I. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Web Opium Barcelona (hereinafter, also Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporated into this privacy policy
This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it respects the following rules:
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
- Organic Law 3/2018 of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
- Royal Decree 1720/2007 of December 21, which approves the Regulations for the development of Organic Law 15/1999 of December 13, on the Protection of Personal Data (RDLOPD).
- Law 34/2002 of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the controller responsible for the processing of personal data
The controller responsible for the processing of personal data collected on Web Opium Barcelona is: OPIUM MAR, S.L., provided with NIF/CIF: B61135265 and registered in: Barcelona Mercantile Registry with the following registration data: Volume 29289, Folio 12, Page B 155643, whose representative is: The Administrator of OPIUM MAR, S.L. (hereinafter, Data Controller). Their contact details are as follows:
Address: Passeig Marítim de la Barceloneta, 34, 08003 Barcelona, Spain.
Contact telephone: 934 14 63 62
Contact email: info@opiumbarcelona.com
Personal Data Records
In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Web Opium Barcelona, through the forms extended on its pages, will be incorporated and processed in our file in order to facilitate, expedite, and fulfill the commitments established between Web Opium Barcelona and the User, or the maintenance of the relationship established in the forms filled out by the User, or to address a request or inquiry. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained that specifies, according to its purposes, the processing activities carried out and the other circumstances established in the GDPR.
Principles applicable to the processing of personal data
The processing of the User’s personal data will be subject to the following principles set out in Article 5 of the GDPR and in Article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
- Principle of lawfulness, fairness and transparency: the User’s consent will be required at all times after completely transparent information regarding the purposes for which the personal data are collected.
- Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
- Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
- Principle of accuracy: personal data must be accurate and always kept up to date.
- Principle of storage limitation: personal data shall only be kept in a form which permits identification of the User for no longer than is necessary for the purposes of its processing.
- Principle of integrity and confidentiality: personal data will be processed in a way that guarantees its security and confidentiality.
- Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed at Web Opium Barcelona are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Web Opium Barcelona undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User shall have the right to withdraw their consent at any time. It shall be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On occasions when the User must or can provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.
Purposes of the processing for which the personal data are intended
Personal data are collected and managed by Web Opium Barcelona for the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User, or maintaining the relationship established in the forms filled out by the latter, or to address a request or inquiry.
Likewise, the data may be used for a commercial purpose of personalization, operational and statistical purposes, and activities related to the corporate purpose of Web Opium Barcelona, as well as for data extraction, storage, and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation, and navigation of the Website.
At the time the personal data are obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be intended; that is, the use or uses that will be given to the information collected.
Retention periods for personal data
Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 5 years, or until the User requests its deletion.
At the time the personal data are obtained, the User will be informed about the period during which the personal data will be stored or, when that is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will be shared with the following recipients or categories of recipients:
Hosting and Servers:
Name: OVH HISPANO, S.L.U.
Address: Calle de la Princesa, 22, 2º Derecha, 28008 Madrid, Spain.
Ticket Management and Access Lists:
Name: FOURVENUES, S.L.
Address: Calle de Alacuás, 1, 46014 Valencia, Spain.
Restaurant and Table Reservations:
Name: COVER MANAGER SOLUTIONS, S.L.
Address: Calle San Fernando, 27, 41004 Seville, Spain.
Web Analysis and Measurement:
Name: GOOGLE IRELAND LIMITED
Address: Gordon House, Barrow Street, Dublin 4, Ireland.
Email Marketing and Newsletter:
Name: BREVO (SENDINBLUE SAS)
Address: 7 Rue de Madrid, 75008 Paris, France.
Advertising and Retargeting:
Name: META PLATFORMS IRELAND LIMITED
Address: 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data are obtained, the User will be informed about the third country or international organization to which it is intended to transfer the data, as well as the existence or absence of an adequacy decision by the Commission.
Personal data of minors
Respecting the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may lawfully grant their consent for the processing of their personal data by Web Opium Barcelona. If the User is under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Web Opium Barcelona undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and avoid the destruction, loss or accidental or illicit alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted.
However, because Web Opium Barcelona cannot guarantee the invulnerability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to communicate to the User without undue delay when a violation of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data security breach is understood as any breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform of and ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.
Rights derived from the processing of personal data
The User has over Web Opium Barcelona and may, therefore, exercise against the Data Controller the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:
- Right of access: This is the User’s right to obtain confirmation as to whether or not Web Opium Barcelona is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Web Opium Barcelona has carried out or is carrying out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for them.
- Right of rectification: This is the User’s right to have their personal data modified if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.
- Right to erasure (“the right to be forgotten”): This is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis; the User opposes the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform the controllers who are processing the personal data of the data subject’s request to erase any link to those personal data.
- Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
- Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used and machine-readable format, and to transmit it to another data controller. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
- Right to object: This is the User’s right to prevent the processing of their personal data from being carried out or to cease the processing thereof by Web Opium Barcelona.
- Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.
Thus, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference “GDPR-www.opiumbarcelona.com”, specifying:
- Name, surname of the User and copy of the DNI (ID card). In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other valid legal means that proves identity.
- Request with the specific reasons for the request or information to which access is sought.
- Address for notification purposes.
- Date and signature of the applicant.
- Any document proving the request being made.
This request and any other attached document may be sent to the following address and/or email:
Postal address: Passeig Marítim de la Barceloneta, 34, 08003 Barcelona, Spain.
Email: info@opiumbarcelona.com
Links to third-party websites
The Website may include hyperlinks or links that allow access to third-party websites other than Web Opium Barcelona, and which are therefore not operated by Web Opium Barcelona. The owners of said websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints to the supervisory authority
In the event that the User considers that there is a problem or infringement of current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a claim before a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).
II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
It is necessary for the User to have read and agree with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.
Web Opium Barcelona reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to check this page periodically to keep abreast of the latest changes or updates.
This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to Organic Law 3/2018 of December 5, on the Protection of Personal Data and guarantee of digital rights.