Legal notice

LEGAL NOTICE for WEBSITE PURSUANT TO LSSI 34/2002 of 11 July, GDPR (EU) 2016/679 of 27 April, AND LOPD 3/2018 of 5 December
SPLSSI0103-14-0524

• LEGAL NOTICE
• INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
• DISCLAIMER
• DATA PROTECTION AND PRIVACY POLICY
• DUTY TO INFORM THE DATA SUBJECT ABOUT DATA PROCESSING – ADDITIONAL INFORMATION. GDPR (EU) 2016/679 OF 27 APRIL AND LOPD 3/2018 OF 5 DECEMBER
• PROCESSING OF DATA AND ITS CONFIDENTIALITY ON THE WEBSITE
• AMENDMENT OF THE DATA PROTECTION AND PRIVACY POLICY
• ANTI-SPAM POLICY
• APPLICABLE LAW AND JURISDICTION
• COPYRIGHT

LEGAL NOTICE

UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID).

Commercial Registry of Madrid, Volume 39043, Page F 50, Section 8, Sheet M 693715, 1st Registration dated 12.04.19.

These general conditions govern access to and use of the website that UPPER EAT S.L. makes available free of charge to Internet users. Accessing, browsing and using this website implies acceptance of the terms and conditions set out in this document, provided that such terms meet legal requirements and do not infringe any rights. Users are therefore advised to read them carefully before browsing the website. The use of certain services offered on this site will also be governed by the specific conditions established in each case, which shall be deemed accepted by the mere use of such services.
Users who access the Website are expressly authorised to view all the information, print it and partially download its contents solely and exclusively where the following conditions are met:

2.1) Reproduced elements are intended solely for the user’s personal and private use. Their use for commercial purposes or for distribution, public communication, transformation or decompilation, including sending them by email, is therefore expressly prohibited. It is also forbidden to transfer or transmit such content to third parties or to install it on any server connected, directly or indirectly, to a local network or to the Internet, so that a group of third parties could gain access to such information.

2.2) None of the content contained on this Website may be modified in any way.

2.3) No graphic, icon or image available on this Website may be used, copied or distributed separately from the text or from the other images that accompany it. Any infringement of the prohibitions and limitations contained in this section – and in any of the following sections – shall be deemed an infringement of the intellectual property rights owned by UPPER EAT S.L. and shall give rise to the legally established liabilities, and may be pursued by the latter by means of the corresponding administrative, civil or criminal actions.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The intellectual property rights over the website www.upper-eat.com, as well as over its design, navigation structure, source codes, databases and each of the various elements contained therein, are owned by UPPER EAT S.L., which has the exclusive right to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

The User acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other element inserted in the Website (including, by way of example but not limited to, all elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that form the website “www.upper-eat.com”, trademarks, logos, trade names, texts, reviews and comments, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture and the source codes of the web pages) belong to UPPER EAT S.L. and/or to third parties that have assigned their rights to it. For these purposes, “Website” shall be understood to mean all creations incorporated into and expressed by any means and/or tangible or intangible medium, known now or in the future, that are subject to protection under the current regulations on intellectual and industrial property.

Mere viewing, printing, downloading or temporary storage, whether in whole or in part, of the contents and/or elements inserted in the Website or in the pages that comprise it is authorised solely for the user’s personal, private and non-profit use, provided that in all cases the origin and/or author is indicated and, where appropriate, the copyright symbol and/or industrial property notes of the holders appear.

Under no circumstances does access to the Website imply any kind of permission, waiver, transfer, licence or total or partial assignment of said rights by their holders, unless expressly stated otherwise. These website terms of use do not confer on Users any other rights of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by UPPER EAT S.L. or, as the case may be, by the third-party holder of the rights concerned.

The use of such elements, their total or partial reproduction, communication and/or distribution for commercial or profit-making purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Website, its pages and/or the contents incorporated therein, is strictly prohibited. Any use other than those expressly permitted shall require the prior written consent of the holder of the rights in question.

