Gustix Privacy Notice
1. Controller
1.1 SMARTEDTECH SL, B66970831, Carrer Agricultura, 16, 1º, 9ª, 08320 El Masnou, Barcelona, Spain (the Operator) is the controller of the personal data described in this notice. Privacy contact: privacy@gustix.net. Rights form: /ja/legal/privacy-rights.
2. Data roles
2.1 Platform data. The Operator is the controller of personal data processed to operate the platform: account, identity verification, acceptance records, payments, security, support, communications and analytics.
2.2 Provider supply data. Where a restaurant supplies a meal, seat or service to a customer through the platform, the restaurant is an independent controller of the data it needs for that supply (reservation, order, dietary and allergen information given for that meal, table and payment records), and the Operator is a controller of the platform-level record of the transaction. Each party complies with its own obligations; neither acts for the other.
2.3 Processor services. Where the Operator processes personal data on behalf of a business customer under the customer's instructions (for example a restaurant group's staff accounts under an ENT-02 order), the Data Processing Agreement (DAT-01) applies and governs; it is signed as part of the order.
2.4 Sharing between SET platforms. Personal data is not shared with any other platform operated by the Operator or its group unless you enable the specific destination in your settings. Enabling one destination does not enable others, and you may disable it at any time.
2.5 International transfers. Personal data is stored in the European Economic Area. Where a processor outside the EEA is used, the transfer is covered by Standard Contractual Clauses, listed in the subprocessor annex (DAT-02).
3. What we process, why and on what basis
| Data class | Purpose | Legal basis (GDPR) | Retention trigger |
|---|---|---|---|
| Contact and enquiry details (name, email, message) | Answer your enquiry and manage a related request | Art. 6(1)(b) pre-contractual steps; Art. 6(1)(f) for business contacts | Closed enquiry: deleted no later than 12 months after the last interaction (C16.2) |
| Account data (name, email, password hash, role, tenant, locale) | Create and secure your account; show you your reservations and orders | Art. 6(1)(b) | Life of the account + 90 days (C16.1) |
| Reservation and order data (restaurant, slot, party size, dishes, total, status, acceptance event) | Transmit your request to the restaurant, show the restaurant's acceptance, send the durable confirmation, handle cancellation and complaints | Art. 6(1)(b) | Life of the account + 90 days; order and invoice records 6 years (C16.1) |
| Dietary and allergen information you enter for a meal | Transmit it unaltered to the restaurant for that meal only (C27.4) | Art. 9(2)(a) explicit consent given by the separate control on the order form; Art. 6(1)(b) for the transmission | Deleted from the Operator's platform record no later than 90 days after the meal date; the restaurant's own retention applies to its copy |
| Payment data (PSP token, last four digits, amount, payee, refund) | Process payment through the payment service provider named at checkout; refunds; fraud prevention | Art. 6(1)(b); Art. 6(1)(c) for accounting | 6 years (accounting) |
| Acceptance records (document id, version, hash, time, method, IP hash, user-agent hash) | Prove which terms you accepted and when | Art. 6(1)(c) and 6(1)(f) (evidence of compliance) | 5 years after the end of the relationship (C16.1) |
| Assistant conversations and session briefs | Provide the assistant feature you use in the session | Art. 6(1)(b) | No later than 12 months after the last interaction (C16.2); session briefs expire with the session unless you save a preference |
| Security and audit logs | Prevent abuse, investigate incidents, meet audit obligations | Art. 6(1)(f) | 12 months, longer only under legal hold |
| Optional marketing email | Send you Gustix news and offers | Art. 6(1)(a) consent (marketing_email), separate unticked checkbox | Until you withdraw |
| Optional analytics | Measure how the site is used | Art. 6(1)(a) consent (analytics_optional) via the cookie banner | Until you withdraw; see Cookies notice |
3.1 Mandatory and optional fields are marked on every form. Accepting terms is not consent to optional processing; each optional purpose has its own control and its own withdrawal route in your account settings.
3.2 The Operator does not use your dietary, allergen or accessibility information for ranking, advertising, profiling or any purpose other than the meal you requested.
4. Recipients
4.1 The restaurant you choose receives your name, contact details, slot, party size, dishes and the dietary information you entered, for the reservation or order only.
4.2 Processors acting for the Operator: hosting, authentication, transactional email, payment service provider, maps and the AI model provider used by the assistant. The current list, each provider's function and location, and the transfer instrument where applicable are published in the subprocessor annex at /ja/legal/subprocessors (DAT-02 schedule). The Operator notifies changes to that list at least 30 days before a new processor receives personal data.
4.3 Authorities where required by law, and professional advisers under confidentiality.
4.4 No personal data is sold. No full personal-assistant memory from another service is imported into Gustix.
5. Automated assistance
5.1 The Gustix assistant is an AI system and is labelled as such at the start of every interaction. It helps you search, compare and draft a reservation or order; it does not confirm a reservation, accept an order, or decide anything with legal effect for you. The restaurant's acceptance is always a separate, shown event. You may request human review at support@gustix.net (AI and Identity Use Policy, ACC-02).
6. Your rights
6.1 You may request access, rectification, erasure, restriction, portability and object to processing, and withdraw any consent at any time with effect for the future, at privacy@gustix.net or /ja/legal/privacy-rights. The Operator verifies identity proportionately (normally by confirming the account email) and answers within one month, extendable by two further months for complex requests with notice of the reason.
6.2 Erasure may be limited where the Operator must keep order, invoice or acceptance records for the periods in clause 3; the Operator tells you the scope and duration of any limitation.
6.3 You may lodge a complaint with the Agencia Española de Protección de Datos (www.aepd.es) or the supervisory authority of your habitual residence.
7. Retention
7.1 Account data is kept for the life of the account and deleted or anonymised within 90 days after closure, except where a longer period is required by law (tax and accounting records: 6 years; acceptance and consent records: 5 years after the end of the relationship, as evidence of compliance; records subject to a legal hold: until the hold ends).
7.2 Conversation logs, recordings and uploads not linked to an active contract are deleted no later than 12 months after the last interaction, and earlier on your request, unless a legal hold applies.
7.3 Backups are rotated on a cycle not exceeding 35 days; data deleted from production is removed from backups at the end of the cycle.
7.4 Where a restaurant is an independent controller, its own retention rules apply to its records.
8. Changes to this notice
8.1 The Operator may amend this notice for legitimate reasons: changes in law, in the service, in security or fraud prevention, in the payment provider, or to clarify wording. The Operator notifies you of material changes by email and in-product at least 30 days before they take effect (immediately where required by law or security).
8.2 A later version does not broaden an earlier consent; a new purpose or recipient is enabled only after notice and, where consent is the basis, your separate consent.
8.3