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INFORMATION NOTE REGARDING PERSONAL DATA PROCESSING FOR INVITATIONS

1. The identity and the contact data of the Controller and the contact data of the data protection officer


1.1. Identity and the contact data of the Controller:

spice club

Address: spice_club@gmx.com, solihull b91 3da, United Kingdom

Public phone: +441217117070

Company registration number: N/A

Tax ID number: N/A

Data protection officer: N/A



( hereinafter referred to as  the “Controller”).

1.2. Contact data of the data protection officer may be available on the Controller’s website, to the extent that it was (required to be) appointed a data protection controller within the Controller.


2. Purposes (and related legal basis) of the processing(s)

2.1. The Controller shall process your personal data (the “personal data”), namely the first name, the last name, email address and phone no., if and as the case may be, in order to send you invitations (the “invitations”) and invitations reminders (“invitations reminders”), to order online from the Controller (also referred to in this data information note  ”you” or ”your” or the “data subject”), to take the steps in order you to conclude a contract with the Controller. A first reminder invitation (the “first reminder invitation”) will be sent in 7 days after sending the invitation, if you didn’t order online from the restaurants after sending the invitation. A second reminder invitation (the “second reminder invitation”) will be sent in 14 days after sending the first reminder invitation, if you didn’t order online from the restaurants after sending the invitation and the first reminder invitation. You can always withdraw your consent to receive the invitations reminder(s) that were not sent yet, by accessing the provided link and/or by sending an email to the Controller in this sense and/or in any other way permitted by the applicable legal regulations.

2.2.  The Controller shall also process your personal data in any compatible, related and correlated purposes with the above-mentioned ones.

2.3. Your personal data (electronic contact details) provided in the context of selling a product or a service may be used for direct marketing (unsolicited communications) regarding similar products or services. You can always withdraw your consent by accessing the provided link and/or by sending an email to the Controller in this sense and/or in any other way permitted by the applicable legal regulations.

2.4. Without affecting the generality of the foregoing and for the sake of clarity, your (electronic contact) data may be used by the Controller and/or the suppliers of products and/or services in order to send you direct marketing communications (unsolicited communications, for products or services that are not similar to those in the context of which you provided your data), as long as you gave your consent for such purpose. You can always withdraw your consent by accessing the provided link and/or by sending an email to the Controller in this sense and/or in any other way permitted by the applicable legal regulations.

2.5. The Controller will also process your personal data in any other cases where it is necessary for the purpose(s) of the legitimate interests pursued by the Controller or by a third party, to the maximum extent permitted by the legal regulations in force.

2.6. The Controller will also process your personal data for any other purposes for which you expressed the unambiguous consent.


3. Legal basis of the processing

The legal basis of the processing are article 6 paragraph (1) letter (a), (b) and (c), as well as, especially in the case of the direct marketing, the letter (f), from the Regulation (EU) 2016/679 of the European Parliament and of the Council, from 27 April 2016 (referred to in this information note as the “Regulation” or “GDPR”), namely:

(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

(b) processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;

..............

(f) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party...”.

To the maximum extent permitted by the legal regulations in force, the personal data processing for direct marketing purposes may be performed for a legitimate interest, taking into consideration there is a relevant and adequate relationship between the data subject and the Controller. The legitimate interests pursued by the Controller, mainly are the possibility of keeping you updated with the activity of the Controller.


4. Recipients or categories of recipients of the personal data

4.1. The recipients to whom your personal data will be disclosed are the (Sub)Processors that are processing your personal data for the purposes mentioned above, as the case may be.

4.2. Without affecting the generality of the foregoing and for the sake of clarity, your personal data will be transmitted to the following categories of recipients, for the purposes mentioned at art. 2.1. and 2.2.:

4.2.1. Your personal data will be transmitted to the Processor(s) that is/are processing your personal data for the purposes mentioned above.

4.2.2. The email address(es), if and as the case may be, will be transferred to email verification providers in order to be validated which means that the email address(es) will be verified to make sure those email address(es)are functional in order to prevent potential email bounces.

