Privacy Policy

In carrying out our activities, we pay the closest attention to the security and confidentiality of the personal data of our users and customers, in compliance with the applicable data protection legislation and according to the principles of necessity, fairness, lawfulness, proportionality, and transparency.

You will find information below on how we process your personal data. Please note that this Privacy Statement does not apply to data processing carried out by or through third-party web pages linked to this website, as we have no influence or control over their configuration and content. We therefore recommend that you consult the relevant privacy and cookie policies.

It should be noted that data protection in the Principality of Monaco is regulated by the Data Protection Law no. 1.165 of 23.12.1993 and subsequent amendments, as Law no. 1.353 of 4.12.2008.

Regulation (EU) 2016/679 (GDPR) would not theoretically apply to subjects of the Principality of Monaco as they are non-EU; however, the GDPR is applicable to entities / companies established outside the EU which process personal data of individuals in the EU to offer goods and services or to monitor the behaviour of such individuals in the EU. Therefore, both Monegasque and EU regulations will be respected in processing your personal data.

The website https://www.temakinho.mc/ is owned by the company S.A.R.L. EXPLORER's (hereinafter "the Company"), with registered office at 30, route de la Piscine - Darse Sud du Port - Quai Albert 1er, 98000 MONACO, with registration number R.C.I. 11 S 05396 and VAT number FR53000090547. The infrastructure is provided by Temakinho S.p.A. with registered office in via Francesco Petrarca n. 6, 20123 Milan (MI), VAT number 07598530967 (hereinafter "Temakinho"), appointed Processor on behalf of SARL EXPLORER’S. Furthermore, Temakinho S.p.a. has in turn appointed as a Processor for the management of the centralized data database the company CIGIERRE Compagnia Generale Ristorazione S.p.A., an Italian company with registered office in Tavagnacco (UD), Via Nazionale 35, 33010, Tax Code and registration number no. 01896000302, since Cigierre S.p.a. is the parent company of Temakinho S.p.a..

DATA CONTROLLER AND CONTACT

The data controller of your personal data carried out through this site is S.A.R.L. EXPLORER’S with registered office at 30, route de la Piscine - Darse Sud du Port - Quai Albert 1er, 98000 MONACO, with registration number R.C.I. 11 S 05396 and VAT number FR53000090547.

You can contact the Data Controller by ordinary mail, by writing to the address of the registered office, or by e-mail, to the address privacy@temakinho.com

The Company is the data controller of the personal data collected on the website www.temakinho.mc (hereinafter also the “Site”) .

CATEGORIES OF PERSONAL DATA AND MODALITIES OF TREATMENT 

What personal data we collect and how we collect it depends on the products you purchase or the services you request, and how you interacted with us. In some cases, we can receive them from third parties, if you have given these subjects the consent to share them.

In particular, in the website we process the following categories of personal data:

- contact details: name, surname, address, phone number, email address;  

- other personal details that you freely want to communicate us;

- interests : information you provide us about your interests, habits, consumption choices;   

- payment details: financial information about your credit card or prepaid card if you choose these payment methods for our products or services;

- data from cookies, web beacons, and other similar technologies. For more details, please see our cookie policy.

Your data may be processed with manual or IT tools, able to ensure security, confidentiality, and prevent unauthorised access.

If you provide us with personal data on someone else's behalf, you must first ensure that the Data Subjects have read this Privacy Statement.

We ask you to help us to keep your personal data up to date, informing us of any changes that may occur and we ask you not to include in your messages to us personal data concerning third parties or 'sensitive' data (meaning those that could reveal your racial or ethnic origin, your political opinions, religious or philosophical beliefs, your trade union membership, your genetic, biometric or health data, or data about your sex life or sexual orientation). Should you send such data, we will delete this information.

DATA COLLECTION

We collect your personal data when:

- you request one of our services (such as the delivery or take away service at the restaurants you have identified);

- give your consent to receive offers, promotions or commercial communications (marketing consent);

- give consent to receive offers in line with your profile (profiling consent);

- browse our site. In this regard, we use cookies (small text files that are installed on your browser) and other techniques such as web beacons (small image files). For more details, including on how to disable them, see our cookie policy.

PURPOSES AND LEGAL BASIS FOR PROCESSING DATA 

The processing of personal data must be legitimised by one of the legal requirements (so-called 'legal basis') provided by current data protection legislation, as described belo

a.  purposes of providing online ordering and delivery or take away services at the restaurants you have identified.

