Last updated: May 4, 2023

1. Application

This Privacy Policy provides relevant information about the processing of personal data carried out through the Catcher Marketplace platform (hereinafter, the “Platform”) operated by Catcher Marketplace, S.L. (hereinafter, “Catcher”) via the website www.catcher.delivery (hereinafter, the “Website”) and the Catcher Driver mobile application (hereinafter, the “App”). Users of the Platform (both data subjects and people involved in processing) are advised to read it carefully before accepting it. If you have any questions about this Privacy Policy, you can contact us at [email protected]

When registering on the Platform, restaurants or shops (hereinafter, the “Pitcher”) and couriers or drivers (hereinafter, the “Repartidor”) must read and accept this Privacy Policy. If they do not agree with it, Pitchers and Repartidores must refrain from registering.

2. Who is the data controller

The controller of the personal data of Pitchers and Repartidores collected through the Platform under this Privacy Policy (hereinafter, the “Data Controller”) is Catcher, whose address is Calle Alfonso XI, 3, 28014, Madrid.

Catcher will not be the controller of the personal data of end consumers provided by Pitchers, for which Catcher acts as a processor as indicated in section 3.2.3.

3. Data collected, purpose of processing, and legal basis

3.1. Processing of Pitchers’ personal data
3.1.1. Types of personal data collected for the provision of Catcher’s services via the Platform

Registration data: to use the Platform, Pitchers must provide the following personal data in the “Register my business” form: first and last name, email address, phone number, business type, venue name, number of venues, and monthly number of orders.

Administrative management data: in addition to registration data, Pitchers must provide information for administrative management such as the contact person for the Pitcher’s profile.

Payment information: when the Pitcher registers on the Platform, they must add a payment method linked to their Platform account. When adding the Payment Method, the Platform will ask the Pitcher to provide either to Catcher or to third-party payment processors (the “Payment Service Providers”) certain billing information, including: (i) name, (ii) billing address, and (iii) details of the financial instrument used. The Pitcher authorizes Catcher and its Payment Service Providers to collect and store information relating to their Payment Method. Payment Methods added by the Pitcher may involve the use of external push-technology payment providers (for example, STRIPE or Revolut) that will also have access to the data.

Service preferences: Pitchers may indicate on the Platform the conditions that Repartidores must meet to perform delivery services (being within a maximum distance from pickup, having a specific type of vehicle, etc.).

Information provided in communications with Catcher: likewise, during service provision Pitchers may provide personal data to resolve any query or complaint about use of the Platform, service provision, delivery incidents, payments, etc.

3.1.2. Purposes of processing and legal basis

The data of Pitchers mentioned above and any other personal data Pitchers may provide during the course of the contractual relationship between the parties will be processed by Catcher for the following purposes:

Purpose: Provide the service, including payment management, management of incidents with the Platform or with orders, handling queries, informing about changes to service conditions, the Platform’s legal texts, etc.
Legal basis: Existence of the contractual relationship and Catcher’s legitimate interest in complying with legal obligations and in proper service provision.

Purpose: Ensure compliance with applicable legislation, respond to possible requests from authorities, detect and investigate possible fraud or user breaches, take legal action, etc.
Legal basis: Catcher’s legitimate interest in complying with legal obligations and in ensuring user safety and protection.

Purpose: Carry out marketing activities and manage the sending of commercial communications.
Legal basis: Pitchers’ consent to receive commercial communications.

Purpose: Statistical and research purposes
Legal basis: Catcher processes statistical and research data under its legitimate interest in understanding how Pitchers interact on the Platform.

3.1.3. Data processing in the context of Catcher’s service provision

In the context of providing services via the Platform, Catcher, acting as a processor, will access and process personal data of Pitchers’ end customers as necessary for Repartidores to carry out deliveries and for which Pitchers act as controllers. The obligations of each Party in relation to this data processing are regulated in the data access agreement included in the Platform Terms and Conditions for Pitchers.

3.2. Processing of Repartidores’ personal data

3.2.1. Types of personal data collected for the provision of Catcher’s services via the Platform

Registration data: to use the Platform, Repartidores must provide the following personal data in the sign-up form “Send your details and start invoicing”: first and last name, email address, phone number, National ID (DNI), photos of the ID, city of residence, billing address, certificate of compliance with Social Security obligations, and a bank account holder certificate. Catcher will also use this data to verify Repartidores’ identity and that they are authorized to provide services. To this end, Catcher may request Repartidores to submit updated documentation from time to time.

