Terms and conditions of use for the website www.vips.es
1. LEGAL NOTICE
1.1.- IDENTIFICATION DETAILS
Pursuant to our information obligation as outlined in article 10 of Spanish Law 34/2002, of 11 July, on Information Society and E-Commerce Services, the following data are provided:
This Website (hereinafter, the “Page” or the "Web") as well as the services offered on it are managed by SIGLA, S.A., with a principal place of business in Madrid (28046) at Paseo de la Castellana, 280, assigned Spanish tax identification no. A-28308484, and registered with the Trade Register of Madrid in Volume 645, Folio 69, Page M-13490, entry 118. The contact email address is: firstname.lastname@example.org. This company belongs to the group of companies known as “Grupo Vips” (hereinafter, “Grupo Vips” or the “Group”), a group that is mainly dedicated to food service, restaurant and retail activities. You may find a list of the companies comprising Grupo Vips at https://www.grupovips.com/legal.
Accessing and/or using this Web means you are considered a user (hereinafter, the “User”).
You, as a User, shall use the services and content under your sole and exclusive liability and solely for private purposes and/or in connection with the legal relationship binding you to Sigla, S.A. (hereinafter, "Sigla") or the Group.
The costs of connecting to this Web are the responsibility of the User as well as any other charges which legally correspond or may correspond in the future.
1.3.- USE OF THE WEB
The Web provides Users access to a multitude of information, services, programs and data (hereinafter, the “Content”) on the Internet, belonging to Sigla or the Group.
The User assumes all responsibility for the use of this Web. This responsibility includes registering, as necessary, to access certain services or content. When registering, the User is liable for providing true and accurate information. As a result of registration, the User may be provided with a password at their own responsibility, undertaking to make diligent and confidential use thereof.
Although Sigla and the Group act in good faith, they will not be held directly or indirectly liable for any claims that may derive from the quality, reliability, accuracy or correction of such Content.
The Terms and Conditions are established herein without prejudice to any obligations or duties legally corresponding to the User in accordance with any applicable regulation irrespective of the rank thereof or the issuing body including court or transnational authorities.
1.4.- DATA PROTECTION
Sigla complies with the directives outlined in Spanish Organic Law 15/1999, of 13 December on Personal Data Protection (hereinafter, the “LOPD”), Spanish Royal Decree 1720/2007, of 21 December which approves the LOPD implementing regulations and all other regulations in effect at any given time and makes all efforts to guarantee proper use and processing of the User's personal data. Thus, Sigla will notify the User of the existence and acceptance of the special conditions governing personal data processing in each case next to any personal data collection form for the services the User may request from Sigla, informing of the responsibility for the file created, the address of the responsible party, the possibility of exercising rights of access, rectification, cancellation or opposition, the purpose of the processing and the communication of any data to third parties, as applicable.
Furthermore, Sigla hereby informs that it complies with Spanish Law 34/2002 of 11 July on Information Society and E-Commerce Services (hereinafter, the “LSSI”) and will request your consent to process your email address for commercial purposes at all times.
1.5.- INTELLECTUAL AND INDUSTRIAL PROPERTY
All of the Content as well as the elements inserted within (including but not limited to data, images, photographs, graphics, animations, creative work, sound, audio, video, drawings, software or texts, trademarks or logotypes, tradenames or distinctive signs, color combinations, structure and design, the selection of the materials used, the computer programs needed for them to work, be accessed and used, etc.) are the property of Sigla, the Group or, where applicable, its licensees or third party entities or individuals and are protected by the laws in effect on industrial and intellectual property.
The User hereby undertakes to respect the Intellectual and Industrial Property rights pertaining to Sigla, the Group or, where applicable, its licensees.
The provision of the services and publication of the Content via the Web under no circumstance implies a full or partial assignment, waiver or transfer of the ownership of the corresponding intellectual and industrial property rights or any other right.
Moreover, you, the User, may not use, disseminate, distribute, publish, export, exploit, reproduce or copy all or part of the Content or the design of this Web (including the figurative mark, denominative mark, legend, comments, phrases, etc.) without prior express written consent from Sigla or the Group.
