Pursuant to Article 13 of Regulation (EU) 2016/679 which includes provisions for the protection of natural persons with regard to the processing of personal data and for the free movement of such data (hereinafter referred to as “GDPR”), we hereby provide you with information regarding the processing of your personal data.
1. Data controller
Your personal data will be processed, depending on the purposes specified in Section 3 below, “Purpose of personal data processing”, by the following persons in their capacity as autonomous data controllers:
– Franchising Mandarin Centers SL: (B90051608 with registered office at Avenida Flota de Indias 28, 41011 Sevilla, tel. 902 750 385), hereinafter FMC.
– FMC Franchisee
2. Categories of personal data processed
2.1. Data voluntarily provided by you
Please note that personal data that you provide directly is subject to processing.
Personal data means “any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is a person who can be identified, directly or indirectly, namely by reference to an identifier such as a name, an identification number, location data, an identifier on the Internet or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”, including his or her photos (Art. 4.1 of the GDPR).
2.2. Personal data of a third party that you provide voluntarily
You should note that any indication (e.g. by filling out by you or the FMC Franchisee the ALBARAN or electronic forms via the Internet) of personal and contact data of any other person within the scope of the delivery service is a case of processing of personal data in which you act as Data Controller with respect to the aforementioned persons. Therefore, you, in the capacity of Controller of the personal data and contact data must ensure that such data is obtained and communicated in accordance with the relevant provisions. To that end, you must be responsible, pursuant to Article 13 of the GDPR, for informing such persons from whom personal data are obtained and communicated in connection with the procedures and purposes of processing. The personal data of such persons must be communicated for the sole purpose of the dispatch and related processing.
3. Purpose of the processing of personal data
Your personal data will be processed, with your explicit consent where necessary, by FMC or by the FMC Franchisee depending on the purposes of each in the capacity of an autonomous Data Controller.
3.1 Purpose of Processing of Personal Data by the FMC Franchisee
FMC Franchisee processes your Personal Data for:
(i) the handling of payments and any complaints or communication with you;
(ii) marketing purposes in a broad sense; that is to send you, by any means of communication (fax, e-mail, text message, multimedia messaging service, paper mail, operator-assisted telephone calls), advertising material and documentation of a promotional nature or in any case for commercial purposes related to services, products or discounts offered by the FMC Franchisee, as well as to conduct market research and surveys, and to compile relevant statistics.
3.2. Purpose of the processing of personal data by FMC
FMC processes your Personal Data for:
(i) marketing purposes in a broad sense; that is to send you, by any means of communication (fax, e-mail, text message, multimedia messaging service, paper postal mail, operator-assisted telephone calls) advertising material and documentation of a promotional nature or in any case for commercial purposes related to services, products or discounts offered by FMC, as well as to conduct market research and surveys, and to compile relevant statistics;
(ii) profiling purposes relating to individual customers or groups of customers to facilitate the evaluation, analysis or forecasting of aspects regarding personal preferences in terms of value and type of services purchased, reliability, behavior, and most frequently requested services in order to offer you additional services, products or discounts.
4. Legal basis for processing personal data
– The legal basis for the processing of personal data for the purposes indicated in Section 3.1(i) is the agreement to which you are a party to enable the performance and management of the service you request.
Providing your personal data or that of the recipient of the shipment for the purpose indicated above is optional; however, failure to do so implies the impossibility to carry out and manage the service you request.
– The legal basis for processing for this purpose under Section 3.1(ii) is your specific consent.
Providing your personal data for such purposes is optional and failure to do so will only have the consequence of making it impossible for FMC Franchisee to send you advertising and promotional messages, and to conduct market research. FMC Franchisee’s performance and management of its service remains unaffected.
– The legal basis for processing for this purpose under Section 3.2 (i) and (ii) is your specific consent.
Providing your personal data for this purpose is optional and failure to do so will only have the consequence of making it impossible for FMC to i) send you advertising and promotional messages, and conduct market research, or ii) carry out the aforementioned profiling. The performance and management of your service by the FMC Franchisee remains unaffected.
We further point out that if you give your consent authorizing FMC Franchisee and FMC for this purpose, respectively, pursuant to Sections 3.1(ii) and 3.2 (i) and (ii) above, you remain in any case free to revoke at any time your consent or to object to the processing of the data for the purposes indicated above, by sending without the need for any formality a clear written communication indicating yourself to the address specified in Section 10 below, “Contact information for exercising the data subject’s rights and for further information.”
Regarding the exercise of the right to object for marketing purposes, we inform you that if you exercise such a right, you will refer to all means of contact, whether electronic, automated or traditional, but you are entitled to exercise your right to object to the limited extent of some contact channels. For example, by contacting the relevant Data Controller at any time through the addresses specified in Section 10 below, “Contact information for exercising the Data Subject’s rights and for further information”, you may object only to the sending of communications by automated means (i.e., contact by email, text message, multimedia messaging service, etc.) and therefore consent only to receive communications by traditional means (i.e., paper postal mail or telephone calls made by operators).
