Legal notice

 

TABLE OF CONTENTS:

I.- GENERAL TERMS AND CONDITIONS OF USE OF THE PORTAL AND CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN AMREST TAG, S.L. (Single-Member Corporation) AND USERS. 

1) PORTAL OWNERSHIP

2) GENERAL TERMS AND CONDITIONS OF USE OF THE PORTAL

    2.1.- Introduction

    2.2.- Intellectual and industrial property

    2.3.- Liability of AMREST TAG, S.L. (Single-Member Corporation)

    2.4.- Your obligations

    2.5.- Correspondence

    2.6.- Clause invalidity

    2.7.- Applicable law and settlement of disputes

3) TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN AMREST TAG, S.L. (Single-Member Corporation) AND USERS

    3.1.- Preliminary information

    3.2.- Complaints

II.- PERSONAL DATA PROTECTION POLICY

1.- Data controller

2.- Purpose of processing personal data

3.- Transfer of your data

4.- Your responsibilities

5 – Rights

6.- Personal data security

7.- Changes to the privacy policy

  

I.- GENERAL TERMS AND CONDITIONS OF USE OF THE PORTAL AND CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN AMREST TAG, S.L. (Single-Member Corporation) AND USERS

1) PORTAL OWNER

In accordance with the general information requirement set forth in section 10 of Information Society Services and E-Commerce Act 34/2002, of July 11, for your information the identification details of the portal owner and controller are as follows:

COMPANY NAME: AMREST TAG, S.L. (Single-Member Corporation), a subsidiary of the AmRest Holdings, SE group (www.amrest.eu).

TAX REGISTRATION NO. (CIF): B-86072139.

REGISTERED OFFICE: Paseo de la Castellana, 163, 6th floor. Madrid – 28046 - (Madrid).

COMPANIES REGISTRY OF MADRID: Entry 1 of page number 28.196, sheet 141, section 8 and page number M-509.656.

For clarification purposes, AMREST TAG, S.L. (Single-Member Corporation) shall be referred to throughout the document as AMREST TAG.

2) GENERAL TERMS AND CONDITIONS OF USE OF THE PORTAL

2.1.- Introduction

The aim of these General Terms and Conditions of Use of the Portal, together with the General Conditions of Contract governing the provision of the services, and/ or any specific terms and conditions that may be agreed, is to regulate both access to the information and the commercial/ contractual relations that may arise between AMREST TAG and Portal users.

You acquire User status if you browse through the Portal and/ or use the services it provides. Both browsing through and/ or using any of the Portal services means that, as a User, you agree, with no reservations of any kind, to each and every one of these General Terms and Conditions of Use, the General Conditions of Contract which, where appropriate, may govern the provision of services offered on the Portal, as well as, where appropriate, the Specific Terms and Conditions which, where appropriate, may be in place with respect to the provision of services.

AMREST TAG may, at any time and without prior notice, change these General Terms and Conditions and/ or the specific terms and conditions which, where appropriate, are included, by publishing these changes on the Portal in order to inform Users.

2.2.- Intellectual and industrial property. Link prohibition

All of the contents shown on the Portal and especially artwork, texts, graphics, logos, icons, buttons, software, brand names, trademarks, industrial designs or any other signs that may be used for industrial or commercial purposes are subject to the intellectual and industrial property rights of AMREST TAG.

Under no circumstances shall it be understood that a licence has been granted for these rights or that said rights have been waived, transferred or assigned, in whole or in part, or that any right or expectation of right has been conferred, and especially the right to alter, exploit, copy, distribute or publicly share these contents without the prior express authorisation of AMREST TAG.  

No link may be built to the Portal from any other website without the prior, express consent of AMREST TAG.

Any links on the AMREST TAG Website, unless explicitly stated otherwise, are for information purposes only and under no circumstances do they represent a suggestion, invitation or recommendation in their regard. These links do not indicate any kind of relationship between AMREST TAG and the individuals or companies owning the websites that can be accessed via these links. These websites cannot be altered, changed, modified or adapted. AMREST TAG reserves the right to remove, unilaterally and at any time, the links built into its websites. AMREST TAG does not assume any liability for the contents of any forum or chat, or any other types of communications that are associated with these linked websites, and shall cooperate, if so required by judicial order or by the relevant authorities, in identifying people who are responsible for contents that break the law.

