Legal Notice

TABLE OF CONTENTS

1.- GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND TERMS AND CONDITIONS FOR PROVIDING SERVICES BETWEEN PASTIFICIO SERVICIOS, S.L. (Sole Shareholder Company) AND THE USERS.

1) WEBSITE OWNERSHIP

2) GENERAL TERMS AND CONDITIONS FOR USE OF WEBSITE

2.1.- Introduction

2.2- Intellectual and industrial property

2.3- Liability of PASTIFICIO SERVICE, S.L. (Sole Shareholder Company)

2.4- User obligations

2.5- Communications

2.6.- Nullity of clauses

2.7.- Applicable Law and Jurisdiction

3) TERMS AND CONDITIONS FOR PROVIDING SERVICES BY AND BETWEEN PASTIFICIO SERVICE, S.L. (Sole Shareholder Company) AND THE USERS

3.1.- Preliminary information

3.2.- Complaints

II.- PERSONAL DATA PROTECTION POLICY

1.- File manager

2.- Purpose of personal data processing

3.- Assignment of user data:

4.- User liability

5.- Rights of access, rectification, cancellation and opposition.

6.- Personal data security

7.- Privacy policy modifications

 

I.- GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND TERMS AND CONDITIONS FOR PROVIDING SERVICES BETWEEN PASTIFICIO SERVICIOS, S.L. (Sole Shareholder Company) AND THE USERS.

1) WEBSITE OWNERSHIP

Pursuant to the general information obligation contained in Article 10 of Law 34/2002 of July 11 on Information Society and Electronic Commerce Services, we inform you that the details that identify the website owner are as follows:

COMPANY NAME: PASTIFICIO SERVICE, S.L. (Sole Shareholder Company), a subsidiary belonging to AmRest Holdings, SE Group (www.amrest.eu).

TIN: B-25452566

CORPORATE DOMICILE: Polígono Camí dels Frares, Calle E, Parcela 47, Lleida, España.

MADRID TRADE REGISTRY: Entry 1 on sheet number L-12082, volume 640 general section, page 107 et seq of volume 23.191, section 8, of May 3, 2000.

For clarification purposes, PASTIFICIO SERVICE, S.L. (Single Shareholder Company) shall be identified in all documents as PASTIFICIO SERVICE.

2) GENERAL TERMS AND CONDITIONS FOR USE OF WEBSITE

2.1.- Introduction

These General Website Use Terms and Conditions, together with the general contracting terms and conditions that govern service provision, and/or the special terms and conditions that may be established, aim to regulate making information available as well as business/contractual relations that arise by and between PASTIFICIO SERVICE and the Website users.

Through navigating the Website and/or through using the services included therein, you acquire the capacity of User. Both navigation and use and/or use of any of the Website’s services, mean acceptance as User, without reservations of any kind, of each and every one of these General Contracting Terms and Conditions that, as the case may be, govern provision of the services offered at the Website, as well as, if as the case may be, the Special Terms and Conditions that, as the case may be, might exist in connection with providing the services.

PASTIFICIO SERVICE may, at all times, and without prior notice, modify these General Terms and Conditions and/or the special terms and conditions that, as the case may be, are included, via posting of said modifications on the Website so that they may be learned by the Users.

2.2.- Intellectual and industrial property Link prohibition

All content shown on the Website, and especially, designs, texts, graphics, logos, icons, buttons, software, trade names, brands, industrial drawings or any other signs subject to industrial and commercial use are subject to PASTIFICIO SERVICE’S intellectual and industrial property rights.

Under no circumstances shall it be deemed that any license is granted or that a waiver, transfer, assignment, total or partial, of such rights are made nor is any right or expectation thereof granted, and especially, of alteration, exploitation, reproduction, distribution or broadcast of such content without express prior authorization from PASTIFICIO SERVICE.

No link to the Website may be established from any other website without prior and express consent from PASTIFICIO SERVICE.

The existence of links at the PASTIFICIO SERVICE website, unless expressly stated otherwise, has a merely informational purpose and under no circumstances entails a suggestion, invitation or recommendation thereof. These links do not represent any type of relationship between PASTIFICIO SERVICE and the private individuals or companies owning the websites that may be accessed via these links. These websites may not be altered, changed, modified or adapted. PASTIFICIO SERVICE reserves the right to remove the links that appear on the websites unilaterally and at any time. PASTIFICIO SERVICE does not assume liability for the content of any forum or debate (chat) or any type of transmission linked to these link pages, and it shall cooperate, if required by court order or by the relevant authorities, in identifying the persons responsible for those contents that violate the law.

