For legal reasons, we need the restaurant's acceptance to use the system, therefore, we also need their acknowledgement to delete their account. After 3 months of inactivity (meaning the restaurant has no orders, no login and no active paid services), the system will send notifications within a month and then effectively delete that account. Once deleted, an account cannot be recovered. It is sufficient for the restaurant to log in to stop this automatic process.
In accordance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE) and Organic Law 15/1999, of December 13, 1999, on Personal Data Protection (LOPD), users are informed that www.cartafood.es is an Internet domain owned by the company indicated below (hereinafter the owner), being the owner of the contents published through the portal and responsible for the processing of data collected through the same.
The company is the owner of the contents published through the portal and is responsible for the processing of data collected through the same.
DATA PROTECTION FILE NUMBER: 2081370119
REGISTRY: Company registered in the Mercantile Register of Mallorca, Volume: 2562 Book: 0 Folio: 130 Section: PM page: 73338 / Inscription: 1st. CIF: B0159857
Address: C/ METGE JOSEP DARDER, 37 OFICINA 2 – Palma de Mallorca – 07008 Baleares (Spain)
Likewise, the company CARTA FOOD S.L (Carta Food), with CIF B01598572, owner of the platform and programming of the portal, which provides the hosting of the portal on secure servers, applying the measures and procedures established in the current regulations applicable to data protection, act as data processors.
Intellectual and industrial property rights.
The entirety of this website, including all its elements, especially software, texts, animated or not images, contents, brands, logos are private property and are protected by the Intellectual and Industrial Property Laws..
Under no circumstances does access to the portal imply a waiver or transfer of such rights, nor does it confer any right to use, reproduce, distribute, modify or exploit, without the prior written consent of the owner of the same. The user may not place a hyperlink to the portal without the express written authorization of the owner.. [The customer may not transfer or transmit to third parties, especially to persons or entities whose activity is in competition with CARTA FOOD, S.L. any data on the operation of the platform. The customer undertakes to keep secret all data and information provided by CARTA FOOD, S.L. and that are concerning the provision of the contracted service. In particular it will be considered as Confidential Information all the Know-how or know-how resulting from the execution of the contracted services, the customer must keep such information in reserve and secret and not reveal it in any way, in whole or in part, to any natural or legal person who is not a party to the contract.
The client acknowledges that he hires Carta Food's services to use it for the promotion of his own business and not for the obtaining of privileged information about Carta Food's operation..
The client, while the present contract lasts and unless he communicates the opposite to CARTA FOOD, S.L. in writing to the email address firstname.lastname@example.org, grants a non-exclusive license of use of his brand, as well as of the content that he uploads to the platform, to the effects that CARTA FOOD, S.L. can advertise the content and the brand of the client through the social networks. CARTA FOOD, S.L. will use such material for advertising purposes only. So, the client authorizes CARTA FOOD, S.L. to use the data related to the commercial name of the client's business, its brand, as well as the content of the information uploaded to the Carta Food platform, in social networks, media like radio, television, etc, for advertising purposes of the Carta Food application, and to use such content, brand, commercial name and its digital menu, as an example of client of the Carta Food software.
Limitation of liability.
CARTA FOOD, S.L. disclaims any liability for any damages that may be caused to the customer, due to:
– The existence of errors in the access to the Portal, in its content or the lack of updating of the same.
– The presence of virus, or of other elements in the Web that can produce alterations in the computer system of the user.
– The lack of availability and/or continuity of the portal or of the services offered in the same one, that the transmissions of information through Internet are not totally safe.
– Contingencies in the transmission of information, such as loss of data or unauthorized access.
– Security. The holder has adopted the physical, technical and management measures necessary to maintain the required level of security, according to the nature of the personal data processed and the circumstances of the processing, in order to avoid, as far as possible and always according to the state of the art, its alteration, loss, processing or unauthorized access.
– Errors in the data process elaborated by the client when uploading the information.
On the other hand, the client will be responsible for all the information uploaded to the platform, exempting CARTA FOOD, S.L. from any responsibility. The client is obliged not to upload information, text, images for which he/she does not have the copyright. It also undertakes not to upload information, text or images that incite hatred, or content that directly attacks people because of their race, ethnicity, nationality, religion, class, sexual orientation, disability or serious illness. The client acknowledges that the ultimate purpose of the content uploaded to the platform is to inform the users of its restaurant or hotel establishment of its menu of products or menu, and therefore accepts that CARTA FOOD, S.L. may remove from the platform any content which it considers to be in breach of this principle, without prejudice to the power of CARTA FOOD, S.L. to terminate the contract for breach of the above.
