We are committed to protecting your personal data. This privacy policy notice is for the following websites (the Website(s)):

• The Bon Vivant Group - http://thebonvivantgroup.co.uk
• The Devil’s Advocate – http://devilsadvocateedinburgh.co.uk
• The Bon Vivant – http://bonvivantedinburgh.co.uk
• Lady Libertine – https://www.ladylibertine.co.uk
• The Bon Vivant’s Companion – https://bonvivantscompanion.co.uk
• El Cartel – http://www.elcartelmexicana.co.uk
• Luckenbooths - https://luckenboothsedinburgh.co.uk

1 Data Controller

The Data Controller is the organisation or group that collects and uses personal data and has the responsibility for how this data is used or managed.

The Data Controller is Devil’s Advocate Limited and the Registered Office is 9 Advocates Close, Edinburgh, EH1 1ND. Devil’s Advocate Limited is registered in Scotland; company no: SC453919.

We are registered with the ICO under the Data Protection Register, our registration reference is ZA543947

The purpose of this privacy policy is to explain to you how we collect, control, use, process, handle and protect your personal data while browsing or using the Website(s). This includes any information you may provide us with when you sign up to keep in touch with us or take part in any competitions that we might run.

This policy also explains your rights in relation to your personal data under current laws and regulations.

If you do not agree to the following policy you please stop viewing or using the Website(s) and please do not submit any personal information to or through the Website(s).

Policy key definitions:

• “I”, “our”, “us”, or “we” means the business, Devil’s Advocate Limited, trading as The Devil’s Advocate, The Bon Vivant, The Bon Vivant Group, Lady Libertine, The Bon Vivant’s Companion and El Cartel or any one of them.
• “you” or “the user” means the person(s) using the Website(s).
• “GDPR” means General Data Protection Regulation.
• “PECR” means Privacy & Electronic Communications Regulation.
• “ICO” means Information Commissioner’s Office.
• “Cookies” mean small files stored on a user’s computer or device.
• “Personal data” means any information about an individual from which that person can be identified.

2 Personal Data We Collect:

We use different types of personal data about you. The personal data we collect includes (a) information you provides to us; and (b) information we automatically collect or generate. These may include:

• Identity or contact data including name, date of birth, social media handles.
• Contact data including postal addresses, phone numbers and email addresses.
• Usage data including details of your visits to our Website(s).
• Records of correspondence between you and us.
• Marketing and Communications data including your preferences and how and when you would like to receive communications from us.
• Competition entries or submissions.
• Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting and location data, traffic data, web server logs, operating system and platform, and other technology on the devices you use to access our Website(s).
• Unique identifiers associated with your device.
• Cookies on our website. These give you the best possible experience on our Website(s).
• Personal information contained within user generated content (such as blogs and social media postings).
• Photographs or, video or CCTV recordings.

In addition, as you interact with us, we may automatically collect technical data about your devices, browsing patterns and actions using cookies and other similar technologies. You can control the information given to us in your browser settings.

Please note, it is important that the personal data we hold about you is accurate and current. Please keep us informed if personal data we hold about you changes during your relationship with us.

3. Processing of Your Personal Data

We use your personal data to provide a service to you. We do not sell your personal data.

We control and/or process any personal information about you electronically using the following lawful bases:

• Lawful basis: Consent

Where you have given us your consent that we process your personal data, for example where you have given your consent to receive marketing or other information from us.

The reason why we use the basis:

1. We have checked that consent is the most appropriate lawful basis for processing
2. We have made the request for consent prominent and separate from our terms and conditions.
3. We ask people to positively opt in.
4. We use clear, plain language that is easy to understand.
5. We specify why we want the data and what we’re going to do with it in this Policy.
6. We give separate distinct options to consent separately to different purpose and types of processing.
7. We name our organisation and any third-party controllers who will be relying on the consent.
8. We tell individuals they can withdraw their consent.
9. We ensure that individuals can refuse to consent without detriment
10. We avoid making consent a precondition of a service.

• Lawful basis: legitimate interest

We may process your personal data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, this will be the basis upon which we collect information which is necessary for us to understand our markets and consumers and to operate our business effectively. It also includes where we need to comply with a legal or other regulatory obligation or where we need to perform a contract that we are about to enter into, or have entered into with you.

We shall stop processing your personal information if the lawful basis used is no longer relevant. We recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner.

