Order For Pickup

Order For Pickup

LICENSE AGREEMENT REGARDING THE USE OF THE APPLICATION OF THE PROVIDER BY THE CLIENTS

INDIVIDUAL LICENSE

IMPORTANT!!!: PLEASE READ CAREFULLY THIS AGREEMENT AND ANY REPLACEMENT OR AMENDMENT HEREOF BEFORE DOWNLOADING THE APPLICATION AND/OR ANY UPDATE THEREOF, AS APPLICABLE.


I. This agreement (hereinafter referred to as “the agreement”) is a mandatory, legal and valid agreement between the Provider (hereinafter referred to as “the Provider” or “we”), having the (contact) details mentioned below at the clause XXXIII, and you (hereinafter referred to as “you” or the “user” or the “client”), as an end user of the Provider’s application (hereinafter referred to as the “application” or “the Provider application“ or the “solution” or “the Provider solution “ or “the software”), that wishes to order and/or buy, through the application, different products and/or services (hereinafter referred to as the “products” and/or “services”) from different suppliers of products and/or services (hereinafter referred to as the “suppliers of products and/or services”) that wish to supply different products and/or services to you and to other different clients.


II. The Provider application also includes, without limitation, online software components available as widgets or plug-ins, web sections available to you through the Provider online platform, application for placing/taking orders and also afferent software packets, dedicated for different types of smartphones, tablets or other terminals (anyone hereinafter referred to as the “terminals”) and also any (subsequent) upgrade, replacement, restoration, update of the application (“the update”) by the Provider. You are the sole responsible for downloading or not downloading any update. This agreement, the terms and conditions of this agreement, also include any replacement and/or amendment thereof by the Provider.


III. By installing and/or downloading and/or by using the application and/or of any update and/or of any parts thereof and/or by pressing the acceptance button and/or by accepting in any way, tacitly or explicitly, of the application, you expressly and unconditionally accept all the terms and conditions of this agreement, including as they will be replaced or amended from time to time, and you undertake yourselves to fully and adequately respect them. If you do not wish to fully and adequately respect the terms and conditions of this agreement, including as they will be replaced or amended from time to time, do not install and/or do not use (any longer) the application and/or any update, as applicable.


IV. The Provider application has as main purpose to allow clients to order and/or to buy products and/or services from the suppliers of products and/or services through the application (e.g. products that should be delivered to the client and/or to be picked-up by the client from the location(s) of the suppliers of products and/or services, depending on the preference of the clients in this sense) and for this purpose to allow the intermediation of the clients’ access to the information (“information”) loaded by the suppliers of products and/or services in relation with the suppliers of products and/or services and their products and/or the services, available on the Provider platform and accessible through the widget (hereinafter referred to as the “widget”) (accessible) from the web site of the suppliers of products and/or services and/or of third parties and/or the Provider’s web site and/or the intermediation for transmitting the information in relation with the (ordering of), (buying of) the products and/or the services from the suppliers of products and/or services to the clients and from the clients to the suppliers of products and/or services through the downloaded application on the smartphones and/or tablets and/or other terminals, as the case may be, as well as any other purposes expressly allowed by the Provider. You do not have the right to use the Provider’s application for other purposes than the above mentioned ones, but only with the express and prior approval of the Provider. You expressly acknowledge and agree that you have the right to use the Provider application only as end user and you are not allowed to use the application for other purposes than those expressly mentioned in this agreement.


V. Under the condition of unconditional, full and adequate acceptance and respect by you of the terms and conditions of this agreement, including as they will be replaced or amended from time to time, the Provider will grant you a limited, nonexclusive and nontransferable right to use the application according to the terms and conditions of this agreement, including as they will be replaced or amended from time to time, and only for the period of time during which you unconditionally, fully and adequately respect the terms and conditions of this agreement, including as they will be replaced or amended from time to time, only until the moment when the present agreement terminates, regardless of the termination reason. The present agreement is valid for a period of 30 days from the moment of downloading/using the application and the validity period will automatically extend for successive periods of 30 days if none of the parties notifies to the other party the termination of the present agreement before expiration of each validity period, without fulfilling any other previous formality. For the communications with you we may use the electronic contact details for electronic mail provided by you when using the aplication. Electronic communications are full means of proof regarding the juridical reports between the parties and the communications between them. 

The application is licensed and not sold to you by the Provider, to be used in compliance with the terms and conditions of this agreement, including as they will be replaced or amended from time to time.


VI. The Provider retains the ownership of/for the Provider’s application, including of/for the widget and reserves all the rights that are not expressly granted to you.


VII. The Provider, at its sole discretion, can provide you with updates. The updates may not include all the existent functions of the application or the newly launched functions in other cases. 

The Provider, at its sole discretion and without your approval, may update, at any time, (including without limitation the case you are using paid solution/part(s) of the solution/functionalities of the solution), including by introducing new functions and/or features and/or modification and/or improvement of some existent functions and/or features, that can be implemented automatically by the Provider. In case you don’t agree with such update you have the right to terminate the present agreement with immediate effect starting with the next month, this being the only remedy applicable in such case.


VIII. The terms and conditions of this agreement, including as they will be replaced or amended from time to time, will govern and will also be fully applicable to any update, except when a certain update is accompanied by a separate agreement in which it will be expressly specified that it is separately applicable for that update, in which case the terms and conditions of that agreement will govern, including as these will be replaced or amended from time to time.


IX. For using the application or certain functions of the application you may need to have created a valid account and to have downloaded the application on a PC and/or on a smartphone and/or on a tablet and/or on another type of terminal. For using the application it may be necessary the use of a PC and/or on a smartphone and/or on a tablet and/or on another type of terminal in order to be able to adequately use the application and to benefit of the available features. It is possible that the application cannot be downloaded and/or used on certain PC and/or smartphones and/or tablets and/or on another type of terminals, in combination with certain operating systems or browsers. You expressly acknowledge and agree that the application is also subject to the terms and conditions imposed by the software platforms through which the application may be downloaded by the user(s).


