Legal Notice & Privacy Policy

Date: 24 May 2018

Please read this legal notice, privacy policy and cookies policy carefully to find out how we process your personal data and we use cookies. The use of this website implies acceptance of our privacy and cookies policy. If you do not agree, do not use this site.

1. DISCLAIMER

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 "Web") as well as the services offered are managed by SIGLA, S.A. (hereinafter, “Sigla“), which has a registered address in Madrid (Spain) at Camino de la Zarzuela, 1 (28023 Madrid) and is assigned Spanish tax identification no. A/28308484, as registered with the Trade Register of Madrid in Volume 645, on Folio 69, Page number M-13490, entry 118. The contact email address is: legal@grupovips.com.

Sigla 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 www.grupovips.com.

1.2. USERS

Accessing and/or using this Web means you are considered a user (hereinafter, the “USER”).

Simply by accessing this Web and/or viewing and/or using the content or services, you expressly and fully agree to the General Conditions governing the Web described herein (hereinafter, the "TERMS AND CONDITIONS") the privacy policy (hereinafter, the "PRIVACY POLICY") and the cookies policy (hereinafter, the "COOKIES POLICY"). If said Terms and Conditions are fully or partially replaced with others, the new terms and conditions will be understood as accepted exactly as outlined above.

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.

If you have any questions about the Terms and Conditions and/or the Privacy Policy and/or Cookies Policy, you may send an email to: legal@grupovips.com or to webmaster@grupovips.com.

1.3. WEBSITE CONTENT AND SERVICES

The User hereby acknowledges and agrees that any data relating to Sigla or the Group of an economic - financial - strategic nature (hereinafter, the "CORPORATE INFORMATION") is provided for informational purposes only.

The Corporate Information has been obtained from reliable sources yet despite having taken reasonable measures to ensure said information is not erroneous or ambiguous, Sigla does not declare or guarantee that it is exact, complete or updated and you shall not trust that it is.

The Corporate Information contained on the Web shall not be considered any type of investment recommendation or financial or any other kind of advice. Nothing included on the Web shall be considered as the basis for any investments or decision-making of any kind.

The Web may include information or content provided by sources other than Grupo Vips, including Web Users. Sigla does not guarantee or assume any liability of any kind regarding the certainty, integrity or accuracy of such information and/or content including cases of defamatory, offensive or illegal elements.

1.4. USE OF THE WEB

The Web provides Users with access to a multitude of information, services, programs and data (hereinafter, the “CONTENT") over the Internet belonging to Sigla or Grupo Vips.

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 Grupo Vips 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 User hereby undertakes to adequately use the Content that Sigla or Grupo Vips offers through the Web and not to use it for any other purpose including but not limited to: (i) engaging in unlawful or illegal activities or any activities that are contrary to good faith, morality, good practice and/or public order or security; (ii) disseminating content, comments or propaganda of a racist, xenophobic or pornographic nature or which defend terrorism, violate youth or children's rights or human rights; (iii) causing damages to Sigla's or the Group's physical and software systems or that of its suppliers or any third parties or manipulating said systems or introducing or spreading any type of computer or other virus through the Net or any other physical or software systems that are susceptible to causing the aforementioned damages (iv) attempting to access and, as applicable, using or manipulating other users' email accounts and modifying or manipulating their messages or violating their privacy or intimacy or any other of their fundamental rights or undertaking any action that prevents or hinders access to the Web by other users; (v) introducing, storing or disseminating any comment and/or content that violates any of Sigla's, the Group's or any other third party's rights, particularly their intellectual or industrial property rights, through any means or medium; (vi) using the Content to promote, sell, contract, advertise or disclose your own information or that of third parties without prior, express and written authorization from Sigla; (vii) taking any action that involves the reproduction, distribution, copying, rental, sale, public disclosure, transformation or any other action that involves the modification or alteration of all or part of the Content of this Web or exploiting them for profit or for free without prior and written authorization from Sigla; (viii) using the Content offered through said Web in a way that is contrary to the Terms and Conditions of use and the privacy policy and special conditions regulating the use of a certain service and/or content.

