Video Surveillance Privacy Policy

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD); SMILEAT informs you that this entity, as the data controller, processes your data through its video surveillance system, to which the security, technical, and organizational measures provided for in current regulations apply.

 In this regard, and in accordance with current legislation, below we provide details regarding the processing that SMILEAT performs on your data.

 Data Controller

Organization:  SMILEAT, S.L. (SMILEAT).

Tax ID Number: B-87.144.622

Mailing Address: Calle Gran Vía 62, 5th Floor, Apartment D – 28013 Madrid

Email: info@smileat.com

 

 Purpose of the Processing

 SMILEAT processes data provided by video surveillance cameras to ensure the safety of people, property, and facilities. Additionally, as part of SMILEAT’s operations, this data will also be used for food safety through food defense measures. In this processing, SMILEAT will ensure that the use of the images is proportionate and will respect the right to privacy and the right to one’s own image of the individuals recorded.

 

Legal Basis for Processing

 The legal basis for the processing of your data is the public interest in ensuring the safety of people, property, and facilities. Additionally, given SMILEAT’s activities, your data will also be used for food safety purposes through food defense measures.

 

 Recipients of the data

No disclosure of data to third parties is anticipated, unless required by law.For these purposes, data will only be disclosed, in accordance with applicable laws, if requested by law enforcement agencies or courts.

 

If the possibility of another communication were to arise, SMILEAT would request your consent.

 Data Processed

Data processed by SMILEAT will be the data provided by the data subject: (i) Image and, where applicable, audio.

Data Accuracy.

You warrant that the information provided is true, accurate, complete, and up-to-date, and you are liable for any direct or indirect damages or losses that may arise as a result of a breach of this obligation.

 

International Transfers

 

No international data transfers are anticipated. However, in the event that this processing requires the transfer of your data to a third country outside the European Union or to a country that does not have an adequate level of protection as determined by the European Commission, appropriate safeguards will be put in place to ensure that such international transfers are carried out in accordance with applicable law.

 

Rights

 

You may exercise the rights granted to you under applicable law: the right of access, rectification, erasure, and objection; the right to restrict processing; the right to data portability; and the right not to be subject to automated individual decision-making.

 

  • Access: allows the data subject to obtain information about whether SMILEAT processes personal data concerning them or not, and, if so, the right to obtain information about their personal data that is being processed.
  • Correction: allows you to correct errors and modify data that turns out to be inaccurate or incomplete.
  • Erasure: Allows data to be deleted and no longer processed by SMILEAT unless there is a legal obligation to retain it and/or other legitimate grounds for its processing by SMILEAT in accordance with current regulations.
  • Restriction: Under the conditions established by law, this allows data processing to be suspended, thereby preventing SMILEAT from processing it in the future, retaining it solely for the purpose of asserting or defending legal claims.
  • Objection: Allows the data subject, under certain circumstances and for reasons related to their specific situation, to object to the processing of their data. SMILEAT will cease processing the data, except for legal reasons or to exercise or defend against potential claims.
  • Portability: This right allows the data subject to receive their personal data and transmit it directly to another data controller in a structured, commonly used, and machine-readable format. To exercise this right, the data subject must provide a valid email address.

 

You may exercise your rights by any means that allows for proof of the sending and receipt of your request. The request must be addressed to SMILEAT using the contact information provided in the “Data Controller” section, with the subject line “Data Protection.” The request must include: first name, last name, a detailed description of your request, and your mailing address for notification purposes. In the event that

If there are doubts about a person's identity, any procedure that verifies the person's identity should be used, but without requiring a copy of their ID card.

 

If you are not satisfied with the response from SMILEAT in response to your exercise of your rights, you have the right to file a complaint with the supervisory authority, the Spanish Data Protection Agency, to seek protection of those rights. Notwithstanding the foregoing, any person has the right to obtain confirmation as to whether SMILEAT is processing personal data concerning them.

 

Conservation

 

SMILEAT hereby informs you that it will process and store your data for as long as necessary to satisfy public and legitimate interests and will retain it, in accordance with applicable regulations, for a maximum period of one (1) month, except when it must be retained to prove the commission of acts that threaten the safety of persons, property, or facilities. In such cases, the footage will be made available to the competent authority within a maximum of seventy-two (72) hours from the time the existence of the recording is discovered.

 

Any images used to report crimes or offenses must be attached to the report and may be retained for submission to law enforcement agencies or to the courts that request them. They may not be used for any other purpose.

 

Requests for images by law enforcement agencies will be made in the context of judicial or police proceedings. The request issued to the data controller will serve as the legal basis authorizing the controller to disclose data to those agencies or to the courts that request it.

 

In accordance with industry standards, SMILEAT informs you that it maintains technical and organizational measures to prevent accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and other unlawful acts or practices. In this regard, SMILEAT will take appropriate security measures to prevent the alteration, loss, unauthorized processing, or unauthorized access to the images. Furthermore, it will inform anyone with access to the images of their security obligations (discretion, confidentiality, and secrecy) and their duty to maintain confidentiality.