LEGAL NOTICE AND PRIVACY POLICY
Legal Notice - Last update: 17-09-2024
Service Holder
In compliance with Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE), the company's identification data are exposed.
The owner and proprietor of the Service is:
BYOKO GOURMET, S.L. B93691988 C/ Bodegueros 43, OF. 5 Malaga. Restaurant in Plaza Merced nº 22. 29015 Málaga (Málaga). Spain
TIERRA GOURMET, S.L. B93542462 C/ Bodegueros 43, OF. 5 Malaga. Restaurant in C/ Strachan nº 15. 29015 Málaga (Málaga). Spain
Hereinafter referred to as "the Service holder".
The Service holder's contact email address is merced@byoko.es.
Conditions of Use
These Terms of Use (hereinafter, "the Terms of Use") establish the conditions under which users are offered access to the https://byoko-merced.myrestoo.net Web Site (hereinafter, "the Service") that the owner of the Service makes available to Internet users.
The use of the Service attributes to whoever performs it the condition of user of the same (hereinafter, "the User") and implies full acceptance of all 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 the foregoing.
That he/she assumes all the obligations set forth herein.
That you are of legal age and have sufficient legal capacity to use the Service.
The owner of the Service reserves the right to make at any time any modification or update of any section detailed in these Legal Conditions that, once in force, must be accepted by the User to continue using the Service.
Need for Registration
In order to use the Service, you must accept these Terms of Use and the Privacy and Cookies Policy.
In order to make a reservation through the use of this Service, prior registration of the User is required. The data entered must be accurate, current and truthful.
By accepting the Terms of Use, the User consents that his data will be included in the processing of the owner of the Service, 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 cancelled in case of delays exceeding the tolerance limit of 15 minutes.
Any customization or special request must be explicitly informed and will be valid only after express confirmation of the same by our reservations department, and may incur additional costs.
Cancellation Policy
Certain reservations may require the acceptance of a Cancellation Policy, indicating the cancellation conditions during the reservation process.
The method of payment will be by credit or debit card.
To manage collections 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 records for the Client. All the processing of the payment is unrelated to the holder of the Service, we do not know or keep data from the Customer's card, the information that reaches the holder of the Service is limited to the acceptance or not of the transaction.
Reserve capacity limitation
The possibility of making a reservation is always subject to the capacity limitations of the establishment at any given time, either due to the distribution of the tables and their attention 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 owner of the Service reserves the right to prevent the use of the Service, either temporarily or permanently, to any User who violates any of the rules set forth in these Terms of Use, the law or morality. Discretionally, the owner of the Service may also exclude Users and even stop providing all or part of the Service when it deems appropriate to improve the operation of the Service and / or the rest of the users of the same, previously notifying the affected Users of such circumstance.
At its discretion, the Service Holder may also exclude Users and even stop providing all or part of the Service when it deems it 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, previously notifying the affected Users of such circumstance.
Shopping
The user has the option to make purchases of different products, including the possibility of giving these products as a gift to a third party.
The user declares that he/she has the necessary legal capacity to act and contract on the Web in accordance with the conditions contained in this contractual document, which he/she declares to understand and accept.
Each product will have its own price and its own conditions of use that you must accept along with these general conditions of use and privacy policy. In any case, the product is subject to the exception of the right of withdrawal of Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
The user is responsible for providing their data correctly in the purchase processes established on the website of the owner of the Service.
Terms and conditions of payment
As a payment processor we use STRIPE, operated by Stripe, Inc. (USA), which will collect the necessary payment information according to the selected payment method.
STRIPE, within the scope of the regulated services provided to our users as an electronic payment institution, will collect and use personal data for the following purposes: to open and manage the balance; to receive and pay payment transactions; to manage complaints and customer relations; to fight against money laundering and terrorism financing.
The legal basis for the collection and use of the data is the performance of a sales contract to which it is a party, and this on the basis of Article 6, paragraph 1, letter b), of the GDPR.
Personal data for payment processing is necessary for us to enter into a contract involving a financial transaction. If you do not provide us with this information, we will not be able to sign or execute the contract.
You can learn more about how STRIPE collects and uses your data in STRIPE's privacy policy, available at the following address: https://stripe.com/privacy.
You can also contact STRIPE directly by writing to its data protection officer at the following e-mail address: privacy@stripe.com.
Applicable law and competent jurisdiction
The relationship between the owner of the Service and the User shall be governed by the regulations corresponding to the place of the Establishment in force and informed in the Legal Notice and any dispute shall be submitted to the Courts and Tribunals of the domicile of the owner of the Service.
