZ Y MATEUS, S.L. will keep personal data for the time reasonably necessary considering our need to respond to issues, resolve problems, make improvements, activate new services, and comply with applicable law. This means we may retain your personal data for a reasonable period even after you stop using our products or website. After this period, your personal data will be deleted from all RODRIGUEZ Y MATEUS, S.L. systems. The retention period for your data will coincide with the duration of your relationship with the data controller, which may differ for each means of data collection/transmission and its purposes. Data will also be retained as necessary to comply with legal obligations or to assert, exercise, or defend claims related to your relationship or the processing of your data, and will be kept until the expiration of relevant limitation periods. • WHAT IS THE LEGAL BASIS FOR PROCESSING MY DATA? Depending on the type of data processing, the legal basis for each processing activity is summarized below: PROCESSING ACTIVITY – LEGAL BASIS Accounting Management: Billing management with clients and/or suppliers. Maintenance, development, and control of the contractual relationship between the parties; compliance with legal obligations. Tax Management: Application of withholdings, deductions, etc. Maintenance, development, and control of the contractual relationship between the parties; compliance with legal obligations. Administrative Management: Logistics, warehouse, customer deliveries, receipt of goods, etc. Maintenance, development, and control of the contractual relationship between the parties; compliance with legal obligations. Contact: Responding to inquiries via contact forms. Free and unambiguous consent of the data subject; compliance with legal obligations. User Registration: Management of website users and online purchases. Maintenance, development, and control of the contractual relationship between the parties; free and unambiguous consent of the data subject; compliance with legal obligations. Marketing: Commercial actions regarding our products or services aimed at clients or individuals who have previously requested information, including customer satisfaction surveys. Free and unambiguous consent of the data subject (potential clients). Withdrawal of consent will not affect the execution of any contract between the parties; legitimate interest of the company in promoting and marketing similar products or services; compliance with legal obligations. • WHO ARE THE RECIPIENTS OF MY DATA? RODRIGUEZ Y MATEUS, S.L. will never share your personal data with any third party for direct marketing purposes, except if you have expressly authorized it. We may provide your personal data to public administration bodies and competent authorities in cases where RODRIGUEZ Y MATEUS, S.L. receives a legal requirement or, acting in good faith, considers it reasonably necessary to comply with a judicial process, respond to any claim or legal action, or protect the rights of RODRIGUEZ Y MATEUS, S.L., its clients, or the general public. The recipients of your data will be the data controller itself, as well as third parties to whom it is necessary to communicate your data to comply with a legal obligation or as required by your legal relationship with the data controller. Recipients include, in some cases, direct communication from the data controller and in others in response to a request (this document informs you and obtains your express consent for such communication, all for the purpose of the recipients’ public duties and corporate objectives): a) For contact forms and/or contact methods on the Website/user registration without online purchase: the data controller; third parties to comply with legal obligations; and third parties with whom the data controller has a service contract (data processor) only when necessary for the provision of services related to: request management, administrative services, IT services, website management services. RODRIGUEZ Y MATEUS, S.L. requires these third parties to comply with personal data protection regulations. b) For purchasing products and/or services through the Website online purchase procedure: the data controller; third parties to comply with legal obligations; the chosen banking entity or payment platform (RODRIGUEZ Y MATEUS, S.L. never has access to your card or bank account details or any information provided to the chosen payment platform, which constitutes consent to share your data with that entity without being considered a transfer by RODRIGUEZ Y MATEUS, S.L.); third parties with a service contract (data processor) only when necessary to manage online purchases and contracted services, administrative services, IT services, website management services. RODRIGUEZ Y MATEUS, S.L. requires these third parties to comply with personal data protection regulations. • WHAT RIGHTS DO I HAVE REGARDING PERSONAL DATA? Anyone has the right to obtain confirmation whether RODRIGUEZ Y MATEUS, S.L. is processing personal data concerning them or not. Specifically, data subjects may request access to their personal data and receive it in a common, machine-readable format if processed electronically (right to portability). Additionally, data subjects may request rectification of inaccurate data or deletion if the data is no longer necessary for the purposes it was collected. Under certain circumstances, data subjects may request restriction of processing, or object to processing due to their particular situation. RODRIGUEZ Y MATEUS, S.L. will stop processing data except for compelling legitimate reasons, for the exercise or defense of claims, or as otherwise permitted by law. You also have the right to withdraw any consent given at any time without affecting the lawfulness of processing based on prior consent. You may exercise these rights by writing to us using the contact details in Section 2, ‘Data Controller’, attaching a copy of your ID. You also have the right to file a complaint with the Spanish Data Protection Agency if you are not satisfied with the exercise of your rights. The data subject or their legal/voluntary representative may exercise data protection rights with the data controller RODRIGUEZ Y MATEUS, S.L. The contact details are in Section 2 of this Privacy Policy. Requests must reference “PDCP Rights” and include a copy of an ID to verify identity, in accordance with applicable data protection laws. 4. PROTECTION OF WEBSITE USERS’ DATA. In accordance with Regulation (EU) 2016/679, RODRIGUEZ Y MATEUS, S.L. informs that the personal data of Website Users will be processed for the purposes indicated for each data collection method on our website by RODRIGUEZ Y MATEUS, S.L. Such processing will be based on the User’s consent. By clicking the “SUBMIT” button, the User consents to the processing of their data by RODRIGUEZ Y MATEUS, S.L. 5. QUALITY AND ACCURACY OF DATA. RODRÍGUEZ Y MATEUS, S.L. will only request personal data that is adequate, relevant, and not excessive in relation to the purpose for which it will be used. The User guarantees the truthfulness, accuracy, timeliness, and authenticity of the personal data provided, being responsible for any damage or harm that may be caused to the website owner or third parties due to non-compliance with these guarantees. The User also commits to inform RODRÍGUEZ Y MATEUS, S.L. of any modifications or corrections needed to ensure the data is always up-to-date and error-free. The procedure for communicating these changes will be the one established for exercising data protection rights. The person providing the data guarantees and is responsible for being the owner of the data supplied, being liable for any claims, damage, or harm resulting from the failure to meet this condition. 