By providing us with your personal data you grant your consent for the inclusion thereof in each of the filing systems owned by the companies MAHOU, S.A., CERVECERA INDEPENDIENTE, S.A., both of registered office at Calle Titán, 15, Madrid, and AGUAS DE SOLÁN DE CABRAS, S.A., of registered office at Paraje de Solán de Cabras, Beteta, Cuenca (hereinafter, jointly referred to as the 'COMPANY'), which wish to protect your privacy, and therefore provide you with this Privacy and Personal Data Protection Policy. You indicate your acceptance of this policy regarding each of the entities comprising the COMPANY. If you do not accept this policy, do not provide your personal data to any of the entities comprising the COMPANY. This policy is included within and forms a part of the Terms and Conditions governing use of the websites, IT applications and/or social media platforms of each of the entities comprising the COMPANY (hereinafter, the 'Content')").
We suggest that you regularly inspect this policy in order to remain up-to-date as to its scope and any modification that might have been applied. By accessing the Content of the COMPANY following the publication of notification of said modifications, alterations or updates, you will be accepting compliance with the new terms.
Underage users (18 years)
The COMPANY informs users that if they are aged under 18 they may not enter or register for the Content of the COMPANY.
If you are an underage user, you must not provide us with any data. We cannot, nor do we wish to, gather the personal data of any underage individual, nor perform any promotion, including the promotion of any type of alcoholic beverage, to individuals who are not of a legal age in order to purchase it. If we are notified or if we believe that any underage person has provided us with personal data, having falsified the above requirements (date of birth on access), we will take all possible actions to delete said personal data from our filing systems. Parents or guardians may contact the COMPANY in all cases to block the access account of underage individuals for whom they are responsible, if they have registered by falsifying their identity.
Gathering of personal data
In the event that a user has an interest in accessing specific services dependent on prior registration, including, without being confined to, competitions, prize draws, promotions, forums, surveys, purchases or contracting of services, and other activities of the COMPANY, or taking part in services offered by the COMPANY, or submitting videos, images or any other type of material, receiving information on promotions or contacting the COMPANY, they must complete the personal data request forms or any other means by which users can subscribe for any specific services offered in each case via the Content. Notwithstanding the terms set out in these conditions, the data processing conditions established in each case and declared to the user by the COMPANY entity in question will take priority in all cases, upon completion of registration forms, surveys, competition or promotion conditions and/or any other conditions of specific services. The terms set out in this policy will apply in such cases on a supplementary basis (in all aspects where they do not contradict said terms, in which case the terms established for the particular case of the promotions/services/competitions in question will in all cases apply).
The COMPANY informs you that it does not perform checks as to the accuracy of the data, and will therefore take into account the data entered by users in each case, whether or not they are accurate. In the event of any modification to your data, the COMPANY requests that users inform it in order to keep the information updated.
Access by means of a user password
In order for users to be able to take part in the games, competitions, prize draws, promotions and other services offered by any of the entities comprising the COMPANY, it may be necessary to be registered, as indicated in each case, and so to obtain a login and password, allowing users to identify themselves each time that they are to participate. There will be one single user ID for all platforms once a user profile has been created. This means that users will not be required to establish a different login and password for each of the forms of Content of each of the entities comprising the COMPANY, but by registering for the Content of any of the entities they will obtain a login and password that will be valid for participation in games, competitions, prize draws, promotions and other services offered by all entities comprising the COMPANY in their range of Content, unless otherwise indicated by any said entity.
Existence of filing systems, identification of the data controllers, purposes and consent
When a person registers for the Content of any of the entities comprising the COMPANY by completing the form, they accept these conditions (regarding which they declare that they have been freely, consciously, expressly and extensively informed), together with the fact that their personal data will be included in all the personal data filing systems created by the entities comprising the COMPANY, the company names and registered offices of which are identified in the introduction to this policy.
