Terms of Service, Privacy, and Data Protection
‍Effective Date: 19 August 2026
Last Updated: 19 August 2026
‍1. Who We Are Montclair Chef is a trading name of Servicio Exclusivo Montclair Chef SL, a company registered in Spain, NIF B56563059, headquartered in Palma de Mallorca, Spain. We operate www.montclairchef.com, a global introduction service connecting professional chefs with private households, family offices, private estates, and hospitality clients. We operate internationally, with a primary focus on the United States, the United Kingdom, and Europe, including Switzerland and Monaco.We act as a data controller when processing your personal information, in accordance with applicable laws including:General Data Protection Regulation (GDPR, EU and UK)Spanish Organic Law 3/2018 (LOPDGDD)UK Data Protection Act 2018 and the UK Data (Use and Access) Act 2025Swiss Federal Act on Data Protection (FADP)California Consumer Privacy Act (CCPA/CPRA) and other applicable US state privacy laws, where they apply to usEU AI Act (Regulation 2024/1689), where applicable to our use of AI-assisted tools
‍2. Acceptance of These Terms By accessing or using this website, submitting an application, registration, or inquiry, or ticking a box that references these terms, you accept and agree to be bound by them. If you do not agree, do not use this website or our services.
‍3. Our Commitment We are committed to providing equal opportunity introductions without unlawful discrimination, complying with the laws of the jurisdictions in which we operate, protecting your personal data, and using it only for legitimate business purposes. We do not sell your personal data to marketers or unrelated third parties.
‍4. Our Role: Introduction Service Only Montclair Chef is an introduction service only. We are never the employer of any candidate introduced through our service, and we are not a party to any employment contract or engagement between a client and a candidate.We do not:Employ, contract, supervise, or direct the work of any candidateSet or negotiate wages, salary, benefits, working hours, or any other terms of engagementPay candidates, at any time, for any reasonProvide insurance coverage for candidatesGuarantee the future performance, conduct, behavior, or suitability of any candidate after introductionAll terms of the working relationship, including compensation, are discussed, negotiated, and agreed directly between the client and the candidate. The client is solely responsible for the final hiring decision; all employment or engagement terms, contracts, pay, and benefits; compliance with all applicable employment, tax, immigration, labor, and workplace laws in their jurisdiction; workplace safety and supervision during the engagement; and any obligations arising from the employment or contracting relationship. We are not an employer, joint employer, co-employer, staffing agency, or professional employer organisation in respect of any candidate.We present candidates whom, in our professional judgment and based on the information available at the time of introduction, we consider suitable for the role as described. We use reasonable efforts. We may nonetheless miss information or present a candidate who later proves to be a poor fit. The final hiring decision rests entirely with the client, following the client's own due diligence, interviews, trials, and reference checks.
‍5. Vetting, Background Checks, and Limits of Verification What we do: we carry out reference verification, employment history review, and a video interview with candidates, using reasonable efforts. We do not guarantee the authenticity of any document, the accuracy of any statement made by a candidate or their references, or any candidate's future conduct, performance, or suitability.What we do not do: we do not conduct, arrange, order, pay for, receive, or store background checks, criminal record checks, credit checks, or any similar screening reports. Where a client requires such checks, the client orders and receives them directly from a screening provider of the client's choice, with the candidate's consent where required by law. The client is solely responsible for compliance with all laws governing such checks, including, for clients in the United States, the Fair Credit Reporting Act.Candidates are solely responsible for the accuracy, validity, authenticity, and legal compliance of all documents, certificates, qualifications, identity papers, work authorization documents, and information they provide. We are not liable for any false, misleading, incomplete, or invalid documentation, references, or information provided by a candidate, nor for any consequences arising from such inaccuracies.Past behavior is not a guarantee of future behavior. A candidate who passed all checks at the time of introduction may behave differently in a future household. Clients are advised to conduct their own ongoing due diligence and supervision, and to put NDAs and any other appropriate contractual protections in place directly with the candidate where confidentiality is a concern. The contracting and enforcement of any such agreement is solely between client and candidate.
‍6. Candidate Status, Service Provider Agreement, and Insurance Before any introduction, candidates must accept our Service Provider Agreement. Under it, each candidate confirms that they act as a self-employed independent professional, or that they will be engaged and employed directly by the client, and that Montclair Chef is not, and will never be, their employer.Candidates acting on a self-employed basis must hold their own professional liability insurance, personal insurance, and any other coverage appropriate to their work, at their own cost. Montclair Chef does not provide, arrange, or guarantee any form of insurance for candidates, does not pay candidates, and is not responsible for the performance of any engagement between a candidate and a client.
‍7. Information We Collect From candidates: name, contact details, address; CV, work history, references, menus, food photos; professional portfolio materials such as photographs of dishes, menus, work samples, and other creative content submitted as part of an application; links to professional or relevant social media profiles you choose to share (we will not access private accounts or private content without your permission); job preferences, availability, salary expectations; previous applications, used to send relevant job alerts or newsletters. By providing portfolio materials, photographs, or social media links, you confirm you have the right to share them and you grant Montclair Chef permission to present them to potential employers or clients for recruitment purposes.We do not collect, receive, or store background check reports, criminal record data, or credit information about candidates. See Section 5.From clients: name, business name, and contact details; job descriptions, hiring requirements, and candidate feedback; contract and invoicing details; information about household members where relevant to the introduction (see Section 7.1).From all users: IP address (anonymised where possible); location, browser, and device type; pages visited and time spent on our website; cookies and tracking pixels.Financial information: payment details for agency services and transaction records.