The trademarks, in their generic sense, contained on the Website are protected by law.

2.3.- Liability of AMREST TAG

    i. AMREST TAG shall be liable for any damages or losses you may suffer as a consequence of using the Portal when these damages are directly attributable to malicious or negligent acts by this company and no blame or negligence lies in your acts. In any event, the acts of AMREST TAG shall not be regarded as malicious or negligent when it can prove that it fulfilled legal and regulatory standards and requirements and other precautions and duties of care demanded by the nature of the service.

    ii. The Information Society Services offered on the Portal and which are not contracted previously are offered to you free of charge and, in return, you only have to abide by the rules of use set down in this Legal Notice. With respect to these services, AMREST TAG is, therefore, not obligated to fulfil certain availability levels for the Portal or adopt specific security measures. In the same way, AMREST TAG may discontinue, withdraw or cancel, in whole or in part, non-contracted services at any given time and without the need for prior notice.

    iii. Under no circumstances is the Internet connection required to access the service supplied by AMREST TAG and it is your own responsibility. This Website has been designed to support browsers and AMREST TAG is not liable for any losses, of any kind, which may be caused to you resulting from the use of other browsers or different versions of the browsers for which the Website was designed.

    iv. Please be advised that communications via open networks are not secure. You are responsible for adopting all appropriate technical measures to reasonably control these risks and to prevent damage to your computer, loss of data and the theft of confidential information.

v. AMREST TAG is not responsible for any damage that may result from but is not limited to: i) Interferences, omissions, interruptions, computer viruses, malfunctions and/ or disconnections in the running of the electronic system or in the IT devices and equipment, produced by causes beyond the control of AMREST TAG, which prevent or delay the provision of the services or browsing; (ii) Delays or freezing in the use caused by Internet failures or overloads or in other electronic systems that may be caused by third persons through unlawful intrusions and which are not attributable to AMREST TAG; (iv) Any differences in the information, documentation and/ or other contents on the Portal that may exist between the electronic version and the printed version; (v) inability to provide the Service or allow access on grounds not attributable to AMREST TAG, including cases of force majeure.

    vi. The use that you give to the services and/ or data, and/ or the information supplied to you via this Website is on your own account and at your own risk. In particular, AMREST TAG does not guarantee under any circumstances that Users use the Portal in accordance with the law, with these General Terms and Conditions, morality and generally accepted good practices and public order, or that they do so diligently and wisely.

    vii. Likewise, and should Users be minors or disabled persons, use of the Website is under the full responsibility of their parents, legal representatives or guardians, who should accompany, supervise or take the appropriate precautions while they are browsing around the websites. Therefore, and without prejudice to all the provisions of this Legal Notice, in their capacity as parents, legal representatives or guardians, they are responsible for their underage or represented children accessing the services, products and contents of AMREST TAG and for their registration. As a consequence, we recommend that you accompany, supervise or take the appropriate precautions (computer use time rules, location of the computer in a communal area at home, etc.) while they are browsing around websites.

    viii. In addition to the above, please be reminded that some browsers enable you to change their settings so that children or other persons cannot access certain websites. Even so, we recommend that you are present during browsing, as some websites may not be classified.

2.4.- Your obligations

    i. In general terms, you are obligated to fulfil these General Terms and Conditions of Use, where appropriate, any applicable Specific Terms and Conditions, as well as to abide by the special warnings and instructions of use they contain or which are on the Portal.

    ii. At all times, you shall use this Website’s services lawfully, in accordance with valid laws and regulations, observing the intellectual property rights of AMREST TAG or of third parties.

    iii. In this respect, you guarantee that the activities you carry out via the Website conform to the law, morality, public order, good practices and, under no circumstances shall they offend the good name and commercial image of AMREST TAG, other website Users or third parties.

    iv. You shall exercise the diligence proper to the nature of the service you enjoy and, through the services AMREST TAG makes available to you, you shall not perform any acts that may damage or alter the contents of the Website or hinder the smooth running of the Website. Through its mere use, you expressly undertake not to cause technical problems of any kind, transfer elements that may carry computer viruses or damage, interfere with or intercept the Website, in whole or in part, or control or tamper with the e-mails of other Users. 

