LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
- GENERAL INFORMATION
In compliance with the obligation to provide information as stipulated in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below:
Ownership of this website, https://www.gardenpizza.cat(hereinafter Website) is held by: Garden Pizza Sant Cugat SL, holder of Tax Identification Number: B67037077 and registered in: Registro Mercantil de Barcelona with the following registry details whose representative is: Nacho Núñez, and whose contact details are:
Garden Pizza Sant Cugat SL
C/ Llaceras 12
08172 Sant Cugat del Vallès (Barcelona)
- GENERAL TERMS AND CONDITIONS OF USE
The subject matter of the terms and conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources that may be offered to Users (hereinafter, Services).
Garden Pizza reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and of the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Garden Pizza may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.
Access to the Website by the User is free and, as a general rule, is free of charge, without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be made by prior subscription or registration of the User.
Access, browsing and use of the Website, as well as the spaces provided for interaction between Users, and the User and Restaurant gourmet such as comments and/or blogging spaces, confers the status of User, and as such, from the moment the User begins browsing the Website, he/she accepts all the Conditions established here, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.
The Garden Pizza Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Web Site. This responsibility will extend to:- The use of the information, Contents and/or Services and data offered by Garden Pizza without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or to the operation of the Web Site; - The truthfulness and legality of the information provided by the User in the forms provided by Garden Pizza for access to certain Contents or Services offered by the Web Site. In any case, the User will immediately notify Garden Pizza of any event that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorised access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
Garden Pizza reserves the right to remove all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or children, public order or safety or that, in its opinion, are not appropriate for publication.
In any case, Garden Pizza will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this Web Site does not imply the establishment of any type of commercial relationship between Garden Pizza and the User.
In compliance with the legislation in force, this Garden Pizza Website is intended for all persons, regardless of their age, who may access and/or browse the pages of the Website.
The Website is primarily intended for Users residing in Spain. Garden Pizza makes no representation that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in another locatione and decides to access and/or browse the Website, he/she will do so at his/her own risk and must ensure that such access and browsing complies with the local legislation applicable to him/her, Garden Pizza not assuming any liability that may arise from such access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Garden Pizza does not guarantee the continuity, availability and usefulness of the Website, or of the Content or Services. Garden Pizza will make every effort to ensure the proper functioning of the Website, however, Garden Pizza is not responsible for and does not guarantee that access to this Website will be uninterrupted or error-free.
Nor does it accept any responsibility or guarantee that the content or software that may be accessed through this Website is free from error or causes damage to the User's computer system (software and hardware). In no event shall Garden Pizza be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, that caused to computer systems or that caused by the introduction of viruses.
Garden Pizza is also not responsible for any damage that may be caused to users by an inappropriate use of this Website. In particular, it shall not be liable in any way for any breakdowns, interruptions, faults or defects in telecommunications that may occur.
- PRIVACY AND DATA PROTECTION POLICY
In compliance with the provisions of current legislation, Garden Pizza undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
Identity of the controller processing the personal data
The person responsible for the processing of the personal data collected by Garden Pizza is: Garden Pizza Sant Cugat SL, with Tax Identification Number: B67037077 and registered in: Registro Mercantil de Barcelona with the following registry details: ________, whose representative is: CLAUDIO HOYOS (hereinafter, also Data Controller). Its contact details are as follows:
Garden Pizza Sant Cugat SL
C/ Llaceras 12
08172 Sant Cugat del Vallès (Barcelona)
Data Protection Officer (DPD)
The Data Protection Officer (DPD, or DPO) is responsible for ensuring compliance with the data protection regulations to which Delivery de pizzas gourmet is subject. The User can contact the DPD designated by the Data Controller using the following contact details: email@example.com.
Register of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Garden Pizza through the forms provided on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfil the commitments established between Garden Pizza and the User or the maintenance of the relationship established in the forms filled in by the User, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD applies, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User's personal data will be subject to the following principles set out in article 5 of the GDPR:- Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times, following fully transparent information on the purposes for which the personal data are collected.- Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.- Principle of data minimisation: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.- Principle of accuracy: personal data must be accurate and always up to date.- Principle of limitation of the storage period: personal data shall only be kept in a form that allows the identification of the User for the time necessary for the purposes of their processing.- Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality.- Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Garden Pizza are solely identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Garden Pizza undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.
The User shall have the right to withdraw consent at any time. It shall be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent shall not condition the use of the Website.
On those occasions when the User must or may provide his/her data through forms to make enquiries, request information or for reasons related to the content of the Website, he/she will be informed in the event that the completion of any of them is compulsory due to the fact that they are essential for the correct development of the operation carried out.
Purposes of the processing for which the personal data are used
The personal data is collected and managed by Garden Pizza in order to facilitate, speed up and fulfil the commitments established between the Website and the User or to maintain the relationship established in the forms that the latter fills in or to attend to a request or query.
Likewise, the data may be used for commercial, personalisation, operational and statistical purposes, and activities related to the corporate purpose of Restaurante gourmet as well as for the extraction and storage of data and marketing studies to adapt the content offered to the user, as well as to improve the quality, operation and navigation of the website.