Without affecting the generality of those mentioned in this agreement, you expressly acknowledge and agree to the fact that:


i) the suppliers of products and/or services are fully and exclusively liable for the information loaded through the application (including on any widget) and also for any information to which you have access and/or for any information that is transmitted to you and/or put at your disposal by the suppliers of products and/or services and the liability of the Provider is excluded in such cases;

ii) the suppliers of products and/or services are fully and exclusively liable for any products and/or services, authorizations and other necessary permits for commercializing the products and/or services, the quality of the products and/or services , the services in relation with the products and/or for the ordering, the selling and supplying of these, the availability and the existence of the products and/or services, for the prices and/or payment of the products and/or services, promotions and/or discounts, supplying the products and/or services to the minors and the liability of the Provider is excluded in such cases;

iii) the Provider may use cookies and may store data and/or information locally on your terminal(s) in the cookies, including enabling an easier interaction with you;

iv) in case of creating of an account on the Provider’s platform and/or by installing the end-user application (Provider’s app) for mobile devices, the Provider may store data and information in the “cloud”, including enabling an easier interaction with you;

v) for supplying of an order you may need a confirmation from the suppliers of products and/or services;

vi) the Provider is not liable in any way in case of modifying and/or withdrawing the orders and/or in case of modifying the products and/or services by the suppliers of products and/or services;

vii) the information, including the one from the widget may totally and/or partially be also in other languages than the English language or than the native language of the clients and the Provider is not liable in any way in such cases and you are liable for understanding the information from the respective Content;

viii) some information shall be sent by the Provider in your name and/or on your behalf and the Provider is not liable in any way in such cases;

ix) you are liable for any information loaded and/or transmitted by you through the application -including on/through any widget- (including the cases when you load any information that were not requested and/or information regarding your bank accounts and/or (credit) cards), and the liability of the Provider is excluded in such cases, without excluding the liability of the suppliers of products and/or services or of the third parties that for example process the payments, in case of improper use of such information;

x) the Provider may offer for your order the possibility to pay online the suppliers of products and/or services, as part of the Solution ordering process. By paying online for your order, you understand that the suppliers of products and/or services are the beneficiary of your payment and you agree that the suppliers of products and/or services and/or the third parties that process the payments may handle and store your credit card details, in full compliance with the PCI regulations, in a secure format and/or in a cloud vault, for easier re-ordering and payment and you also agree that the Provider may use its cookies to ease up the association of your secure format card identifier with the data and/or information stored locally on your terminal(s). 

Consequently refund claims, if any, should be addressed directly to the supplier of products and services which is the responsible beneficiary and ultimate receiver of the respective online payment.

xi) At any time the Provider may introduce features that may impose a payment (remuneration) for using the solution/part(s) of the solution/functionalities of the solution and you can use after this date the solution/part(s) of the solution/functionalities of the solution for which the remuneration was established, as the case may be, only under the condition of accepting and paying the remuneration. 

Except otherwise agreed by the Parties, the payment (remuneration) for using the solution/part(s) of the solution/functionalities of the solution by you may be also as a monthly subscription(s). You agree that the payments can be automatically charged. Except otherwise agreed by the Parties, you agree that there are no refunds but you may terminate the present agreement or the use of the paid solution/part(s) of the solution/functionalities of the solution. Termination is effective starting with the next month.

By installing and/or downloading and/or by using the application and/or any update and/or of any part of these and/or by pressing the accepting button and/or by accepting the application, you expressly and unconditionally agree with the processing, by the Provider and /or the suppliers of products and/or services, of (personal) data and/or other personal data having a function of general applicability for identification, given/provided with the occasion of installing and/or using the application, as the case may be, during the entire period that you are a user of the application, (including) for purposes that permit to the client(s) to order and/or to buy products and/or services from the suppliers of products and/or services through the application ( e.g. products or services that should be delivered to the client and/or to be picked-up by the client from the location(s) of the suppliers of products and/or services, depending on the option of the client) and for this purpose to allow the intermediation of the clients’ access to the information loaded by the suppliers of products and/or services in relation with the suppliers of products and/or services and their products and/or the services, available on the widget (accessible) from the web site of the suppliers of products and/or services and/or of third parties and/or the Provider’s web site and/or the intermediation for transmitting the information in relation with the (ordering of), (buying of) the products and/or the services from the suppliers of products and/or services to the clients and from the clients to the suppliers of products and/or services through the downloaded application on the smartphones and/or tablets and/or other terminals, as the case may be, as well as any other purposes that permit supplying of the services to you and/or for marketing and/or publicity purposes. The refusal to supply some (personal) data may lead to the impossibility of (fully) using the application and/or of some features of the application and/or to the impossibility of ordering and/or buying and/or supplying of the products and/or the services and the Provider is entitled to limit your access to the application.


For the sake of clarity each time you are : i) using a functionality (“functionality”) that may facilitate/imply some services provided by third parties, in relation with ordering and/or buying the products and/or the services from the suppliers of products and/or services, and that is available through the application; and/or ii) ordering and/or buying the products and/or the services from the suppliers of products and/or services that involves services from third parties (e.g. third parties that are delivering your order, billing the order/purchase – POS-es, etc.), you expressly and unconditionally agree that all information you provided once you order/bought products and/or services, shall be sent to such third parties in order to provide their services in relation with such order/purchase and you expressly and unconditionally agree with the processing, by the Provider and /or the suppliers of products and/or services and/or by such third parties, of (personal) data and/or other personal data having a function of general applicability for identification, given/provided with the occasion of ordering and/or buying the products and/or the services from the suppliers of products and/or services, as the case may be, for purposes that allow to order and/or to buy products and/or services from the suppliers of products and/or services and/or that allow to you to use the services of such third parties and/or that allow to such third parties to perform/provide their services in relation with such order/purchase.


X. You agree to the fact that you are not allowed and you agree not to undertake and not to allow any third party, in relation to the application, to copy, decompile, restore, recompile, modify, translate, perform reverse-engineering processes, disassemble, try to derive the source code, perform any tests with the purpose of discovering the source code, decrypt, create any derived products based on the application or perform other similar operations, in relation to the application, in any way and for any purpose, regardless of its nature, without the prior written consent of the Provider.


XI. You agree to use the application in compliance with all the laws in force, including the local laws of the country or region applicable to the present agreement, the ones where you have headquarter/domicile or where you are downloading or using the application and you are the sole responsible in this regard. Without affecting the generality of the foregoing, you must have the minimum legal age to download, install and use the solution according with the applicable legislation but not less than 16 years old.