4.2.3. The phone number, if and as the case may be, will be transferred to phone number verification providers in order to be validated which means that the phone number will be verified to make sure those phone numbers are functional in order to prevent potential SMS bounces.

4.2.4. Your personal data will be retrieved from the address book of the Controller by the address book bulk retrieval of contacts middleware providers in order to be sent to the (Sub)Processor(s) that is/are processing your personal data for the purposes mentioned above.

4.2.5. The last name, the first name and the email address(es), if and as the case may be, will be transferred to the email messenger operators to send the email invitations and the email reminder invitations.

4.2.6. The last name, the first name and the phone number, if and as the case may be, will be (re)transmitted through SMS messenger operators to send the SMS invitations and the SMS reminder invitations.

4.2.7. Your personal data will be sent in order to be stored by the data storage providers. 


5. Transfers of personal data to third countries or an international organization

5.1. An eventual transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions:

(a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;

(b) the transfer is necessary for the performance of a contract between the data subject and the Controller or the implementation of pre-contractual measures taken at the data subject's request;

(c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the Controller and another natural or legal person;

(d) the transfer is necessary for important reasons of public interest;

(e)the transfer is necessary for the establishment, exercise or defence of legal claims;

(f) the transfer is necessary in order to protect the vital interests of the data subject or of other people, where the data subject is physically or legally incapable of giving consent;

(g) the existence of an adequacy decision according with the Regulation;

(h) the existence of appropriate safeguards, including binding corporate rules according with the Regulation;

5.2. Your personal data will be transferred (to the Subprocessors) to the following countries, which may be considered third countries according to the GDPR, as follows:

5.2.1. The email address(es), if and as the case may be, will be transferred to email verification providers (e.g.  Kickbox Inc., based in Texas - USA) in order to be validated which means that the email address(es) will be verified to make sure those email address(es)are functional in order to prevent potential email bounces.

5.2.2. The phone number, if and as the case may be, will be transferred to phone number verification providers (e.g. Twillio Inc based in California - USA.). in order to be validated which means that the phone number will be verified to make sure those phone numbers are functional in order to prevent potential SMS bounces.

5.2.3. Your personal data will be retrieved from the address book of the Controller by the address book bulk retrieval of contacts middleware providers ( e.g. Cloud Copy, Inc.d/b/a CloudSponge.com, based in California, USA) in order  to be sent to the (Sub)Processor(s) that is/are processing your personal data for the purposes mentioned above.

5.2.4. The last name, the first name and the email address(es), if and as the case may be, will be transferred to the email messenger operators (e.g. Peaberry Software Inc. d/b/a Customer.io based in Oregon - USA ) to send the email invitations and the email reminder invitations.

5.2.5. The last name, the first name and the phone number, if and as the case may be, will be (re)transmitted through SMS messenger operators (at the moment of the present version being Twilio Inc. based in California - USA) to send the SMS invitations and the SMS reminder invitations.

5.2.6. Your personal data will be sent in order to be stored by the data storage providers (e.g. Amazon Inc. d/b/a Amazon AWS- Oregon - USA).


6. The period for which the personal data will be stored/ The criteria used to determine that period.

Your  personal data will be stored until you will oppose to the processing of personal data (for unsolicited communications), or in case that it is mandatory to be established a maximum fixed term according to the applicable legal regulations, for a period of 10 years or another period already assumed/communicated by  the Controller, whichever comes earlier, but not less than the period provided by the legal regulations in force is in force.

In case the personal data were collected and for other purposes and/or another legal basis, the personal data shall continue to be stored for the period established for such purposes and/or legal basis, in case such period is longer than the above-mentioned ones.

7. Obligation to provide the personal data and of the possible consequences of failure to provide such data

The data subject is not obliged to provide any personal data for the purposes mentioned above.

The refusal to provide (certain) (personal) data will/may lead (as consequences of unfulfilling the obligation to provide respective data) to the impossibility of sending the invitations and the reminder invitations.