Likewise, the User hereby acknowledges and agrees that the Web and Content and/or Services provided will be used for strictly personal, private and individual purposes. The User is expressly prohibited from authorizing third parties to fully or partially use the Web or enter and/or include the Content and/or Services included in it as or in their own business activity. The use or application of any technical, software or technological resources by virtue of which Users may directly or indirectly benefit with or without profit of the unauthorized exploitation of the Content and/or Services or the Web itself is expressly prohibited.

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.

1.5. DATA PROTECTION

Sigla complies with the data protection directives outlined in current laws and regulations 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.

1.6. 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, Grupo Vips or, where applicable, its licensees.

The User hereby undertakes not to remove, delete, alter, manipulate or in any way modify:

  1. Any notes, legends, indications or symbols that either Sigla or the legitimate rights holders include with their intellectual or industrial property (such as for example, copyright, ©, ® and ™, etc.).

  2. The technical protection or identification mechanisms the Content may contain (such as for example, watermarks, fingerprints, etc.).

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 Grupo Vips.

In any case and without prejudice to the foregoing, any information and/or content sent by third parties to the public sections of this Web via email or any other method will imply the granting of a non-exclusive and transferrable license in favor of Sigla and Grupo Vips without any time limit for the entire world and for free to reproduce, store, edit, modify, publish, include in databases, publicly communicate, transfer, view, distribute, represent or in any other way, commercially exploit through any method with the possibility of the alteration, transformation and modification thereof without any right to compensation, indemnity or reimbursement or the payment of any fees or other economic or other rights to the Users. Sigla reserves the right to publish, reject or delete the aforementioned information and/or content at its sole discretion.

The User hereby acknowledges and agrees that Sigla may conserve and reveal the information it stores or make it available to third parties on the Web whenever:

  1. Required to do so by the competent authorities and organizations;

  2. Necessary to fulfill the Terms and Conditions;

  3. Appropriate or necessary to respond to claims relating to violations or breaches of rights; or

  4. Appropriate or necessary in order to protect the legitimate interests of Sigla, its users and the public in general.

The User must abstain from deleting, altering, eluding or manipulating any protective mechanism or security system installed on the Web.

1.7. LIMITATIONS ON LIABILITY

Neither Sigla nor Grupo Vips 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 Grupo Vips and/or any other user or third party for a breach of these Terms and Conditions.

Sigla and Grupo Vips 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.

1.8. MODIFICATION/UPDATING

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.

The Terms and Conditions and the Privacy Policy and Cookies Policy shall remain in effect indefinitely until modified or replaced either fully or partially with others duly published on the Web.

1.9. 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 Grupo Vips 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.

Any User who intends to establish a hyperlink between their website and the Web must meet the following conditions:

  1. request prior authorization from Sigla;

  2. not cause confusion among other potential users with respect to the origin and ownership of each one of the websites meaning the link shall only allow access to the homepage and will not create a frame on the Web;

  3. the website where the link is established shall not contain any false, inaccurate or illegal information or content that is contrary to the law, moral conventions, generally accepted customs or public order constitutionally established nor may it contain content that is contrary to third-party rights;

  4. the website where the link is established shall not contain any brand, tradename, trademark, name, logotype, slogan or other distinctive signs belonging to Sigla except signs that are a part of the link itself or other properties that have been previously authorized in writing by Sigla; and

  5. the establishment of the link shall under no circumstance imply the existence of relations between Sigla and the owner of the website where it is established nor acceptance or approval by Sigla of the content or services meaning there must not be any type of statement or understanding that Sigla has authorized the link or supervised or assumed the services made available by the website where the link is established.

Sigla reserves the right to revoke, terminate or modify any authorizations granted in virtue of these Terms and Conditions at any time and for any reason. Without prejudice to the foregoing, Sigla may take legal action against any use by the User which:

  1. Is not compliant with the Terms and Conditions specified herein;

  2. Breaches or violates Sigla's or any other legitimate third-party holder's intellectual or industrial property or similar rights; or

  3. Violates any applicable regulation.

The User will be required to immediately modify or remove any Sigla property on its website or remove any link to the Web when required by Sigla.

