I. DATA CONTROLLER
Who is responsible for your data?
- Holder: MERCADONA, S.A. (hereinafter, “MERCADONA”)
- Company Tax ID: A-46.103.834
- Registered offices: Calle Valencia, 5, Tavernes Blanques (Valencia)
- Public Registry: Entered into the Valencia Companies Register in general volume 3073, 389 of the General Companies Book Section, folio 170, page number V-5581
- Contact number: (+34) 900 500 103
Data Protection Officer (hereinafter, "DPO"):
Telephone: (+34) 900 500 103
II. PURPOSE OF THE DATA PROCESSING AND DATA CATEGORIES PROCESSED
What categories of data do we process?
Depending on the purpose, MERCADONA processes the following categories of data:
- Identifying data: name, surnames, postal address, email address, image, postcode, telephone number, ID number, number plate.
- Data related to customer ratings, derived from participation in blind trials or the evaluation of products and services.
- Biometric data (in any stores in Spain where the early detection system is installed).
- Academic and professional data: education/titles, student record, professional experience, affiliation to professional boards or associations, in the case of selection processes.
- User identification codes or passwords.
- Traffic and location data (IPs).
- Electronic communication metadata.
- Commercial information data.
- Economic, financial or bank data.
The requested personal data is compulsory, meaning therefore that if users refuse to provide said data, they will not be able to contract our services.
In the case in which the user provides data from third parties, they declare that they have received the consent of the other party and undertake to transfer the information contained in this clause to said party, therefore releasing MERCADONA from any liability in this regard. However, MERCADONA may carry out the necessary verifications to verify this fact, adopting the corresponding due diligence measures, in accordance with the data protection regulations.
MERCADONA reserves the right to carry out any necessary corporate checks and verifications at any time in order to guarantee the accuracy of the data provided, thereby preventing any possible duplications and/or errors in the information submitted by the Customer, thus guaranteeing the requested service as well as providing both parties with greater legal certainty.
In order to meet the established legal or contractual purpose, the data marked with an asterisk (*) on the forms provided by MERCADONA on the Platform is mandatory.
Therefore, if the user does not provide said data, it will not be possible for them to be registered on the Platform and we will be unable to process their request.
For what purpose will we process your personal data and for how long?
MERCADONA will process the user's data, manually and/or automatically, for the following specific purposes:
- To manage their registration as users of the online platforms for which MERCADONA is the data controller (hereinafter, the “Platforms or Platform”). However, the user must verify and validate their registration on the Platforms by introducing their user name and password, giving consent.
- To manage the contracting of products and/or services made available through the Platform, or in the establishment itself, as well as requests for invoices and their collection and/or their issuance and delivery by telematic means, provided that the request is submitted by the interested party or a delegated person in possession of the corresponding authorisation. The data subject may withdraw their consent at any time by writing to email@example.com.
- To send electronic communications (by email, post and/or SMS) containing offers, promotions and news related to our online Platform, unless otherwise stated or when the user opposes.
- To send commercial and/or promotional information, as well as rating or satisfaction surveys, related to the products and services acquired through the Platform, and those which offer added value to the final users, unless otherwise stated or if the user opposes.
- To draw up anonymous statistical reports regarding access habits and the activities performed by the users on the Platform.
- To create a commercial user profile and carry out business actions that adjust to it, using the data processed from product purchases (browsing data, access habits, traffic), unless otherwise stated or when the user opposes or revokes their consent.
- Only in the case in which the user has ticked the corresponding box may MERCADONA create a commercial profile using the information provided by third parties, which will enable them to provide products and services in line with the customers’ interests, as well as improving the user experience, making it possible to make automated decisions based on the user's personal preferences, interests, reliability or behaviour, purchased products, etc. Pursuant to this, MERCADONA may send specific offers and commercial communications which fit the user's profile. The user may oppose or revoke their consent at any time.