You are given the opportunity to order the Products online and collect them at the Temakinho Restaurant or at the indicated collection point (“take away service”) or receive them at home (“delivery service”). Legal basis of the processing: fulfillment of pre-contractual obligations (in the phase of identification and selection of the products to be purchased) and contractual (following the purchase phase and in relation to the delivery phases and possible after-sales assistance) as well as fulfillment of specific obligations of law (for example, administrative-accounting purposes). The provision of data, although not mandatory, is essential and indispensable for the total or partial management of pre-contractual and contractual relationships. Therefore, if you do not provide us with your data, you will not be able to enjoy the service;  

b. sending marketing communications, discounts, promotions and offers about Temakinho brand

You can express your consent so that the Controller processes your personal contact data and interests for marketing and advertising purposes, and could send you sales promotional initiatives, carried out through automated contact methods (e-mail, sms and other massive messaging tools, push notifications, etc.) and traditional methods contact or for market research (direct marketing).

Legal basis of the processing: your express consent. Failure to provide it does not have consequences on contractual relationships. It is always possible to withdraw consent by writing to privacy@temakinho.com . In the absence of consent or in the event of revocation, commercial communications will not be sent.

c. purpose of sending commercial communications in line with your preferences (profiling marketing)

The Controller may process the contact data, interests, other data you wish to release, in order to send you commercial communications in line with your preferences, based on a specific customer profile, where you give us further specific consent and always in the limits of what is described in the relative formula.

Legal basis of the processing: your express consent. Failure to provide it does not have consequences on contractual relationships. It is always possible to withdraw consent by writing to privacy@temakinho.com . In the absence of consent or in the event of revocation, commercial communications will not be sent.

d. offer online advertising and sending commercial communications based on your interests through the use of cookies.

Prerequisite for processing: your express consent; failure to provide the same does not have consequences for contractual relationships. If you have not given your consent or have subsequently withdrawn it, we will not be able to offer online advertising and/or proceed with the above commercial communications via cookies. To control the use of cookies and possibly disable them, please see our cookie policy;

e. to defend our rights before the judicial, administrative or extrajudicial authorities and in the context of disputes arising in relation to the services offered.

Your personal data could be processed by the Controller to defend your rights or take legal action or even make claims against you or third parties.

Prerequisite for processing: legitimate interest of the Company in protecting its rights. The provision of personal data for this purpose is mandatory. In default the Company will find it impossible to defend its rights.

f. Purposes related to the obligations established by laws, regulations or EU legislation, by provisions / requests of authorities and / or by supervisory and control bodies

The Controller will be able to process your personal data to fulfill its legal obligations, also in order to demonstrate to the competent authorities the influx of clients who had access to the restaurants during the period of the Covid-19 epidemic.

Prerequisite for processing: fulfillment of a legal obligation. The provision of personal data for this purpose is mandatory. In default the Company will be unable to fulfill its legal obligations. 

DISCLOSURE OF DATA

Your personal data collected through this site may be disclosed to the following categories of subjects:

       a) our employees specifically assigned to process your data, in particular customer service online and in our restaurants, sales staff, accounting, human resources, IT, marketing, and, in general, our duly appointed employees and employees in our restaurants;

b) our employees to provide the requested catering service and to provide you with assistance; 

         c)  providers of legal advice and assistance services; 

d) providers of IT services including software support, or archiving;

e) any company used to provide us with a service (e.g. logistics services for the delivery of purchased products, and companies used to provide a home catering service, on our behalf, or at specific restaurants or locations you have chosen);

f) the police, government agencies, regulatory bodies, courts or other public authorities authorised by law;

g) third parties or bodies to which the communication of data is required by law;

h) IT staff or sales / delivery / take away / marketing staff (also from Temakinho Spa and Cigierre Spa) duly appointed as data processors on behalf of the owner.

The subjects mentioned above may act, depending on the case, as data controllers or autonomous data controllers. Other than to these subjects, your data will not be disclosed.

DATA TRANSFER

We may transfer your data to US service providers to perform the table booking service.

The transfer of your data to this country takes place in any case in compliance with the applicable regulations and international treaties.