XII. For the use and access of the application/of certain functions of the application it may be required from your part to use the user name and password combination, registered at the moment of creation /modification of your account. Registrations through any automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup/registration process. You are responsible for maintaining the security of your ordering device, account and password, if any. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 

You must not misrepresent yourself or take on the identity of someone else in order to complete the signup/registration process /while using the solution. 

It is forbidden to give for use in any way, to rent, lease, loan, redistribute and/or sublicense the application.


XIII. You may receive unsolicited communications according with the below Data Processing Policy and solicited communications at your request, and you can also send different communications (including by uploading any content) any such communications containing different content (referred to in this agreement as “the Content”) . To the maximum extent permitted by the law, the Provider may use the email address(es) and/or the phone number(s), provided by you when using the application, if the case may be, for performing solicited and unsolicited communications


XIV. The use of the Content and/or of any products and/or services may require access to the Internet, may require the use of the user name and password combination, may require from you to accept some additional terms and conditions, of certain third parties, and may be the object of additional costs – in such case you will be previously notified for payment details. By receiving the Content you understand that you may encounter content that could be considered offensive, indecent or questionable, content that could or could not have been identified as containing explicit language, and that the results of any searches or accessing any URL addresses may generate automatically and unintentionally links or references to other questionable materials. However, you agree to use the Content and any afferent services and/or products at your own risk and the Provider shall not be considered liable for the Content that could be considered offensive, indecent or questionable. Also, you agree to the fact that the Content may contain links to certain websites of third parties. 

Regarding the Content from third parties, you acknowledge and agree that the Provider cannot be considered liable for the Content or for any part hereof, for the availability and the reliability of the Content, for the examination or the evaluation of the Content, of the accuracy, the integrality, the actuality, the validity, the observance of the copyrights, the legality, the decency, the quality of the Content or of any other aspect of the Content or of any parts of the Content or regarding the website of third parties. The Provider, its representatives and its affiliated or subsidiary companies do not guarantee, do not approve, do not sustain and do not assume liability to you or any other person for any Content of third parties or regarding the website of third parties, or for any other materials, products and/or services of third parties. 

Also, regarding the Content, you acknowledge and agree that under no circumstances should you rely on the Content in case it may lead to death, personal injury or damage to property or to the environment, to any other damages and/or prejudice, regardless of their nature. 

Also, regarding the Content, you agree to the fact that, the Content may include information and materials protected by property rights that are held by the Provider or other third parties, that, the Content may be protected by the laws regarding intellectual property and other laws, including but without limitation to the copyright law. You agree that you will use the Content only in accordance with the modalities expressly permitted, in accordance with this agreement, in accordance with the terms and conditions applicable to the Content, if applicable, as well as in accordance with the legal regulations in force. No part of the Content can be reproduced in any form and by any means. You agree not to give for use, modify, rent, lease, lend, sell, distribute or create derived works based on the Content, in any way and by any means, and that you will not use the Content or the application in any unauthorized way, including but without limitation to the use of the Content and/or the application for transmitting viruses, worms, Trojans or other types of malware or for violating or super-charging the capacity of the network, being fully liable in such cases. 

Also, you agree not to use the Content and/or the application in any way for harassing, abusing, spying, threatening, defaming or for breaching or violating in any way the rights of any other parties, and that the Provider shall not in any way be liable for such uses by you, nor for any harassing, threatening, defaming, offensive, illicit or illegal messages or transmissions that you may receive as a result of the use of any of the Services. 

Moreover, the Content may not be available in certain languages or certain regions. 

Regarding the Content, you acknowledge and agree that the Provider cannot be considered liable for the fact that it will be adequate or available for use in a certain geographic region. To the extent that you choose to use or to access the Content, you will be doing it at your own initiative and you are liable for conformity with any legal regulations in force, including but without limitation to the local legal regulations in force.


The Provider reserves the right to modify, suspend, remove or deactivate the access to any Content and/or limit the use and/or the access to any Content, at any time and without prior notification, and the Provider shall in no way be liable in any such cases. 

The Provider does not have the obligation to keep any kind of information regarding the content. 

To the extent that you are uploading any content through the application, you declare that you own all the rights for the respective Content, that you have an authorization or another type of legal permit to upload it and that the respective content does not infringe any of the conditions of use applicable to the Content and that the respective Content is real, correct and updated. The Provider may permit to you to send Content and for the sake of clarity, the sending of Content to third parties through the application may be done only with express approval of The Provider. You are responsible for all data and Content you post and activity that occurs on your behalf or that originates from your ordering device or account, if any.


XV. To the maximum extent permitted by the legal regulations in force, you acknowledge and agree expressly with the fact that the use of the application and of any content shall be done on your own responsibility and at your own risk and you fully assume the risks regarding the performance, accuracy and quality with regard to the application and/or the Content. 

To the maximum extent permitted by the legal regulations in force, the application and the Content are made available “as is” and “based on availability”, with all the omissions, errors or defects and without any type of warranty and you acknowledge and agree expressly that the Provider does not assume any kind of responsibility and does not grant any kind of warranty regarding the application and/or the Content, either implied or express, legal or not, warranties regarding quality, the method of use, conformity for a certain purpose, peaceful and useful use, warranty for defects, non-infringement of third party rights, the Provider being exonerated of any liability in any such cases. 

You expressly acknowledge and agree that the Provider does not guarantee the fact that the use of the application and of any Content will be free of problems and/or uninterrupted and/or will meet your requirements and/or it will be free of errors and/or the fact that any errors or defects of the application and/or of the Content will be corrected and/or the fact that the application will be compatible and/or will function with any software, hardware and/or applications of third parties and it will not affect in any way the use of any of them. 

You expressly acknowledge and agree that the application and/or the Content are not destined for the use in situations which, regardless of the reasons, may lead to death, personal injury or damage to property or to the environment, to any other damages and/or prejudice, regardless of their nature. 

You expressly acknowledge and agree that no act, regardless of its nature, including any information, action, omission or recommendation from any of the parties will represent any guarantee regarding the application and/or the Content. 

You expressly acknowledge and agree that you will bear all the costs for all the repairs and remedies in case of any errors, omissions or defects of the application and/or the Content. 