The ideas, suggestions and/or comments provided by the User through the Content implies the exclusive and transferrable assignment without any territorial or time limitations and free of cost to Sigla and the Group of all rights of use, distribution, exploitation, exportation, publication, dissemination and reproduction of all ideas, suggestions or comments on the Web or in any other means or medium "on" and "offline" as deemed appropriate for free or for payment. Such ideas, suggestions and/or comments deriving therefrom may be altered, transformed or modified without any right to any type of compensation, indemnity or reimbursement or payment of any fees or other economic rights of any nature in favor of the users.
The User must abstain from deleting, altering, eluding or manipulating any protective mechanism or security system installed on the Web.
1.6.- LIMITATIONS ON LIABILITY
Neither Sigla nor the Group shall, under any circumstance, be held liable for any damages of any kind that may be caused by including but not limited to errors or omissions in the Content, a lack of quality technical availability, reliability, accuracy, extent, veracity or the validity of this Web and the Content or any transmission of viruses or malware in spite of the fact that all of the technological measures needed to prevent it have been adopted.
The User assumes all responsibility for the use of this Web. This responsibility includes registering, as necessary, to access certain Content. When registering, the User is liable for providing true and accurate information. As a result of such registration, the User may be provided with a username and password for which the user will be responsible. The User hereby undertakes to make diligent use of their username and password and to keep them confidential as well as take all of the necessary measures to prevent access and/or use thereof by third parties as the user will be liable for any consequences of any inappropriate use that may occur.
The User of the Web will be personally held liable for any damages of any kind caused to Sigla and/or the Group and/or any other user or third party for a breach of these Terms and Conditions.
Sigla and the Group reserve the right to remove any comments or content published by the user on the Web which, in their judgement, are not adequate for publication or to demand the User immediately remove them as well as deny or remove access to this Web and/or the Content offered by any User who violates these Terms and Conditions, upon the decision of Sigla, the Group or a third party.
Furthermore, Sigla reserves the right to request the immediate removal of any link, comment or content in relation to this Web that has been used, disseminated, distributed, published, exported, exploited, reproduced or copied in violation of the stipulations of these Terms and Conditions through any means and on any medium.
Sigla will take legal action for any breach of these Terms and Conditions as well as any improper use of the Web, exercising all actions possible including any criminal actions that may correspond as per the law.
1.7.- CHANGES & UPDATES
Sigla may make any modifications it deems appropriate to the Content and may change or delete any of it fully or partially as well as the way in which it is presented or where it is located without prior notice.
Sigla may also at any time modify these Terms and Conditions as well as the Privacy and Cookies Policy in order to adapt them to new laws or due to strategic corporate decisions. Moreover, the User should access them each time they use the Web Content.
1.8.- LINKS OR HYPERLINKS
If links or hyperlinks are offered on this Web by Sigla to other Internet sites, Sigla will not exercise any type of control over said sites or content.
Under no circumstance will Sigla be liable for any of the content found through any link or hyperlink on any third-party website not related to Sigla or the Group nor will it guarantee the technical availability, quality, reliability, extent, veracity or validity of any material or information found through such hyperlinks or other Internet sites.
Likewise, the inclusion of these external connections will not imply any type of association, merger or participation in the connected entities.
1.9.- RIGHT OF EXCLUSION
Sigla reserves the right to deny or remove access to the Web and/or services offered to any User that violates these Terms and Conditions without advance notice at its own initiative or that of a third party.
1.10.- GENERAL MATTERS
Sigla will take legal action for any breach of these Terms and Conditions as well as any improper use of its Web, exercising all actions possible including any civil and criminal actions that may correspond as per the law.
1.11.- LAW AND JURISDICTION
The relationship between Sigla and the User shall be governed by the Spanish laws in effect and any dispute shall be submitted to the Courts and Tribunals of the city of Madrid.
The data controller of your data is Sigla, S.A. (hereinafter, “Sigla” or the “Data Controller”), the registered address of which is Paseo de la Castellana, 280, Madrid (CP: 28046). If you have any questions about data protection, you may write an email to the following address: email@example.com.
What is the purpose and legitimacy behind Sigla processing my personal data?
At Sigla, we are concerned about protecting our users’ privacy as well as protecting their information in a secure manner. Pursuant to data protection regulations, we would like to inform our users of how we will process their personal data. These are the purposes for which Sigla will process users’ personal information:
1. To manage requests sent through a contact form. With your consent as obtained from the contact form, Sigla will process the necessary information to manage your request either to manage an incident, a suggestion, complaint or claim. When such request affects businesses not owned by Sigla, we shall share your information with the company that owns the business (including non-Grupo Vips third parties as per our franchising model).