The purpose of the processing of personal data by all the entities comprising the COMPANY is to perform maintenance and administration of the relationship with the user, in addition to tasks of information, research, training and marketing, including the sale of products and provision of services by the COMPANY, whether online or through physical resources, the generation of statistics and market studies, including analysis as to user behavior within the context of their browsing and the creation of user profiles by means of the integration and joint processing of the information obtained via cookies or similar technologies in any of the Content of the COMPANY, with the pre-existing information regarding the user in the databases of the COMPANY, or any obtained from any social media channels, including, without being confined to Facebook, Instagram, YouTube, Twitter, LinkedIn or other Content, all the above for the purposes of better understanding the user, conducting market studies, and offering users more customized content and promotional activities, along with the execution of promotional and advertising activities, including the sending of commercial communications conducted by email or equivalent electronic means of communication, or other non-electronic means, regarding the products, services or activities connected with the COMPANY, and with third parties, as regards the food and drink, hospitality, entertainment, communications, tourism and travel sectors.
Likewise, the data provided by users may be used, where applicable, to administer their dissipation in a specific promotional competition (including verification that the user fulfils the necessary requirements in order to be entitled to receive the promotion or competition prize, to be able to present or send the prize, or for the publication of the winners and/or winning materials within the Content administered by the COMPANY and other media channels), to administer their participation in the Content of the COMPANY, including, without being confined to, any sales of products and provisions of services, and the publication of videos, images or any other documents or information that the user might decide to send.
If a user decides to participate in any of the promotions and competitions included in the Content of the COMPANY, and is the winner of any of the prizes, whether or not the user has accepted the receipt of commercial communications regarding promotions or prizes, or if the user purchases any product or contracts any service offered by the COMPANY, whether online or through physical means, or enters in any other way into a contractual relationship with the COMPANY, the user may receive at their personal email address (provided when completing the corresponding form), or by SMS or any other means on their mobile telephone, or via any other equivalent means of electronic communication, a message by means of which the COMPANY may recall or confirm the contracting of services or the purchase of any products undertaken by users, or conduct any other type of communication in connection with the transaction, in addition, within the context of some promotion or competition, to notification of the users as to their status as prizewinners, the prize won, the manner in which the prize is to be presented/enjoyed, and to confirm the corresponding handover process, all the above notwithstanding the terms established in the specific conditions of the competition or promotion in question itself, in the conditions of sale or any other specific conditions that might apply.
Users likewise grant their consent for the COMPANY to make use of their Internet browsing data in order to send them, via their browser and/or software plug-in, to their internal messaging address, information and advertising of the COMPANY.
Should users subsequently wish to revoke the consent granted to receive commercial information by email or any other similar or equivalent means, they may serve notice thereof via the 'Contact us' section of the Content, if this exists, or by selecting the relevant link included in each commercial communication, notwithstanding the rights of access, rectification, cancellation and objection that they enjoy, and that they may exercise in accordance with the provisions of this policy.
Users likewise grant their consent for the COMPANY to process their geolocation (positional) data, in order to be able to provide them with the store geolocation service, and to calculate shipment charges in the case of purchasing websites, and offer customized services while they are browsing the Content.
Each time a user sends an email to any of the entities comprising the COMPANY, or engages in any type of communication that would entail the transfer of personal data, they likewise grant their free, unequivocal, specific, informed and express consent for the processing of personal data by the COMPANY in accordance with the provisions of this policy.
Users may voluntarily provide additional information in certain subsections of the COMPANY Content. The decision to provide such information is entirely that of the users themselves. The COMPANY nonetheless advises users not to provide any more information than that required in accordance with the purposes for which they may use the services.
Transfers or communications of data
A person registering for the Content of any of the entities comprising the COMPANY provides their consent for the data to be transferred among all entities comprising the COMPANY, as identified in subsection 1 of this policy, and for them to be integrated and processed on a joint basis with other personal data already held in the databases of the COMPANY, information obtained by means of cookies or similar technology in any of the Content of the COMPANY, or any social media platforms, including, without being confined to, Facebook, Instagram, YouTube, Twitter, LinkedIn, or any other Content for the purposes referred to above in this policy.
