1. The identity and the contact data of the Supplier of products and/or services and the contact data of the data protection officer
Identity and the contact data of the Supplier of products and/or services (also referred to in this Privacy Policy the “Supplier of products and/or services” or the”Controller”):
The Sushi Samurai
Address: 1817 Queen Anne Ave N, Seattle 98109, Washington, United States
Public phone: 2067660298
Company registration number: N/A
Tax ID number: N/A
Data protection officer: N/A
1.1. Contact data of the data protection officer (“DPO”) may be found on the websitewww.thesushisamurai.com, as long as it was (necessary to be) appointed such data protection officer.
2. Purposes (and related legal basis) of the processing(s)
2.1. The Controller shall process the personal data you (also referred to in this privacy policy ”you” or the “client” or the “data subject”) provided by the client (eg. Name, surname, (delivery) address, phone no., email address) when ordering products and/or services through the application of the Provider (referred to in this Privacy Policy the “application” or the ”solution”), and communicated by the Provider to the Controller, for any purposes in order to take the steps in order to conclude a contract with the client (following a request expressed by the client when using the application) and to perform the agreement concluded with the client (the “agreement”).
2.2. Your electronic contact details provided in the context of selling a product or a service may be used for direct marketing (unsolicited communications) regarding similar products or services. You can always withdraw your consent by using the unsubscribe link available prior to any ordering session of yours or in the footer of any marketing email communication received from us.
2.4. Without affecting the generality of the foregoing and for the sake of clarity, your (electronic contact) data may be used by the Controller and/or the suppliers of products and/or services in order to send you direct marketing communications (unsolicited communications, for products or services that are not similar to those in the context of which you provided your data), as long as you gave your consent for such purpose. You can always withdraw your consent by accessing the provided link.
2.5. The Controller will store and process any of your personal data to the maximum extend and period provided by the mandatory applicable legal regulations in force.
2.6. The Controller will also process your personal data for any other purposes for which you expressed the unambiguous consent.
3. Legal basis of the processing
The legal basis of the processing are article 6 paragraph (1) letter (b) and (c), as well as, especially in case of the direct marketing, the letter (f), from the Regulation (EU) 2016/679 of the European Parliament and of the Council, from 27 April 2016 (referred to in this Privacy Policy the “Regulation” or (“GDPR”), namely:
(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which the Controller is subject;
………………….
(f) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party...”.
To the maximum extent permitted by the legal regulations in force, the personal data processing for direct marketing purposes may be performed for a legitimate interest, taking into consideration there is a relevant and adequate relationship between the data subject and the Controller, the data subject being/becoming a client of the Controller. The legitimate interests pursued by the Controller through the direct marketing communications, mainly are the possibility of keeping the client updated with the activity of the Controller.
4. Recipients or the category of recipients of the personal data
4.1. Sending your data to different recipients and in different (third) countries, recipients that are processing the personal data for (compatible, related and correlated purposes with) the purpose of executing the contract you have with the Controller, namely: delivery providers, printing providers, pos billing providers, loyalty providers, etc.
4.2. Also, without affecting the generality of the foregoing and for the sake of clarity, the following information, will be transmitted to the following categories of recipients, for the following purposes:
4.2.1. Your details, namely: last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through email messenger operators to the Controller and back to you, to your email address, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.
4.2.2. If possible, your details, namely : last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through SMS messenger operators to the suppliers of products and/or services and back to you, by SMS, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.
4.2.3. As well as, the personal data will be sent in order to be stored by the data storage providers
5. Transfers of personal data to third countries or an international organization
5.1. An eventual transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions:
(a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
(b) the transfer is necessary for the performance of a contract between the data subject and the Controller or the implementation of pre-contractual measures taken at the data subject's request;
(c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the Controller and another natural or legal person;
(d) the transfer is necessary for important reasons of public interest;
(e) the transfer is necessary for the establishment, exercise or defence of legal claims;
(f) the transfer is necessary in order to protect the vital interests of the data subject or of other people, where the data subject is physically or legally incapable of giving consent;
g) existence of a adequacy decision according with the Regulation;
h) existence of appropriate safeguards, including binding corporate rules according with the Regulation;
5.2. The following data will be transferred to the following third countries, as follows:
5.2.1. Last name, first name, email address, phone number, delivery address (if relevant) will be sent to Sendgrid Inc, based in Denver Colorado - USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.
