I. PRIVACY AND DATA PROTECTION POLICY

Respecting what is established in current legislation, La Diabla Taqueria (hereinafter, also the Website) commits to adopting the necessary technical and organizational measures, according to the appropriate security level for the risk of the collected data.

Laws incorporated 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 rules:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, approving the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected at La Diabla Taqueria is: Pablo Riu Gaona, with NIF: 71172363J and registered at: [registration details], whose representative is: La Diabla Taqueria (hereinafter, Data Controller). The contact details are as follows:

Address: Resureccion M. Azkue Kalea, 6

Contact phone:

Contact email: [email protected]

Personal Data Registry

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles as stated in Article 5 of the GDPR and in Article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

• Principle of lawfulness, fairness, and transparency: The User’s consent will be required at all times, preceded by completely transparent information about the purposes for which the personal data is collected.
• Principle of purpose limitation: Personal data will be collected for specific, explicit, and legitimate purposes.
• Principle of data minimization: The personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: Personal data must be accurate and kept up to date.
• Principle of storage limitation: Personal data will only be kept in a form 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 a manner that ensures 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 that are processed in La Diabla Taqueria are only identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Diabla Taqueria undertakes to obtain the express and verifiable consent of the User for the processing of his personal data for one or several specific purposes.

The User shall have the right to withdraw his consent at any time. It shall be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or may provide their data through forms to make queries, request information or for reasons related to the content of the Website, you will be informed if the completion of any of them is mandatory because they are essential for the proper conduct of the operation.

Purpose of the processing of personal data

Personal data are collected and managed by La Diabla Taqueria in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills or to respond to a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities specific to the social object of La Diabla Taqueria, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.

At the time the personal data is collected, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be used; that is, the use or uses that will be given to the information collected.

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 12 months, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when this 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.

Personal data of minors

Respecting the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of 5 December, on Protection of Personal Data and guarantee of digital rights, only persons over 14 years of age may give their consent to the processing of their personal data in a lawful manner by La Diabla Taqueria. If the child is under 14 years of age, the consent of the parents or guardians will be required for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

La Diabla Taqueria undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the collected data, in order to guarantee the security of the personal data and to avoid destruction, accidental or unlawful loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised communication or access to such data.

The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data is transmitted securely and confidentially, being the transmission of data between the server and the User, and in feedback, fully encrypted or encrypted.

However, because La Diabla Taqueria cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to communicate to the User without undue delay when a breach of the security of personal data that is likely to involve a high risk to the rights and freedoms of natural persons occurs. In accordance with article 4 of the GDPR, breach of the security of personal data means any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, and any person to whom the information is accessible.

Rights arising from the processing of personal data

The User has on La Diabla Taqueria and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and the Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights:

• Right of access: It is the right of the User to obtain confirmation of whether or not La Diabla Taqueria is processing your personal data and, if yes, obtain information about your specific personal data and the treatment that La Diabla Taqueria has performed or performs, as well as, among others, of the information available on the origin of such data and the recipients of the communications made or planned.
• Right of rectification: It is the right of the User to modify his personal data that prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right of deletion («the right to be forgotten»): This is the right of the User, provided that the legislation in force does not provide otherwise, to obtain the deletion of his personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his consent to the processing and this has no other legal basis; the User opposes the processing and there is no other legitimate reason to continue with it; the personal data have been processed illegally; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14. In addition to deleting the data, the Controller, taking into account the available technology and the cost of its application, shall take reasonable steps to inform the controllers who are processing the personal data of the data subject’s request to delete any link to such personal data.
• Right to limitation of processing: It is the right of the User to limit the processing of his personal data. The User has the right to obtain the limitation of the processing when he challenges the accuracy of his personal data; the processing is illegal; 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: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his personal data in a structured, commonly used and machine-readable format, and pass them on to another controller. Whenever technically possible, the Controller shall transmit the data directly to that other controller.
• Right of opposition: It is the right of the User not to carry out the processing of his personal data or cease the treatment of them by La Diabla Taqueria.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on the automated processing of his personal data, including profiling, existing unless otherwise provided for by existing legislation.

Thus, the User may exercise his rights by means of a written communication addressed to the Data Controller with the reference ‘RGPD-https://ladiablataqueria.es’, specifying:

• Name, surname of the User and copy of the ID. In cases where the representation is admitted, the identification by the same means of the person representing the User, as well as the document accrediting the representation, will also be necessary. The photocopy of the ID may be replaced by any other valid legal means that proves the identity.
• Request with the specific reasons for the request or information to be accessed.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document proving the request.

This request and any other attached document may be sent to the following address and/or e-mail:

Postal address: Resureccion M. Azkue Kalea, 6

Email: [email protected]

Links to third party websites

The Website may include hyperlinks or links that allow access to third-party websites other than La Diabla Taqueria, and are therefore not operated by La Diabla Taqueria. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the current regulations in the way in which his personal data are processed, he shall have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular in the State where he has his habitual residence, place of work or place of the alleged offence. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

The User must have read and comply with the conditions on the protection of personal data contained in this Privacy Policy, and to accept the processing of your personal data so that the Data Controller can proceed to the same in the form, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy Policy of the same.

La Diabla Taqueria reserves the right to modify its Privacy Policy, in its own discretion, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware 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.