2.5.- Correspondence

For the purpose of these General Terms and Conditions, and for any necessary correspondence between you and AMREST TAG, you may contact the Customer Support Service by e-mail (by sending a message to: [expansion@amrest-franquicias.com]) or through written correspondence addressed to the Franchise Department, AMREST TAG S.L. (Single-Member Company), Paseo de la Castellana, 163, 6th floor. Madrid - 28046- (Madrid).

Any correspondence from AMREST TAG to you shall be sent to the contact details you provided when you registered on the Website.

 2.6.- Clause invalidity

If any of the contents of these General Terms and Conditions of Use of the Portal are declared, in whole or in part, invalid or ineffective, such invalidity or ineffectiveness shall only extend to the contents or the part that is invalid or ineffective. In all other matters, the rest of the General Terms and Conditions shall remain valid and said contents or the part of them affected shall be regarded as not having been published unless, because they are essential for these General Terms and Conditions, said declaration affects them in their entirety.

2.7.- Applicable law and settlement of disputes

These General Terms and Conditions for accessing, browsing and using the Website, as well as any other relationship between you and AMREST TAG, shall be governed by Spanish laws and regulations.

The parties expressly waive any jurisdiction they may be entitled to and expressly yield to the Courts and Tribunals of Madrid to settle any disputes that may arise in the interpretation or execution of these contractual conditions.

3) TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN AMREST TAG AND USERS

3.1.- Preliminary information:

These General Conditions of Contract together, where appropriate, with any Specific Terms and Conditions that may be determined, shall expressly regulate the relationships which AMREST TAG, with Tax Registration No. (CIF): B-86072139, and registered office in Paseo de la Castellana, 163, 6th floor. Madrid - 28046- (Madrid), enters into with you through the Portal.

The use and/ or the provision of any of the Portal services means that you agree, as a User, with no reservations whatsoever, to each and every one of the General Conditions of Contract, of the General Terms and Conditions of Use of the Portal, as well as the Specific Terms and Conditions.

AMREST TAG wishes to inform you that the procedures for receiving the services offered are those described in these general terms and conditions, as well as any other specific procedures shown on screen during browsing, in such a way that you state that you know and accept these procedures as necessary for accessing the services offered on the Portal.

3.2.- Complaints:

AMREST TAG has a Complaints Form available for its customers in the establishment in question. We recommend that you process any complaints you may have at the establishment responsible for the effective provision of the service.

 

II.- PERSONAL DATA PROTECTION POLICY

1.- Data controller

In accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and with Information Society Services and E-Commerce Act 34/2002, of July 11, you are hereby informed and expressly consent to the personal data you share with us through this Website, www.amrest-franquicias.com (hereinafter referred to as the Website), being incorporated into the activities log controlled by AMREST TAG, S.L. (Single-Member Company), with registered office in Paseo de la Castellana, 163, 6th floor. Madrid - 28046- (Madrid), which guarantees full compliance with valid regulations at any given time on the protection of personal data.

If you have any queries about data protection, you may contact the Privacy Officer of AMREST TAG by writing to the postal address Paseo de la Castellana, 163, 6th floor. Madrid - 28046- (Madrid), or  the e-mail address protecciondedatos@amrest.eu.

2.- Purpose of processing personal data

Your personal data will be processed by AMREST TAG to carry out the following activies:

Purpose

We will process your personal data…*

We may process your personal data for this purpose because:

1. Franchisee support

Until you ask us to stop doing so.

We need to process the personal data you share with us through the customer service channels to be able to reply to your requests in each of the cases and to fulfil, in this way, our contractual or precontractual commitment to you.

2. Promotional communications. To send you promotional communications, even by electronic means, relating to the activities carried out by AMREST TAG.

3. Profiling for the mailing of personalised promotions.

AMREST TAG will send you offers that match your location and preferences, provided that you have given us your consent; otherwise you will receive generic, non-personalised commercial communications.

 Any user who has asked to receive commercial information via electronic means may, at any time, request the cancellation of these communications by writing to: protecciondedatos@amrest.eu.