Without affecting the generality of the foregoing and for the sake of clarity:

i) In case the first and last name are not provided are not provided, the first and last name will not appear in the invitations and the reminder invitations and will appear only the nickname you provided;

ii) In case the email address is not provided, the Controller cannot send you any invitations and the reminder invitations through email;

iii) In case the phone number is not provided, the Controller cannot send you any invitations and the reminder invitations through SMS.


8. Right of access by the data subject

8.1. The data subject has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(e) the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(f) the right to lodge a complaint with a supervisory authority;

(g) where the personal data are not collected from the data subject, any available information as to their source;

(h) the existence of automated decision-making, including profiling, referred to in the Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

8.2. Where personal data is transferred to a third country or an international organisation, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

8.3. The Controller provides a copy of the personal data undergoing processing. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information are provided in a commonly used electronic form.

8.4. The right to obtain a copy referred to in paragraph 8.3 doesn’t adversely affect the rights and freedoms of others.


9. Right to rectification

The data subject has the right to obtain from the Controller without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.


10. Right to erasure (‘right to be forgotten’)

10.1. The data subject has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay, and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(b) the data subject withdraws consent on which the processing is based, where the processing takes place on the basis of the data subject’s consent given for processing personal data for one or more specific purposes and where there is no other legal ground for the processing;

(c) the data subject objects to the processing, on grounds relating to his or her particular situation, in accordance with the Regulation, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purposes and where there is no other legal ground for the processing;

(d) the personal data have been unlawfully processed;

(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;

(f) the personal data have been collected in relation to the offer of information society services to a child, in accordance with the Regulation.

10.2. Where the Controller has made the personal data public and is obliged pursuant to paragraph 10.1 to erase the personal data, the Controller, taking account of available technology and the cost of implementation, takes reasonable measures, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

10.3. Paragraphs 10.1 and 10.2 do not apply to the extent that processing is necessary:

(a) for exercising the right of freedom of expression and information;

(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;

(c) for reasons of public interest in the area of public health in accordance with the Regulation;

(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with the Regulation, in so far as the right referred to in paragraph 10.1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(e) for the establishment, exercise or defence of legal claims.


11. Right to restriction of processing

11.1. The data subject has the right to obtain from the Controller restriction of processing where one of the following applies:

(a) the data subject contests the accuracy of the personal data for a period enabling the Controller to verify the accuracy of the personal data;

(b) the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

(c) the Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

(d) the data subject has objected to processing on grounds relating to his or her particular situation, in accordance with the Regulation, pending the verification whether the legitimate grounds of the Controller override those of the data subject.

11.2. Where processing has been restricted under paragraph 11.1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

11.3. A data subject who has obtained restriction of processing pursuant to paragraph 11.1 is informed by the Controller before the restriction of processing is lifted.


12. Notification obligation regarding rectification or erasure of personal data or restriction of processing

The Controller communicates any rectification or erasure of personal data or restriction of processing carried out in accordance with paragraph 9, paragraph 10.1. and paragraph 11 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves a disproportionate effort. The Controller informs the data subject about those recipients if the data subject requests it.


13. Right to data portability

13.1.The data subject has the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, where:

(a) the processing is based on consent or on a contract; and

(b) the processing is carried out by automated means.

13.2. In exercising his or her right to data portability pursuant to paragraph 13.1, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible.

13.3. The exercise of the right referred to in paragraph 13.1 of the present Article is without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

13.4. The right referred to in paragraph 13.1 does not adversely affect the rights and freedoms of others.


14. Right to object

14.1. At any time, the data subject has the right to object, on grounds relating to his or her particular situation, to processing, for the purpose of the legitimate interests pursued by the Controller or a third party, personal data concerning him or her, including profiling based on those provisions. The Controller does no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

14.2. Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such purpose, which includes profiling to the extent that it is related to such direct marketing.

14.3. Where the data subject objects to processing for direct marketing purposes, the personal data is longer processed for such purposes. In case the data subject chooses for the processing of personal data for the purpose of direct marketing, separately and without any connection to another action, including by activating any accept button regarding the processing of personal data for the purpose of direct marketing, the latest personal data provided in any way will be processed for direct marketing purposes.