4. How we may use your data

We may use your data in the following ways:

• To provide service and respond to any queries or complaints.
• To send you special offers or discounts and/or to tell you about our products and services.
• To ensure that the content from the Website(s) is presented in the most effective manner for you and the device you use to access it.
• To make and manage bookings through our Website(s).
• For promotional or public relation purposes.
• For maintenance and improvements on our Website(s).

 

5. Why We Need Your Personal Data

We need to process your personal data for a number of different reasons. We also need to retain your personal data for as long as necessary for us to operate our business and comply with legal and regulatory obligations,.

• To perform our contract with you or to enter into a contract with you: we need to process your personal data to fulfil our contract with you.
• To fulfil our legitimate interests or the legitimate interests of a third party: when we process personal data to fulfil our legitimate interests we will use it in a way in which you would reasonably expect and which the law allows. When we are relying on legitimate interests, we will balance our interests against your interests and the privacy impact of the processing on you and we will process your personal data responsibly.
  • Examples of our legitimate interests are: fraud prevention, preventing and investigating crime, analysing the use of our Website(s) and cyber security.
• To comply with legal obligations to which our business is subject: We have to comply with relevant laws in order to provide services and products. We may need to process your personal data in order to comply with these legal obligations. Consent: if we are relying on consent as our legal basis to process your personal data, you have the right to withdraw consent at any time. You can ask us to stop sending you marketing messages at any time by contacting us at [email protected]. We will keep your personal data until you choose to actively unsubscribe or to fulfil the purposes set out in this privacy policy and only for as long as any legal basis continues to apply.

Below is a non-exhaustive list of some of the reasons we need to retain your personal data:

• Ensuring we have relevant information in the event of any queries or complaints.
• To assist with the establishment, exercise or defense of legal claims.

6. How Long We Keep Your Personal Data

We need to keep personal data for different periods of time.

However we will only retain your personal data for as long as necessary to fulfil a legally permitted purpose.

If you chose to opt in to hear from us by subscribing to our mailing list, we will retain your personal data until you actively unsubscribe. We provide an easy method to withdraw your consent (unsubscribe) or manage your preferences/the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences or contact us at [email protected] and ask to be removed from our marketing messages.

However please note, where you unsubscribe from receiving e-mailed marketing communications from us, we will keep a note of your e-mail address to make sure that we do not send you further e-mailed marketing communications in future.

7. Sharing Your Information

We use third party technologies in order to operate our businesses effectively and therefore from time to time your information will be processed through third party software.

However, by law the transferring of personal data can only take place with appropriate safeguards in place, and we would only share personal data with companies able to support these safeguards.

We may transfer personal data to the following businesses to perform certain functions on our behalf:

• The Devil’s Advocate Limited group of companies, including all of its subsidiaries.
• Technology service providers.
• Marketing Service providers
• Online Reservation providers.
• Advisers and Regulators.

For more information on how your data is kept secure by our data processors, please refer to the privacy policy links below.

Third Party	What they do	Privacy Policy
BlackBx	Hosts our public wifi for each venue	https://blackbx.io/company/privacy-policy/
Mailchimp	Email marketing system	https://mailchimp.com/legal/privacy/
Res Diary	Online booking system	https://sales.resdiary.com/privacy-statement/

We will also share your personal data where:

• we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation.
• we become involved in any merger or acquisition or other transaction involving the sale of all or part of our group companies’ business or assets.

We will never share any of your personal data with anybody outside of our group of companies for third party mailing or marketing purposes unless we have your consent to do so.

8. Your Individual Rights

Under the GDPR you have certain rights. You can read more about your details here:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

Data protection laws give you the following rights:

• The right to be informed;
• The right of access;
• The right to rectification;
• The right to erasure
• The right to restrict processing
• The right to data portability
• The right to object; and
• The right not to be subjected to automated decision-making including profiling.

You also have the right to complain to the ICO www.ico.org.uk if you feel there is a problem with the way we are handling your data.

If you wish to exercise any of the rights set out above, or you have any concerns about how we process your information, please e-mail us at [email protected].

You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Data security protection

We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. We take all reasonable steps to ensure that our security methods meet GDPR compliance requirements. However, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your information while it is being transmitted to our site.

Updates

We keep this policy under review. We will show any updates to it on this webpage. We recommend that you check this page regularly to ensure that you have read the most recent version.