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INDEX:
I.- GENERAL CONDITIONS OF USE OF THE SITE AND CONDITIONS FOR THE PROVISION OF SERVICES BY PASTIFICIO SERVICE, S.L. (Private Limited Company) TO USERS.
1) SITE OWNERSHIP
2) GENERAL CONDITIONS OF USE OF THE SITE
2.1.- Introduction
2.2.- Intellectual and industrial property
2.3.- Liability of PASTIFICIO SERVICE, S.L. (Private Limited Company)
2.4.- User obligations
2.5.- Communication
2.6.- Nullity of terms
2.7.- Applicable law and jurisdiction
3) CONDITIONS FOR THE PROVISION OF SERVICES BY PASTIFICIO SERVICE, S.L. (Private Limited Company) TO USERS
3.1.- Background information
3.2.- Claims
II.- PERSONAL DATA PROTECTION POLICY.
1.- Data Controller
2.- Purpose of data processing
3.- User data transfer
4.- Responsibility of the user
5.- Right to access, modify, cancel and oppose.
6.- Personal data security
7.- Modifications to the privacy policy
I.- GENERAL CONDITIONS OF USE OF THE SITE AND CONDITIONS FOR THE PROVISION OF SERVICES BY PASTIFICIO SERVICE, S.L. (Private Limited Company) TO USERS.
1) SITE OWNERSHIP
In compliance with the general information obligation included in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform that the details of the owner in charge of the site are the following:
REGISTERED NAME: PASTIFICIO SERVICE, S.L. (Private Limited Company), subsidiary company belonging toAmRest Holdings, SE (www.amrest.eu).
Fiscal ID Number: B-25452566
REGISTERED ADDRESS: Polígono Industrial Camí dels Frares, Calle E, Parcela 47, Lleida, Spain.
REGISTER OF COMPANIES OF MADRID: 1st entry on page L-12082, book 640 general section, sheet 107 et seq. in volume 23191, 8th section, on 3 May 2000.
For the sake of clarity, PASTIFICIO SERVICE, S.L. (Private Limited Company) shall be hereinafter called PASTIFICIO SERVICE.
2) GENERAL CONDITIONS OF USE OF THE SITE
2.1.- Introduction
These General Conditions of Use of the Site, together with the general contract conditions governing the service provision, and/or any specific conditions that may be established, are aimed at regulating the provision of information and business/contractual relations that may arise between PASTIFICIO SERVICE and the users of the site.
You become a 'user' by browsing this site and/or using the services included herein. By browsing and/or using any of the services in this site, you completely agree, as a user, to each one of these General Conditions of Use, General Contract Conditions that govern the provision of services in the site, and if applicable, Specific Conditions that may be in place regarding the service provision.
PASTIFICIO SERVICE shall be able to modify, at any time and without prior notice, these General Conditions and/or specific conditions that may be included if applicable, by publishing these modifications on the website in order to make them known to Users.
2.2.- Intellectual and industrial property. No linking
All the contents shown in the site, especially designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial pictures or any other signs liable to be used industrially or commercially are subject to intellectual and industrial property rights belonging to PASTIFICIO SERVICE.
In no case shall any licence be given and these rights shall not be waived, transmitted, transferred totally or partially, and no right or expectation of a future right, especially to alter, exploit, reproduce, distribute or publicly communicate said contents is conferred without prior express authorisation from PASTIFICIO SERVICE.
Users shall not be able to put any links to the website on other websites without prior express authorisation from PASTIFICIO SERVICE.
The links on the PASTIFICIO SERVICE website, unless otherwise stated, are purely for information purposes and in no case suggest, invite to or recommend them. These links do not involve a relationship between PASTIFICIO SERVICE and the people or companies owning these websites to which these links lead. Users shall not be able to alter, change, modify or adapt these websites. PASTIFICIO SERVICE reserves the right to revoke unilaterally and at any time the links that appear on the websites. PASTIFICIO SERVICE is not responsible for the contents of any chat or forum, or any type of communication, which are linked to these linked sites, and will cooperate, if it is so required by court order or the competent authorities, to identify the people responsible for contents that go against the law.
