SOMOS ESENCIA, as Data Controller and of this website, in accordance with the provisions of Regulation (EU) 2016/679, General Data Protection and the Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, offers you this privacy policy in order to inform you, in detail, about how we treat your personal data and protect your privacy and the information you provide us.
In this privacy policy we explain what your rights are regarding your personal information and how to exercise them. Additionally, in case you need to contact the competent data protection authority, we provide you with the contact details.
We, the persons responsible for the processing of your data:
Identity: SOMOS ESENCIA
Registered office: Vía Augusta 48-54, 6º 4ª 08006 , Barcelona.
E-mail: rgpd@somosesencia.es
COMPANIES LINKED TO SOMOS ESENCIA: TIBRIO SL with CIF B61143699 and registered office at Paseo Marítimo de la Barceloneta, 30. 08000 Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 36520, Folio 94, S.8, Page B 152077, contact telephone number 932 25 12 72, and email rgpd@somosesencia.es TIERRA DEL NINOT S.L., with CIF B66453838 and registered office at C/ Casanova, 133. 08036 Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 44.696, Folio 204, Page B 463858, contact telephone number 931 31 15 50 and contact email rgpd@somosesencia.es BRISA PALAU DE MAR S.L. with CIF B67047910 and registered office at Edifici Palau De Mar, Plaça de Pau Vila, 1, 08039 Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 46024, Folio 220, Page B 507108, contact telephone number 931 31 15 49 and contact email rgpd@somosesencia.es,. ECOBAR SLU provided with CIF B44794931 and registered office at Av. Vilanova 11, Local 3-4, 08018, Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 48713, Folio 32, Page B593514 and contact email rgpd@somosesencia.es SUPERSANO SL provided with CIF B66514134 and registered office at Carrer Roger de Llúria 124, Local 2, 08037, Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 44766 Folio 51, Page 465847, contact telephone number 932 075 431, and contact email rgpd@somosesencia.es PILBAN ACTUAL SL with CIF B64346182 and registered office at Pg. Marítim de la Barceloneta 1, 08003, Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 39003, Folio 33, Page B334767, contact phone number 932 241 253 and contact email rgpd@somosesencia.es
Technical data: including IP address, registration data, browser and version used, time zone and usage, type of plugins installed in your browser, operating system and other technology used during access to our platform.
User data: such as name, preferences history, suggestions submitted by you or any type of survey you have answered us.
Browsing data: includes information regarding your browsing mode when you visit our platform.
Marketing and communication preferences: we collect your preferences to receive commercial communications and news from us, the consents granted for this purpose and the channel of your choice
Imagescaptured by video surveillance cameras: here are grouped the images that could be captured by video surveillance cameras in our restaurants and offices.
We will never collect personal data especially protected or considered sensitive.
As a general rule, most of your personal information is provided to us directly by you, either in person at restaurants, by telephone, mail, web forms or by responding to surveys. However, we may also obtain information from:
- From a group company.
From third parties linked to us.
From a third party that has previously obtained your express consent to do so.
From the cookies that we enable on our website
For more information on the use of our cookies, you can visit our cookies policy. Of our systems of access to the facilities, when they exist. Such as, for example, entry and reception registers, clocking-in systems in the case of employees, video surveillance cameras, communication and instant messaging systems, email or social networks.
If we are obliged by law to collect your personal data or, if it is essential for us to enter into a contract with you, if you do not wish to provide us with your personal data, it may not be possible for us to serve you. In the event that we need to cancel our services because of this, we will notify you first when necessary.
Attached is a detailed table with the purpose for which we collect your data and the legal basis that legitimizes us to do so.