You have the right to obtain a copy of the data held abroad and to obtain information on the place where such data are kept by expressly requesting it from us at the addresses of our offices or writing to privacy@temakinho.com .

HOW WE KEEP YOUR PERSONAL DATA SECURE

The Controller uses appropriate security measures in order to improve the protection and maintenance of the security, integrity and accessibility of your personal data.

All your personal data is stored on our secure servers, and is accessible and usable according to our standards and security policies.

If the data are processed by third parties, in the context of the methods and forms of payment, the Controller ensures that security standards equivalent to its own will be applied.

Instead, it is your responsibility to maintain the secrecy of the password to access your reserved area, so we ask you not to share it with anyone.

The Controller is committed to:

• ensure the accuracy and updating of the data processed, and promptly acknowledge any corrections and / or additions requested by the interested party;

• notify the interested party, within the times and in the cases provided for by the mandatory legislation, of any violations of personal data;

• to ensure compliance of the processing operations with the applicable legal provisions.

Furthermore, the Controller processes your personal data in full compliance with the principle of correctness, lawfulness and transparency. In compliance with the Privacy Law, the Controller configures or, in any case, undertakes to configure the information systems and computer programs by minimizing the use of personal data, so as to exclude their processing if the purposes pursued can be achieved by, respectively , anonymous data or appropriate methods that allow the data subject to be identified only in case of need. Finally, it should be noted that the data are not used for the purpose of adopting automated decision-making processes.

DATA RETENTION

The Company keeps your personal data only for the time necessary to achieve the purposes for which they were collected or for any other legitimate related purpose. Your personal data that are no longer necessary, or for which there is no longer a legal prerequisite for its conservation, will be irreversibly anonymised or securely destroyed. Below are the storage times in relation to the various types of data processed:

a)     Contact details: if processed for the online order and for the take away/delivery service, data may be kept only for the time necessary to process your requests and to carry out the service and in any case no later than the following 10 (ten) years, only for the data necessary for administrative-accounting purposes. With particular reference to the legal protection of our rights or in the event of requests from the authorities, the data processed will be kept for the time necessary to process the request or to pursue the protection of one's right. If processed to receive commercial communications from the owner or from Cigierre or Temakinho or other companies controlled by Cigierre, they will be kept for 24 months from collection; however, it will be our responsibility to periodically refresh your consent for these purposes in order to respect your choices. In any case, for technical reasons, the termination of the processing and the consequent definitive cancellation or irreversible anonymization of the related personal data will be final within thirty days from the terms indicated above;

b)     Interests - these data will be kept for 12 months from collection; however, it will be our responsibility to periodically refresh your consent for these purposes in order to respect your choices.

c)    Other personal data - the information you voluntarily provide will be kept only for the time necessary to respond to your request and in any case no later than 6 months after collection.

d)    Payment data: these data may be kept for the time necessary to process your requests and in any case no later than the next 10 (ten) years, in relation to the data necessary for administrative-accounting purposes;

e)     Website usage data - these data will be kept as long as the account is active. The retention times of the various cookies that may be used can be found in the appropriate Cookie Policy;

YOUR RIGHTS CONCERNING THE PROCESSING OF YOUR PERSONAL DATA

We guarantee that you can exercise your rights under Article 12.2 of EU Regulation No. 679/2016 (so-called 'GDPR') at any time. In particular, you have the right to:

- have access to your data;

- request the rectification of your inaccurate personal data or the integration of incomplete data;

- obtain the erasure of your personal data in the presence of one of the reasons envisaged by the GDPR;

-request to limit the processing only to specific personal data, if one of the reasons provided for in the Regulation occurs; 

- object in whole or in part to the processing of your personal data; 

- withdraw your consent to the processing at any time if it is based on consent, without prejudice to the lawfulness of the corresponding processing until the time of withdrawal.

The exercise of these rights is subject to some exceptions aimed at safeguarding the public interest (for example the prevention or identification of crimes) and our interests. In the event that you exercise any of the aforementioned rights, it will be our responsibility to verify that you are entitled to exercise it and we will reply, as a rule, within one month.

You can exercise these rights by sending a communication to the Controller or by writing to privacy@temakinho.com.

Furthermore, you always have the right to lodge a complaint with the national Data Protection Authority, i.e., Commission de Contrôle des Informations Nominatives, whose contacts are available at https://www.ccin.mc/fr/.