1. Terms and conditions of use

1. INTRODUCTION

These Terms of Use regulate the download, access and use of the mobile application and/or digital totem “Nadie Sin Su Ración Diaria” (from now, “the application” and/or “donation machine”) that FOODRATION4ALL, S.L. makes available to you as a user.

The use of the application and/or donation machine implies full acceptance by the user of all the Conditions of Use in force at each moment in which the user accesses it. Therefore, if he does not agree with any of the conditions established here, he must refrain from using this application and/or donation machine.

FOODRATION4ALL reserves the right to modify, without prior notice, at any time these Conditions of Use, as well as their configuration, location and any other general or particular terms, regulations of use, instructions or notices that may be applicable. Likewise, FOODRATION4ALL reserves the right to suspend, interrupt or stop operating the application and/or donation machine at any time.

2. COMPANY INFORMATION

The application and/or donation machine are property of FOODRATION4ALL, S.L, a spanish company registered indefinitely in virtue of notorial deed granted by Notario del ilustre Colegio de Valencia, Don Joaquin Serrano Yuste, at 22th of february of 2019, with protocol 518 and registered in Registro Mercantil de Castellón, with CIF B-44.520.369 based in Avda. Sos Baynat -UJI- Ed.Espaitec 12071, Castellón de la Plana.

3. PURPOSE, ACCESS, REGISTRATION AND OPERATION OF THE APPLICATION AND DONATION MACHINE

LThe purpose of the application and/or donation machine is to donate food.

Access and registration to the application and/or donation machine by users is free of charge.

Users must register, enter their personal data and create their profile in order to be able to interact with all the content of the application and/or donation machine and become part of the «Nadie Sin Su Ración Diaria» network.

The data entered by users will be stored in a common database so that the user, with a single profile, can access the application and the donation machine indistinctly.

Once registered, the user will be able to capture the QR codes of the supermarket or establishment, indicate an economic amount with subsequent automatic selection of the basket of products, or select from the list of the app or digital totem the products they wish to donate and automatically make the donation of the value of the chosen product. The donation process is carried out in just 30 seconds by the user. Likewise, the application and/or donation machine will have a list of products that can be chosen by the user to be donated at any time and without the need to use QR technology.

The payment methods enabled for the user to make donations through the app are the following: bank card, bizum and payment by transfer. If the donation is made through the donation machine, the only payment method enabled is bank card, or any other means of payment by «contactless».

The user has the ability to make two types of donations, depending on the periodicity: one-off donations, which are those that the user makes only once, either through the app or through the donation machine, and scheduled donations, which are those in which users generate a subscription (weekly, monthly or quarterly) in the app so that donations are made automatically on the dates on which the donation is scheduled and with the periodical recurrence that they have selected, and the relevant payments are made and the relevant charges are made.

For each donation made, both in the app and in the donation machine, the user receives a donation code which is used to track the traceability of the donation. To access the functionality it is necessary that the user has the mobile app, where he/she can enter the donation code to know the information provided.

The donation made by the user will be transferred:

In the case of being through the app, directly to the bank account of the Asociación Nadie without their daily ration, who will proceed to distribute the amounts received to the different provincial Food Banks, with the distribution criteria according to the location (province and country) from which the user has made the donation or subscription, so that the provincial Food Banks manage and distribute the donations collected in a controlled manner among the beneficiaries of the donations.

In the case of the donation machine, in general, directly to the bank account of the particular Food Bank in the province where the donation machine is located and the donation has been made by the user. The particular Food Bank that receives the donation will proceed to manage and distribute the amounts collected among the beneficiaries.

Users, for each donation made, will obtain a donation receipt (voucher) that will be issued by the application and/or donation machine. Users can collect the donation receipts obtained throughout the year:

In the case of digital receipts collected from donations the user has made through the app, the user may request the donation tax certificate, for each of the individual donations he/she has made, which will be requested, auto-generated and downloaded from the app No one without his/her daily ration.

If a registered user logs in and donates from the donation machine, he/she can obtain the donation certificate directly from the app.

In the case of physical receipts collected from donations made anonymously by the user through the donation machine, the user must send them, in original or scanned format, to the Food Bank that appears on the physical receipt (donation receipt) together with their billing details, so that the Food Bank can send them the donation certificate(s).

Before paying the donation using the donation machine, the user must select whether he/she wishes to be tax deductible for the donation he/she is making.

4. USER OBLIGATIONS

The user undertakes to comply with these Terms of Use, as well as to comply with the special warnings or instructions contained in the application and/or donation machine and to always act in accordance with the law, good customs and the requirements of good faith, using the utmost care taking into account the nature and purpose of this application and/or donation machine. To this end, you will refrain from using it in any way that may impede, damage or deteriorate the normal operation of the same, the goods or rights of FOODRATION4ALL, the supermarkets, the Associations involved, the rest of the users or in general any third party.