Brands in their general sense contained in the La Tagliatella website are protected by law.

2.3.- PASTIFICIO SERVICE’S Liability

i. PASTIFICIO SERVICE shall be liable for the damage and loss that the User may suffer as a result of Website use when said damage is directly attributable to this company’s wrongdoing or negligence, and the User’s action shall not entail guilt or negligence. There shall not be, in any event, wrongdoing or negligence by PASTIFICIO SERVICE when it proves that it has met the requirements and prerequisites established by law and regulations and all other care and proceedings that the nature of the service demands.

ii. The Information Society Services offered on the Website not subjected to prior contracting are offered to the Users without any consideration whatsoever and solely entail for the User the obligation to fulfill the user regulations provided herein. PASTIFICIO SERVICE therefore does not have, with respect to these services, the obligation to fulfill certain Website availability levels or adopt specific security measures. Likewise, PASTIFICIO SERVICE may suspend, withdraw or cancel, partially or totally, the services not subject to contracting at any time, and without the need for prior notice.

iii. The necessary Internet connection to access the service is under no circumstances supplied by PASTIFICIO SERVICE and is the User’s responsibility. This website has been designed to support browsers, and PASTIFICIO SERVICE is not liable for the damages, of any type, that may be caused to Users by use of other browsers or different versions of the browsers for which the website was designed.

iv. The User is informed that communication via open networks is not secure. It is the User’s responsibility to adopt all appropriate technical measures to reasonably control these risks and avoid damage to their computers, data loss and theft of confidential information.

v. PASTIFICIO SERVICE may use cookies when a User navigates on the Website’s sites and pages. The cookies that may be used on the Website’s sites and pages are solely associated with the browser on a certain computer (an anonymous User) and do not provide in themselves the User’s first and last names. Through cookies, PASTIFICIO SERVICE may recognize Website content preferences selected in previous visits by Users in order to remember their preferences without their having to return to select them on subsequent visits. The cookies used cannot read cookie files created by other providers. The User has the possibility of configuring his/her browser to be notified on screen of the receipt of cookies an to prevent installation of cookies on his/her hard drive. To use the Website, it is not necessary for the User to allow cookies sent by PASTIFICIO SERVICE to be installed, notwithstanding the fact that, in such case, it shall be necessary for the User to have to make this selection each time he/she visits the Website. The cookies used on the Website’s sites and webpages may be served by PASTIFICIO SERVICE, in which case they are served from the different servers operated by it, or from servers belonging to certain third parties who provide services to PASTIFICIO SERVICE and serve the cookies on behalf of PASTIFICIO SERVICE. Provided he/she has not activated the option preventing cookies from being installed on his/her hard drive, the User may explore his/her hard drive by following his/her operating system instruction and help manual.

vi. PASTIFICIO SERVICE is not liable for the damages that may arise from, including but not limited to: (i) Interference, omission, interruptions, computer viruses, breakdowns and/or disconnections in the operation of the electronic system or in the computer devices and equipment, caused by reasons beyond PASTIFICIO SERVICE, that prevent or delay provision of services or navigation; (ii) Delays or blocking of use caused by Internet deficiencies or overloads or in other electronic systems that may be caused by third parties via illegal interference that are not attributable to PASTIFICIO SERVICE; (iv) Divergence of information, documentation and/or other Website content that might exist between the electronic and print versions; (v) The impossibility of providing the Service or allowing access due to reasons not attributable to PASTIFICIO SERVICE, including cases of force majeure.

vii. The use that Users may make of the services and/or data and/or information supplied to them through this webpage shall be made on the User’s own account and at his/her own risk. Specifically, PASTIFICIO SERVICE does not guarantee under any circumstances that Users shall use the Website pursuant to law, these General Terms and Conditions, morals and generally accepted etiquette and law and order, nor that they shall do so diligently and prudently.

viii. Likewise, and in the case of minor or disabled Users, use of the website shall be under the entire responsibility of their parents, legal representatives or guardians, and they must accompany, supervise or take the appropriate precautions during their navigation on the webpages. Therefore, and notwithstanding everything provided as a Legal Notice, in their capacity as parents, legal representatives or guardians, they shall be responsible for their minor children or wards access the services, products or contents of PASTIFICIO SERVICE or that they register, whereby we recommend that they accompany, supervise or take the appropriate precautions (computer use time rules, computer location in shared area of the house, etc.) during their navigation on the webpages.

ix. Together with this, we remind you that some browsers allow you to modify their configuration so that children or other persons cannot access certain pages. Even so, we recommend that you attend navigation because certain websites may not have been classified.