The COMPANY plans to perform transfers or communications of data as required in order to fulfil its obligations regarding Public Authorities in those cases where so required in accordance with the Legislation in force at the time in question, and where applicable, likewise to other bodies such as State Law Enforcement Agencies and Court Bodies.
If users do not accept transfer of data as referred to above, they must refrain from participating in the particular service, promotion or competition in question.
Other recipients of information
The COMPANY advises users that they are the sole parties responsible for and guaranteeing the confidentiality, security and processing of data in accordance with this policy, as regards the personal data gathered from the user via the Content of the COMPANY, with no type of liability attaching to it as regards any processing and subsequent usage of any personal data that might be performed by third-party information society service providers that might access said data on their own account as a result of the provision of services or pursuit of their activity.
The COMPANY likewise accepts no liability for any data processing performed by third parties establishing hyperlinks with the Content of the COMPANY, nor those responsible parties to which as a result of COMPANY hyperlinks the users of its Content is referred.
Users accept and agree that their data may be processed by Salesforce.com, Inc., in its capacity as the data processor commissioned by the COMPANY, its registered office being at The Landmark at One Market Street, San Francisco, CA 94105, USA. The main object of this service provision is the administration of the COMPANY's relationship with its users and clients, and the provision of a platform for advertising and marketing purposes.
The COMPANY advises users that, except in cases of legally established and accredited representation, no user may use the identity of another person and disclose his/her personal data, and users must therefore at all times take into account that they may only provide personal data corresponding to their own identity, and where these are appropriate, relevant, current, precise and truthful. To this end, users will be the sole parties liable as regards any direct and/or indirect damages caused to third parties or to the COMPANY through the use of the personal data of another person, or their own personal data if they are false, incorrect, out of date, inappropriate or irrelevant. Likewise, any users disclosing the personal data of a third party will be liable before that party as regards the obligation of information established in Article 5.4 of Organic Personal Data Protection Act 15/1999, of 13 December 1999 (the 'Data Protection Act') if the personal data were not gathered from the actual interested party, and/or the consequences of having failed to provide information and, where required, to obtain consent.
In those cases in which users voluntarily decide to provide the COMPANY with the personal data of third parties (for example, their email address or telephone number), the users undertake first to inform said persons of their intention to disclose their data to the COMPANY, and to obtain their prior, express consent in writing for such processing of data, and any purposes for which they are to be processed, the user being otherwise liable.
Updating of data
Users are the sole source of information for their personal data, and the COMPANY therefore requests that, in order to keep their data updated and current at all times, in accordance with the principles of the Data Protection Act, they give notice of any modification thereto, at the address Calle Titán, 15, 28045 Madrid, or by selecting the corresponding option in the 'Contact us' subsection of the Content, if this exists. Users are reminded that in order to proceed to update their data, they must provide accreditation of their identity by submitting a photocopy of their national identity card or equivalent document.
Exercise of rights of access, rectification, cancellation and objection regarding personal data
The COMPANY informs users of the possibility that they enjoy to exercise their rights of access, rectification, cancellation and objection to the processing of their personal data by sending a written and signed request addressed to any of the entities comprising the COMPANY, of the following address: Departamento de Asesoría Jurídica, Calle Titán 15, 28045 Madrid. The interested party must for this purpose send written notification, indicating the request or right exercised, the full name of the user, address for service, together with a copy of their national identity document or valid document accrediting identity (photocopy of passport). If via a representative, an official document confirming the powers of representation must be provided. Users may likewise exercise their rights by sending a photocopy of their national identity document (or passport), on both sides, by means of the 'Contact us' form, if this exists. Given the centralized management performed by the COMPANY, the exercise of the right of cancellation of personal data before any of the entities comprising the COMPANY will entitle the remaining entities likewise to proceed to cancel personal data in their respective filing system.
