Privacy Policy

www.gustoo.es

I. PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, Gustoo | Takeaway Creativo (hereinafter also referred to as the Website) undertakes to implement the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws included in this privacy policy

This privacy policy is adapted to the current Spanish and European regulations regarding the protection of personal data on the Internet. Specifically, it complies with the following regulations:

• 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 the free movement of such data (GDPR).
• Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007 of 21 December, approving the Regulations for the development of Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
• Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller of personal data collected on Gustoo | Takeaway Creativo is: Puerro Grelo & Nécora, S.L.L., with NIF/CIF: B19335546 and registered in the Madrid Commercial Registry. The contact details are as follows:

Address: Calle Augusto Figueroa nº24, San Antón Market, 2nd Floor, Stall 21, 28004, Madrid
Contact phone: 991 991 991
Contact email: [email protected]

Registration of Personal Data

In compliance with the GDPR and LOPD-GDD, we inform you that personal data collected by Gustoo | Takeaway Creativo through the forms provided on its pages will be incorporated and processed in our file to facilitate, expedite, and fulfil the commitments established between Gustoo | Takeaway Creativo and the User or to maintain the relationship established in the forms the User fills out, or to respond to a request or query. In addition, in compliance with the GDPR and LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles outlined in Article 5 of the GDPR and Articles 4 and following of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:

• Principle of lawfulness, fairness, and transparency: User consent will be required at all times after fully transparent information on the purposes for which personal data is collected.
• Principle of purpose limitation: Personal data will be collected for specific, explicit, and legitimate purposes.
• Principle of data minimisation: Only the personal data strictly necessary for the purposes for which it is processed will be collected.
• Principle of accuracy: Personal data must be accurate and always kept up to date.
• Principle of storage limitation: Personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of its processing.
• Principle of integrity and confidentiality: Personal data will be processed in such a way as to ensure its security and confidentiality.
• Principle of proactive responsibility: The data controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Gustoo | Takeaway Creativo are only identifying data. Under no circumstances are special categories of personal data processed as defined in Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Gustoo | Takeaway Creativo undertakes to obtain the User’s express and verifiable consent for the processing of their personal data for one or more specific purposes.

The User has the right to withdraw their consent at any time. Withdrawal of consent will be as easy as giving it. As a general rule, the withdrawal of consent will not affect the use of the Website.

On occasions where the User must or can provide their data through forms to make queries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory as they are essential for the correct development of the operation.

Purposes of data processing

Personal data is collected and managed by Gustoo | Takeaway Creativo to facilitate, expedite, and fulfil the commitments established between the Website and the User or to maintain the relationship established in the forms the User fills out or to respond to a request or query.

Likewise, the data may be used for commercial purposes, personalisation, operational and statistical purposes, and activities related to Gustoo | Takeaway Creativo’s corporate purpose, as well as for the extraction, storage of data, and marketing studies to tailor the Content offered to the User, as well as to improve the quality, operation, and browsing of the Website.

At the time the personal data is collected, the User will be informed of the specific purpose(s) of the processing to which the personal data will be put; in other words, the use or uses to which the information collected will be applied.

Retention periods for personal data

Personal data will only be retained for the minimum necessary time for the purposes of its processing and, in any case, only for the following period: 18 months, or until the User requests its deletion.

At the time the personal data is collected, the User will be informed of the period for which the personal data will be kept or, when that is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, at the time the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data.

Data of minors

In compliance with Articles 8 of the GDPR and 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, only those over 14 years old may give their consent for the lawful processing of their personal data by Gustoo | Takeaway Creativo. If the User is under 14 years old, parental or guardian consent will be required for the processing, which will only be considered lawful to the extent that they have authorised it.

Confidentiality and security of personal data

Gustoo | Takeaway Creativo undertakes to take the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, to ensure the security of personal data and to prevent accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorised communication or access to such data.

The Website is equipped with an SSL (Secure Socket Layer) certificate, ensuring that personal data is transmitted securely and confidentially, with data transmission between the server and the User fully encrypted.

However, because Gustoo | Takeaway Creativo cannot guarantee the invulnerability of the internet or the total absence of hackers or others who may fraudulently access personal data, the data controller undertakes to notify the User without undue delay when a breach of personal data security occurs, which is likely to result in a high risk to the rights and freedoms of natural persons. Following Article 4 of the GDPR, a personal data breach is understood as any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored, or otherwise processed.

Personal data will be treated as confidential by the data controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that this confidentiality is respected by its employees, associates, and anyone to whom the information is made available.

Rights derived from the processing of personal data

The User has the following rights regarding Gustoo | Takeaway Creativo and may therefore exercise them against the data controller under the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:

• Right of access: This is the User’s right to obtain confirmation as to whether Gustoo | Takeaway Creativo is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Gustoo | Takeaway Creativo has carried out or is carrying out, as well as, among other things, the information available about the origin of the data and the recipients of the communications made or intended to be made.
• Right to rectification: This is the User’s right to have their personal data amended if it is found to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (“the right to be forgotten”): This is the User’s right, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis; the User objects to the processing and there is no legitimate reason to continue the processing; the personal data has been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data was obtained as a result of a direct offer of information society services to a child under 14 years old. In addition to deleting the data, the data controller, taking into account the available technology and the cost of its implementation, must take reasonable steps to inform the data controllers who are processing the personal data of the data subject’s request to delete any links to that personal data.
• Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the data controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
• Right to data portability: If the processing is carried out by automated means, the User will have the right to receive from the data controller their personal data in a structured, commonly used, and machine-readable format, and to transmit it to another data controller. Where technically feasible, the data controller will transmit the data directly to that other controller.
• Right to object: This is the User’s right not to have their personal data processed or to have Gustoo | Takeaway Creativo cease the processing of their personal data.
• Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualised decision based solely on automated processing of their personal data, including profiling, unless otherwise provided for by current legislation.

Thus, the User may exercise their rights by sending a written communication to the data controller with the reference “GDPR-www.gustoo.es“, specifying:

• Name, surname(s) of the User, and a copy of their ID. In cases where representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The ID copy may be substituted, by any other means valid in law that proves the identity.
• Specific request or information to which the User wants access.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that proves the request being made.

This request and any attached documents may be sent to the following address and/or email:

Postal address: Calle Augusto Figueroa nº24, San Antón Market, 2nd Floor, Stall 21, 28004, Madrid
Email: [email protected]

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Gustoo | Takeaway Creativo, which are therefore not operated by Gustoo | Takeaway Creativo. The owners of such websites will have their own data protection policies, being themselves responsible for their own files and privacy practices.

Complaints to the supervisory authority

If the User believes there is a problem or violation of the current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, particularly in the Member State in which they have their habitual residence, place of work, or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that they accept the processing of their personal data so that the data controller can proceed with it in the manner, during the periods, and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

Gustoo | Takeaway Creativo reserves the right to modify its Privacy Policy, according to its own criteria, or due to a legislative, jurisprudential, or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consult this page periodically to stay informed of the latest changes or updates.

This Privacy Policy was updated to comply 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 the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.

Updated on 28 October 2024.