Accessing, viewing and, where applicable, downloading the Content and/or Services shall always be done strictly for personal, non-commercial purposes.

1.10. 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.

1.11. 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.

1.12. PROCEDURE FOR REPORTING VIOLATIONS

If any User or third party believes there are facts or circumstances which reveal the illegal nature of the use of any content and/or service or any illegal activity through the Web or the Services provided, they may contact the Legal Department at Sigla's registered address as indicated above, providing the following information:

  1. The full name, national identity document number, address, phone number and email address of the claimant as well as, where applicable, the signature of the holder of the rights supposedly violated or, where applicable, the person authorized to act in their name and behalf.

  2. Indicate the alleged illegal activity and, in particular, a precise and specific description of the protected content as well as the exact location when an alleged violation of intellectual or industrial property rights is involved.

1.13. 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.

2. PRIVACY POLICY

2.1. Personal Data Controller

The data controller of your data is Sigla, S.A. (hereinafter, “Sigla” or the “Data Controller”), the registered address of which is Camino de la Zarzuela, 1, Madrid (CP 28023). If you have any questions about data protection, you may write an email to the following address: oficinaprivacidad@grupovips.com.

2.2. 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:

2.2.1. To manage requests sent through the “Member Services” 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: https://www.grupovips.com/en/legal.

2.2.2. 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.

2.2.3. To manage reservations requested by users

Reservation forms are available to users in order to eat at Club VIPS affiliated restaurants. Sigla will process the necessary data to manage your request and process it. It 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.

2.2.4. To collect information through cookies

You may find the cookies policy at the following link: https://www.clubvips.com/en/legal-terms#cookies-policy.

2.3. 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.

2.4. 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: https://www.clubvips.com/en/legal-terms.

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.

2.5. 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?”.

2.6. 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.

2.7. 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 oficinaprivacidad@grupovips.com.

2.8. 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 a notification to oficinaprivacidad@grupovips.com.

2.9. 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., Camino de la Zarzuela, 1, Madrid (CP 28023) or send an email to oficinaprivacidad@grupovips.com.

In any case, data subjects may contact the Spanish Data Protection Agency, the data protection control authority, at https://www.agpd.es. C/Jorge Juan número 6, 28001, Madrid. Tel. 901 100 099 / 91 266 35 17.

3. COOKIES POLICY

Please read this cookies policy carefully. By using this website, you accept the cookies policy. Otherwise, please do not use this website.

3.1. DEFINITION AND FUNCTION OF COOKIES

A cookie is a file downloaded onto your computer to access certain web pages. Among other things, cookies allow a web page to store and recover information on the browsing habits of the user or his or her system and, depending on the information they contain and the way in which they are used, they can be used to recognise the user, even if the user’s computer changes its location or IP address.

Cookies are installed while browsing the Internet, either by the websites that the user visits or by third parties the website is associated with, and allow the website to know the user's activity on the same site or on others associated with it, for example: the location from which it is accessed, the connection time, the device from which it is accessed (fixed or mobile), the operating system and browser used, the most visited web pages, the number of clicks and data regarding the user's behaviour on the Internet.

3.2. TYPES OF COOKIES USED BY THIS WEBSITE

Sigla uses the following types of cookies on this website:

  • First-party cookies: These are sent to the user’s terminal from a machine or domain managed by the website’s publisher, from which the service requested by the user is supplied.

  • Third-party cookies: These are sent to the user’s terminal from a machine or domain which is not managed by the website’s publisher but is instead managed by another entity that processes the data obtained using cookies.

  • Session cookies: This type of cookie is designed to collect and store data while the user is viewing a website.

  • Persistent cookies: The data collected by this type of cookie remains stored on the users terminal and can be accessed and processed for a specific period by the party responsible for the cookie. This period may last for minutes or years.

  • Analytics cookies: First-party and third-party cookies designed and used to track and analyse user behaviour.