6. THIRD-PARTY DATA. If the User provides personal data of third parties, they must have previously informed those third parties clearly, precisely, and unequivocally about the contents of this Privacy Policy and obtained their consent and authorization to provide it. In case of non-compliance by the User, RODRÍGUEZ Y MATEUS, S.L. is exempt from any responsibility or claim from third parties for the processing of personal data provided by the User in violation of the requirements set out in this section. This is without prejudice to any communication RODRÍGUEZ Y MATEUS, S.L. may carry out to the mentioned third parties according to the contact information provided by the User, in compliance with legal obligations. 7. SECURITY MEASURES RODRIGUEZ Y MATEUS, S.L. adopts the levels of security required by current European and Spanish data protection regulations, taking into account the state of the art, implementation costs, the nature, scope, context, and purposes of the processing described, as well as the varying probability and severity of risks to your rights and freedoms. RODRÍGUEZ Y MATEUS, S.L. implements the necessary technical and organizational measures to ensure the security of personal data in compliance with applicable data protection regulations, preventing its alteration, loss, unauthorized processing, or access. However, the User should be aware that Internet security measures are never completely unbreakable. RODRÍGUEZ Y MATEUS, S.L. will process the personal data provided by the User with due confidentiality and secrecy. 8. DATA OF MINORS. Access and browsing of the Website content is free and allowed for any Internet user. However, the use and/or contracting of certain services and/or products offered through the Website has age restrictions. In any case, RODRÍGUEZ Y MATEUS, S.L. does not intend to obtain information directly from minors. For inquiries or contact purposes, if the User is a minor aged 14 or older and has the appropriate capacity, they may provide their personal data directly on the Website through the available contact methods, and their data may be processed with their consent, unless legally required to have the assistance of their legal representatives. If the User is 15 years old or younger, regardless of having had access to the Website, they may not provide personal data directly through any forms or communication channels, and consent from their legal representatives is always required. For contracting products and/or services through the Website, the User must be at least 18 years old, be the owner of the payment method used, and have the legal capacity to contract. If underage or lacking legal capacity, consent from legal representatives is required. RODRÍGUEZ Y MATEUS, S.L. is exempt from any liability for failure to meet these requirements and reserves the right to deny or block communications or contracting of products/services due to lack of legal capacity. To verify age and the authenticity of legal representatives' consent, RODRÍGUEZ Y MATEUS, S.L. may request a copy of the ID and contact legal representatives to confirm representation and authorization, without which the request cannot be processed. Legal representatives are responsible for actions performed by minors under their care according to current legislation. 9. DURATION AND MODIFICATION OF THE PRIVACY POLICY. The applicable Privacy Policy will be the one published on the Website at any given time. RODRÍGUEZ Y MATEUS, S.L. reserves the right to modify, in whole or in part, at any time and without prior notice, the content of this Privacy Policy to expand, improve, clarify, or update it, whether due to legislative, judicial, or business strategy changes, without retroactive effect. In case of modification, the previous version will no longer apply, and the modified version will apply from the date of publication. The Privacy Policy will always be accessible on the Website, with version number and publication date, from which it takes effect. 10. WHY IS IT NECESSARY TO ACCEPT THIS DATA PROTECTION AND PRIVACY POLICY? This section of the Data Protection Policy provides you in an easily accessible way all the necessary information to know the types of data RODRIGUEZ Y MATEUS, S.L. maintains about potential clients, clients, and web users, the purposes, the rights recognized under data protection laws, and how to exercise these rights. Therefore, by deliberately submitting your personal data through our contact channels and/or starting a business relationship with our company, we consider that you acknowledge and accept the processing of your personal data as described in this Privacy Policy. This personal information will only be used for the purposes for which it was provided or as authorized by applicable national or regional regulations. In any case, we must warn you that refusal to provide certain requested data may hinder the development of the contractual relationship between the parties, potentially affecting the provision of services contemplated in the commercial contract. If you have any questions regarding this section of the Privacy and Data Protection Policy of RODRIGUEZ Y MATEUS, S.L., please contact the company using the address provided in section 2, and we will be happy to assist you and respond to any additional inquiries. 11. LANGUAGE. The language for browsing the Website is Spanish. The content of this Privacy Policy has been written in Spanish. 12. NULLITY AND EFFECTIVENESS. If any clause or text in this document is declared null, the remainder of the document will remain fully effective and binding on the parties, as long as it can exist without the null clauses or texts. 13. APPLICABLE LAW AND JURISDICTION. The applicable law will be Spanish law. Unless specific regulations establish another jurisdiction, the User and RODRÍGUEZ Y MATEUS, S.L. expressly submit to the Courts and Tribunals of Madrid – Spain for any dispute. This is without prejudice to our willingness to resolve any dispute amicably beforehand. |