Payment information: when the Repartidor registers on the Platform, they must add the information required for payment of their services. At account creation, the Platform will ask the Repartidor to provide, either to Catcher or to third-party payment processors (the “Payment Service Providers”), certain billing information, including: (i) DNI/NIE, (ii) bank account holder certificate, and (iii) form 036 or 037 – Self-employed. The Repartidor authorizes Catcher and its Payment Service Providers to collect and store information relating to remuneration for their services, which may involve the use of external push-technology payment providers (for example, STRIPE or Revolut) that will also have access to the data.

Information provided in communications with Catcher: likewise, during service provision Repartidores may provide personal data to resolve any query or complaint about use of the Platform, service provision, delivery incidents, payments, etc.

Geolocation data: Catcher will collect geolocation data to know the Repartidor’s location while providing services to Pitchers. This information is necessary for the Repartidor to provide the service since, without activation, Pitcher listings cannot be filtered by distance and price, nor can notifications of those listings be sent. The Repartidor therefore agrees to be geolocated when using the Catcher app so that distance information can be provided to the Pitcher and to the Platform. This makes it possible to calculate the final service price as parameterized by the Repartidor when setting how much they want to charge per kilometer—a variable amount—in addition to their base fee. Geolocation is also necessary to confirm to the Pitcher the pickup of an order at the specific venue address, and to confirm delivery at the delivery address, thereby justifying completion of a billed service. In addition, the end customer may see the Repartidor’s location via the link the Pitcher will send through the Platform when placing the order. Geolocation will only be carried out in real time and this information will not be stored. Repartidores can only be geolocated when they are providing a service or when they enable it to receive order notifications in their current area.

3.2.2. Purposes of processing and legal basis

The data of Repartidores mentioned above, and any other personal data Repartidores may provide during the course of the contractual relationship between the parties, will be processed by Catcher for the following purposes:

Purpose: Provide the service, including payment management, management of incidents with the Platform or with orders, handling queries, informing about changes to service conditions, the Platform’s legal texts, etc.
Legal basis: Existence of the contractual relationship and Catcher’s legitimate interest in complying with legal obligations and in proper service provision.

Purpose: Ensure compliance with applicable legislation, respond to possible requests from authorities, detect and investigate possible fraud or user breaches, take legal action, etc.
Legal basis: Catcher’s legitimate interest in complying with legal obligations and in ensuring user safety and protection.

Purpose: Geolocate Repartidores to manage deliveries and to handle potential delays or incidents in the transport of orders.
Legal basis: Repartidores’ consent / The data are necessary for proper service provision and price calculation.

Purpose: Carry out marketing activities and manage the sending of commercial communications.
Legal basis: Repartidores’ consent to receive commercial communications.

Purpose: Statistical and research purposes
Legal basis: Catcher processes statistical and research data under its legitimate interest in understanding how Repartidores interact on the Platform.

4. How we share information

In the context of providing services, Catcher may share the personal data of Pitchers and Repartidores exclusively for the purposes indicated in the previous section with the following recipients:

Third parties that provide services to Catcher or to Pitchers to the extent necessary for the provision of services through the Platform. For example, Payment Service Providers.

Law enforcement authorities, government bodies, courts, etc., where such disclosure is in accordance with applicable regulations.

Potential investors, sellers, or buyers in the context of corporate transactions of any nature, including but not limited to merger, demerger, transfer of assets and liabilities as a whole, contribution or transfer of a business or business unit, or any corporate restructuring transaction of a similar nature contemplated by commercial law. Data subjects consent to the disclosure and making available of their data to such third parties (who will act as the new data controller).

Group companies.

Pitchers also accept that their information may be accessible to registered Repartidores and vice versa for the purpose of offering, contracting, and managing the delivery of orders.

Pitchers will act as controllers of the personal data (identification or contact data or those provided for the performance of the service) that Repartidores may share with them through the Platform, and undertake to use them in accordance with applicable regulations. The Pitcher may not contact the Repartidor beyond what is necessary to obtain information about service performance or to answer questions.

Repartidores will act as controllers of the personal data that Pitchers may provide to them through the Platform about the end customer, and undertake to use them in accordance with applicable regulations and strictly for the provision of services to Pitchers, i.e., for delivery of the order; any other processing is excluded. The data must be deleted after the service.

Catcher assumes no responsibility for the processing of personal data carried out by Pitchers and Repartidores.

5. Rights of data subjects

Data subjects may exercise the following rights in relation to personal data processed by Catcher as Data Controller. Although some of these rights apply generally, others only apply in specific circumstances.