‍7.1 Information About Minor Family Members We do not knowingly collect personal data directly from individuals under 18 years old. Where clients share information about minor family members (such as dietary restrictions, allergies, schedules, or preferences) for the purpose of arranging an introduction, that information is processed solely for that purpose under the parent or legal guardian's authority. It is treated with the same confidentiality standards as all client data, is never used for marketing, and is retained only as long as necessary to support the engagement.
‍8. How We Collect Data Website forms and registrations; email or phone communications; job applications or postings; cookies, tracking pixels, and analytics tools; our Applicant Tracking System (ATS).
‍9. How We Use Your Data We may use your data to introduce candidates to clients for potential roles; share candidate details with clients only with the candidate's explicit consent; contact candidates and clients regarding applications, roles, and opportunities; send periodic newsletters to candidates with roles that may be relevant based on previous applications; manage contracts, invoicing, and payments; improve our services and website experience; and comply with legal, contractual, and regulatory obligations.
‍9.1 Use of AI-Assisted Tools We may use AI-assisted tools to support the efficiency of our internal operations, such as inquiry processing, scheduling, communications, and data organization. We do not use AI to select, evaluate, rank, score, or make any hiring or candidate-suitability decision. All candidate assessment and selection is conducted by qualified human professionals. Human oversight is maintained for any decision affecting a candidate or client, and no fully automated decision producing legal or similarly significant effects is made about you. You may request more information about our use of AI-assisted tools, or human review where applicable, using the contact details in Section 28.
‍10. Sharing Your Data We may share your data with: clients you have agreed to be introduced to; trusted service providers, including analytics and marketing platforms, email systems, secure cloud storage, accounting software, scheduling tools, applicant tracking systems, and AI-assisted administrative platforms (used for operational efficiency only, never for candidate selection); and legal authorities where required by law. We do not sell your personal data to marketers or unrelated third parties.
‍11. International Data Transfers As a global agency, we may transfer personal data internationally, including to the United States and the United Kingdom. All transfers are subject to appropriate safeguards including, where applicable, EU Standard Contractual Clauses, the UK International Data Transfer Agreement or UK Addendum, Swiss FADP transfer provisions, and adequacy decisions where available.
‍12. Data Retention We retain personal data only as long as necessary. Candidate data is retained while your candidacy or our relationship remains active and is reviewed periodically; if we have had no meaningful contact for 24 months, we delete or anonymise it unless you renew your consent. Contract, invoicing, and financial records are retained for up to 6 years as required by Spanish commercial and tax law. Data relevant to an actual or reasonably anticipated legal claim may be retained until the applicable limitation period expires. You may request deletion at any time (see Section 13).
‍13. Your Rights Depending on your jurisdiction, you may have the right to: access and receive a copy of your data; correct or update inaccurate information; request deletion; restrict or object to certain processing; withdraw consent, including for marketing; request data portability; request human review of, or further information about, any AI-assisted process that affects you; and file a complaint with your data protection authority. In Spain, that authority is the Agencia Española de Protección de Datos (www.aepd.es). To exercise your rights, use the contact details in Section 28.
‍14. Cookies and Tracking We use essential, analytics, and marketing cookies and pixels. Non-essential cookies are set only with your consent, which you can give, refuse, or withdraw through our cookie banner and preferences tool at any time. You can also manage cookies in your browser settings.
‍15. Non-Discrimination Montclair Chef does not unlawfully discriminate on the basis of any legally protected characteristic. Introductions are based on lawful, job-related criteria such as skills, experience, availability, presentation, and the lawful requirements of the role. We do not accept, and will decline to act on, any client requirement that would require unlawful discrimination.
‍16. Job Postings and General Disclaimers Job postings and role descriptions published on our website or communicated by us are summaries provided for information only, based on information supplied by the client. They may be incomplete, may change, and may be suspended or withdrawn by the client at any time without notice. The complete role description and all terms of engagement, including compensation, benefits, hours, and conditions, are defined and confirmed by the client directly with the candidate. Montclair Chef does not set, advise on, or negotiate salary or any other term of engagement, and does not guarantee that any advertised role will be available when you apply.While we aim for accuracy, we are not responsible for errors or outdated information in job postings or candidate profiles. We may not respond to all applications or inquiries due to volume, and submission of an application does not guarantee a response, follow-up, or introduction. We are not liable for any agreements, disputes, losses, damages, or outcomes arising between clients and candidates introduced through our service. We do not warrant the performance, conduct, qualifications, or suitability of any candidate or client, at the time of introduction or at any time thereafter. All parties are responsible for their own due diligence before entering any employment or contractual relationship, and for ongoing supervision and management during it.