Moreover, it is possible to visit a web page or open an email with an ad or promotion for our products or services that installs a cookie in your browser which helps us later show you advertising related to the searches you make, control our ads in relation to the number of times they are viewed, where they appear, at what time they appear, etc.

3.3. THIRD-PARTY COOKIES

These are sent to the user’s terminal from a domain which is not managed by Sigla but is instead managed by another entity that processes the data obtained using cookies We therefore suggest that you visit the pages of these third parties for more information on the cookies they install and how you can manage them. In order to allow various features, out Page uses cookies from:

Third-party Purpose of the cookie
Google Analytics (analytics cookie)

An analytics web tool allowing site owners to know users’ degree of engagement with their website or app. Google Analytics clients can see various reports describing how users that visit their websites interact, with the aim of improving them. Google Analytics gathers information in an anonymous way, i.e. it reports website trends without identifying users.

Facebook

Facebook installs cookies from the website to customise your online experience (showing you advertising that is relevant to your interests and allows you to "like" things you see on the website, for example).

Google website optimizer (analytics cookie)

Tool to improve usability and user experience while browsing the site and optimise the website. It allows you to test changes to content, architecture, CTAs, etc. as well as obtain behaviour statistics and perform A/B tests, variants and experiments.

Twitter

Twitter installs cookies from this site to customise your online experience (to allow you to write comments on things you see on the website, for example).

New Relic (NREUM, NRAGENT and JSESSIONID)

Web application monitoring service to improve and debug the website. The cookies it uses (NREUM, NRAGENT and JSESSIONID) are used to measure the response time of the Page on users’ browsers.

Hotjar (analytics cookie)

Heat map for analysing user behaviour on different web pages. Hotjar cookies anonymously collect standard registration information and data on visitors' habits. More information: https://www.hotjar.com/terms. They are used to measure web activity and create user navigation profiles to make improvements based on analysis of users’ usage data.

Crazy Egg

It’s a web usability and optimization tool that monitors user activity at a website. Crazy Egg gathers standard registration information and data on visitors habits anonymously. More information: https://www.crazyegg.com/terms. They are used to measure web activity and to prepare user browsing profiles in order to add improvements after analyzing user usage data.

Freshworks (analytics cookie)

Heat map for analysing user behaviour on different web pages. Freshworks, Inc.’s cookies anonymously collect standard registration information and data on visitors' habits. More information: https://www.freshworks.com. They are used to measure web activity and create user navigation profiles to make improvements based on analysis of users’ usage data.

3.4. DISABLING AND DELETING COOKIES

You may allow, block or delete cookies installed on your computer by setting the options for the browser installed on your computer. If you do not allow cookies to be installed in your browser, you may not be able to access some sections of our Website.

For more information, read the help section for your browser or click on the link corresponding to your browser:

3.5. WHAT HAPPENS IF YOU DISABLE COOKIES

Disabling cookies will not prevent you from using this Website, but you will not be able to use all of its features.

3.6. CHILDREN

We are not interested in collecting personal data on minors under 14. If you become aware that such data has been gathered without the express consent of the parents or guardian of the minor, please contact us and we will erase them. By doing so, we are protecting children's rights in full compliance with the law.

3.7. UPDATES TO THE COOKIES POLICY

The Cookies Policy for this Website may be updated at any time and without prior notice in order to adapt it to new laws or due to corporate decisions. We therefore recommend that you read it each time you use the Website in order to be adequately informed of how and why we use cookies at all times.

3.8. CONSENT

By using this Web, you, the User, hereby expressly agree to the processing of the information collected in the ways and for the purposes mentioned above. Moreover, you acknowledge you are aware of the possibility of blocking the processing of such data or information by blocking the use of Cookies by selecting the appropriate setting in your browser. However, blocking Cookies in your browser may limit your full use of all of the Website’s functionalities.

By using this Website, you consent to the possible processing of information on you by third parties and for the purposes mentioned herein.

If you have any questions about this cookies policy, you can contact us by email at: oficinaprivacidad@grupovips.com, indicating “Cookies Policy” in the subject line.