Purpose of processing Why do we collect your information? What is the legal basis for processing your information?
a) To provide you with our services, accept payments and collections due
(1) Contractual execution
(2) In our own legitimate interest (e.g. to manage possible unpaid debts)
b) To register as a web user or new customer
(1) Express consent of the data subject
(2) Contractual execution
c) To manage our relationship with our customers, which includes: Notifying you of changes to our terms and conditions or policies and requesting that you respond to a survey or rate our products/services
(1) Contractual performance
(2) Fulfillment of a legal obligation
(3) In our own legitimate interest (to update our records and to know the opinion of our customers about our products/services)
d) Sending commercial communications, newsletters, newsletters and advertising, by any communication channel
(1) Express consent of the interested party
(2) In own legitimate interest (as long as you have not expressed your desire to stop receiving communication,opt-out)
e) Respond to queries and/or provide information requested by the data subject, including sending budgets
(1) Own legitimate interest
(2) Contractual performance
(3) Consent of the data subject
(4) Compliance with a legal obligation
f) Manage the interactions of users on our social networks
(1) Compliance with a legal obligation (for example to remove offensive, racist, profane or abusive comments; to maintain an environment of respect and integration, to preserve the privacy of minors, etc.)
(2) Legitimate self-interest (when we remove third-party advertising from our networks, for example)
g) Use analytical data to improve the web browsing experience, implement demarketing strategies and optimize recruitment processes through the use of cookies.
(1) Legitimate self-interest
(2) Consent of the data subject (by accepting the use of analytical cookies, for example)
h) Manage and protect our business and our website. This includes detecting browsing problems, data analysis, web testing, etc.
(1) Compliance with a legal obligation
(2) Legitimate self-interest (running our business, providing security for our networks, preventing fraud, etc.) i) To suggest to you that we may use your personal information for the following purposes: (1) To provide you with information about our business and our website.)
i) Suggest and recommend services that may be of interest to you
(1) In legitimate interest (to make our business grow)
j) Provide personal information to the authorities or by judicial requirementFulfillment of a legal obligation
k) Provide greater security to our physical facilities (installation of CCTV / video surveillance cameras, access control) In legitimate interest and in the interest of third parties. For example to detect the commission of an act harmful to our employees or customers.
m) Update and improve our customer records
(1) In compliance with a legal obligation
(2) In execution of a contract
(3) In legitimate interest (to verify that we can continue to contact our customers for issues related to their subscriptions, orders or products purchased).
n) To ensure job security, personnel administration and employability of candidates
(1) In compliance with a legal obligation
(2) In our own and third parties' legitimate interest. To improve the experience of our employees in the performance of their duties.
We may need to share your personal information with:
- Group companies.
- Third party companies we subcontract or service providers we use to provide our services.
- Third parties we need to run our business.
- Banking institutions we work with.
All suppliers we work with are contractually bound to us. We can guarantee that they comply with all necessary security measures to safeguard your personal information, that they will use your personal data only and exclusively for the specified purposes, in accordance with our instructions.
We will also share personal information with law enforcement agencies where we are required to do so by law.
All information you provide to us, both through this website and through other channels, will be hosted on Microsoft Office servers. These servers are hosted within the European Economic Area.
Your data will be retained for the duration of the business relationship with us or exercise your right of cancellation or opposition, or limitation to treatment. However, we will keep certain personal identification and traffic data for a maximum period of 2 years in case it is required by the Judges and Courts or to initiate internal actions arising from improper use of the website.
Also, please note that our policies for the retention of information are in accordance with the deadlines set by the various legal responsibilities for statute of limitations:
- As a general rule:
Underthe provisions of Article 30 of the Commercial Code, and except for other criteria, all company documents and/or information shall be kept for 6 years.This affects all accounting, tax, labor or commercial documentation, including correspondence.
- Specific deadlines:
Ourcompany must also set minimum deadlines depending on the type of data involved and taking into account the different statute of limitations, which each department must be aware of.
This table lists the statute of limitations periods that affect or may affect our organization:
Labor, for infringement purposes: 3 years (Art. 4.1 RD 5/2000)
Social Security, for infringement purposes: 4 years (Art. 4.2 RD 5/2000)
Prevention of Occupational Risks, for infringement purposes: 5 years (Art. 4.3 RD 5/2000)
Tax, for tax debts purposes: 4 years (Art. 66 Law 58/2003)
Fiscal, for the purpose of verifications of compensated quotas or applied deductions: 10 years (Art. 66 bis Law 58/2003)
Accounting and mercantile: 6 years (Art. 30 of the CC)
Crimes against Public Treasury and Social Security: 10 years (Art. 131 LO 10/1995)
You will not be subject to decisions based on automated treatments that produce effects on your data.
