The domain https://www.gastrocult.com is owned by the company Foodiestay, S.L., with registered office at Calle Fuencarral, nº 104, 2º D, 28004, Madrid, Spain (from now on Foodiestay), which is also responsible for processing the personal data provided by users through this website. Here, in addition to indicating the person responsible for the processing, we will refer you to our practices for the protection of the privacy of your personal data, for what purpose the personal data you provide will be processed, why we have the right to process them, how we collect your data and why. As well as its use, your rights as users and also explains the processes we have provided to protect your privacy. By providing us with your personal information and using our websites, we understand that you have read and understood the terms relating to the personal data protection information provided. At Foodiestay we assume the responsibility of complying with the national and European legislation in force regarding data protection, and we aim to treat your data in a legal, loyal and transparent way. The fact that you observe any term not defined in this section implies that said word or expression must be used in accordance with the conditions established in the General Conditions.
Foodiestay, S.L., with CIF B87804530, domiciled in Madrid, calle Fuencarral 104, 2D, 28004, a company of Spanish nationality and domiciled in Spain, is responsible for the processing of data and information of a personal nature that it collects from its Users, with its representative being María José Jordá.
To contact the person responsible for the processing, as well as to exercise your rights in relation to the protection of the data you provide us with, you can contact the following e-mail address: firstname.lastname@example.org.
To be responsible for the processing means that it is the legal entity that, alone or with other persons, determines the purposes and means of the processing.
The contact details of the Data Protection Officer are those mentioned in the previous paragraph, being the person in charge.
The website is owned by FoodieStay, and is made available, (1) on the one hand, to individual entrepreneurs (self-employed) or entrepreneurs using a commercial enterprise, whether public or private (hereinafter referred to as "Expert Users in gastronomy and culture" or "Hosts") who wish to offer, by uploading gastronomic experiences to the Platform, (hereinafter referred to as "the Gastronomic and Cultural Experience Offer(s)") to third parties who access the aforementioned Platform, and (2) on the other hand, the website is also made available to such third parties (hereinafter also referred to as "Users interested in the Gastronomic and Cultural Experience Offer(s)") so that they may contract directly with any of the Expert Users for the experiences offered by them. To do this, Expert Users must register on the Foodiestay Platform providing the requested information or through a support agent of the FoodieStay team. Once registered they will be able to upload to the Platform one or more Gastronomic Experience/s and/or Cultural Offer/s (from now on the "Gastronomic Expert Offer/s"). Users interested in the Gastronomic and Cultural Offer/s may register voluntarily or do so by contracting one or more of the Offers of a Gastronomic and Cultural Expert. The responsibility for the correct provision of the services offered and compliance with the obligations assumed in the Offer uploaded to the Platform will be exclusively that of the Gastronomic and Cultural Expert who undertakes to keep the Users who contracted the Gastronomic and Cultural Offer(s) unharmed, without any of the Users being able to claim Foodiestay for any discrepancies in the same. Foodiestay will collaborate in the possibility of an amicable solution between the referred Users, without committing itself to achieve an amicable solution. The present General Conditions of Use of the web contain the general conditions of contracting, which govern the relationship of Foodiestay with (i) the Expert Gastronomic and Cultural Users and (ii) with the Users interested in the Gastronomic Offer who contract the same, and have the aim of regulating the rights and obligations of each of the referred Users. The defined Expert Gastronomic Users, the Users interested in the Gastronomical Offer and in general any natural or legal person who uses the website or the Platform of Foodiestay even if they do not contract any experience or register as a Gastronomical Expert, are attributed the condition of user of the website and when accessing, navigating and using our website without a contract and/or making an offer, and/or making a reservation, they will be jointly defined as the "Users"); that by accessing the Platform you agree to have read, understood and accepted the terms and conditions shown in this section of the website and that you are bound by these Conditions and our Data Protection Policy (see the following section), so if you do not agree with all the Conditions and the Data Protection Policy, you should not use this website.
- Manage your FoodieStay user registration to identify you and give you access to the experience services available to you as a user.
