LEGAL NOTICE and Privacy Policy
Legal Notice - Last updated: 17-09-2024
Service Owner
In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), the identification details of the company are set out.
The owner and proprietor of the Service is:
BYOKO GOURMET, S.L. B93691988 C/ Bodegueros 43, OF. 5 Málaga. Restaurant in Plaza Merced nº 22. 29015 Málaga (Málaga). Spain
TIERRA GOURMET, S.L. B93542462 C/ Bodegueros 43, OF. 5 Málaga. Restaurant in C/ Strachan nº 15. 29015 Málaga (Málaga). Spain
Hereinafter "the Service owner".
The contact email address of the Service owner is merced@byoko.es.
Terms of Use
These Terms of Use (hereinafter, “the Terms of Use”) establish the conditions under which users are offered access to the Website https://byoko-merced.myrestoo.net (hereinafter, “the Service”) that the Service owner makes available to Internet users.
The use of the Service attributes the condition of user of the same (hereinafter, “the User”) to whoever performs it and implies full acceptance of all the legal conditions, composed of these Terms of Use, as well as our Privacy Policy and Cookies Policy. In case of not agreeing with all or part of these Legal Conditions, the User must refrain from using the Service.
By accepting these Terms of Use, the User declares:
That you have read, understand, and comprehend what is stated herein.
That you assume all the obligations set forth herein.
That you are of legal age and have sufficient legal capacity to use the Service.
The Service owner reserves the right to make any modification or update to any section detailed in these Legal Conditions at any time, which, once they come into effect, must be accepted by the User to continue using the Service.
Registration Requirement
To use the Service, acceptance of these Terms of Use and the Privacy and Cookie Policy is required.
To make a reservation through the use of this Service, prior User registration is necessary. The data entered must be accurate, current, and truthful.
By accepting the Terms of Use, the User consents to their data being included in the processing activities of the Service owner, which will be in accordance with the provisions of the Privacy Policy.
The purpose of the Reservation service is to reserve a service in our establishment. It is not possible to guarantee a specific location at the time of booking. The reservation will be automatically canceled for delays exceeding the tolerance limit of 15 minutes.
Any customization or special request must be explicitly informed and will only be valid after express confirmation by our reservations department, and may incur additional costs.
Cancellation Policy
Certain reservations may require acceptance of a Cancellation Policy, indicating the conditions thereof during the reservation process.
The payment method will be by credit or debit card.
To manage payments, we use a third-party payment gateway called Stripe, which has strict security requirements and anti-fraud methods. Stripe is a payment gateway that accepts card payments directly, without additional registrations for the Customer. All payment processing is external to the Service owner; we do not know or store Customer card details. The information that reaches the Service owner is limited to the acceptance or rejection of the transaction.
Reservation Capacity Limitation
The possibility of reservation is always conditioned by the capacity limitations of the establishment that exist at any given time, whether due to the distribution of tables and their service according to the characteristics of the requested reservation or due to other circumstances, such as capacity restrictions of a sanitary nature.
Exclusion of Users
The Service owner reserves the right to prevent the use of the Service, either temporarily or permanently, to any User who violates any of the rules established in these Terms of Use, the law, or morality. Discretionally, the Service owner may also exclude Users and even stop providing the Service in whole or in part when deemed appropriate to improve the operation of the Service and/or the rest of the users thereof, notifying the affected Users of this circumstance in advance.
Discretionally, the Service Owner may also exclude Users and even stop providing the Service in whole or in part when deemed appropriate to improve the operation of the Service and/or the rest of the users thereof, such as, but not limited to, when the same user makes multiple reservations or has a history of non-compliance with such reservations, notifying the affected Users of this circumstance in advance.
Privacy Policy
Processing of personal data
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and in all matters not contrary to the aforementioned regulation, in Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, LOPD), the Service owner informs the users of this Website of the following:
I- That to use our reservation service and complete the forms incorporated in this Website, the Service owner for this purpose will necessarily require requesting the supply of certain personal data.
II- That in certain circumstances, such as for compliance with a legal obligation or under accreditation of a legitimate interest of our Service, it will be necessary to identify the diners.