14.4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 14.1. and 14.2. is explicitly brought to the attention of the data subject and presented clearly and separately from any other information.

14.5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

14.6. Where personal data are processed for scientific or historical research purposes or statistical purposes in accordance with the Regulation, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.


15. Automated individual decision-making, including profiling

15.1. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

15.2. Paragraph 15.1. does not apply if the decision:

(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;

(b) is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or

(c) is based on the data subject's explicit consent.

15.3. In the cases referred to in points (a) and (c) of paragraph 15.2., the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Controller, to express his or her point of view and to contest the decision.


16. Right to lodge a complaint with a supervisory authority

16.1. Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the Regulation.

16.2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 17.


17. Right to an effective judicial remedy against a supervisory authority

17.1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.

17.2. Without prejudice to any other administrative or non-judicial remedy, each data subject has the right to exercise an effective judicial remedy where the supervisory authority which is competent pursuant to the Regulation does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 16.

17.3. Proceedings against a supervisory authority are brought before the courts of the Member State where the supervisory authority is established.

17.4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority forwards that opinion or decision to the court.


18. Right to an effective judicial remedy against a controller or processor

18.1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to the Regulation, each data subject has the right to an effective judicial remedy where he or she considers that his or her rights under the Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with the Regulation.

18.2. Proceedings against a controller or a processor are brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the Controller or processor is a public authority of a Member State acting in the exercise of its public powers.


19. Representation of data subjects

19.1. The data subject has the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects' rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 16, 17 and 18 and to exercise the right to receive compensation referred to in the Regulation on his or her behalf where provided for by Member State law.

19.2. Member States may provide that any body, organisation or association referred to in paragraph 19.1 of this Article, independently of a data subject's mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to Article 16 and to exercise the rights referred to in Articles 17 and 18 if it considers that the rights of a data subject under the Regulation have been infringed as a result of the processing.


20. Right to compensation and liability

20.1. Any person who has suffered material or non-material damage as a result of an infringement of the Regulation has the right to receive compensation from the Controller or processor for the damage suffered.

20.2. Any controller involved in processing is liable for the damage caused by processing which infringes this Regulation. The processor is liable for the damage caused by processing only where it has not complied with the obligations of the Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the Controller.

20.3. The controller or processor shall be exempt from liability under paragraph 20.2 if it proves that it is not in any way responsible for the event giving rise to the damage.

20.4. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 20.2. and 20.3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.

20.5. Where a controller or processor has, in accordance with paragraph 20.4., paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 18.2.

20.6. Court proceedings for exercising the right to receive compensation is brought before the courts competent under the law of the Member State referred to in 18.2.


21. Withdrawal of the consent

Where the processing is based on: i) the consent of the data subject given for processing his/her personal data for one or more specific purposes; or ii) the consent of the data subject given for processing certain special personal data for one or more specified purposes, except where Union or Member State law provides that the prohibition to process special personal data may not be lifted by the data subject, the data subject has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

For the sake of clarity, the withdrawal of the consent shall not affect the processing of the personal data based on other legal basis.


22. Miscellaneous

22.1. You have all the rights mentioned in the present information note as well as any other rights mentioned by the mandatory legal regulations in force regarding personal data processing.

22.2. Your rights mentioned in the present information note can be exercised according to the Regulation and any other applicable legal regulations in force.

22.3. Any requests and/or demands sent by you towards the Controller for exercising any of your rights may be made in writing, by registered letter that will be sent to the headquarter of the Controller and/or by email at contact email of the Controller and/or by any other ways of communications mentioned in the legal regulations in force.

22.4. The data subject may request, according to the above mentioned ones, and obtain, free of charge, in particular, access to and rectification or erasure of personal data, restriction of the processing of personal data, data portability, and the exercise of the right to object and also the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her but also in relation with the security breach of the personal data.

22.5. The terms used in the present information note will have the meaning defined in the Regulations unless the context otherwise requires, or it is otherwise provided herein.