You expressly acknowledge and agree with the fact that the Provider doesn’t guarantee and is not liable for any information supplied by the suppliers of products and/or services and/or for their products and/or services (that should be) supplied by these. 

Certain jurisdictions do not allow total exclusion of the guarantees or limitations of the applicable legal rights and in these cases your rights stipulated by the imperative legal regulations are not affected, you benefit from the guarantees stipulated by the imperative legal regulations and the exclusions and the limitations above will not apply in the cases forbidden by the legal regulations in force.


XVI. To the maximum extent permitted by the legal regulations in force, you expressly acknowledge and agree to the fact that, the Provider is not liable for any kind of damages, including direct and/or indirect damages and/or personal injury, resulted from or related to the use of the application and/or of the Content, regardless of the method of use and whether the Provider was warned about the occurrence of such damages or if the possibility of occurrence was reasonably foreseeable. 

Certain jurisdictions do not allow the limitation of liability in certain cases or for certain types of damages and/or injuries and in these cases your rights stipulated by the imperative legal regulations are not affected and the exclusions and the limitations above will not apply in the cases forbidden by the legal regulations in force.


XVII. To the maximum extent permitted by the legal regulations in force, you acknowledge and agree expressly to the fact that you cannot use, export or re-export the application and/or the Content and if by exception you have expressly obtained in this regard you cannot use, export or re-export the application and/or the Content except in compliance with the legislation of the United Stats of America and with the legislation from the jurisdictions where the application and/or the Content was/were obtained and the legislation of the place where it is intended to be imported, exported and/or re-exported and cannot be exported or re-exported in any countries under embargo. By the use of the application you declare and guarantee that you are not in any of these countries nor on any of these lists. Also, you agree that you will not use the application for any purposes forbidden by any legislation, including, without limitation, the development, design, manufacturing, production and/or buying of missiles, nuclear, chemical or biological weapons. 

You may not use the application for any illegal or unauthorized purpose. You must not, in the use of the application, violate any laws in the applicable jurisdiction (including but not limited to copyright laws). You may not use the application for buying pharmaceutical and/or ethno-botanical products or other similar products.


XVIII. The application is licensed to the user representing a Government or another company, authority, institution, association, etc., with the same rights as it is licensed to the other end users, in compliance with this agreement and only as restricted software, without the possibility of use for purposes other than the ones stipulated in this agreement.


XIX. Some parts of the application can use or include software from third parties and other materials protected by copyrights. You expressly acknowledge and agree to the fact that, the licensing conditions and the liability limitations for such software and/or the conditions of use for such software must be observed irrevocably by you in addition to the terms and conditions of this agreement.


The application is protected by the regulations regarding the copyrights and the international treaties in the field. You agree to the fact that you are not allowed and you agree not to undertake and not to allow any third party, in relation to the application, the distribution, the reproduction, the rental, the loan, the communication, broadcasting and retransmission of the application and/or the realization of derived products in relation with the application. The breach of the aforementioned may lead to criminal and/or civil actions and to fines or damages. 

The user has the obligation to defend and indemnify the Provider for and against any claims, complaints and/or lawsuits, resulting from the infringement by the user of intellectual property rights or other protected rights, damages, costs, charges and expenses of any kind, in relation to improper fulfillment by the user of any obligation(s).


XX. Parties agree and declare that they are not in a state of need, that they have the necessary knowledge and experience for understanding and negotiating the present contract and that they have the possibility of hiring consultants for understanding and negotiating the clauses of the present contract and the counter services of each party have been negotiated and reasonably settled, one in consideration of the other, the parties expressly declaring that none of the clauses fulfills the conditions of lesion.


XXI. Parties agree and declare that they assume any exceptional and/or unpredictable changes of the facts intervened after conclusion of the present contract, including without limitation any changes that would make real unjust to obligate any of the party to execute the obligation, as well as any risks referring to these changes and confirm the inexistence of the right of requesting in court for adaptation or termination of the contract in case of unforeseeable.


XXII. Parties agree and declare that the provisions of the contract totally represent the terms applicable to this and that they totally agreed upon essential elements and upon secondary elements, except for the elements expressly mentioned to be later agreed upon.


XXIII. Parties agree and declare that they agree with its terms and conditions, as well as with any other clauses from the agreement’s content that might be considered as unusual.


XXIV. The user is rightfully in delay when completing the term when he should have executed any of the obligation and he did not fulfill it or he improperly fulfilled it.


XXV. The parties to this agreement agree to the fact that any dispute arising out of or in connection with this agreement, including the conclusion, execution or termination, shall be settled by the competent courts from the headquarter of the Provider, excluding the possibility of reference to conflict of laws.


XXVI. In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses, which shall continue to be in force and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.


XXVII. The obligations and/or responsibilities which by their nature extend their applicability after the termination of this agreement shall maintain the validity and shall produce effects, including those outstanding obligations of the contracting parties.


XXVIII. The user is not entitled to assign this agreement and/or to transfer otherwise, in total or in part, any of the rights and/or the obligations arising from this agreement without the prior written consent of the Provider. The user expressly agrees that the Provider can assign this agreement to a third party, will be able to substitute a third party in the relations arisen from the agreement, the assignment producing effects towards the user from the moment the substitution is notified, and starting that moment the Provider is freed from any obligations towards the user.


XXIX. In this agreement the plural shall include the singular and vice-versa.


XXX. A waiver of any right becomes effective only if made in written and signed by both contracting parties.


XXXI. This agreement contains all the understandings between the Parties and supersedes any prior understandings, written or verbal, regarding the subject matter of this agreement and represents the entire agreement between you and the Provider in this regard.


XXXII. This agreement will be construed and governed by the law from the headquarter of the Provider, which is the applicable law in case of any disputes that may occur in relation to this Agreement, excluding the possibility of reference to conflict of laws. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is excluded expressly. 

The Provider is the company GlobalFood Tech S.R.L., J40/8605/2013, also the owner of www.globalfoodsoft.com site, where identification data and other details of the Provider are available and updated from time to time, depending on the Provider’s ability to make closer contact points available for each geographical area.


XXXIII. The version in English language of this agreement will prevail over any other version in any other language, which will be drafted only for the local needs, except for the situation when this is not forbidden by the local regulations from certain jurisdictions.