When collecting your data, we will tell you whether the data being collected is voluntary or obligatory. Refusing to provide data classified as obligatory means that you will not receive or be able to access the service for which they were requested.

4. Direct contact with the future franchisee. We will use your data to get in touch with you directly to offer you the most suitable information in accordance with your request.

3.- Data receivers

Customers and Users should take note that, exclusively for fulfilling the purposes referred to in paragraph one, the personal data they submit to AMREST TAG may be shared with other companies in the AMREST Group, which guarantee the level of protection of your data set forth in applicable laws and regulations.

4.- Your responsibilities

You are prohibited from including in the free text fields of the Website any personal data belonging to third parties, or personal data relating to ideology, trade union membership, religion, beliefs, racial origin, health and sex life. If you fail to fulfil this obligation, you shall be accountable to AMREST TAG and to third parties for any damages and/ or losses you may cause as a result of this non-compliance.

Accessing the services, products, contents or registering through any of the personal data request forms on our Website is your full responsibility. If the User is underage or disabled, full responsibility for use of the website lies with their parents, legal representatives or guardians, who should, in any event, accompany, supervise or take the appropriate precautions while such Users are browsing through the websites.

Likewise, please note that AMREST TAG is unable to check the truthfulness and accuracy of the personal data provided. As a consequence, we recommend that for cases of these activities you supervise the registration process of your children or those you represent. Where appropriate, AMREST TAG will manage any requests resulting from the exercise, by parents or tutors, of the rights of access, rectification, objection, erasure, restriction and portability of the data of minors or disabled persons, although please feel free to contact us to give the cautions you deem fit by any of the abovementioned means.

You are also obligated to hold AMREST TAG harmless against any claim that may be filed against it (especially if proceedings of any kind are instituted by the Spanish Data Protection Agency for non-compliance by Users with the obligations set down in this Privacy Policy or in applicable laws and regulations at any given time on personal data protection and you agree to pay any amount which, by way of a penalty, fine, indemnity, damages, losses and interest, AMREST TAG may be condemned to pay, including lawyers’ fees, resulting from the abovementioned non-compliance).

5. Rights

In compliance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, you may exercise the rights listed below by contacting AMREST TAG. To this end, all you have to do is to send a document, accompanied by a copy of your National ID Card or equivalent document, to the postal address Paseo de la Castellana, 163, 6th floor. Madrid - 28046- (Madrid), or to the e-mail protecciondedatos@amrest.eu.  If your petition does not meet the necessary requirements, AMREST TAG may ask you to correct it. If you believe that your petition has not been dealt with correctly, you may file a complaint with the Spanish Data Protection Agency. Your data protection rights are described below:

Rights
What do they consist of:

Right of access: To consult which personal data are processed by AMREST TAG.

Right of rectification: To change the personal data processed by AMREST TAG when they are inaccurate.

Right of objection: To ask AMREST TAG not to process your personal data for some specific purposes. 

Right of erasure: To ask AMREST TAG to erase your personal data.

Right of restriction: To ask AMREST TAG to restrict the processing of your personal data. 

Right of portability: To ask AMREST TAG to give you the information it processes about you in electronic format.

Right to file a complaint with the competent authority: If you are not satisfied with the way in which AMREST TAG has processed your data, you may notify the Spanish Data Protection Agency, as the competent authority.

6.- Personal data security

AMREST TAG shall fulfil its confidentiality obligation with respect to your personal data and its duty to safeguard them and shall adopt the necessary technical and organisational measures that guarantee the security of the personal data and prevent their alteration, loss, processing or unauthorised access, having regard to the state of technology, the nature of the data stored and the risks they are exposed to, whether resulting from human action or the physical or natural environment.

7.- Changes to our privacy policy

AMREST TAG reserves the right to change, at any time and without the need for prior notice, the contents of each and every one of the points included in this Privacy Policy in order to adapt them to the laws and regulations applicable at any given time or to the operation or incorporation of new services.  Should the abovementioned change be made, AMREST TAG shall publish in a suitable manner on the Website the changed or updated Privacy Policy so that it is available to you and any other party concerned.

In any event, the applicable Privacy Policy will be the last one you agreed to.