All brands in their generic sense on La Tagliatella website are protected by law.
2.3.- Liability of PASTIFICIO SERVICE
i. PASTIFICIO SERVICE shall be liable for damages that Users may suffer because of using the website, when said damages are directly caused by fraudulent or negligent action by the company, and when the Users are not responsible or negligent. There shall be no fraudulent or negligent action by PASTIFICIO SERVICE if the company proves it has complied with legal requirements and has taken other measures required by the nature of the service.
ii. The Information Society Services offered on the website and not subject to prior contracting are offered to Users without any compensation and the only obligation Users will have is to comply with the rules for use established in this Legal Notice. PASTIFICIO SERVICE does not have the obligation, therefore, regarding these services, to comply with certain levels of availability of the website, or to take specific security measures. Likewise, PASTIFICIO SERVICE shall be able to suspend, remove or cancel, partially or totally, the services not subject to contract at any time and without prior notice.
iii. PASTIFICIO SERVICE shall not provide the internet connection required to access the service and this is up to the Users. This website has been designed to be used with the following browsers: Internet Explorer 7 (or later version), Mozilla Firefox and Google Chrome. and PASTIFICIO SERVICE shall not be liable for damages, of any kind, that Users may suffer because of using other browsers or different versions to those for which the website was designed.
iv. Users are informed that communications through open networks are not secure. It is the Users' responsibility to take appropriate technical measures to reasonably control damages and prevent damage to their equipment, data loss and theft of confidential information.
v. PASTIFICIO SERVICE shall not be liable for damages that may arise from the following, but not limited to: (i) Interferences, omissions, interruptions, computer viruses, breakdown and/or disconnection of the electronic system operation or computer devices and equipment, caused by reasons alien to PASTIFICIO SERVICE, that may hinder or delay the provision of services or of browsing; (ii) Delays or blockages in the usage caused by network problems or overload, or in other electronic systems that may be caused by third parties by illegal interference and that cannot by attributed to PASTIFICIO SERVICE; (iv) Difference between the information, documentation and/or other contents in the website and electronic and printed versions; (v) If it is impossible to provide the service or enable access caused by reasons that cannot be attributed to PASTIFICIO SERVICE, included situations of force majeure.
vi. Users are responsible for how they use the services and/or data, and/or information supplied to them, by this website, and they do so at their own risk. Specifically, PASTIFICIO SERVICE does not guarantee that Users will use the site in accordance with the law, these General Conditions, morality and generally accepted good manners and public order, and does not guarantee that they will use it diligently and prudently.
vii. Likewise, and in the case of Users who are minors or disabled, their parents, representatives or guardians shall be entirely responsible for how these Users use the website, and they must accompany, supervise or take necessary precautions while they are browsing these websites. Therefore, and without prejudice to the contents of the Legal Notice, as parents, representatives or guardians, they will be responsible for their minors or wards when they access PASTIFICIO SERVICE's services, products or contents, or when they sign up, so we recommend that they accompany, supervise or take necessary precautions (rules that limit the time on the computer, location of the computer in a common area in the house, etc.) while they browse the websites.
viii. Additionally, we would like to remind Users that some browsers enable you to configure them in order to restrict access to certain pages to children or other people. However, we recommend that you help them to browse because some websites may not be classified.
2.4.- User obligations
i. In general, Users undertake to comply with these General Conditions of Use, and Specific Conditions if applicable, as well as to comply with special warnings or instructions for use included in the conditions or in the site.
ii. Users must use the services on this site legally in accordance with current legislation, abiding by intellectual property laws of PASTIFICIO SERVICE or those of third parties.
iii. In this sense, Users guarantee that activities that they carry out through the website shall be in accordance with the law, morality, public order, good manners and in no case shall they be offensive to the good name and business image of PASTIFICIO SERVICE, other Users of the site or third parties.
iv. Users shall use the service diligently and shall not use the services provided by PASTIFICIO SERVICE to carry out any action that damages the contents or hinders the good operation of the website, and by using it they expressly undertake not to cause technical problems of any nature, transfer elements that may carry computer viruses, or damage, interfere with or intercept the website totally or partially, as well as not intervening or altering other Users' e-mail.