XXXIV. Any of the parties is entitled to unilaterally terminate this agreement with notice sent to the other party, without any other prior formalities and without the right to compensation for you and the Provider has the right to limit or cease the access to the application. This agreement is rightfully terminated, without putting in delay (which will result from the simple fact of non-execution /inadequate execution), without any other prior formalities and without a judicial or extrajudicial procedure, in case the user inadequately fulfills any of his/her obligations; such termination will have as effect termination/cancellation or suspension of solution usage and related data and account, if any. With the exceptions of the due rights at the termination date, after the termination of this agreement you no longer have any rights resulted from the agreement and you bind yourselves to cease any use of the application. You may cease this license at any time by uninstalling/deleting the application from all of your devices and asking the deletion of your data.


XXXIV. DATA PROCESSING POLICY


1. The identity and the contact data of the Provider and the contact data of the data protection officer


The identity and the contact data of the Provider (also referred to in this section the “Controller”) and the contact data of the data protection officer, can be found below at point 25.

2. Purposes (and related legal basis) of the processing(s)


2.1. The Controller shall process the personal data you provided (eg. Name, surname, (delivery) address, phone no., email address, (geo)location data, data related with the payment card) when downloading/installing and/or using the application of the Provider, as and if the case may be, for any purposes in order to perform the agreement to which you are a party together with the Provider (the “agreement” or “EULA”) and/or to take the steps in order you to conclude a contract with the suppliers of products and/or services with the occasion of any such request expressed by you when using the application.


2.2. Without affecting any other right of the Controller to process the personal data you provided when downloading/installing and/or using the application, as and if the case may be, in any cases where it is necessary in order to perform the agreement to which you are a party together with the Provider and/or to take the steps in order you to conclude a contract with the suppliers of products and/or services with the occasion of any such request expressed by you when using the application and/or in any other cases where it is necessary for the purpose(s) of the legitimate interests pursued by the Controller or by a third party, to the maximum extent permitted by the legal regulations in force, by pressing any (acceptance) button and/or ticking a box, in this sense, and/or of any button for placing an order for (delivery and/or performance and/or picking-up) certain products and/or services and/or through any (other) action that clearly indicates the acceptance by the data subject of the processing of his personal data in this sense, as and if the case may be, you (also referred to in this data processing policy, besides ”you” or the” user” or the “client” and the “data subject”), you express unambiguous consent and you consciously, freely and unequivocal agree, with the processing (data following to be collected, registered, organized, structured, stored, consulted, used and disclosed by transmission) of the (personal) data that you provided when using the application, (eg. Name, surname, (delivery) address, phone no., email address, (geo)location data, data related with the payment card), as and if the case may be, for the purpose of offering and providing you all the functionalities of the application, as the case may be, for the purpose of ordering and/or buying and/or delivering products and/or services from the suppliers of products and/or services and/or in any compatible, related and correlated purposes, including without limitation processing of the payment(s) and/or of the related orders and deliveries and/or for (sending the data for) processing and offering of any related benefits related to the loyalty programs you have signed-up for and/or to which you otherwise participate, in case of the orders performed through a loyalty application, to the maximum extent permitted by the legal regulations in force, but only in case it is not necessary a separate consent in this sense.

Without affecting the generality of the foregoing and for the sake of clarity, the (personal) data you provided when using the application, as and if the case may be, will be processed by the Provider and/or suppliers of products and/or services, for the purposes that allow the client (data subject) to order and/or to buy products and/or services from the suppliers of products and/or services, through the application (including without limitation products to be delivered to an address chosen by the client and/or to be picked-up from the location(s) of the suppliers of products and/or services, and/or services to be provided in a certain location) and/or in order to deliver the products and/or services towards the client, depending on the requests and/or the options of the client (data subject) in this sense and/or in any compatible, related and correlated purposes, including by putting them in a data record system as well as (sending the data for) processing and offering of any related benefits related to the loyalty programs you have signed-up for and/or to which you otherwise participate, in case of the orders performed through a loyalty application, the information about confirmation or reject of the order or about the missed orders, in order to be used in case of any litigation and/or fraud regarding the payments, in order to find the suppliers of products and/or services that are in the area where the data subject is (by using the geo(location) data offered by the data subject, in case the data subject chooses to use such data), to the maximum extent permitted by the legal regulations in force but only in case it is not necessary a separate consent in this sense, and, for such purpose(s) to mainly allow the facilitation/intermediation for transmission of the (personal) data and/or (other) information in relation with (order of and/or) (buying of and/or) (delivery of) products and/or services from the suppliers of products and/or services by the client and/or from the client and/or Provider towards the suppliers of products and/or services, through the application.


2.3. Your electronic contact details provided in the context of selling a product or a service may be used for direct marketing (unsolicited communications) regarding similar products or services. You can always withdraw your consent by accessing the provided link.


2.4. Without affecting the generality of the foregoing and for the sake of clarity, your (electronic contact) data may be used by the Controller and/or the suppliers of products and/or services in order to send you direct marketing communications (unsolicited communications, for products or services that are not similar to those in the context of which you provided your data), as long as you gave your consent for such purpose. You can always withdraw your consent by accessing the provided link.


2.5. The Controller will store and process any of your personal data to the maximum extend and period provided by the mandatory applicable legal regulations in force.


2.6. The Controller will also process your personal data for any other purposes for which you expressed the unambiguous consent.


2.7. Any reference to the processing of the personal data by the suppliers of products and/or services has as a sole purpose the information of the data subject in this sense and is not intended in any way to establish other ways and purposes for processing the personal data than those expressly set out by and for the Controller.


3. Legal basis of the processing

The legal basis of the processing are article 6 paragraph (1) letter (a), (b) and (c), as well as, especially in case of the direct marketing, the letter (f), from the Regulation (EU) 2016/679 of the European Parliament and of the Council, from 27 April 2016 (referred to in this data processing policy the “Regulation” or (“GDPR”), namely:

(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

(c) processing is necessary for compliance with a legal obligation to which the Controller is subject;

........ (f) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party...”.

To the maximum extent permitted by the legal regulations in force, the personal data processing for direct marketing purposes may be performed for a legitimate interest, taking into consideration there is a relevant and adequate relationship between the data subject and the Provider as well as between the data subject and the suppliers of products and/or services, the data subject being/becoming both a client of the Provider and of the suppliers of products and/or services to whom the data subject will order products and/or services. The legitimate interests pursued by the Provider and the suppliers of products and/or services through the direct marketing communications, mainly are the possibility of keeping the client updated with the activity of the Provider and/or the suppliers of products and/or services, as the case may be.