2.4- User obligations

i. The User is generally required to fulfill these General Terms and Conditions of Use, if applicable the Special Terms and Condition that may be applicable as well as fulfilling the special warnings or instructions for use contained therein or on the Website.

ii. At all times, the User must make legal use of the services on this website pursuant to valid laws, thereby respecting PASTIFICIO SERVICE’S or third party intellectual property rights.

iii. In this sense, the User guarantees that the activities it conducts via the Website shall be adapted to law, morals, law and order, etiquette, and, under no circumstances shall they be offensive for the good name and commercial image of PASTIFICIO SERVICE, other website Users or for third parties.

iv. The User shall apply proper diligence to the nature of the service that he or she enjoys and shall not perform, through the services that PASTIFICIO SERVICE makes available to him/her, any action that may cause damage or alteration to the contents or hinder the Website’s operation, thereby expressly undertaking due to the sole use thereof to not cause technical problems of any kind, transfer elements prone to carry computer viruses or damage, interfere or intercept, totally or partially, the website as well as to not intervene or alter other Users’ e-mail.

2.5- Communications

For the purpose of these General Terms and Conditions and for any necessary communication by and between PASTIFICIO SERVICE and the User, they should be addressed to the Customer Service Department via an e-mail (sending a message to: cliente@www.latagliatella.es) or via written communication addressed to the Marketing Department, PASTIFICIO SERVICE S.L. (Sociedad Unipersonal), Calle Enrique Granados, 6, Edificio B, Nivel 1, Of. 6, Pozuelo de Alarcón (Madrid).

Communications by PASTIFICIO SERVICE to the User shall be made pursuant to the data provided by the User upon registering on the website

2.6.- Nullity of clauses.

If any content in these General Terms and Conditions on website use is declared either totally or partially void or ineffective, said declaration shall affect only the contents or part thereof that is void or ineffective, and the rest of the General Terms and Conditions shall subsist, and such content or part thereof affected as not placed there, unless, due to being essential to these General Terms and Conditions, it should affect them integrally.

2.7.- Applicable Law and Jurisdiction

These General Terms and Conditions of website access, navigation and use, as well as any relationship between the User and PASTIFICIO SERVICE, shall be governed by Spanish law.

The parties expressly waive the jurisdiction to which they may be entitled and expressly subject themselves to the Courts and Tribunals of Madrid to resolve any controversy that may arise in interpreting or executing these contractual terms and conditions.

3) TERMS AND CONDITIONS FOR PROVIDING SERVICES BY AND BETWEEN PASTIFICIO SERVICE AND THE USERS

3.1.- Preliminary information:

These General Contracting Terms and Conditions, together, as the case may be, with the Special Terms and Conditions that may be established, shall expressly regulate the relations that PASTIFICIO SERVICE, TIN: B25452566, corporate domicile at Polígono Industrial Camí dels Frares, Calle E, Parcela 47, Lleida enters into with Users through the Website.

The use and/or provision of any of the Website’s services entail acceptance as a User, without reservations of any kind, of each and every one of the General Contracting Terms and Conditions, the General Website Use Terms and Conditions as well as the Special Terms and Conditions.

PASTIFICIO SERVICE informs that the procedures to obtain provision of the services offered are those described in these general terms and conditions, as well as those other specific ones indicated on screen during browsing, so that the User declares that he/she knows and accepts said procedures as necessary for accessing the services offered on the Website.

3.2.- Complaints:

PASTIFICIO SERVICE has Complaint Sheets available to its customers at the above-mentioned establishment. We recommend Users to file their claim at the establishment in charge of effectively providing the services.

II.- PERSONAL DATA PROTECTION POLICY

1.- File manager

Pursuant to Organic Law 15/1999 of December 13, on Personal Data Protection (LOPD are the initials in Spanish and Law 34/2002, of July 11, on Information Society and Electronic Commerce Services (LSSI are the initials in Spanish), the Users are informed and they expressly consent that the personal data they provide us with through the website, www.latagliatella.es (hereinafter the Website) shall be incorporated into the “WEBSITE USER” file, the responsibility of PASTIFICIO SERVICE, S.L. (Sole Shareholder Company), with corporate domicile at Polígono Industrial Camí dels Frares, Calle E, Parcela 47, Lleida, that guarantees full compliance of valid personal data protection regulations at all times.