6. EXEMPTION FROM LIABILITY

FOODRATION4ALL is not responsible for the contents, files, information, advertising, opinions, concepts and images that do not depend on the application and/or donation machine or that are generated, supplied or managed by the Users.

FOODRATION4ALL will not assume any responsibility, whether direct or indirect, derived from the misuse of the application and/or donation machine or its contents by the User, who assumes, in any case, under his exclusive responsibility, the consequences, damages or actions that may derive from his access or use of the application and/or donation machine or the contents hosted, as well as their reproduction or communication.

FOODRATION4ALL assumes no responsibility for the correct fulfilment of the commitment acquired by the third parties involved in this project.

FOODRATION4ALL is not responsible for any of the contents, files, information, publicity, opinions, concepts and images that are issued, published or distributed directly or indirectly through any interconnected website accessed through the application and/or donation machine by means of links, or any of the services that are linked or related to this application and/or interconnected donation machine.

The inclusion of a particular link or link does not imply nor may it be interpreted as a recommendation or invitation to follow said link or to use the content of the website linked through it or, where appropriate, the services offered by the same (with the exception of those links whose access is necessary for the use of the services contracted through the application and/or donation machine).

Under no circumstances should the existence of linked sites presuppose the formalisation of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of FOODRATION4ALL with the statements, content or services provided.

In the event that it deems appropriate or is required to do so by judicial or administrative order, FOODRATION4ALL will remove the links to those websites that infringe applicable legislation and/or infringe the rights of third parties.

FOODRATION4ALL provides its services and content on an ongoing basis using all the technical means at its disposal to provide them satisfactorily

FOODRATION4ALL may, when it deems appropriate, make corrections, improvements or modifications to the information contained in the application and/or donation machine, in the services, or in the contents without this giving rise to any claim or compensation, or implying recognition of any liability whatsoever.

Likewise, FOODRATION4ALL reserves the right to temporarily or permanently interrupt at any time the operation of the application and/or donation machine or to modify or update the same without prior notice. FOODRATION4ALL shall not be liable for damages of any kind that may arise from the availability and technical continuity of the operation of the application and/or donation machine. In any case, FOODRATION4ALL will take all necessary actions to restore its services in case of technical failure.

FOODRATION4ALL is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered in the application.

The User is solely and exclusively responsible for their identification and access codes to the contents or services of the application and/or donation machine. This identification consists of the secret code or password and the User’s name.

FOODRATION4ALL is not responsible for the improper use of the passwords of the users to access the contents or services of the application and/or donation machine that require them and for the consequences of any nature derived from the misuse by the users, their loss or forgetfulness, and their improper use by unauthorised third parties.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

FOODRATION4ALL is deeply committed to the protection and defence of intellectual and industrial property rights. Therefore, it informs that:

It is the owner of all industrial and intellectual property rights over the application and/or donation machine.

Under no circumstances shall it be understood that any licence is granted or any waiver, transmission, total or partial transfer of said rights is made, nor is any right of exploitation of said assets conferred, without the prior express written authorisation of FOODRATION4ALL.

Any form of reproduction, distribution, public communication, transformation and, in general, any act of exploitation of all or part of the contents (images, texts, designs, indexes, forms, etc.) that make up the application and/or donation machine, as well as the databases and software necessary for the visualisation or operation of the same, that does not have the express and prior written authorisation of FOODRATION4ALL, is prohibited.

All logos, trademarks and trade names displayed through the application and/or donation machine are the property of FOODRATION4ALL and their use is conditioned by the corporate rules of the Company, and/or the provisions of those third parties that have allowed their use and/or exploitation.

8. PRIVACY POLICY

The present clause informs about the way in which FOODRATION4ALL collects and treats the user’s personal information and the use that is made of it as a consequence of accessing or using the application and/or donation machine.

By accessing or using the application and/or donation machine, the user accepts and authorises the collection, processing and communication of his/her personal data in the terms established in this Privacy Policy.

Data Controller

The data controller is FOODRATION4ALL, S.L, a Spanish company incorporated for an indefinite period of time by virtue of a public deed granted before the Notary of the illustrious College of Valencia, Mr Joaquin Serrano Yuste, on 22 February 2019, under number 518 of his protocol and registered in the Castellón Mercantile Register, with Tax Identification Code B-44.520.369 and registered office at Avda. Sos Baynat -UJI- Ed. Espaitec 12071, Castellón de la Plana.

Personal Data

This application and/or donation machine collects the information necessary to fulfil its purpose.

User registration information: name and surname, gender, email address, telephone number.