4. Recipients or the category of recipients of the personal data


4.1. The recipients to whom the personal data you provided when using the application will be disclosed and transmitted to the suppliers of products and/or services to whom the data subject will order products and/or services, in order to process the personal data for the purposes mentioned in the art. 3 above, as the case may be.


4.2. Also, the information regarding the accounts and/or your payment cards will be transmitted to the respective parties that are processing the payments, in order to process the payments.


4.3. Aditionaly, the following information, will be transmitted to the following categories of recipients, for the following purposes:


4.3.1. Your details, namely : last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through email messenger operators (at the moment of the present version being Sendgrid Inc. and/or Peaberry Software Inc. d/b/a Customer IO and/or Amazon SES service from Amazon.com Inc.) to the suppliers of products and/or services and back to you, to your email address, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.


4.3.2. If possible, your details, namely : last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through SMS messenger operators (at the moment of the present version being Twilio Inc.) to the suppliers of products and/or services and back to you, by SMS, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.


4.3.3. If you have chosen the online payment method, your contact details, namely: last name, first name, email address, phone number, delivery address (if relevant) provided together with the details of your order, on the electronic way, will be transmitted along with: order session originating IP, card holder name, card expiration date, card number Cvv (if required); which may be directly captured via the API of the relevant payment processors (at the moment of the present version being Spreedly Inc.) in full compliance with the PCI regulations, in order to process the payment to the supplier of products and/or services related to your order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order


4.3.4. As well as, the personal data provided when using the application will be sent in order to be stored by the data storage providers (at the moment of the present version being Amazon)


5. Transfers of personal data to third countries or an international organization


5.1. An eventual transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions:

(a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;

(b) the transfer is necessary for the performance of a contract between the data subject and the Controller or the implementation of pre-contractual measures taken at the data subject's request;

(c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the Controller and another natural or legal person;

(d) the transfer is necessary for important reasons of public interest;

(e) the transfer is necessary for the establishment, exercise or defence of legal claims;

(f) the transfer is necessary in order to protect the vital interests of the data subject or of other people, where the data subject is physically or legally incapable of giving consent;

g) existence of a adequacy decision according with the Regulation;

h) existence of appropriate safeguards, including binding corporate rules according with the Regulation;


5.2. The Controller will transfer the following data to the following third countries, as follows:


5.2.1. Last name, first name, email address, phone number, delivery address (if relevant) will be sent to Sendgrid Inc, based in Denver Colorado- USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.


5.2.2. Last name, first name, email address, phone number, delivery address (if relevant) will be sent to Peaberry Software Inc. d/b/a Customer IO based in New York – USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.


5.2.3. Last name, first name, email address, phone number, delivery address (if relevant) will be sent to Twilio Inc. in San Francisco, California - USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.


5.2.4. Last name, first name, email address, phone number, and delivery address (if relevant) Order session originating IP, as well as any other data you have provided (excluding the details of the payment card, if you have chosen the online payment process), will be sent to Amazon.com Inc. in Oregon – USA , in order to be stored and/or in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.


5.2.5. Last name, first name, email address, phone number, delivery address (if relevant), will be sent along with order session originating IP, card holder name, card expiration date, card number, Cvv (if required) which will be captured directly by the PCI compliant iFrame of Spreedly Inc. based in Durham North Carolina USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.


6. The period for which the personal data will be stored/ The criteria used to determine that period.

The personal data will be stored for the entire period that you are an user of the application and at least for the period that the agreement with the Controller for using the application is still valid, if the personal data were not deleted for other reason(s) till such date(s) but not less than the period provided by the legal regulations in force is in force.

The personal data will be (mainly) stored in order to execute the agreement as well as for fiscal and/or legal purposes and additionally, specifically and without affecting the generality of the foregoing, the email address and the phone number (as and if the case may be) will be stored for direct marketing purpose.


7. Obligation to provide the personal data and of the possible consequences of failure to provide such data

The provision of the personal data is a contractual requirement.

The data subject is obliged to provide the personal data.

The refusal to provide (certain) (personal) data will lead (as consequences of unfulfilling the obligation to provide respective data) to the impossibility of (fully) using the application and/or certain functionalities of the application and/or to the impossibility to order and/or to buy and/or to pick-up and/or delivery of products and/or services, as the case may be, the Provider being entitled to limit in this sense the access to the functionalities of the application.

Without affecting the generality of the foregoing and for the sake of clarity:

i) In case the information regarding the payment cards are not provided, the payment cannot be processed;

ii) In case the (geo)localization data are not provided, we cannot provide you data regarding the nearby suppliers of products and/or services;

iii) In case the data regarding the location were the products has to be delivered are not provided, the products cannot be delivered;

iv) In case the email address is not provided, we cannot send you any information about confirmation or reject of the order or about the missed orders and/or other information regarding your order and the communications according with the agreement cannot be performed;

v) In case the name and surname are not provided, we will not have the minimum identification data to have a valid agreement with you and also your order will not be processed and we won’t be able to send you the information about confirmation or reject of the order or about the missed orders

vi) In case the IP addresses are not provided, no further investigations can be performed in order to determine what happened and whether or not you were a victim of a fraudulent ordering session (e.g. fake orders, prank orders or purchase impersonation), therefore the order may not be safely accepted.

vii) In case the phone number is not provided the supplier of products or services may not contact you back in a timely manner for order-related clarifications or delivery address clarifications, as the case may be.


8. Right of access by the data subject


8.1. The data subject has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(e) the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(f) the right to lodge a complaint with a supervisory authority;

(g) where the personal data are not collected from the data subject, any available information as to their source;

(h) the existence of automated decision-making, including profiling, referred to in the Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.


8.2. Where personal data are transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.


8.3. The Controller provides a copy of the personal data undergoing processing. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information are provided in a commonly used electronic form.


8.4. The right to obtain a copy referred to in paragraph 8.3 doesn’t adversely affect the rights and freedoms of others.


9. Right to rectification


The data subject has the right to obtain from the Controller without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.