5.2.2. Last name, first name, email address, phone number, delivery address (if relevant) will be sent to Peaberry Software Inc. d/b/a Customer IO based in New York – USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.
5.2.3. Last name, first name, email address, phone number, delivery address (if relevant) will be sent to Twilio Inc., in San Francisco, California - USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.
5.2.4. Last name, first name, email address, phone number, and delivery address (if relevant) Order session originating IP will be send in USA, in order to be stored and/or in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.
5.2.5. If online payment is available and you choose to use it, then the last name, first name, email address, phone number, delivery address (if relevant), order session originating IP, card holder name, card expiration date, card number, CVV (if required) will be sent to Spreedly Inc. based in Durham North Carolina USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.
5.2.6. Third countries may be added and/or removed from time to time by the Controller, as and if the case may be.
6. The period for which the personal data will be stored/ The criteria used to determine that period.
The personal data will be stored for 1 year but not less than the period provided by the legal regulations in force.
The personal data will be (mainly) stored in order to execute the agreement as well as for fiscal and/or legal purposes and additionally, specifically and without affecting the generality of the foregoing, the email address and the phone number (as and if the case may be) will be stored for direct marketing purpose.
7. Obligation to provide the personal data and of the possible consequences of failure to provide such data
The provision of the personal data is a contractual requirement.
The data subject is obliged to provide the personal data.
The refusal to provide (certain) (personal) data will lead (as consequences of not fulfilling the obligation to provide respective data) to the impossibility of (fully) using the application and/or certain functionalities of the application and/or to the impossibility to order and/or to buy and/or to pick-up and/or delivery of products and/or services, as the case may be, the Controller being entitled not to process the order.
Without affecting the generality of the foregoing and for the sake of clarity:
i) In case the data regarding the location were the products has to be delivered are not provided, the products cannot be delivered;
ii) In case the email address is not provided, we cannot send you any information about confirmation or reject of the order or about the missed orders and/or other information regarding your order and the communications with you cannot be performed;
v) In case the name and surname are not provided, we will not have the minimum identification data to have a valid agreement with you and also your order will not be processed and we won’t be able to send you the information about confirmation or reject of the order or about the missed orders
vi) In case the IP addresses are not provided, no further investigations can be performed in order to determine what happened and whether or not you were a victim of a fraudulent ordering session (e.g. fake orders, prank orders or purchase impersonation), therefore the order may not be safely accepted.
vii) In case the phone number is not provided the Controller may not contact you back in a timely manner for order-related clarifications or delivery address clarifications, as the case may be.
8. Right of access by the data subject
8.1. The data subject has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the personal data are not collected from the data subject, any available information as to their source;
(h) the existence of automated decision-making, including profiling, referred to in the Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
8.2. Where personal data are transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.
8.3. The Controller provides a copy of the personal data undergoing processing. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information are provided in a commonly used electronic form.
8.4. The right to obtain a copy referred to in paragraph
8.3 doesn’t adversely affect the rights and freedoms of others.
9. Right to rectification
The data subject has the right to obtain from the Controller without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
10. Right to erasure (‘right to be forgotten’)
10.1. The data subject has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay, and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
(a)
the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;(b)
the data subject withdraws consent on which the processing is based, where the processing takes place on the basis of the data subject’s consent given for processing personal data for one or more specific purposes and where there is no other legal ground for the processing;(c)
the data subject objects to the processing, on grounds relating to his or her particular situation, in accordance with the Regulation, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purpose and where there is no other legal ground for the processing;(d)
the personal data have been unlawfully processed;(e)
the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;(f)
the personal data have been collected in relation to the offer of information society services to a child, in accordance with the Regulation.