A list of entities comprising Grupo Vips is available to users under section 1.1 of the “Terms and Conditions of Use”, which is accessible via the following link: http://www.grupovips.com/legal.
2. To manage reservations requested by users. Reservation forms are available to users in order to eat at our restaurants. Sigla will process the necessary data to manage your reservation request and process it. Reservations may be accepted or rejected for various reasons (including when the occupancy for the selected restaurant is complete).
In cases where the reservation is for a restaurant managed by Grupo Vips entities or our franchisees, we will communicate the user’s information relating to the reservation so the restaurant may process it and ensure the user’s request is handled.
If the user orders delivery service of our products through third-party delivery platforms (Just eat, Glovo, etc.) (hereinafter, the “Platform(s)”), we will receive information for such requests. In these cases, the user is informed that, when ordering our products through these Platforms, the data controller is the owner of the corresponding Platform and in such case, Sigla is simply acting as a service provider for said Platforms. Sigla will only process this information to handle the request sent by the user to the corresponding Platform without any further purpose and without storing any information in such case.
3. Participation in promotions, drawings, contests, etc. Only with your consent, as granted through a positive action of participating in the promotion, drawing or contest, will Sigla process your personal data to manage the promotion, drawing or contest involved.
4. To collect information through cookies. You may find the cookies policy at the following link: https://www.vips.es/politica-de-cookies
How long will we save your data?
Sigla will comply with the provisions of current regulations on the obligation of deleting personal information that is no longer necessary for the purpose(s) for which it was collected or blocking it in order to fulfill any liability deriving from data processing and only for the prescription periods to which such liabilities are subject. Once such periods end, the information will be definitively eliminated using secure methods.
To whom do we communicate your data?
If you have a complaint, suggestion or claim involving any of our Grupo Vips companies with businesses open to the public, we will communicate your information to those entities. A list of entities comprising Grupo Vips is available to users under section 1.1 of the “Terms and Conditions of Use”, which is accessible via the following link: http://www.grupovips.com/legal.
If the request mentioned in the foregoing section involves a business owned by a third-party franchisee associated with Grupo Vips, we will communicate the information to said franchisee.
In any case, we may communicate this information to the Spanish police forces or courts in view of possible cases of fraud by users of our services through the website as well as in relation to consumers at physical locations.
On the other hand, Sigla may collaborate with third-party service providers for the previously described aims and, therefore, they may have access to personal data as a result of the performance of the services contracted. In any case, Sigla follows strict criteria when selecting said third parties in order to fulfill its data protection obligations and signs the corresponding data protection agreement with them in which these third parties undertake to comply with their data protection obligations and, specifically, to comply with the legal, technical and organizational measures established when processing personal data for the purposes agreed and the prohibition of processing such personal data for other purposes or third-party assignment.
How do we obtain your data?
The personal data Sigla processes regarding its users are directly communicated by the user upon formulating the request referred to in the section “What is the purpose and legitimacy behind Sigla processing my personal data?”
How does Sigla obtain user consent?
As necessary and as outlined above, Sigla will obtain consent from users through the specific boxes on online forms and the users’ voluntary positive actions.
How can users withdraw consent?
Data subjects may now and at any time later withdraw their consent granted for processing by sending an email to firstname.lastname@example.org.
What rights do users have with regard to data protection?
Users may exercise, if they wish, their rights of access, rectification and deletion of data as well as request limitations on the processing of their personal data, oppose such processing, request the portability of their data and not be subject of individualized automatic decisions by sending written notification to the address indicated or an email to email@example.com.
Where can complaints be filed?
Any user who believes their data protection rights have been breached or who has a complaint relating to personal information may write to our Data Protection Officer at: Sigla, S.A., Paseo de la Castellana, 280, Madrid (CP: 28046) or send an email to firstname.lastname@example.org.
In any case, data subjects may contact the Spanish Data Protection Agency, the data protection control authority, at http://www.agpd.es. C/Jorge Juan número 6, 28001, Madrid. Tel. 901.100.099/91.266.35.17.