III- We collect anonymous data, without the possibility of identification with any person, to comply with the restaurant's information obligations regarding allergens, as well as to adapt the reservation to possible accessibility needs. Therefore, the European regulations on the protection of personal data are not applicable to this information (Article 2, Article 4, sections 1 and 5 and recitals 14, 15, 26, 27, 29 and 30 of the GDPR).
IV- The data provided by users as a result of accessing and using the contact forms, which are accessed through the address https://byoko-merced.myrestoo.net, or by telephone call to the number indicated on the same Site, or those provided in the establishment itself, will be subject to automated processing, the controller of which is the owner of the Service that is duly implemented.
V- Likewise, the user can provide us with their Curriculum Vitae through the address https://byoko-merced.myrestoo.net, which will be subject to automated processing, the controller of which is the owner of the Service that is duly implemented. The purpose for which CVs are stored is to cover possible vacancies that the company may have.
VI- By providing this data, the User expressly consents to and authorizes the Service owner to collect and process the relevant personal data requested in accordance with the purposes and under the conditions required in each case, this consent constituting the basis of legitimization of the processing. The data will be treated confidentially and may be used for the purpose of:
Making and managing (e.g., modifying, canceling, rebooking) reservations at our establishment.
Verifying duplicate reservations in our establishments or in others that share our booking engine. This verification is limited to a technical processing of duplicate detection, without implying knowledge or detail of the reservation outside our establishments, nor the specific establishment where the duplication occurs.
Conducting satisfaction surveys, compiling statistics and analyzing the data obtained from them, as well as from the reservations made, in order to develop basic user profiles that allow us to define in greater detail the preferences that may be of interest.
Likewise, they may be used to carry out statistics of the reservations made and to send commercial or promotional information – including by electronic means – related to said services and products, among the activities that the HOLDER develops, directly by the HOLDER, by any other company or organization directly related to the HOLDER or by a company or organization contracted for this purpose, as long as the User has given his specific consent. The User will always have the possibility to revoke this consent.
VII- Data Retention. The Service owner will process the aforementioned personal data in accordance with the informed purposes and under the conditions indicated by Law, for the time strictly necessary to fulfill the informed purposes.
VIII- Legitimation. In any case, users consent to freely provide this data electronically or by telephone or in the Establishment itself, when the chosen service may require it. Additionally, as bases of legitimation for the processing of your data, the execution of the requested service, the monitoring of derived legal obligations and our legitimate interest duly weighted are applicable.
IX- The Service owner has installed on this Website the technical procedures according to the usual quality standards of the sector, necessary and required by Law. In such a way that it can guarantee as much as possible, the secrecy and confidentiality of our communications. Notwithstanding the foregoing, the user acknowledges and accepts that browsing Internet networks is not absolutely secure, that communications sent by telematic means may be intercepted by unauthorized persons or entities, and that technical software protection measures are not insurmountable.
X- Our reservation book service is developed and operated under Restoo technology, belonging to the company Team Interactive, S.L., which is positioned as the data processor.
Data transfer
Your personal data will only be transferred to other Controllers when:
It is necessary to fulfill the service.
The Holder or the other responsible party has a legitimate interest in the transfer, in which case this will be reported in this privacy policy.
You have consented to it.
We are obliged by a legal provision or a court order to Public Organizations and Administrations.
Exercise of rights
The User has the capacity to exercise their rights of access, rectification, deletion, limitation and revocation of their consent, so the information provided has a revocable character. The exercise of these rights may be carried out through digital means, by sending an email to merced@byoko.es or by written communication addressed to the address of the HOLDER, indicating, in both cases, as a reference “personal data” and the specific right on which their claim is based. As these are exercises of rights of a very personal nature, it is essential that you accompany your request with a copy of your identification document (DNI, NIF or passport).
If the User does not wish to receive communications, they can indicate this at any time by sending an email to merced@byoko.es.
If applicable, you may also contact the control authorities. In Spain, to the Spanish Data Protection Agency
Security measures
The information will be stored and managed by the Service owner with the technical and organizational security measures necessary to guarantee the due confidentiality, integrity, availability and resilience of the systems used, complying with the provisions established in the applicable regulations.
The system is equipped with the capacity to restore the availability and access to personal data quickly, in the event of a physical or technical incident, through its corresponding backup.
The Service owner has a process of regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures to guarantee the security of the processing. Likewise, to carry out analysis and/or statistical processes, it will carry out pseudonymization processes that allow isolating the identifying data.