At the time the personal data is collected, the User will be informed about the specific purpose(s) of the processing for which the personal data will be used, i.e. the use(s) to which the collected information will be put.
Retention periods for personal data
Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: ________, or until the User requests their deletion.
At the time personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User's personal data will not be shared with third parties.
In any case, at the time the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
In compliance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent for the processing of their personal data in a lawful manner by Delivery de pizzas gourmet. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorised it.
Secrecy and security of personal data
Garden Pizza undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encoded.
However, because Garden Pizza cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, partners, and any other person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has over Garden Pizza and may, therefore, exercise the following rights recognised in the RGPD against the Controller:- Right of accessThis is the User's right to obtain confirmation as to whether or not Garden Pizza is processing his/her personal data and, if so, to obtain information on his/her specific personal data and on the processing that Garden Pizza has carried out or is carrying out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for said data. Right of rectificationThis is the User's right to have his/her personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete. Right of erasure ("the right to be forgotten").: This is the User's right, unless otherwise provided for by law, to obtain the erasure of his or her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a person under 14 years of age. In addition to erasure, the Controller shall, taking into account available technology and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject's request for erasure of any link to those personal data. Right to restriction of processingThis is the User's right to restrict the processing of his or her personal data. The User has the right to obtain the restriction of processing where he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and where the User has objected to the processing. Right to data portabilityWhere processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Where technically feasible, the Controller shall transmit the data directly to that other controller. Right to objectThis is the User's right not to have his or her personal data processed or to stop the processing of such data by Delivery de pizzas gourmet. The right not to be subject to a decision based solely on automated processing, including profiling.This is the User's right not to be subject to an individualised decision based solely on the automated processing of their personal data, including profiling, unless the legislation in force establishes otherwise.
Therefore, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference "RGPD-https://www.gardenpizza.cat/", specifying:- Name, surname(s) of the User and a copy of their National Identity Document. In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits identity.- Request with the specific reasons for the request or information to which access is sought.- Address for notification purposes.- Date and signature of the applicant.- Any document that accredits the request being made.
This application and any accompanying documents may be sent to the following address and/or e-mail address:
Garden Pizza Sant Cugat SL
C/ Llaceras 12
08172 Sant Cugat del Vallès (Barcelona)
Links to third party websites
The Website may include hyperlinks or links that allow access to third party websites other than Restaurant gourmet and which are therefore not operated by Delivery de pizzas gourmet. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints to the supervisory authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).
Cookies are automatic procedures for collecting information relating to the preferences determined by the User during his/her visit to the Website in order to recognise him/her as a User, and to personalise his/her experience and use of the Website, and may also, for example, help to identify and resolve errors.
The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and just after the Website. However, no cookie allows this cookie to contact the User's telephone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to be part of the Cookie file is for the User to personally give that information to the server.
These are cookies that are sent to the User's computer or device and managed exclusively by Garden Pizza for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies make it possible to recognise the User as a recurring visitor to the Website and to adapt the content to offer him/her content that is tailored to his/her preferences.
The entity(ies) responsible for the provision of cookies may transfer this information to third parties, where required by law or where a third party processes this information for these entities.
Social media cookies
Garden Pizza incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User should refer to them for information about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the links where these privacy and/or cookie policies can be consulted are indicated below:
Disabling, rejecting and deleting cookies
- LINKS POLICY
The Garden Pizza Website places or may place at the disposal of Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to make it easier for Users to search for and access information available on the Internet, and may not be considered a suggestion, recommendation or invitation to visit them.
Garden Pizza does not itself or through third parties offer or market the products and/or services available on such linked sites.
Nor does it guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
Garden Pizza will in no case review or control the content of other websites, nor does it approve, examine or make its own the products and services, contents, files and any other material existing in the aforementioned linked sites.
Garden Pizza assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Garden Pizza and which are linked to this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the Garden Pizza Website must be aware that:
The reproduction - in whole or in part - of any of the Contents and/or Services of the Website is not permitted without the expressed authorisation of Delivery de pizzas gourmet.
No false, inaccurate or incorrect statement about the Restaurante gourmet Web Site or the Contents and/or Services of the same is permitted.
With the exception of the hyperlink, the website on which the hyperlink is established does not contain any element of this website that is protected as intellectual property by Spanish law, except with the expressed authorisation of Delivery de pizzas gourmet.
The establishment of the hyperlink does not imply the existence of a relationship between Garden Pizza and the owner of the website from which it is made, nor the knowledge and acceptance by Garden Pizza of the contents, services and/or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
Garden Pizza, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programmes necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties relating to the matter and signed by Spain.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of Delivery de pizzas gourmet, are expressly prohibited without the authorisation of Delivery de pizzas gourmet.
The User undertakes to respect the intellectual and industrial property rights of Delivery de pizzas gourmet. You may view the elements of the Website or even print them, copy them and store them on the hard disk of your computer or any other physical medium as long as it is exclusively for your personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.
In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, he/she must immediately notify Garden Pizza through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
Garden Pizza reserves the right to bring any civil or criminal action it deems necessary for the improper use of the Website and its Contents, or for the breach of these Conditions.
The relationship between the User and Garden Pizza will be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.
Last modified: 22 February 2022