We, Beflowing Ltd., trading as Kale&Crumble (“we” or “us” or “our”) are committed to ensuring that your privacy is respected and protected. In compliance with applicable laws and regulations, including the Data Protection Act (Cap. 586 of the Laws of Malta) and the General Data Protection Regulation (“GDPR”), this Privacy Policy sets out the manner in which we may collect and use personal information about you. 

Kindly read this Privacy Policy in conjunction with our website’s terms and conditions.

1. WHAT INFORMATION WE COLLECT 

This Privacy Policy applies to the collection and use of personal data which is any type of information that would enable us to identify you. Such information includes your name, address, date of birth, phone number, email-address, social media profile, and device information. 

2. WHEN WE COLLECT PERSONAL INFORMATION

Information provided voluntarily

Personal Information may be given to us voluntarily by yourself throughout the course of using our services, such as by filling in any forms on our website or by liaising with us via phone, email, in our restaurant or otherwise. 

Information collected automatically

Personal Information may also be given to us automatically through devices which you use to access our products and services, including our website kaleandcrumble.com, and through the use of Wi-Fi provided in our restaurant. 

Upon visiting our website or using the Wi-Fi service, the following information may be automatically collected by us:

• Information on the Internet Protocol (IP) address which you use to connect your device to the Internet, the type of browser you use and its version, date and time zone setting, browser plug-in types and versions, and operating system and platform. 
• Information about your visit to our website, including the Uniform Resource Locator (URL), clickstreams, download errors, pages visited and lengths of visits, and page interaction information. 
• Information about your device, such as the type of device, device settings and geo-location data. 

Please note that, from time to time, our website may contain links to/from external websites which are not operated or owned by us and which could be, for example, operated by our advertisers or affiliates. These external websites have their own privacy policies, and we do not accept any responsibility or liability for these policies.  

Information received from other sources and/or third parties

Personal Information may also be received by us if you use any other websites we operate or if you use any other services we provide. In such case, you will be informed upon the collection of that data if we plan to share the data internally and combine it with the data collected on this site. We will also share with you the purpose for which we will be combining your data. 

In the event that we receive any personal information about you from a third party, such personal information will be protected in accordance with this Privacy Policy. 

Photographs and Videos

Please note that, as part of our brand marketing activities, we may occasionally take photographs or film our guests during their visits to our restaurant. In these cases, we will display a prominent sign in our restaurant to inform the guests about the filming activities, and we will also obtain the consent of each and every guest.  

3. COOKIES

Our website uses cookies to collect information about how our website is used. Cookies are small text documents which are stored on your device and which may transmit information such as the date and time of visits to our website, and the time spent on our website. Cookies allow us to collect feedback which we can then use to improve our website and serve our customers better. 

Please note that it is possible to refuse to accept cookies by activating the appropriate setting on your browser. In such case, however, you may not be able to access all sections of our website. 

If you require more information on the use of cookies, please refer to our Cookie Policy. 

4. WHY WE COLLECT YOUR PERSONAL INFORMATION

In terms of GDPR, we are a Data Controller. This means that we will process your personal information for our own purposes rather than on behalf of other organizations or third parties. 

Your personal data will only be processed for lawful grounds and for specific purposes. When such purposes necessitate the processing of personal information, such information will be processed lawfully, fairly, and transparently. 

Typically, your personal information will be processed on the basis of one (or more) of the following legal grounds:

• Consent (e.g. if you expressly provide us with your consent to film/take photographs for marketing purposes). Your consent may be withdrawn at any time, but this will not have any impact on the processing of personal information which would have already occurred when your consent is withdrawn. 
• Performance of a contract or an agreement with you (e.g., entry in a competition). 
• Necessary for our legitimate interests (e.g. CCTV on our premises, research and development, marketing, and improvement). 
• Necessary to comply with a legal obligation (e.g., if we are requested by an authority, such as the courts, to provide your personal information). 

We invite you to contact us should you require the details about the legal ground(s) on the basis of which we process your personal data. You may reach out to us using the details set out in the “Contact Us” section below.

5. HOW WE USE YOUR PEaRSONAL INFORMATION

Your personal information will be used in connection with the specific purpose for which it was collected. 

Personal information which we collect about you will be used for the following purposes:

• To fulfil a request made by you and provide you with information about our products and services;
• To validate any discounts;
• To communicate with you;
• To deliver our products to you;
• To notify you about any changes to our services;
• To measure the effectiveness of advertising and for market research/business development purposes;
• To ensure that the content on our website is presented in the most effective manner;
• To provide you with information about goods or services we feel may interest you (if you have consented to us contacting you for marketing or promotional purposes);
• For internal operations such as troubleshooting, data analysis, testing, research, statistical and survey purposes;
• To allow you to participate and use interactive features of our service (if you choose to do so);
• For administrative purposes (such as record keeping);
• To organize competitions and offer benefits to you;
• To keep our website safe and secure;
• To assess an application for employment;
• In the case of photography and video recordings, for use on social media and in our marketing materials (only if your consent is expressly obtained); 
• To comply with legal obligations.

6. HOW WE SHARE YOUR PERSONAL INFORMATION

Your personal data may be disclosed by us to any member of our group, which means our subsidiaries, parent, ultimate holding company and its subsidiaries.  It may also be disclosed to our employees.