Likewise, the client must provide on the platform the information on allergens of all the dishes it advertises, in such a way that the client's users have prior and detailed knowledge of the ingredients that make up the dishes and the allergens. The client, exempts from any responsibility to CARTA FOOD, S.L. in relation to the lack of information about the ingredients of the products and possible allergies of the same..
By means of the present clauses, the conditions that enable CARTA FOOD, S.L. to process personal data arising from the execution of the contract or the provision of the service contracted with the customer are established.[CARTA FOOD, S.L. will process, to the extent that the execution of the contract or the provision of the service makes it essential, personal data for which the customer is responsible. These conditions that are accepted by the customer are established to comply with the provisions of Article 28 of EU Regulation 2016/679 delimiting the obligations of the controller and processor. The processing carried out shall consist of the service detailed in the contract or quotation accepted by the customer..
The customer as the person in charge of the files authorizes CARTA FOOD, S.L. to process on its own behalf the personal data contained in its files to the extent necessary to provide the service indicated..
With respect to the indicated data CARTA FOOD, S.L. will be able to treat them adopting those decisions that are necessary for the suitable provision of the service.
Corresponden al cliente, como responsable de tratamiento, además de las establecidas en la normativa de protección de datos al menos las siguientes obligaciones:
Correspond to the client, as data controller, in addition to those established in the data protection regulations, at least the following obligations:
1. To provide the data processor with access to the data forming part of its files or to hand them over to it in the manner that is appropriate for the correct provision of the service.
2. To inform in accordance with the regulations the interested parties whose data are subject to processing and to have lawfully obtained their express consent or to have legitimate and accreditable reasons for the same.
3. To have established the legal basis that legitimizes the treatment.
4. Have simple mechanisms for data subjects to exercise their rights.
5. To have risk assessments, a register of processing operations and impact assessments if necessary due to the nature of the data processed.
6. To have adequate security measures in place to safeguard the data in the transmission of the data to the data processor.
7. Appoint a data protection officer where necessary and communicate his/her identity to the person in charge.
CARTA FOOD, S.L. will use the personal data being processed, or those collected for inclusion, only for the purpose of this order. Under no circumstances may it use the data for its own purposes. CARTA FOOD, S.L. will process the data in accordance with the instructions of the data controller. If CARTA FOOD, S.L. considers that any of the instructions infringes EU Regulation 2016/679D, or any other data protection provisions of the Union or the Member States, it shall immediately inform the controller. CARTA FOOD, S.L. undertakes not to copy or reproduce the information provided by the data controller except when its processing is necessary for the purposes foreseen in the contract. CARTA FOOD, S.L. will not communicate the data to third parties, except with the express authorization of the person responsible for the file, or in the cases provided by law. The cession to subcontracted third parties is regulated in another section of this same document..
Once the service has been fulfilled, according to what is established in the contract, CARTA FOOD, S.L., at the choice of the data controller, will proceed to:
- Return to the person in charge of the file the personal data and, if applicable, the media on which they are stored. The return will involve the total erasure of the existing data in the computer equipment used by the person in charge
- Hand over to another processor designated in writing by the data controller the personal data and, where appropriate, the media on which they are stored. The return must entail the total erasure of the data existing on the computer equipment used by the processor.
- Destroy the data, once the service has been rendered. Once destroyed, the person in charge must certify its destruction in writing and must deliver the certificate to the data controller.
Nevertheless, CARTA FOOD, S.L. will be able to conserve a copy, with the data properly blocked, as long as responsibilities can be derived from the execution of the service..
Without prejudice of the above mentioned, the client is obliged to keep a security copy of all the content that he uploads to Carta Food's platform..
The client can exercise the rights of access, rectification or cancellation and opposition, by sending an ordinary letter or by e-mail to the owner..
Elevation to public.
The present contract may be made public at the request of either of the parties. The costs involved shall be borne by the party that wishes to have it made public.
Applicable law. Competent Jurisdiction
The general conditions set out in this document are governed by Spanish law and the parties, expressly waiving their own jurisdiction, if any, expressly submit to the jurisdiction and competence of the courts and tribunals of Palma de Mallorca.
The economic conditions are reflected in the invoice issued as a consequence of the present contract. The client before the signature of the present contract has accepted the economic proposal of CARTA FOOD, S.L. The present contract is signed digitally by the parts, being that after the signature the client will receive in the stipulated terms the discharge in the service. The digital signature will be registered through the I.P. of the client.