- If you send us your CV or you register for the job offers we publish, we will process your data with the aim of evaluating and handling your job application, to offer you positions adapted to your profile and, if appropriate, carry out the necessary steps to recruit and hire you as an employee. Unless otherwise stated, providing the data is mandatory; therefore, not providing it will prevent from continuing with the selection process.
- To comply with the legally established obligations as well as verifying compliance with contractual obligations, including the prevention of fraud.
- To implement specific measures to protect the vital interests of the customers, wherever necessary, or in compliance with the judicial decisions and the measures agreed therein.
- Parking management
How long do we store your data for?
MERCADONA will retain the user's personal data exclusively for the time required to carry out the purposes for which it was collected, as long as the consent initially given has not been revoked. Subsequently, and if considered necessary, the information will be blocked for the legally established periods, in any case, 5 years, or the period established by law for any action that may arise from said processing.
In the case of the personal data provided to us in relation to any job offers that you wish to apply for, the data will be stored for 3 years from the date of the last update. After this period, and as long as the data has not been updated, it will be deleted, unless you instruct us otherwise.
With regards to the protection of the vital interest of the persons concerned and the execution of any rulings or decisions which entail a restraining order against the work centres and/or individuals, the data will be processed and held for the period of time necessary in order to fulfil the judicial measures of the individuals who have been served said restraining order (in those stores in Spain where the early detection system is implemented).
However, any data collected in order to fulfil said purpose will remain within the server solely in the verification process (this verification takes fractions of a second). Once this verification has been performed it will be definitively destroyed (in those stores in Spain where the early detection system is implemented).
What security measures do we have in place to look after your data?
- Encryption of communications between the user's device and MERCADONA’s servers
- Encryption of the information on MERCADONA’s own servers
- Other measures that prevent third-parties from accessing user data
In any cases in which MERCADONA has service providers or suppliers that are located outside the European Union, the international transfers carried out with them are fully guaranteed according to the rules established in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and the criteria of the Spanish Data Protection Agency.
What is the legitimate basis for processing your data?
The legitimate basis for the processing of the user’s data by MERCADONA in order to carry out the registration of the user on the Platform is based on the consent of the interested party, requested for the specific case.
For its part, the management of the contracting of services through the Platforms, payment, billing and corresponding shipments, is legitimized by the execution of the contract itself.
For services provided directly by MERCADONA or through its suppliers, the processing will be performed based on the execution of the contract itself. In this respect, the data which is processed by suppliers will not be considered as the communication or transfer of data, except in the legally established cases.
The processing of data in order to send electronic newsletters containing offers, promotions and news, as well as rating or satisfaction surveys, related to our Platform, as well as commercial and/or promotional information, to draw up anonymous statistical reports regarding access habits and the activities performed by users on the website, and to create commercial profiles using the data processed from products and services acquired from MERCADONA is based on the legitimate interest of MERCADONA to carry out said processing in accordance with current regulations.
The consents obtained for the mentioned purposes are free-standing; therefore, the user may revoke one or several of said consents without affecting the rest.
Likewise, the user’s information may be used to comply with MERCADONA’S legal requirements.
In the case in which you apply for any of the published job offers, your data will be processed based on your consent, and this may be revoked at any time, however, if consent is revoked, your application may no longer be considered in our staff selection processes. However, the withdrawal of your consent will not affect the lawfulness of the processes carried out previously.
When processing sensitive data which is required for reasons of public interest, this will be processed with the considerations set forth in the data protection regulations, which must be proportionate to the aim pursued, which is to comply with the law, respecting the remaining principles of the data protection regulations, establishing the suitable and specific measures to safeguard the rights and interests of the interested party, on the basis of the Union or Member state Law (in those stores in Spain where the early detection system is implemented).
IV. DATA COMMUNICATIONS
Who will receive your data?
- The Spanish Law Enforcement Forces and Agencies by virtue of the provisions set forth in the Law.