After receiving such a request for revocation or expression of objection, the FMC Franchisee or, depending on the circumstances, FMC will proceed in a timely manner to remove or delete your personal data from the database and to inform, where possible, any third party to whom it may have been communicated for the same purpose of cancellation.
5. Modalidades de procesamiento de los datos personales
El procesamiento de sus datos personales se realizará mediante dispositivos de TI y manuales, además de en papel.
Los datos personales que proporcione no estarán sujetos a procesos de toma de decisiones automatizados, a excepción de la realización de perfiles como se indica en la Sección 3.2 (ii) anterior.
6. Recipients of personal data
Your personal data, which will not be distributed by FMC Franchisee or FMC, may be communicated:
– by FMC Franchisee to:
(i) employees, agents or collaborators of the FMC Franchisee who are located within the territory of the European Union;
(ii) employees, agents or collaborators of FMC who are located within the territory of the European Union;
(iii) persons engaged in assistance and consultation activities on behalf of the FMC Franchisee in accounting, administrative, legal, tax and financial matters who are located within the territory of the European Union;
(iv) persons, bodies or authorities to whom the communication of their personal data is mandatory under the provisions of the law or orders issued by the authorities;
– by FMC to:
(i) employees, agents or collaborators of FMC who are located within the territory of the European Union;
(ii) persons located within the territory of the European Union to whom FMC has recourse for profiling and marketing activities;
(iii) subsidiaries or associated countries;
(iv) third parties, located within the territory of the European Union, with whom we will develop – from time to time – commercial partnership agreements or common initiatives, campaigns and projects;
(v) persons, companies or professional offices located in the territory of the European Union to carry out assistance and consulting activities in relation to accounting, administrative, legal, tax and financial matters;
(vi) persons, bodies or authorities to whom we are required by law or orders issued by authorities to disclose personal data.
The persons or categories of persons to whom FMC Franchisee or FMC will disclose your personal data may process your personal data in their capacity as data processors, autonomous data controllers or joint data controllers.
The complete list of data processors:
– FMC’s Franchisee is available from its registered office; further information may be requested by writing to the address specified in Section 10 below “Contact Information for Exercising Data Subject Rights and Obtaining Further Information”.
– FMC’s Privacy Policy is available at its registered office; further information may be requested by writing to the address specified in Section 10 below, “Contact Information for Exercising Data Subject Rights and Obtaining Further Information”.
7. Transfer of Personal Data Outside the EU
Neither FMC nor the FMC Franchisee will transfer your personal data or that of the consignees outside the European Union.
8. Retention of Personal Data
In application of the proportionality principle, you are informed that:
(i) the FMC Franchisee will retain your Personal Data for the purposes indicated in Section 3.1(i) above (execution and management of the shipment) for the time necessary for the execution and management of the shipment, without breaching any specific legal obligation regarding the retention of accounting documents;
(ii) FMC Franchisee shall retain its personal data for the purposes indicated in Section 3.1(ii) above (marketing) for a period not exceeding twenty-four months from the time of registration, except in case of anonymization that prevents, either indirectly or in aggregate with other databases, the identification of the data subject;
(iii) FMC shall retain its personal data for the purposes set forth in Section 3.2(i) (marketing) and 3.2(ii) (profiling) above for a period not to exceed twenty-four months and twelve months, respectively, from the time of registration, except in the case of anonymization that prevents, either indirectly or in aggregate with other databases, the identification of the data subject.
FMC and the FMC Franchisee have implemented appropriate mechanisms for the automatic deletion of personal data, including those of any third parties to whom such data may have been communicated.
9. Exercise of the Data Subject’s Rights
Pursuant to Articles 13(2)(b) and (d) as well as Articles 15 to 22 of the GDPR, we inform you that:
(a) you have the right to request from the Data Controller access to personal data, rectification or erasure of personal data or restriction of processing as regards you, and to object to such processing, or to revoke your consent, in addition to the right to data portability;
b) you have the right to lodge a complaint with the “Agencia Española de Protección de Datos” following the procedures and instructions published on the official privacy-related website of such national authority at www.agpd.es ;
c) any rectification or erasure or restriction of processing carried out at your request, unless it proves impossible to carry out or involves a disproportionate effort, will be communicated by the Data Controllers to each of the recipients to whom the personal data has been transmitted. The Data Controllers may disclose who these recipients are if expressly requested by you.
Your requests to exercise such rights should be submitted in writing to the Data Controllers at the addresses specified in Section 10 below “Contact Information for Exercising Data Subject Rights and for Further Information”.
The exercise of rights is not subject to any formal restrictions and is free of charge.
For more information on the provisions of Articles 15 to 22 of the GDPR, click on the following link:
http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32016R0679&from=es
10. Contact information for exercising the data subject’s rights and for further information
– To exercise your rights in relation to the purposes set out in Section 3.1 above or to obtain any information you may need in relation to FMC Franchisee under this Privacy Statement, you may send a written communication to its registered office.
– To exercise your rights in connection with the purposes set forth in Section 3.2 above or to obtain any information you may need in connection with FMC under this Privacy Statement, you may send a written communication to FMC or by e-mail to [email protected].