10. Right to erasure (‘right to be forgotten’)


10.1. The data subject has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay, and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(b) the data subject withdraws consent on which the processing is based, where the processing takes place on the basis of the data subject’s consent given for processing personal data for one or more specific purposes and where there is no other legal ground for the processing;

(c) the data subject objects to the processing, on grounds relating to his or her particular situation, in accordance with the Regulation, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purpose and where there is no other legal ground for the processing;

(d) the personal data have been unlawfully processed;

(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;

(f) the personal data have been collected in relation to the offer of information society services to a child, in accordance with the Regulation.


10.2. Where the Controller has made the personal data public and is obliged pursuant to paragraph 10.1 to erase the personal data, the Controller, taking account of available technology and the cost of implementation, takes reasonable measures, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.


10.3. Paragraphs 10.1 and 10.2 do not apply to the extent that processing is necessary:

(a) for exercising the right of freedom of expression and information;

(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;

(c) for reasons of public interest in the area of public health in accordance with the Regulation;

(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with the Regulation, in so far as the right referred to in paragraph 10.1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(e) for the establishment, exercise or defence of legal claims.


10.4. In addition, the Controller may offer, within the application or emails that will be sent to you, the possibility to be forgotten and all your personal data to be erased, without the obligation of fulfilling all the above mentioned conditions, by accessing any link regarding the erasure of all personal data, and in this case the EULA will cease with immediate effect in the same time with the erasure of personal data and all your data will be erased.


11. Right to restriction of processing


11.1. The data subject has the right to obtain from the Controller restriction of processing where one of the following applies:

(a) the data subject contests the accuracy of the personal data for a period enabling the Controller to verify the accuracy of the personal data;

(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

(c) the Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

(d) the data subject has objected to processing on grounds relating to his or her particular situation, in accordance with the Regulation, pending the verification whether the legitimate grounds of the Controller override those of the data subject.


11.2. Where processing has been restricted under paragraph 11.1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.


11.3. A data subject who has obtained restriction of processing pursuant to paragraph 11.1 is informed by the Controller before the restriction of processing is lifted.


12. Notification obligation regarding rectification or erasure of personal data or restriction of processing

The Controller communicates any rectification or erasure of personal data or restriction of processing carried out in accordance with paragraph 9, paragraph 10.1. and paragraph 11 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller informs the data subject about those recipients if the data subject requests it.


13. Right to data portability


13.1. The data subject has the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, where:

(a) the processing is based on consent or on a contract; and

(b) the processing is carried out by automated means.


13.2. In exercising his or her right to data portability pursuant to paragraph 13.1, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible.


13.3. The exercise of the right referred to in paragraph 13.1 of the present Article is without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.


13.4. The right referred to in paragraph 13.1 does not adversely affect the rights and freedoms of others.


14. Right to object


14.1. At any time, the data subject has the right to object, on grounds relating to his or her particular situation, to processing, for the purpose of the legitimate interests pursued by the Controller or a third party, personal data concerning him or her, including profiling based on those provisions. The Controller does no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.


14.2. Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such purpose, which includes profiling to the extent that it is related to such direct marketing.


14.3. Where the data subject objects to processing for direct marketing purposes, the personal data is longer processed for such purposes. In case the data subject chooses the processing of personal data for the purpose of direct marketing, separately and without any connection to another action, including by activating any accept button regarding the processing of personal data for the purpose of direct marketing, the latest personal data provided in any way will be processed for direct marketing purpose.


14.4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 14.1. and 14.2. is explicitly brought to the attention of the data subject and presented clearly and separately from any other information.


14.5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.


14.6. Where personal data are processed for scientific or historical research purposes or statistical purposes in accordance with the Regulation, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.


15. Automated individual decision-making, including profiling


15.1. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.


15.2. Paragraph 15.1. does not apply if the decision:

(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;

(b) is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or

(c) is based on the data subject's explicit consent.


15.3. In the cases referred to in points (a) and (c) of paragraph 15.2., the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Controller, to express his or her point of view and to contest the decision.


16. Right to lodge a complaint with a supervisory authority


16.1. Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the Regulation.


16.2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 17.


17. Right to an effective judicial remedy against a supervisory authority


17.1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.


17.2. Without prejudice to any other administrative or non-judicial remedy, each data subject has the right to exercise an effective judicial remedy where the supervisory authority which is competent pursuant to the Regulation does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 16.


17.3. Proceedings against a supervisory authority are brought before the courts of the Member State where the supervisory authority is established.


17.4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority forwards that opinion or decision to the court.


18. Right to an effective judicial remedy against a controller or processor


18.1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to the Regulation, each data subject has the right to an effective judicial remedy where he or she considers that his or her rights under the Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with the Regulation.


18.2. Proceedings against a controller or a processor are brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the Controller or processor is a public authority of a Member State acting in the exercise of its public powers.


19. Representation of data subjects


19.1. The data subject has the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects' rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 16, 17 and 18 and to exercise the right to receive compensation referred to in the Regulation on his or her behalf where provided for by Member State law.


19.2. Member States may provide that any body, organisation or association referred to in paragraph 19.1 of this Article, independently of a data subject's mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to Article 16 and to exercise the rights referred to in Articles 17 and 18 if it considers that the rights of a data subject under the Regulation have been infringed as a result of the processing.


20. Right to compensation and liability


20.1. Any person who has suffered material or non-material damage as a result of an infringement of the Regulation has the right to receive compensation from the Controller or processor for the damage suffered.


20.2. Any controller involved in processing is liable for the damage caused by processing which infringes this Regulation. The processor is liable for the damage caused by processing only where it has not complied with obligations of the Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the Controller.


20.3. The controller or processor shall be exempt from liability under paragraph 20.2 if it proves that it is not in any way responsible for the event giving rise to the damage.


20.4. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 20.2. and 20.3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.


20.5. Where a controller or processor has, in accordance with paragraph 20.4., paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 18.2.


20.6. Court proceedings for exercising the right to receive compensation is brought before the courts competent under the law of the Member State referred to in 18.2.


21. Withdrawal of the consent

Where the processing is based on: i) the consent of the data subject given for processing his/her personal data for one or more specific purposes; or ii) the consent of the data subject given for processing certain special personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition to process special personal data may not be lifted by the data subject,

the data subject has the right to withdraw the consent at any time, without affecting the lawfulness of processing based on the consent before its withdrawal.

