Legal Notice
Last updated: 07-11-2022Service Owner
In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), the identifying details of the company are provided.
The owner and proprietor of the Service is:
Le Cucine Mandarosso S.L.
NIF: B66829722
C/Sant Pere Mitjà 9 Local. 08003 Barcelona (Barcelona). España
Hereinafter referred to as "the Service Owner".
The Service Owner's contact email address is cucina@mandarosso.com.
Terms of Service
These Terms of Service (hereinafter, "the Terms of Service") establish the conditions under which access to the Website https://lecucinemandarosso.myrestoo.net (hereinafter, "the Service") is offered to users, which the Service Owner makes available to Internet users.
The use of the Service attributes to the person who performs it the status of user of the same (hereinafter, "the User") and implies full acceptance of all legal conditions, composed of these Terms of Service, as well as our Privacy Policy and Cookie 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 Service, the User declares:
- That they have read, understand and comprehend what is set forth herein.
- That they assume all the obligations set forth herein.
- That they are of legal age and have sufficient legal capacity to use the Service.
The Service Owner reserves the right to make at any time any modification or update to 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
To use the Service, it is necessary to accept these Terms of Service and the Privacy and Cookie Policy.
To make a reservation using this Service, the User must first register. The data entered must be accurate, current and truthful.
By accepting the Terms of Service, the User consents to their data being included in the processing of the Service Owner, which will comply with what is set forth in the Privacy Policy.
The Reservation service is intended for booking a service at 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 15-minute tolerance limit.
Any customization or special request must be explicitly informed and will only be valid after express confirmation by our reservations department, which may incur additional costs.
Cancellation Policy
Certain reservations may require acceptance of a Cancellation Policy, indicating its conditions during the booking 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. The entire payment process is external to the Service Owner; we do not know or retain the Customer's card data. 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 subject to the capacity limitations of the establishment at any given time, whether due to the distribution of tables and their service according to the characteristics of the requested reservation or other circumstances, such as health-related capacity restrictions.
User Exclusion
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 Service, the law or morality. Discretionarily, the Service Owner may also exclude Users and even stop providing the Service totally or partially when deemed appropriate to improve the operation of the Service and/or other users of the same, notifying the affected Users in advance.
Discretionarily, the Service Owner may also exclude Users and even stop providing the Service totally or partially when deemed appropriate to improve the operation of the Service and/or other users of the same, such as, without limitation, when the same user makes multiple reservations or has a history of non-compliance with such reservations, notifying the affected Users in advance.
Purchases
The user has the option to purchase various products, including the possibility of gifting these products to a third party.
The user declares that they have the necessary legal capacity to act and contract on the Website in accordance with the conditions contained in this contractual document, which they declare to understand and accept.
Each product will have its price and its own terms of use that must be accepted together with these general terms of service and the privacy policy. In any case, the product is subject to the exception of the right of withdrawal under Article 16 of Directive 2011/83/EU of the European Parliament and of the Council, of October 25, 2011.
The user is responsible for providing their data correctly in the purchase processes established on the Service Owner's Website.
Payment method conditions
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 payments entity, will collect and use personal data for the following purposes: opening and managing the balance; receiving and making payment transactions; managing complaints and customer relations; combating money laundering and terrorist financing.
The legal basis for the collection and use of the data is the execution of a sales contract of which you are a party, based on Article 6, section 1, letter b) of the GDPR.
Personal data for payment processing are necessary for us to establish a contract involving an economic transaction. If you do not provide this information, we will not be able to sign or execute the contract.
You can obtain more information 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 their data protection officer at the following email address: privacy@stripe.com
Applicable law and competent jurisdiction
The relationship between the Service Owner and the User will be governed by the regulations corresponding to the location of the Establishment in force and informed in the Legal Notice, and any dispute will be submitted to the Courts and Tribunals of the Service Owner's domicile.
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, General Data Protection Regulation and in everything that does not contravene said regulation, in Organic Law 3/2018 on Personal Data Protection 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 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, to comply with the restaurant's information obligations regarding allergens, as well as to adapt the reservation to possible accessibility needs. Therefore, this information is not subject to European personal data protection regulations (Article 2, Article 4, sections 1 and 5 and recitals 14, 15, 26, 27, 29 and 30 of the GDPR).
IV- The data that users provide as a result of accessing and using the contact forms, accessed through the address https://lecucinemandarosso.myrestoo.net, or by phone call to the number indicated on the same Site, or those provided in the establishment itself, will be subject to automated processing, whose controller is the Service Owner, which is duly implemented.
V- By providing this data, the User expressly consents and authorizes the Service Owner to collect and process the relevant personal data requested in accordance with the purposes and under the conditions that are required in each case, this consent constituting the basis of legitimacy for 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 at our establishments or others that share our reservation system. This verification is limited to a technical process of detecting duplicates, without implying knowledge or detail of the reservation external to our establishments, nor the specific establishment where the duplication occurs.
- Conducting satisfaction surveys, performing statistics and analyzing the data obtained from them, as well as from the reservations made, in order to develop basic user profiles that allow defining preferences that may be of interest in more detail.
- Likewise, they may be used to perform statistics of the reservations made and send commercial or promotional information - even by electronic means - related to these services and products, among the activities that the OWNER carries out, 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 their specific consent. The User will always have the possibility to revoke this consent.
VI- Data Retention. The Service Owner will process the aforementioned personal data in accordance with the informed purposes and under the conditions indicated by the Law, for the time strictly necessary to fulfill the informed purposes.
VII- Legitimacy. 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 legitimacy for the processing of their data, the execution of the requested service, the follow-up of legal obligations derived and our duly weighed legitimate interest are applicable.
VIII- The Service Owner has installed on this Website the technical procedures in accordance with the usual quality standards of the sector, necessary and required by the Law. So that it can guarantee, as far as possible, the secrecy and confidentiality of our communications. However, the user acknowledges and accepts that browsing on Internet networks is not absolutely secure, that communications sent by telematic means may be intercepted by unauthorized persons or entities, and that software technical protection measures are not infallible.
IX- Our reservation book service is developed and operated under Restoo technology, owned by 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 Owner or the other responsible party has a legitimate interest in the transfer, in which case it will be informed in this privacy policy.
- You have consented to it.
- We are obliged by a legal provision or court order to Public Bodies 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 is revocable. The exercise of these rights may be carried out through digital means, by sending an email to cucina@mandarosso.com or by written communication addressed to the OWNER's address, indicating, in both cases, as reference "personal data" and the specific right in which their claim is based. Because they are exercises of highly personal rights, it is essential that together with your request you attach a copy of your identification document (ID, NIF or passport).
If the User does not wish to receive communications, they can indicate this at any time by email addressed to cucina@mandarosso.com.
If applicable, you may also contact the control authorities. In Spain, the Spanish Data Protection Agency
Security measures
The information will be stored and managed by the Service Owner with the necessary technical and organizational security measures to ensure 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 case 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 statistics processes, pseudonymization processes will be carried out that allow isolating identifying data.