5.1. Access and data portability

Data subjects have the right to request certain copies of their personal data held by Catcher. In certain cases, they may also request copies of the personal data they have provided in a structured, commonly used, machine-readable format, or ask us to transmit them to another service provider (to the extent technically feasible).

5.2. Rectification

Data subjects have the right to ask Catcher to correct inaccurate or incomplete personal data concerning them (and which they cannot modify in their Catcher account).

5.3. Erasure of data

In general, Catcher will retain personal data for as long as necessary for the performance of the contract concluded between the data subject and Catcher, and to comply with legal obligations, to the extent permitted by applicable regulations.

Subject to certain limitations and restrictions, data subjects have the right to ask Catcher to delete their personal data. When requested, please note:

Catcher may retain some personal data to the extent necessary for its legitimate business interests, such as preventing money laundering, detecting and preventing fraud, and improving security. For example, if Catcher suspends an account for fraud or security reasons, it may retain information from that account to prevent that User from opening another in the future.

Catcher may retain and use personal data to the extent necessary to comply with its legal obligations. For example, Catcher may retain data in compliance with its tax, legal reporting, and audit obligations.

Information that data subjects have shared with others (for example, reviews or forum posts) will remain publicly available on Catcher, even after their account has been canceled. However, such information will no longer be linked to the data subject.

Some copies of information about data subjects (e.g., data logs) may remain in Catcher’s database, although they will be stripped of personally identifying information.

Because we ensure Catcher is protected from information loss or accidental or malicious destruction, it is possible that for a limited period of time your personal data may not be deleted from Catcher’s backup systems.

5.4. Withdrawal of consent

If Catcher is processing personal data based on the data subject’s consent, the data subject may withdraw it at any time by changing their account settings or sending a communication to Catcher specifying the consent they wish to withdraw. The data subject should note that this action does not affect the lawfulness of processing activities carried out prior to such withdrawal on the basis of their consent.

5.5. Restriction of processing

Data subjects have the right to restrict how Catcher uses their personal data, particularly in cases where: (i) they contest its accuracy; (ii) the processing is unlawful and the data subject opposes deletion of their personal data; (iii) Catcher no longer needs the data for processing purposes but the data subject requests it to initiate, exercise, or defend legal claims; or (iv) the data subject has objected to processing under Article 5.6 (below), in which case it will be verified whether Catcher has compelling grounds that override those of the data subject.

5.6. Objection to processing

Data subjects have the right to object to the processing of their personal data on grounds relating to their particular situation where such processing is for direct marketing purposes or for a purpose based on legitimate or public interest. Where the data subject exercises the right to object on the basis of public or legitimate interest, Catcher will stop processing their personal data for such purposes unless it can demonstrate compelling grounds for the processing or unless it is necessary to initiate, exercise, or defend legal claims.

Where the personal data of data subjects is processed for direct marketing purposes, they may at any time ask Catcher to stop such processing by sending an email to [email protected]

5.7. Lodging complaints

Data subjects have the right to lodge a complaint about Catcher’s data processing activities with the relevant authority, in this case the Spanish Data Protection Agency (Agencia Española de Protección de Datos).

6. Obligations of Pitchers and Repartidores

Catcher is not responsible for the processing carried out by Pitchers and Repartidores of the personal data they exchange through the Platform.

Pitchers and Repartidores must notify Catcher of any changes to the data they have provided and are in all cases responsible for the lawfulness, truthfulness, and accuracy of the data supplied at all times.

Both Pitchers and Repartidores declare and warrant that they have informed—and, where necessary, obtained the consent of—the data subjects whose personal data they provide through the Platform.

7. Personal data retention periods

Personal data will be retained for as long as necessary or permitted depending on the purposes for which it was obtained and in accordance with applicable law. The criteria used to determine retention periods are as follows:

The period during which there is an active contractual relationship and Catcher provides the services (for example, while you have an account or continue using the Platform);

Whether there is a legal obligation to retain data (for example, certain laws require keeping transaction records for a specific period before they may be deleted); and/or

Whether retention is advisable in light of the legal situation (for example, considering applicable limitation periods, lawsuits, or regulatory investigations).

In particular, registration data of Pitchers and Repartidores will be kept for the duration of the contractual relationship and will be deleted six (6) months after it ends. On the other hand, data relating to claims filed with Catcher will be kept for six months.

8. Changes to this Privacy Policy

Catcher may update this Privacy Policy in the future due to legal requirements or changes to the Platform or to service provision. Catcher will notify data subjects in advance in the event of material changes or modifications to the Privacy Policy by email or by any other means that ensures receipt