- The development, fulfillment and execution of the contract for the provision of mediation services in the contracting of our suppliers of the experiences involved, as well as attending to and resolving any request, claim or consultation subsequent to such contracting.
- Contacting the User by e-mail in relation to updates or informative communications related to the functionalities, products, including security updates of the Platform, whenever necessary or reasonable for their execution.
- Contacting the user by email or phone to manage the contracted services or to deal with requests or requests made by the user through the customer service channels available at FoodieStay, for example, if you later have problems finishing the purchase, we will call or email you to contact you personally and help you book your experience.
- We also use your information to generate aggregate data that does not identify you. For example, to generate statistics about our users, the number of impressions or clicks on a particular experience offering, or the demographic distribution of visitors.
We also use your information to generate aggregate data that does not identify you. For example, to generate statistics about our users, the number of impressions or clicks on a particular experience offering, or the demographic distribution of visitors.
Foodiestay, S.L.'s legitimacy for the treatment of your personal data is based on the following reasons:
- As for the expert users in gastronomy and culture: (i) to contract with Foodiestay, (ii) to offer Gastronomic and Cultural Experiences to the Users of the website GastroCult.com; and/or (iii) to facilitate the contact of the Expert Gastronomic and Cultural Users with the Users of Offers and experiences facilitating the accomplishment of the orders.
- With regard to users of gastronomic and cultural offers, to facilitate compliance by users who are experts in gastronomy with their contractual obligations arising from orders placed by users of gastronomic and cultural offers.
- If you give us your consent, for the sending of advertising or personalized offers of our experiences.
- If you do not wish to receive certain email communications, simply go to "My Profile" in the "My Account" section and uncheck the items you wish to unsubscribe.
- You can also cancel your subscription by following the instructions in each communication.
- The communication of personal data is a consequence of the contractual relationship of the users, being a necessary requirement for the subscription of the contract. If such personal data is not provided, it cannot be contracted through our platform.
6.1. Means of protecting your personal data
We are committed to ensuring that your personal information is protected and is not misused. We use appropriate technical and organizational measures to protect your personal information and privacy and we review these measures periodically. We protect your personal information through the use of a combination of physical, computer, and logical security controls, including access controls that restrict and manage how your personal information and personal data are processed, administered, and managed. We also ensure that our employees are appropriately trained to protect your personal information. Our procedures indicate that we may require proof of identity before sharing your personal information with you. In accordance with our guarantee of security and confidentiality, we are particularly interested in providing you with the highest level of security and in protecting the confidentiality of the personal information you provide to us, and therefore, business transactions are conducted in a secure server environment under the SSL (Secure Socket Layer) protocol. If you ever have trouble accessing any part of our website, it may be due to your browser model or version or your browser settings. If you need us to help you find the solution or if you have any questions about how our shopping system works, please call us at +34 914676680. The Internet is a means of communication and also a new medium that allows commercial transactions to be carried out over the network. The security of data on the network must be guaranteed, especially in e-commerce transactions, which must be allowed: i) authentication, which guarantees the legal or natural person with whom we communicate, ii) integrity, i.e. that the content of the communication between the two parties cannot be modified, and iii) confidentiality, which consists of the guarantee that no unauthorised person can know the content of the communication. Foodiestay undertakes to comply with its obligation of secrecy with respect to the personal data of Users and with its duty to protect them, and will adopt the necessary technical and organisational measures to guarantee the security of personal data and to avoid their alteration, loss, treatment or unauthorised access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether these are the result of human action or the physical or natural environment.
6.2. Time during which we will store your personal data.
We only store your personal information to the extent that we need it to be able to use it in accordance with the purpose for which it was collected, and in accordance with the legal basis for processing it in accordance with applicable law. We will retain your personal information as long as a contractual and/or business relationship exists with you, or as long as you do not exercise your right to delete, cancel and/or limit the processing of your data. In these cases, we will keep the information duly blocked, without giving it any use, while it is necessary for the exercise or defense of claims or may derive some kind of legal or contractual liability from its processing, which must be attended to and for which its recovery is necessary. Under no circumstances will your data be kept for more than 10 years from the end of the contractual relationship, a period of conservation required by Law 10/2010 of 28 April on the prevention of money laundering and the financing of terrorism.