For the sake of clarity the withdrawal of the consent shall not affect the processing of the personal data based on other legal basis.


22.Cookie Policy Controller’s webs application may use “cookies.”

Cookies are text files containing small amounts of information which are downloaded to your device when you visit and use the web application. Cookies are then sent back to the originating URL on each subsequent visit, or to another URL that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu . For a video about cookies visit www.google.co.uk/ goodtoknow/data-on-the-web/cookies.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience.

They can also help to ensure that adverts you see online are more relevant to you and your interests.

You may set and/or adjust your (browser) settings and preferences regarding cookies at any time, and you may disable cookies. Disabling them may prevent you from using certain parts/functionalities of the Controller’s web application.

We may collect anonymous information, including for statistical or research purposes.

We use the following categories on our web based application:


Category 1 — Strictly Necessary Cookies

These cookies are essential in order to enable you to move around Controller's web application and use its features, such as accessing secure areas. Without these cookies services like shopping baskets or e-billing cannot be provided.


Category 2 — Performance Cookies

These cookies collect information about how you use the Controller’s web application — for instance, which pages you go to most, and if they get error messages from web pages and/or the web application. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Controller’s website(s) and/or the application works.


As 3rd party cookies in this category we use Google Analytics, a service which transmits website traffic data to Google servers in the United States. The reports provided by Google Analytics help us understand website traffic and webpage usage. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.


Google Analytics: For more information about Google Analytics cookies, please see Google's help pages and privacy policy:

Google's Privacy Policy

Google Analytics Help pages

Google has developed the Google Analytics opt-out browser add-on; if you want to opt out of Google Analytics, you can download and install the add-on for your web browser here.


Category 3 — Functionality Cookies

These cookies allow the Controller’s web application to remember choices you make while browsing and/or using the application (such as your user name, language or the region you are in) and provide enhanced, more personal features.

These cookies can also be used to remember changes you have made to text size, language and other parts of web pages that you can customize.

The information these cookies collect will not personally identify you, and they cannot track your browsing activity on non- Controller’s websites.

For reliable review of your order status, on-screen on the application, in real-time, and also for easy reordering, your data may be saved on your device, serving a cookie locally.


Category 4 — Targeting cookies or advertising cookies

These cookies will usually be third-party cookies, although if a user is visiting the advertising network’s own website it is technically possible these could be first party. They will always be persistent but time-limited cookies. These cookies can be associated with services provided by the third party but this is not always the case. These cookies contain a unique key that is able to distinguish individual users’ browsing habits or that can be translated into a set of browsing habits or preferences using information stored elsewhere. Generally speaking, the privacy statement should indicate if the cookie is being used as part of an advertising network. Cookies may also be used to limit the number times a user sees a particular ad on a website and to measure the effectiveness of a particular campaign.


Examples include:

• Cookies placed by advertising networks to collect browsing habits in order to target relevant adverts to the user. The site the user is visiting need not actually be serving adverts, but often this will also be the case.

• Cookies placed by advertising networks in conjunction with a service implemented by the website to increase functionality, such as commenting on a blog, adding a site to the user’s social network, providing maps or counters of visitors to a site.


By default, the web ordering application and its originating website URL is not serving category 4 cookies. However, it may be possible to order online from other websites that frame-in or facilitate access to the online menu and web application. Therefore, please always check the cookie policy of the visited website from which you initiated an online ordering session in order to find out if any category 4 cookies are served and which is the way to opt-out or opt-in for them, as the legal case may be.


23. Processing of your personal data by the Provider as the processor of the suppliers of products and/or services

The Provider may also process your personal data as the processor of the suppliers of products and/or services, including without limitation for the following purposes, according to those agreed with the suppliers of products and/or services : i) data storage for the suppliers of products and/or services; ii) sending notifications to you regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order; iii) sending to you direct marketing communications; iii) collection of the IP addresses in order to be used in case of any litigation and/or fraud regarding the payments; iv) sending your data to different recipients and in different (third) countries, recipients that are processing the personal data for compatible, related and correlated purposes with the purpose of executing the contract you have with the suppliers of products and/or services, namely: delivery, printing, pos billing, loyalty, online payment processing, etc.


24. Miscellaneous


24.1. You have all the rights mentioned in the present section as well as any other rights mentioned by the mandatory legal regulations in force regarding personal data processing.


24.2. Your rights mentioned in the present section can be exercised according with the Regulation and any other applicable legal regulations in force.


24.3. Any requests and/or demands sent by you towards the Provider for exercising any of the rights from the present section may be made in writing, by registered letter that will be sent to the headquarter of the Controller and/or by email at contact email of the Controller (dataprotection@globalfoodsoft.com) or at the email of the DPO, if such DPO exists, and/or by any other ways of communications mentioned in the legal regulations in force.


24.4. The data subject may request, according to the above mentioned ones, and obtain, free of charge, in particular, access to and rectification or erasure of personal data, restriction of the processing of personal data, data portability, and the exercise of the right to object and also the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her but also in relation with the security breach of the personal data.


24.5. The terms used in the present section will also have the meaning defined in the Regulations, unless the context otherwise requires or it is otherwise provided herein.


24.6. Except otherwise required by the mandatory legal regulations in force, the Provider reserves the right to update and change the present section from time to time without specific notice. You agree that it is your exclusive responsibility to check the present section each time you are using the application.


24.7. The conditions for exercising the above mentioned rights may also be found on the website www.globalfoodsoft.com


25. Identity and the contact data of the Controller, the contact data of the data protection officer and the identity and the contact data of the suppliers of products and/or services


25.1. Identity and the contact data of the Controller: GlobalFood Tech S.R.L., having its headquarters in Bucharest, Romania, 91-95 Dristorului Street, bl. C, 9th floor, ap. 907, 3rd District, registration no. at the trade Registry J40/8605/2013, VAT ID RO31980460, email: contact@globalfoodsoft.com, tel: +40 737 017 876.


25.2. Contact data of the data protection officer may be dataprotection@globalfoodsoft.com, as long as it is (or necessary to be) appointed such data protection officer.


25.3. The identity and the contact data of the suppliers of products and/or services may also be found on their websites.

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