2.- Purpose of personal data processing

Viewing this Website does not mean that the User is required to provide any information about him or herself. PASTIFICIO SERVICE informs the Users, and they expressly consent that the personal data that they voluntarily supply to PASTIFICIO SERVICE upon completing the registration form located on the Website shall be processed to comply with the legal and contractual obligations assumed with said Users, especially for the possibility of becoming a franchisee, for use of the job pool, for being possible suppliers, for especially directed surveys, as well as to send sales messages, via e-mail, however, they shall be processed in any event in the manner and with the limitations and rights set forth in Organic Law 15/199 on Personal Data Protection within the framework established by Spanish law. If the user does not wish to receive sales information, he or she may say so at the following e-mail address: clientes@www.latagliatella.es

Upon proceeding to collect the data, the voluntary or mandatory nature of the data being collected shall be indicated. Refusal to provide the data classified as mandatory shall mean non-provision or the impossibility of accessing the service for which they were requested. The mandatory data that the User shall provide to PASTIFICIO SERVICE so that we can contact the User are: first and last names, National Identification Number/Tax Identification Number, Address, Town or City and Province, Phone, e-mail,j Contact Hours, Site Data and CV.

3.- Assignment of user data

The Client or User is informed and expressly consents that his or her personal data, provided to PASTIFICIO SERVICE, may be assigned, exclusively for the purposes referred to in paragraph one, to other group companies within the restaurant industry as well as to companies with like business and promotions (leisure, travel, food, telecommunications, culture and services) that collaborate, presently or in the future, with PASTIFICIO SERVICE. The Client or User’s acceptance so that his/her data may be processed or assigned in the manner established in this paragraph is always revocable, without retroactive effects, pursuant to Articles 6 and 11 of Organic Law 15/1999 of December 13.

4.- User liability

The User is prohibited from including personal data about third parties as well as personal data about ideology, union affiliation, religion, beliefs, racial origin, health and sex life in the Website’s free text fields. Should the User breach this obligation, he or she shall be liable to PASTIFICIO SERVICE and third parties for the damages and/or losses that may be caused due to said breach.

Access to services, products, contents or registration on any of the personal data application forms existing on our website shall be gained under Users’ full liability. If they are minors or disabled persons, it shall be done under the full liability of their parents, legal representatives or guardians, and they must, in any event, accompany and supervise or take appropriate precautions during their navigation on the webpages.

PASTIFICIO SERVICE also informs the impossibility of making verifications on the veracity and accuracy of personal data provided, whereby it recommends for cases of such actions, that they supervise the registration process of their children or wards. As the case may be, PASTIFICIO SERVICE shall manage the applications arising from parents or guardians exercising their rights of access, cancellation, rectification and opposition of the minors’ or disabled persons’ data, notwithstanding the fact that they may contact us to make the warnings they see fit, through any of the above-mentioned media.

Moreover, the User is required to hold PASTIFICIO SERVICE harmless for any claim that may be filed against it (especially in the event of opening any type of file by the Spanish Data Protection Agency due to the User’s breach of obligations set forth in this Privacy Policy, as well as in personal valid personal data protection laws at any given time, as well as valid personal data protection laws at any given time and he/she accepts to  pay the amount to which PASTIFICIO SERVICE may be sentenced as a sanction, fine, indemnification, damage, losses and interests, including attorney fees, due to the above-mentioned breach).

5. Rights of access, rectification, cancellation and opposition.

Pursuant to Organic Law 15/1999 of December 13 on Personal Data Protection, the Client or User is equally informed of the possibility of exercising rights of access, rectification, cancellation and opposition, in the terms established in valid laws, PASTIFICIO SERVICE being responsible for the automated file, and may write the Marketing Department of PASTIFICIO SERVICE, S.L. (Sociedad Unipersonal), calle Enrique Granados, 6, Edificio B, Nivel 1, Of. 6, Pozuelo de Alarcón (Madrid), España indicating “Data protection” on the envelope or via e-mail at the following address: cliente@www.latagliatella.es

6.- Personal data security

PASTIFICIO SERVICE undertakes to fulfill its obligation to maintain secrecy of the Users’ personal data and its duty to guard them and shall adopt the necessary technical and organizational measures that guarantee the security of personal data and prevent their alteration, loss, processing or unauthorized access, taking into account the state of technology, nature of the stored data and risks to which they are exposed, whether from human action or the physical or natural medium.

7.- Privacy policy modifications

PASTIFICIO SERVICE reserves the right to modify, without the need for prior notice, and at any time, the content of all or some of the points set forth in this Privacy Policy in order to adapt them to applicable valid regulations at any given time or to the operation or incorporation of new services. Should the above-mentioned modification take place, PASTIFICIO SERVICE undertakes to publish the modified or updated Privacy Policy in an appropriate spot on the Website so that it shall be available to the Users, as well as any other interested person.

In any event, the last Privacy Policy accepted by the User shall be applicable.