Information in the case of making a donation and/or subscription:

Through the app, in addition to the above, on the one hand, the user will be asked for the information of their location (province and country) from which they are making the donation, in order to determine and classify the province from which the donation or subscription comes, with the aim of being able to correctly distribute the amounts collected to each provincial Food Bank to which they belong. The Nadie Association without its daily ration is responsible for the correct distribution of the donations to each particular provincial Food Bank, according to the criteria of the location (province and country) from which the donation was made. On the other hand, the user will be asked for the corresponding payment details depending on the chosen payment method (bizum, credit card or transfer). FOODRATION4ALL does not store the payment data. Through the donation machine the user will not be asked for his or her location information.

Information for obtaining donation certificates: in addition to the above-mentioned ID card number, company name, billing address.

The legal basis for the processing of such data is based on the consent of the Users. The data will be kept for as long as the User remains registered in the application and/or donation machine and has not revoked consent for processing, exercising the rights of access, rectification, deletion, portability, opposition and limitation of processing, unless other time limits apply. However, if we detect that during a period of three (3) years the user has not used or interacted with your donation account, we will proceed to the cancellation of your account by deleting your data. Thus, if you want to use the application and/or donation machine again, you will have to register again.

Purpose of the information received

The purpose of the information we receive about Users is to facilitate indiscriminate access to the application and/or donation machine to fulfil the purpose of food donation.

In any case, the information may be used for internal operations, including troubleshooting, data analysis, research, development or service improvement; and also for the development of behavioural studies or statistics relating to the user carried out by third parties.

In any case, users have the right to object to this type of processing by informing FOODRATION4ALL by sending an e-mail to info@foodration4all.com or by writing to us at Avda. Sos Baynat – UJI- Ed. Espaitec 12071, Castellón de la Plana, indicating «Data Protection» as the subject.

Data processors

The management of financial donations with users and supermarkets, in particular, the ownership of the bank account for the donations and the distribution of the amounts donated will be carried out by the Nadie Association without their daily ration. The issuing of tax deduction certificates will be carried out by the Spanish Federation of Food Banks (FESBAL) in general, and particularly by the provincial Food Banks in the case of some or all of the donation machines (totems).

Company Name: Federación Española de Bancos de Alimentos (Spanish Federation of Food Banks) CIF: G82410432

Address: Carretera de Colmenar Viejo, km. 12,800 (Ciudad Escolar), 28049 Madrid

e-mail: fesbal@fesbal.org

The data processing carried out by the data processors is regulated by contract, by which they are obliged to process the data securely and in compliance with data protection.

Notwithstanding the above, the User knows and accepts that we may replace the data processors with other service providers, for which it is guaranteed that the new service provider will also respect privacy and the relationship will be regulated contractually.

Transfer of data to third parties

The user expressly accepts that his or her data may be transferred to or processed by third parties, whether natural or legal persons, for the purposes of statistics or the development of studies on the behaviour of the population.

Security

FOODRATION4ALL hace lo posible para mantener a salvo la información del usuario. Para ello, tenemos implantadas medidas técnicas y organizativas que exige la legislación aplicable para mantener la seguridad de los datos de carácter personal y evitar su alteración, pérdida, tratamiento o acceso no autorizado habida cuenta del estado de la tecnología, la naturaleza de los datos almacenados y los riesgos a las que están expuestas.

Exercise of rights

The user may revoke consent to the processing, exercising the rights of access, rectification, suppression, portability, opposition and limitation to the processing, as well as revoke their consent in the terms provided by law, by informing FOODRATION4ALL by sending an e-mail to info@foodration4all.com or writing to us at Avda. Sos Baynat -UJI- Ed.Espaitec 12071, Castellón de la Plana, indicating «Data Protection» as the subject.

In both cases, the communication must be accompanied by any official document that allows the identification of the user, in order to avoid the access of data by third parties. Finally, the user may communicate any modification in writing or request cancellation, indicating it at any of the addresses provided.

Privacy policy changes

This app and/or donation machine reserves the right to change this privacy policy at any time, although this is not customary. Any policy changes will usually be accompanied by an update to the version of the app. If we make a material change to how we collect, use or share personal information, we will add those changes in a new version of these policies.

9. ACTIONS IN CASE OF NON-COMPLIANCE

FOODRATION4ALL reserves the right to exercise whatever actions are available at law to demand the responsibilities derived from the breach of any of the provisions of these Terms of Use of the application and/or donation machine by a user.

10. PARTIAL NULLITY

The declaration of any of the clauses contained in these Terms of Use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties. The waiver by any of the parties to demand at any given time the fulfilment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfilment of any other condition or conditions, nor shall it create an acquired right for the other party.

11. APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by the provisions of Spanish law.

Any dispute relating to the conditions of use and access to the application contained in this document of Conditions of Use of the application, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts and Tribunals of the city of Castellón.