2.5.- Communication
For any issues regarding these General Conditions and for any communication that may be needed between PASTIFICIO SERVICE and Users, they must contact the Customer Service by e-mail (by sending a message to: cliente@latagliatella.es) or by writing to the Marketing Department: Departamento de Marketing, PASTIFICIO SERVICE S.L. (Sociedad Unipersonal), Calle Enrique Granados, 6, Edificio B, Nivel 1, Of. 6, Pozuelo de Alarcón (Madrid), Spain.
Any communication from PASTIFICIO SERVICE to Users shall be carried out using details given by the Users when signing up to the website.
2.6.- Nullity of terms
If any content in these General Conditions of use of the website was declared totally or partially void or ineffective, said declaration would only affect the content or part of it that is void or ineffective, and the rest of General Conditions would remain in force, and said content or the part of it that is affected would be considered non-existent, except if it were essential to these General Conditions and affected them as a whole.
2.7.- Applicable law and jurisdiction
These General Conditions to access, browse and use the website, as well as any relationship between Users and PASTIFICIO SERVICE shall be governed by Spanish law.
The parties expressly waive their own jurisdiction and will be subject expressly to the Courts of Madrid to solve any controversy that may arise regarding the interpretation or execution of these contract conditions.
3) CONDITIONS FOR THE PROVISION OF SERVICES BY PASTIFICIO SERVICE TO USERS
3.1.- Background information
These General Conditions of Contract, together with the Specific Conditions if applicable, shall expressly regulate the relationship between PASTIFICIO SERVICE, with Fiscal ID Number: B25452566, and registered address at Polígono Industrial Camí dels Frares, Calle E, Parcela 47, Lleida (Spain), and Users through the website.
By using or providing any of the services in the website, Users accept, with no reservations, each one of the General Conditions of Contract, the General Conditions of Use of the Site, and the Specific Conditions.
PASTIFICIO SERVICE informs that the proceedings to obtain the provision of the offered services are those described in these general conditions, as well as in any other specific conditions stated on the screen while browsing, so Users declare they know and accept said proceedings as necessary in order to access the services offered in the site.
3.2.- Claims:
PASTIFICIO SERVICE has a complaint form available to customers in the specific establishment. We recommend that Users process their claim in the establishment in charge of the effective provision of the service.
II.- PERSONAL DATA PROTECTION POLICY
1.- Data Controller
In compliance with Organic Law 15/1999, of 13 December, on Personal Data Protection, and Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, Users are informed and they expressly allow their personal data provided through this website, www.latagliatella.es (hereinafter, the Website) to be included in the “WEBSITE USERS” file, managed by PASTIFICIO SERVICE, S.L. (Private Limited Company), with registered address at Polígono Industrial Camí dels Frares, Calle E, Parcela 47, Lleida (Spain), who guarantees full compliance at all times with current legislation on personal data protection.
2.- Purpose of data processing
Users do not have to provide any personal information to visit the Website. PASTIFICIO SERVICE informs Users and they expressly allow their personal data provided voluntarily to PASTIFICIO SERVICE when filling in the registration form on the Website to be processed in order to comply with legal and contractual obligations regarding said Users, specifically because of the possibility of owning a franchise, using the list of jobs available, to be possible suppliers, for specifically aimed surveys, as well as to send commercial communication by e-mail. This personal data shall be processed in accordance with the limitations and rights included in Organic Law 15/1999 on Personal Data Protection, within the legal framework established by Spanish law. If Users do not wish to receive commercial information they can inform us at the following address: clientes@latagliatella.es
When collecting the data, it shall be stated that it is voluntary or mandatory. If Users fail to provide mandatory information, the service will not be provided and they will not be able to gain access to the service they were applying for. The mandatory information that Users must provide to PASTIFICIO SERVICE in order to get in contact with them are: name and surname, ID Card Number, Address, Town and Province, Telephone, e-mail address, times to be contacted, Location Details and CV.