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 27 April 2016, General Data Protection and in everything that does not contravene the aforementioned regulation, in the Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, LOPD), the owner of the Service informs the users of this Website as follows:
I- That to use our booking service and fill out the forms that are incorporated into this Website, the owner of the Service for this purpose, necessarily require the provision of certain personal data.
II- That in certain circumstances, such as 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 in order to comply with the information obligations of the restaurant regarding allergens, as well as to adapt the reservation to the possible needs of accessibility. Therefore, this information is not subject to European regulations on the protection of personal data (Article 2, Article 4, paragraphs 1 and 5 and recitals 14,15,26,27,29 and 30 of the RGPD).
IV- The data provided by users as a result of access and use of 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 same establishment, will be subject to automated processing, whose responsible is the owner of the Service that is duly implemented.
V- Also, the user can provide us with his Curriculum Vitae through the address https://byoko-merced.myrestoo.net, will be subject to automated processing, whose responsible is the owner of the Service that is duly implemented. The purpose for which the CVs are stored is to cover possible vacancies that the company may have.
VI- By providing this data, the User expressly consents and authorizes the owner of the Service to collect and process the relevant personal data requested in accordance with the purposes and under the conditions that are demanded in each case, constituting this consent as the basis of legitimacy of treatment. The data will be treated confidentially and may be used for the purpose of:
Make and manage (e.g., modify, cancel, rebook) reservations at our establishment.
Verify duplicity of reservations in our establishments or in others that share our booking engine. This verification is limited to a technical treatment of duplicity detection, without implying knowledge or detail of the reservation outside our establishments, nor the specific establishment where the duplicity occurs.
Conduct satisfaction surveys, perform statistics and analyze the data obtained from them, as well as from the bookings 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 such services and products, among the activities that the OWNER develops, directly by the OWNER, by any other company or organization directly related to the OWNER or by a company or organization contracted for this purpose, provided that the User has given his specific consent. The User will always have the possibility to revoke this consent.
VII- Data Conservation. The holder of the Service will treat the mentioned personal data in accordance with the informed purposes and under the conditions indicated by the Law, during the time strictly necessary to comply with the informed purposes.
VIII- Legitimation. In any case, users consent to freely provide such data telematically or by telephone or in the Establishment itself, when the chosen service may require it. Additionally, as bases of legitimacy for the processing of your data, the execution of the requested service, the monitoring of derived legal obligations and our legitimate interest duly weighed are applicable.
IX- The owner of the Service has installed in this Website, the technical procedures according to the usual quality standards of the sector, necessary and required by law. So that it can guarantee as much as possible, the secrecy and confidentiality of our communications. Notwithstanding the foregoing, the user acknowledges and accepts that navigation on Internet networks are not absolutely safe, that communications sent by telematic means can be intercepted by unauthorized persons or entities, and that the technical software protection measures are not insurmountable.
X- Our reservation book service is developed and operated under Restoo technology, belonging to Team Interactive, S.L., which is positioned as responsible for the processing of personal data.
Transfer of data
Your personal data will only be transferred to other Controllers when:
Is necessary to comply with the service.
The Data Controller or the other responsible party has a legitimate interest in the transfer, in which case it will be disclosed in this privacy policy.
You have consented to it.
We are obliged by a legal provision or a court order to Public Bodies and Administrations.
Exercise of rights
The User has the ability to exercise their rights of access, rectification, deletion, limitation and revocation of consent, so that the information provided is revocable. The exercise of these rights may be made 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 in which their claim is concerned. Since these are exercises of rights of a highly personal nature, it is essential that together with your request you attach a copy of your identification document (DNI, NIF or passport).
If the User does not wish to receive communications, he/she may indicate this at any time by sending an e-mail to merced@byoko.es.
Where appropriate, you may also contact the supervisory authorities. In Spain, the Spanish Data Protection Agency (Agencia Española de Protección de Datos).
Safety measures
The information will be stored and managed by the owner of the Service with the necessary technical and organizational security measures to ensure due confidentiality, integrity, availability and resilience of the systems used, complying with the provisions set forth in the applicable regulations.
The system is equipped with the ability to restore availability and access to personal data quickly in the event of a physical or technical incident, by means of a corresponding backup copy.
The owner of the Service has a process of regular verification, evaluation and assessment of the effectiveness of technical and organizational measures to ensure the security of processing. Likewise, in order to carry out analysis and/or statistical processes, it will carry out pseudonymization processes that allow the isolation of identifying data.