DISCLAIMER

UPPER EAT S.L. reserves the right to modify and update the content of this website at any time. The modifications will not have retroactive effect and therefore will not affect actions taken prior to their implementation.
UPPER EAT S.L. has made every effort to ensure that the representation of images on this website is as faithful to reality as possible. However, some characteristics may not be correctly perceived from the images or may be subject to change depending on the quality and settings of the user’s monitor.
Given the changing nature of this website and the possibility of errors occurring in the storage and transmission of digital information, UPPER EAT S.L. does not guarantee the accuracy and security of the information transmitted or obtained through this website. Nevertheless, it will diligently use its best efforts to prevent, correct or update such content as soon as possible, where appropriate.
If our website contains links to other websites and third-party materials, such links are provided for information purposes only and UPPER EAT S.L. has no control over the content of such websites or materials. It is therefore impossible to guarantee the absence of viruses or other elements in them that may cause alterations to the user’s computer system (hardware and software), documents or files, and any liability for damage of any kind caused to the user for this reason is excluded. Consequently, we accept no liability for damage of any kind caused to the user for this reason.
The user who accesses and browses this website undertakes not to place any false or fraudulent orders and to use it diligently and within the valid limits of current legislation. Both access to this website and any use that may be made of the information contained herein are the sole responsibility of the person doing so. You must not misuse this website by intentionally introducing viruses, trojans, worms or any other program or technologically harmful or damaging material. You must not attempt to gain unauthorised access to this website, to the server on which it is hosted or to any server, computer or database related to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. UPPER EAT S.L. shall not be liable for any consequence, damage or harm that may result from such access or negligent use by the user of the information contained on this website.
Likewise, UPPER EAT S.L. is the holder of the industrial property rights relating to its products and services, and specifically those relating to its registered trademark. With regard to references to third-party products and services, UPPER EAT S.L. acknowledges the corresponding industrial and intellectual property rights in favour of their holders, and their mere mention or appearance on the Website does not imply the existence of any rights or liability on the part of UPPER EAT S.L. over them, nor any endorsement, sponsorship or recommendation by UPPER EAT S.L.
Unauthorised use of any information contained on this website, its resale, as well as any infringement of the Intellectual or Industrial Property rights of UPPER EAT S.L. shall give rise to the legally established liabilities.
Any kind of third-party link to this Website must be to the home page or main entry page: www.upper-eat.com.

DATA PROTECTION AND PRIVACY POLICY

UPPER EAT S.L., hereinafter the Controller of this Website, in accordance with the provisions of the legislation in force on the protection of personal data, GDPR (EU) 2016/679 of 27 April and Organic Law 3/2018 of 5 December, and with the provisions of the Spanish Law on Information Society Services and Electronic Commerce (LSSI-CE) 34/2002 of 11 June, has implemented policies, means and procedures to guarantee and protect the privacy of the personal data of its USERS.

DUTY TO INFORM THE DATA SUBJECT ABOUT DATA PROCESSING – ADDITIONAL INFORMATION. GDPR (EU) 2016/679 OF 27 APRIL AND LOPD 3/2018 OF 5 DECEMBER

In compliance with Articles 13 and 14 of GDPR (EU) 2016/679 of 27 April and Article 11 of Organic Law 3/2018 of 5 December, we provide the data subject with additional information regarding the processing of their personal data.