Unsubscription from the email promotional information service
Users are entitled to object of the processing of their data for promotional purposes for the receipt of commercial communications, and at any time to revoke the consent granted for this purpose, simply by serving notice of their wishes on the entity of the COMPANY from which they no longer wish to continue receiving commercial communications, notwithstanding the right of objection enjoyed by users. To this end, users may submit their objection by completing the corresponding form in the 'Contact us' subsection, if this exists, or in the manner established in each commercial communication.
With regard to any personal data that may be published in the Content owned by the COMPANY, or obtained from them, users are informed that said data are included in one or more data filing systems the controller and responsible party for which is the COMPANY, and they may not be freely processed and reproduced by third-party users of the Content, unless prior authorization and informed consent is obtained from the parties concerned themselves.
Personal data published in the Content of the COMPANY or obtained therefrom may comprise any information in any storage medium regarding identifiable natural persons, such as given name, surname, IP address, postcode and/or email address, photos, images of events or celebrations staged by the COMPANY, data identifying the winners or those awarded prizes in competitions, promotions or services organized and sponsored by the COMPANY, data published by users, or any other information. As a result, all personal data may only be used by the user of the Content for the purpose of participation in the services and Content in the manner established in the usage policies for the Content and the privacy policies, for private purposes and within the context of the laws in force, on a not-for-profit basis and not for any form of commercial purpose. Any uses other than those indicated are expressly prohibited, including the incorporation of images or data in filing systems or processing and/or the creation of databases of persons and/or sending of advertising or transfer to third parties, without the prior, informed consent of the users, the COMPANY not being liable for any uses that third-party users might make of the Content, in contravention of the terms established in this policy.
Where users are involved in the activities, competitions and promotions of the COMPANY, comprising the sending by the users of certain content, files, opinions, etc., whatever the nature thereof, the COMPANY serves notice that the following activities are expressly prohibited on the part of users:
- Publish information or make comments or insinuations that would incite or promote violence, intolerance, racism, maltreatment, hatred, threats, physical or psychological harm, sexual or any other type of harassment, or any other actions in violation of the Law and public decency;
- Publish information or make comments or insinuations that would be false or deceitful, injurious, degrading, threatening, offensive, abusive, obscene or defamatory;
- Use information published by other users without respecting the intellectual property rights of the legitimate holders of such rights;
- Usurp the identity of a third party (pretending to be another person, using the account, username or password of another user). Nor may a password be given to a third party, nor any third party permitted to access the user's account.
Information or images may be published only if they are the property of the user, and they remain subject to the user's own responsibility. If the information or images published would affect third parties, then their express and written consent for this must have been obtained from them in advance.
Users must likewise bear in mind that the COMPANY protects the reputation and privacy of individuals. In accordance with Article 7 of Civil Protection of the Right of Reputation, Personal and Family Privacy and Own Image Act 1/1982, of 5 May 1982, the following actions on the part of users will be deemed unlawful and forbidden intrusions:
- The placement in any location of listening, filming, optical devices or any other resource capable of recording or reproducing the private life of persons.
- The usage of listening or optical devices or any other resource to gain knowledge of the private life of persons, or private letters or declarations not intended for the person making use of such resources, or the recording, registration or reproduction thereof.
- The disclosure of facts regarding the private life of a person or family that would affect their reputation and good name, and the disclosure or publication of the content of letters, memoirs or other personal writings of a private nature.
- The disclosure of the private data of a person or family learned of through the professional or official activity of the person disclosing them.
- The capture, reproduction or publication by photography, film, or any other procedure, and the image of a person in locations or at times of their private life or outside such conditions, except in those cases expressly permitted by law.
- The usage of the name, voice or image of a person for advertising, commercial or analogous purposes.
- The imputation of actions or expression of value judgements through actions or expressions that would in any way undermine the dignity of another person, jeopardizing their reputation or undermining their own estimation.
- The usage of an offence by a person found guilty in a binding, criminal judgment to gain public celebrity or obtain an economic benefit, or the disclosure of false details regarding criminal acts, if this would undermine the dignity of the victims.