All personal information you communicate to us will be incorporated into our information systems. If you accept this privacy policy, it means that you give your express consent to the following activities and / or actions, unless you tell us otherwise:
- To send you commercial, promotional and direct marketing communications by any means of communication enabled, to inform you of activities, services, promotions, advertising, news, offers and other information about services and products related to us and our group.
- To the sending of communications by electronic means, provided that you have subscribed to our NEWSLETTER and have not unsubscribed.
- The retention of data for the periods provided for in the applicable provisions.
At any time you can revoke any express consent you have given us to send you commercial information. To do this you can request your unsubscribe by using the option (opt-out) when it is enabled in our app/web, or by writing us an email with the subject "unsubscribe" to rgpd@somosesencia.es
In accordance with the LSSICE, we never perform SPAM, therefore, we will not send you commercial emails if they have not been requested or authorized by you. However, in all our communications, you will have the possibility to revoke your consent.
We will not process your personal data for any other purpose than those described except by legal obligation or court order.
By providing your personal information through electronic channels, the user declares that you are over 14 years old and that all data provided to SOMOS ESENCIA are true, accurate, complete and updated. To this effect, the user confirms that he/she is responsible for the veracity of the data provided and that he/she will keep such information updated so that it corresponds to his/her real situation, being responsible for any false or inaccurate data that he/she may provide, as well as for any damages, direct or indirect, that may arise.
In the event that you want to send us your CV through our website, we inform you that the data provided will be processed to make you part of the selection processes that may be carried out, carrying out an analysis of your professional profile in order to select the most suitable candidate for the vacancy.
We do not accept resumes submitted through other channels (e.g. hand-delivered on paper). In case of any modification in the data, please inform us in writing as soon as possible, in order to keep your data properly updated.
CVs will be kept for a maximum period of one year, after which they will be securely destroyed and all the data included will be deleted. We guarantee total respect for confidentiality. In this sense, after this period, if you wish to continue to participate in possible selection processes, you must send your resume again.
The data may be processed and/or communicated to the companies in our group during the time your curriculum vitae is kept and for the same purposes as mentioned above.
We limit access to your data to persons and entities authorized to do so and we ensure that all our staff is properly trained. All those involved in the processing of your personal data are bound by a duty of confidentiality.
In addition, we apply technical procedures to react to any suspected data security breach. If necessary, we will notify you and the supervisory authority (the AEPD in Spain), in accordance with the regulations in force.
Both the RGPD and the standard of transposition into Spanish law (the LOPDGDD), guarantees you the exercise of the following rights. You can exercise them at any time and always free of charge:
Rightof access: The right to receive a copy of your personal information.
Rightof rectification: The right to request correction of errors in personal information.
Right ofcancellation/deletion (right to be forgotten): The right to request that we delete your personal information in some situations.
Right oflimitation: The right to request that we restrict the processing of your data.
Rightto object: The right to object to:
-to the processing of your data for direct marketing (including profiling).
-in certain circumstances to our further processing of your data. For example, processing carried out on the basis of our legitimate interest.
Rightof portability: The right to receive your personal information in a structured form, in a readable format and/or to transmit this data to a third party - in specific situations.
Automated individual decisions: The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or significantly affects.
To exercise any of the above rights, you can write to us with your request to the email specifically enabled for this purpose: rgpd@somosesencia.es
You must attach to your request information about what exactly you need and, in any case, accreditation of your identity, valid in law.
We look forward to resolving any issues or concerns you may have regarding your personal information. But if you wish to file a complaint with the competent authority, you have the right to do so.
In Spain, the highest data protection authority is the Spanish Data Protection Agency (AEPD).
https://www.aepd.es/es - Tel: 91 266 35 17.
SOMOS ESENCIA reserves the right to modify this policy to adapt it to legislative or jurisprudential developments.
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We are Somos Esencia, a gastronomic family with more than thirty years of experience in the sector. We offer proximity food in fresh, local experiences and with a differential value: Hospitality.