The processing activity is CLIENTS – COMPANY, COMMERCIAL AND ADMINISTRATIVE MANAGEMENT, located at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: invoicing clients; accounting, tax and administrative management; management of contact data for administrative and commercial management and follow-up. The types of data relating to the data subject are as follows: First name and surname; Tax ID/National ID/Foreign ID; Contact telephone numbers; Email address; First name and surname of the legal representative in the case of a legal entity; First name and surname of the contact person in the case of a legal entity; Invoices. The retention period for such data is 5 years from completion of the provision of services. No profiling or automated decision-making is envisaged. The legal basis for processing is the Controller’s legitimate interest. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: Public administrations in the cases provided for by law and for the purposes defined therein; Tax Administration; Processors associated with the Controller’s purpose; Banking entities. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid) or at admin@upper-eat.com. The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is ADMINISTRATIVE MANAGEMENT OF EMPLOYEES, located at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: administrative, accounting and tax procedures for the labour management of the organisation’s employees. The types of data relating to the data subject are as follows: First name and surname; Tax ID/National ID/Foreign ID; Social Security/Mutual Society Number; Contact telephone numbers; Address; Disability certificate; Email address; Marital status; Date of birth; Gender; Number of dependent children; Bank details – IBAN; Employment details; Academic degrees and certificates; Position or job title. The retention period for such data is 5 years from the termination of the employment relationship. No profiling or automated decision-making is envisaged. The legal basis for processing is performance of a contract. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: Public administrations in the cases provided for by law and for the purposes defined therein; Tax Administration; occupational risk prevention companies and mutual insurance companies; Processors associated with the Controller’s purpose; Insurance entities; Banking entities; Social Security; Trade unions. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid) or at admin@upper-eat.com. The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is SENDING NEWSLETTERS, located on the website www.executiverestaurantsoftheworld.com. The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: sending advertising and commercial communications related to the Controller’s activity by electronic means. The types of data relating to the data subject are as follows: First name and surname; Email address; Connection IP address. The retention period for such data is 1 month from revocation of consent. No profiling or automated decision-making is envisaged. The legal basis for processing is the data subject’s explicit consent. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: No transfers are envisaged, except where there is a legal obligation. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid) or at admin@upper-eat.com. The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is PUBLICATION ON SOCIAL NETWORKS AND WEBSITES, located at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: publication of images and videos on the website and social networks. The types of data relating to the data subject are as follows: First name and surname; Email address; Image; Voice. The retention period for such data is 1 month from revocation of consent. No profiling or automated decision-making is envisaged. The legal basis for processing is the data subject’s explicit consent. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: entities related to the Controller; websites and personal sites or blogs; social networks and content platforms such as Instagram, Facebook, Twitter/X, TikTok, Pinterest, YouTube, among others. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid) or at admin@upper-eat.com. The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is SUPPLIERS AND COLLABORATION AGREEMENTS WITH CATERING COMPANIES, ADMINISTRATIVE AND ACCOUNTING MANAGEMENT, located at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: collaboration agreements with catering companies; organisation of gastronomic events, with exchange of information between the contracting party and the catering companies; administrative and accounting management of suppliers. The types of data relating to the data subject are as follows: First name and surname; Tax ID/National ID/Foreign ID; Contact telephone numbers; Address; Email address; First name and surname of the legal representative in the case of a legal entity; Invoices; Debit or credit card details. The retention period for such data is 5 years from completion of the provision of services. No profiling or automated decision-making is envisaged. The legal basis for processing is performance of a contract. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: Public administrations in the cases provided for by law and for the purposes defined therein; Tax Administration; catering companies; event-organising companies; companies associated with the purpose of the processing; Processors associated with the Controller’s purpose; Banking entities; entities with collaboration agreements. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid) or at admin@upper-eat.com. The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is WEB CONTACTS – CLIENTS – WWW.UPPER-EAT.COM, located at www.upper-eat.com. The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: management through the WhatsApp app of enquiries related to the Controller’s activity; management via the website of clients and potential clients; the email address will only be used for the purpose defined by the Controller in this activity. The types of data relating to the data subject are as follows: First name and surname; Contact telephone numbers; Email address. The retention period for such data is for as long as is necessary to resolve the enquiry submitted by the user. No profiling or automated decision-making is envisaged. The legal basis for processing is the Controller’s legitimate interest. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: No transfers are envisaged, except where there is a legal obligation. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid) or at admin@upper-eat.com. The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is UPPER EAT ONLINE PLATFORM, located at www.upper-eat.com. The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: remote access for clients for the exchange of information related to the service contracted with the Controller; administrative, accounting and commercial management of clients and documentation through a private web area. The types of data relating to the data subject are as follows: Contact telephone numbers; Email address; Connection IP address; First name and surname of the contact person in the case of a legal entity; Invoices. The retention period for such data is 5 years from completion of the provision of services. No profiling or automated decision-making is envisaged. The legal basis for processing is performance of a contract. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: catering companies; Processors associated with the Controller’s purpose; collaborating entities. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid) or at admin@upper-eat.com. The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is MANDATORY WORKING TIME CONTROL REGISTER, located at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: mandatory daily record of working hours. The types of data relating to the data subject are as follows: First name and surname; Tax ID/National ID/Foreign ID; Signature. The retention period for such data is 4 years on the basis of Article 10 of Royal Decree-Law 8/2019 on urgent measures for social protection and the fight against precarious employment. No profiling or automated decision-making is envisaged. The legal basis for processing is compliance with a legal obligation. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: the worker, Labour Inspectorate, Legal Representatives of workers and Social Security. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at admin@upper-eat.com or Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid). The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is ORGANISATION OF GASTRONOMIC EVENTS, located at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: invoicing clients; organisation of gastronomic events, with exchange of information between the contracting party and the catering companies. The types of data relating to the data subject are as follows: First name and surname; Tax ID/National ID/Foreign ID; Contact telephone numbers; Address; Email address; First name and surname of the contact person in the case of a legal entity. The retention period for such data is 5 years from completion of the provision of services. No profiling or automated decision-making is envisaged. The legal basis for processing is the Controller’s legitimate interest. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: catering companies; Processors associated with the Controller’s purpose; Banking entities; collaborating entities; entities with collaboration agreements. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at admin@upper-eat.com or Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid). The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The processing activity is EXTERNAL STAFF AND COLLABORATORS, located at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). The Controller is UPPER EAT S.L., with Tax ID No. B88345095 and registered office at Av. De La Industria, 32, Postcode 28108 – Alcobendas (MADRID). The purpose of the processing is: provision of services and collaborations for the development of the Controller’s activity. The types of data relating to the data subject are as follows: First name and surname; Tax ID/National ID/Foreign ID; Contact telephone numbers; Address; Email address; Bank account details – IBAN; Position or job title. The retention period for such data is 5 years from completion of the provision of services. No profiling or automated decision-making is envisaged. The legal basis for processing is performance of a contract. As regards recipients, the Controller may transfer the personal data provided to recipients and providers of services rendered, provided that such transfer is limited to the purpose that justifies it, as well as to those disclosures provided for in the applicable legislation. The categories of recipients to whom the Controller may transfer the data subject’s personal data are: Public administrations in the cases provided for by law and for the purposes defined therein. The list of processors and/or Service Providers with access to data without authorisation to process them is available at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid). Furthermore, regarding international transfers, no international transfer of personal data is envisaged. With regard to the rights that the data subject has in relation to their data, they may exercise their rights of access, rectification, erasure, restriction of processing, objection, revocation, data portability and the right to withdraw consent by contacting UPPER EAT S.L. as Controller at admin@upper-eat.com or Av. De La Industria, 32, Postcode 28108 – Alcobendas (Madrid). The data subject also has the right to lodge a complaint with the Supervisory Authority in data protection matters, the Spanish Data Protection Agency (AEPD).