- Banks and financial entities for the payment of the offered services.
V. OTHER DATA PROCESSED BY MERCADONA
Within MERCADONA’s commitment to personal data protection and privacy, we inform you of other data processing that may be performed in the framework of our customer relationships, in particular with regards to our customer service lines.
In this regard, MERCADONA will process your data in order to improve the quality of its services and in order to handle the submitted request, and where applicable, to provide you with the services which have been requested. If you wish, you can contact us on the telephone numbers provided for said purpose. The legal basis for the processing of said data will be to adopt pre-contractual measures or to develop the contractual relationship itself, as well as, in some cases, your own consent.
The processing of data from recorded calls is based on MERCADONA’s legitimate interests and, specifically, on its need to monitor and improve the telephone service provided. Data processing to handle your requests.
One of the options we offer is the help chat on our website, to be able to assist you with any information you need to know about Mercadona. The chat process is completely anonymous, and it does not show your name or other personal information. MERCADONA saves this log for analysis and improvement purposes, completely anonymously, with the sole intention of continually improving this service.
We also would like to inform you that our stores have a video surveillance system which aims to guarantee the safety of the people and the facilities. We remind you that this processing is warranted by current regulations which are based on MERCADONA’s legitimate interest to guarantee the safety of its facilities; therefore, your image may be recorded just by accessing the building.
This information may be communicated to the Spanish Law Enforcement Forces and Agencies if necessary. The images will be preserved for a maximum of one (1) month from the moment in which they are taken.
Likewise, we would like to inform you that MERCADONA has parking control devices at certain centres which use cameras located at the car park entrance/exit, in order to manage the access and permanence of vehicles in said car parks. For this purpose, the vehicle’s number plate is kept for a period of 24 hours.
Likewise, we inform you that, in order to improve the safety of our customers and employees and acting in the public interest MERCADONA may process your image or biometric facial profile in order to identify any individuals who have a restraining order (or any similar judicial measure) against MERCADONA or any of its workers (in those stores in Spain where the early detection system is implemented).
This image will only be used for this purpose and will remain on the central server solely in the verification process (this verification takes fractions of a second). Once this verification has been performed it will be definitively destroyed (in those stores in Spain where the early detection system is implemented)
These images will be processed internally by MERCADONA, and will only be communicated to the Spanish Law Enforcement Forces and Agencies in order to protect the safety of MERCADONA’s customers and employees and to comply with the measures which have been decreed by the courts (in those stores in Spain where the early detection system is implemented)
VI. USER RIGHTS
What rights do the stakeholders have?
You may send a letter to MERCADONA, S.A. (Assessorial Juridical Process) C/ Valencia, 5, de Tavernes Blanques (Valencia), postcode 46016 (hereinafter, the “Address”) or, alternatively if you have a digital signature issued by Fabric Nacional de Moneda y Timbre, you may contact us through the customer service form (https://info.mercadona.es/en/customer-service#destacadosFormulario). At any time and free of cost, the following rights:
- To revoke the granted consents.
- To obtain confirmation as to whether or not MERCADONA is processing your personal data.
- To access your personal information.
- To rectify inaccurate or incomplete information.
- To request the erasure of your data when, among other reasons, the data is no longer needed for the purposes for which it was collected.
- To obtain from MERCADONA the limitation of data processing when any of the conditions provided for in the data protection regulations are met.
- In some cases, for reasons related to your particular situation, you may object to the processing of your data. MERCADONA will stop processing your data, except when there are imperative legal grounds for doing so, or for the purposes of filing or contesting complaints.
- To obtain human intervention, to express your point of view and to challenge the automated decisions adopted by MERCADONA, if applicable.
- To request the portability of your data.
- Data subjects may lodge a claim with the Spanish Data Protection Agency (www.agpd.es) when they believe that MERCADONA has violated the rights recognised by the applicable regulations on data protection.
Last updated: 05/10/2020
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