6.3. As data controllers, we undertake to respect the confidentiality of your personal data and to guarantee the exercise of your rights. You may exercise the following rights at any time:
- Right of access. You have the right to confirm that we are processing your personal data and, if so, to obtain a copy of such data and full information about the processing.
- Right of rectification. You have the right to correct errors, to amend inaccurate or incomplete data and to ensure the accuracy of the information processed.
- Right of withdrawal. You have the right to request the deletion of your data without undue delay, in case the processing is illegal or the purpose for which the data was collected or processed has disappeared.
- Right to limitation of treatment. You have the right to request the suspension of the processing in case it is illegal or the accuracy of the data has been challenged.
- Right of opposition. You have the right to object to the processing of your data where it is for the purpose of direct marketing or where processing must be stopped for reasons connected with your personal situation, unless a legitimate interest is shown or it is necessary for the exercise or defence of the claims.
- Right not to be the subject of individualized decisions. You have the right not to be subject to a decision based solely on prosecution, including profiling, which produces legal effects or which affects you, unless this is necessary for the performance of a contract, is permitted by law or you have given your explicit consent.
Due to the nature of our services and the purpose of the collection and processing of your personal data by us, the right to portability does not apply.
To exercise these rights, please send an email to: email@example.com or a letter to FoodieStay S.L., Fuencarral 104, Madrid, 28004, clearly stating (i) your identity, indicating at least your full name and the email address you used when you purchased or registered with FoodieStay, and (ii) the right or rights you are exercising.
You can also go to the Spanish Data Protection Agency (www.agpd.es) to request the protection of your rights, if you consider it appropriate.
The exercise of these rights is free of charge, unless manifestly unfounded or excessive requests are made, in which case the person concerned may be required to bear the costs of processing them.
These are some of the precautions and recommendations that we advise our users:
- Do not give out your username or password to anyone.
- Do not write down the password in easily accessible places: computer, diary.
- Always use our SSL security system.
- Always disconnect the browser session after entering the user or password.
The data are obtained from the interested party. In case they are obtained in the future by means of a legitimate transfer or from publicly accessible sources, the source of the personal data and the category of personal data concerned shall be provided, with an indication of those that are specially protected, - ideology, religion, trade union membership, health, sexual, etc. This information shall be provided by e-mail.
FoodieStay may at any time modify these general conditions, as well as the general contracting conditions, and/or the particular conditions included, without prior notice, by including such modifications in this section of the website. Therefore, the User must read this Legal Notice carefully each time he or she intends to use the website, since the website and its conditions of use contained in this Legal Notice, as indicated, may be modified. The modifications introduced will only be applicable to the Users with respect to the orders made from the moment of their inclusion in the website. Some services of the website accessible to Users may be subject to particular conditions which, depending on the case, replace, complete and/or modify this Legal Notice, although for their application they must be communicated to and accepted by the User before the corresponding service is provided.
We inform you that you have the following rights
- Access: You may request information on the personal data stored concerning you
- Correction: You may request that the inaccuracy of your personal data be corrected.
- Deletion and Limitation: You may request the deletion or limitation of the processing of your personal data
- Portability: You can request that your personal data be made available to you in a structured, standard, machine-readable format
- Opposition: You may request that your data be no longer processed, unless for legitimate reasons or the exercise or defence of possible claims has to be continued.
For some of these cases we have enabled tools for registered users, or will be enabled in the future. In case you do not have the possibility or availability to do so using these tools, you must write to us attaching a copy of your ID card or document that identifies you, to the address Calle Fuencarral 104, 2D, 28004 Madrid or to the email firstname.lastname@example.org
If you consider that there is a problem with the way we are handling your data you have the right to file a complaint with our Data Protection Officer or with the data protection authorities (Spanish Data Protection Agency). However, any question related to the data we invite you to contact us to solve it.