Your personal data may also be disclosed to selected third-parties, such as:

• Our existing or potential business partners, suppliers and sub-contractors for the performance of any contract we enter into with them;
•  Advertising and advertising networks, sponsors, agents or promoters;
• A prospective buyer of our business and/or assets;
• Courts, regulatory authorities and law enforcement agencies if we are under a duty to disclose or share your personal information to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements, or to protect our rights and/or the rights, property or safety of our customers. 

If our business changes hands through expansion or reduction or through the sale and/or the transfer of assets or control of all or part of our business, the personal information we hold about you will be included (where relevant to the part of the business being transferred) in such transfer. The new owner or the newly-controlling party will, nonetheless, be permitted to make use of your personal information only for the purposes for which it was originally collected by us and in line with this Privacy Policy. 

7. HOW WE SECURE YOUR PERSONAL INFORMATION

Keeping your personal information secure is of great importance to us. This is why we have put in place suitable and appropriate procedures and technical security measures to safeguard and secure, as much as practicably and feasibly possible, your personal information against unauthorized use, including theft, loss, processing, disclosure, or alteration. 

The transmission of information over the internet is, however, never completely secure. As such, we are unfortunately unable to guarantee the security of any of your data which is transmitted to our website; any transmission is at your own risk and responsibility. From our end, we will strive and do our utmost to ensure that your personal information is safeguarded and protected. 

8. TRANSFERRING INFORMATION OUTSIDE THE EEA

In the event that any transfer of personal information outside of the EEA occurs, such transfer of personal information will be subject to all appropriate legal and technical safeguards. 

9. HOW WE STORE YOUR PERSONAL INFORMATION

Your personal information will be stored in line with the GDPR and will never be retained for longer than is necessary. 

Your personal information will only be retained on the basis of necessity depending on the purpose or purposes for which your personal information has been collected by us. The retention period for personal information will therefore vary as this will be determined by the type of personal information held and the purpose for which such information is being stored. We may also keep your personal information to comply with any legal or reporting obligations we may be subject to, or for any scientific/historical/research purposes. 

10. YOUR RIGHTS

In terms of GDPR and other applicable legislation, you are entitled to submit to us certain requests in relation to the personal information that we collect and hold about you. Should you wish to submit any of these requests, please contact using the details set out in the “Contact Us” section below. 

Your rights are the following:

• The right of access  – you have the right to submit a “Subject Access Request” which would entitle you to access the personal information we have collected and which we hold about you. In legally permissible circumstances, such a request may be refused, in which case we will inform you about our reasons for the refusal. 

• To right of rectification – you have the right to request a correction of any personal information about you which may be outdated, inaccurate, incomplete, misleading, or irrelevant. 

• The right to object – you have the right to request us to not process any of your personal information for marketing purposes or for a legitimate interest/public interest. In such case, we will only be able to continue processing your personal data if there are, and we provide you with, legitimate grounds which override your own interests and rights. 

• The right to restrict processing  – you have the right to request us to suspend the processing of your personal information if: (i) you believe that our use of the data is unlawful; or (ii) you have objected to our use of your data and we are in the process of verifying whether we have overriding legitimate reasons to use it; or (iii) if you want us to retain your data even if we no longer require it as you need such data to establish, exercise or defend a legal claim. 

• The right to erasure – you have the right to request the deletion or removal of your personal information if we no longer have any grounds for processing the same or if you have successfully exercised your right to object.  Please note, however, that there may be specific legal reasons which would preclude us from erasing your personal information, such as if we are under a legal obligation to process your personal information or in connection with a legal claim. 

• The right to transfer – you have the right to request a transfer of your personal information to you or to a chosen third party, in which case we will provide the information in a commonly-used, easily-readable machine format. 

• The right to withdraw consent  – if we are relying on your consent to process your personal information (for example, in relation to marketing), you have the right to withdraw your consent at any time. You have the right to opt-out and unsubscribe at any time. Please note, however, that consent withdrawal will not affect any prior lawful processing undertaken before your consent has been withdrawn, and that if your consent is withdrawn, we may be precluded from providing certain products or services to you. If the withdrawal will affect the provision of products or services to you, we will inform you accordingly at the time of the withdrawal of the consent. 

You have a right to complain to us or to a regulatory body or data protection authority if you believe that we have breached any data protection laws and/or regulations vis-à-vis your personal information. If the complaint is submitted directly to us, we will ensure that this is dealt with it in a proper and appropriate manner and to give it our full attention. If you exercise any of the above-mentioned rights, including the right to complain, we will in no way discriminate against you. 

11. CHILDREN

Our websites are not designed to target children under the age of 16. If you are under 16 years of age, your parent or legal guardian’s consent will be required to enable us to process your personal information for a specific purpose.

12. MODIFICATIONS TO OUR PRIVACY POLICY 

From time to time, we may amend this Privacy Policy in our discretion or if we are legally required to do so.

This Privacy Policy was last updated on 24th May 2023. 

Please check back to see any updates or changes to our Privacy Policy. 

13. HOW TO CONTACT US

Any comments, questions and requests regarding this Privacy Policy are welcomed. Please do not hesitate to contact us. 

Email us at: info@kaleandcrumble.com

Call us on: +356 9999 6566.

Or write to us at: Pyketree Business Centre, Industry Street, Zone 5, Central Business District, Santa Venera CBD 5030 

Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact the Office of the Information and Data Protection Commissioner.