‍17. No Warranties THE WEBSITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONTCLAIR CHEF DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE PERFORMANCE, CONDUCT, QUALIFICATIONS, OR SUITABILITY OF ANY CANDIDATE OR CLIENT.
‍18. Assumption of Risk BY USING OUR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT ANY EMPLOYMENT, CONTRACTING, OR WORKING RELATIONSHIP IS ENTERED INTO AT YOUR OWN RISK. Montclair Chef does not guarantee outcomes and accepts no liability for any disputes, losses, damages, injuries, or other issues that may arise between clients and candidates, including issues relating to candidate conduct, performance, behavior, or document authenticity, whether arising at the time of introduction or afterward.
‍19. Indemnity By using our services, you agree to indemnify and hold Montclair Chef harmless from and against any claims, losses, damages, liabilities, costs, or expenses arising out of or relating to your actions, omissions, or breach of applicable laws or these terms.
‍20. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) MONTCLAIR CHEF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE OR SERVICES; (B) OUR TOTAL AGGREGATE LIABILITY TO ANY CANDIDATE OR WEBSITE USER SHALL NOT EXCEED EUR 100 OR, WHERE THAT PARTY HAS PAID FEES TO US, THE TOTAL FEES PAID IN THE 12 MONTHS BEFORE THE CLAIM AROSE, WHICHEVER IS GREATER. Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by our negligence, or for fraud.Clients who engage our introduction services do so under our signed Client Terms & Conditions, which govern that engagement and prevail over this page in the event of any conflict.
‍21. Third-Party Platforms
‍We use third-party software, hosting, and service providers to facilitate our operations. Montclair Chef is not responsible for the performance, availability, or security of these external platforms, nor for any data handling outside our direct control.
‍22. Force Majeure
‍Montclair Chef shall not be liable for any delay or failure to perform its obligations resulting from causes beyond its reasonable control, including natural disasters, pandemics, labour disputes, internet outages, or changes in law or regulation.
‍23. Content Ownership and Use
‍Candidates retain all intellectual property rights in portfolio materials they provide. By submitting such materials, candidates grant Montclair Chef a non-exclusive, royalty-free, worldwide licence to use, display, and share them solely for recruitment-related purposes.
‍24. Dispute Resolution and Governing Law These terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes), are governed by the laws of Spain. The courts of Palma de Mallorca, Spain, have exclusive jurisdiction, except where mandatory consumer protection law gives you the right to bring or defend proceedings in another forum or under other law. To the extent permitted by applicable law: (a) you agree that you may bring claims against Montclair Chef only in your individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding; and (b) any claim arising out of or relating to these terms, the website, or our services must be brought within one year after the claim arose, or be permanently barred.
‍25. Entire Agreement, No Agency, and Severability These terms constitute the entire agreement between you and Montclair Chef regarding your use of this website and, for candidates, our introduction services, and supersede all prior communications on that subject. For clients, the signed Client Terms & Conditions govern the commercial engagement. Nothing in these terms creates any agency, partnership, joint venture, or employment relationship between Montclair Chef and any candidate, client, or user, and there are no third-party beneficiaries to these terms. If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect. Sections 16 through 25 survive any termination of your use of our services.
‍26. Data Security We use secure servers, encryption, restricted access, and PCI-compliant payment processing. If a personal data breach occurs, we will notify the competent supervisory authority within 72 hours where legally required, and affected individuals without undue delay where the breach is likely to result in a high risk to their rights and freedoms.
‍27. Changes to This Policy We review and update this page periodically to reflect changes in our practices, services, and applicable law. The latest version will always be posted on our website, and material changes will be notified where legally required.
‍28. Contact For privacy, data protection, and legal inquiries only, write to: info (at) montclairchef.com. This address is not for job applications. Chef applications are handled exclusively through the forms on this website; applications sent by email will not be reviewed.
‍29. Aviso Legal En cumplimiento del artículo 10 de la Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico (LSSI-CE), se informa a los usuarios de este sitio web: Titular: Servicio Exclusivo Montclair Chef SL NIF: B56563059 Domicilio social: Carrer de Joan Crespí, [nº3], [07014] Palma de Mallorca, Illes Balears, España Correo electrónico: info (at) montclairchef.com Datos registrales: Inscrita en el Registro Mercantil de Mallorca, Objeto. Este sitio web, www.montclairchef.com, ofrece un servicio de presentación de chefs profesionales a hogares privados, family offices y clientes de hostelería. Servicio Exclusivo Montclair Chef SL actúa exclusivamente como intermediario de presentación y en ningún caso como empleador de los candidatos presentados.Condiciones de uso y protección de datos. El uso de este sitio web y de nuestros servicios se rige por los Términos de Servicio, Privacidad y Protección de Datos publicados en esta misma página, que el usuario declara conocer y aceptar. Candidaturas. Las candidaturas se gestionan exclusivamente a través de los formularios de este sitio web. No se atenderán candidaturas remitidas por correo electrónico.Propiedad intelectual. Los contenidos de este sitio web, incluidos textos, marcas, logotipos y diseño, son titularidad de Servicio Exclusivo Montclair Chef SL o de sus legítimos titulares, quedando prohibida su reproducción no autorizada.