3.- User data transfer
Clients or Users are informed and expressly allow their personal data provided to PASTIFICIO SERVICE to be transferred, exclusively for the purposes stated in the first paragraph, to other companies in the group within the restaurant sector, as well as to other companies related to our activities or promotions (leisure, travel, food, telecommunications, culture and services) that collaborate now or in the future with PASTIFICIO SERVICE. Clients or Users can always revoke their authorisation for their data to be processed or transferred in the way set out in this paragraph, without the law being applied retroactively, in accordance with the provisions set out in Articles 6 and 11 of Organic Law 15/1999 of 13 December.
4.- Responsibility of users
Users shall not include in the free text fields on the Website personal data of third parties or personal data regarding an ideology, union membership, religion, beliefs, racial origin, health or sex life. If Users do not comply with this condition, they will answer before PASTIFICIO SERVICE and third parties that may be damaged by said breach.
Users shall be entirely responsible for the access to services, products, contents, and the registration in any of the forms asking for personal data on our website. If Users are minors or disabled, it shall be the responsibility of their parents, representatives or guardians, and they must accompany the Users at all times, supervise or take necessary measures while browsing websites.
PASTIFICIO SERVICE also informs that it is impossible to check whether the personal data provided are true or accurate, so it recommends that they supervise their children or wards while these are signing up. PASTIFICIO SERVICE shall manage requests by parents or guardians to access, cancel, modify and oppose the data of minors or disabled people, without affecting their right to get in contact with us to issue warnings deemed necessary, by any of the means that have already been mentioned.
Users also undertake to hold PASTIFICIO SERVICE blameless in case of a claim that may be lodged against it (specifically, if an inquiry is held by the Spanish Data Protection Agency caused by Users not complying with the obligations included in this Privacy Policy, as well as current legislation at all times regarding personal data protection, and Users agree to pay the amount of a fine, compensation, damages and interests that may be imposed on PASTIFICIO SERVICE, including legal fees, because of said non-compliance).
5. Right to access, modify, cancel and oppose.
In accordance with the provisions set out in Organic Law 15/1999 of 13 December on Personal Data Protection, Clients or Users are informed about the right to access, modify, cancel or oppose, according to the terms set out in current legislation, and PASTIFICIO SERVICE shall manage the automated file. Users or Clients may write to the company, stating “Protección de datos” (Data Protection) on the envelope, to the Marketing Department: Departamento de Marketing de PASTIFICIO SERVICE, S.L. (Sociedad Unipersonal), calle Enrique Granados, 6, Edificio B, Nivel 1, Of. 6, Pozuelo de Alarcón (Madrid), Spain, or by e-mail to the following address: cliente@latagliatella.es
6.- Personal data security
PASTIFICIO SERVICE undertakes to comply with its obligation of secrecy of the personal data of Users, and to store them, and shall take as many technical and organisational measures as necessary to ensure that the personal data are secure, and to prevent their alteration, loss, unauthorised processing and access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed, either caused by human action or the physical or natural environment.
7.- Modifications to the privacy policy
PASTIFICIO SERVICE reserves the right to modify, without prior notice and at any time, the contents of any or all of the terms in this Privacy Policy, in order to adapt them to current legislation or to the operation and inclusion of new services. If said modification takes place, PASTIFICIO SERVICE undertakes to publish the changed or updated Privacy Policy appropriately on the Website, so that it is available to Users and any other interested party.
In any case, the latest Privacy Policy accepted by the User shall be applicable.