The data subject may access this information on data protection, updated at all times, at C/ Ramón y Cajal, 5, Local 15, 28100 Alcobendas (Madrid).

PROCESSING OF DATA AND ITS CONFIDENTIALITY ON THE WEBSITE

The data provided will be incorporated into processing activities owned and managed by UPPER EAT S.L. and will be processed with absolute confidentiality.

The Controller, as well as any parties involved in any stage of the processing and/or any entities to which the data have been communicated – by virtue of the authorisation granted by the USER – are obliged to observe professional secrecy and to adopt the protection levels and the technical and organisational measures within their reach that are necessary to guarantee the security of personal data, avoiding, as far as possible, unauthorised access, unlawful modifications, theft and/or loss of data.

Nevertheless, USERS are warned and informed that such technical measures are not infallible or impregnable and, for this reason, the Controller cannot be held responsible for such practices nor for their consequences.

The personal data of USERS, together with any data resulting from access to, use of or contracting of the service, may only be subject to automated processing and transferred in the form and for the purposes established and expressly authorised by USERS.

AMENDMENT OF THE DATA PROTECTION AND PRIVACY POLICY

Finally, we inform you that the Controller reserves the right to amend this data protection, privacy and cookies policy in order to adapt it to legislative or jurisprudential developments, as well as to changes or industry practices. In any case, you will be notified in advance of any changes to be introduced and of the date on which they will take full effect.

ANTI-SPAM POLICY

Individuals who receive any of the electronic communications, information, newsletters or advertising from UPPER EAT S.L. receive them for one of the following reasons:

– They registered online from this website.

– They registered online from partner websites.

– They requested information about our products and services.

– They provided their information to one of our Partners or Employees.

– They registered offline by completing forms, newsletters, applications, etc., offered at trade fairs, offices or collaborations, among others, which are filed for subsequent verification for a period of 5 years.

Our communications are not intended to reach any person who does not wish to receive them. Therefore, and in order to correct situations that may occasionally occur, such as someone registering another person without their consent, we have incorporated into this subscription system a filter based on a “no-contact list”, which prevents any commercial communication from being sent to any email address included in it.

Therefore, if you do not wish to receive our commercial communications and wish to prevent anyone from registering you against your will, please contact us using the method established in each processing activity and we will include in the “no-contact list” the address for which cancellation of processing is requested.

If you have any problem doing this electronically, please do not hesitate to contact us by phone during office hours. A member of staff will assist you personally and complete the procedure.

APPLICABLE LAW AND JURISDICTION

The applicable legislation in the event of a dispute or conflict regarding the interpretation of the terms of this Legal Notice, as well as any matter related to the services on this website, shall be Spanish law.

For the resolution of any conflict that may arise in connection with visiting the website, UPPER EAT S.L. and the user agree to submit to the non-exclusive jurisdiction of the Commercial Courts of Madrid.