Basic information

2. Responsible for the treatment

Foodlus may share the data of users (“Users”) who register on the website or app (“Platform”) and of the people who contact Foodlus through the forms present on your Platform with the purpose of offering the services requested by Users via the Platform.

The DPD internal Company holds an address of mail-enabled to the effect that the communication with the users to be fluid, direct and agile: support@foodlus.com.

In this privacy policy provides information concerning the processing of personal data of our Users, job candidates, Users of social networks to interact with us and the users of the contact form of our website, following the provisions of the General Regulation of Data Protection (“RGPD”).

3. Data processing of Users, and people who contact Foodlus

3.1 Data processed

1. (a) Information Users provide us directly:
2. Log data: the information that the User provides us when you create an account on the Platform FOODLUS: user Name, email and telephone contact.
3. User Profile information: the information that the User adds in the Platform in order to be able to use the service FOODLUS, that is, the mobile phone and the e-mail address. The User can view and edit the personal data of your profile, when appropriate. FOODLUS does not store the data of the User's credit card, but these are provided to the providers of electronic payment services with the license, you will receive directly the data contained and stored to facilitate the process of payment to the User and manage the same in the name of FOODLUS. In any case, these data are stored on the servers of FOODLUS. The User may at any time, delete the data of your cards linked to your account. With that action, the service provider shall delete the data and it will be necessary to re-enter it, or select them to be able to place new orders through the Platform. At any time the User may request the privacy policies of these providers.

• Additional information that the User wants to share: information that could facilitate the User to FOODLUS other purposes. For example, a photograph of you or the billing address, in the case of a request to receive invoices from FOODLUS.
• Iinformation about the communications with FOODLUS: FOODLUS will have access to the information Users provide for the resolution of concerns or complaints about the use of the platform, either through the contact form, via email or through the customer service by phone.
• Information on accidents involving any of the parties involved in the provision of services via the Platform for the presentation of claims or other proceedings with the insurance companies contracted by FOODLUS.
• Transcription and recording of the discussions held by the USER with FOODLUS for the handling of incidents, questions or other queries that could be made.

Information on communications between the users and staff of the establishment: FOODLUS will have access to communications that Users perform with the establishments that work with the Platform through the Platform.

1. (b) Information that Users provide us indirectly:

–       Data arising out of the Use of the Platform: FOODLUS collects data arising out of the Use of the Platform by the User every time he or she interacts with the Platform.

–          The data of the application and on the device: FOODLUS stores the data from the device and Application that the User uses to access the services. These are:

• Internet IP address that the User uses to connect to the Internet with your computer or mobile phone.
• Information from your computer or mobile, such as your connection to the Internet, your browser type, version, and operating system, and the type of device.
• The Clikstream full uniform resource locators (URL), including the date and time.
• Data of the User's account: the information of the orders placed by the User, as well as the ratings and/or comments you make about the same.
• The history of navigation and the preferences of the User.

–          Data derived from the origin of the User: if the User arrives at the Platform of FOODLUS through an external source (as it would be for example a link from another web site or a social network), FOODLUS collects the data of the source from where the User came from of FOODLUS. –   Data derived from the management of incidents: if the User is directed to the Platform FOODLUS through the Contact Form, FOODLUS collect the received messages in the format used by the User, and may use and store to manage incidents, the present or the future.

–      Data derived from the “cookies”: FOODLUS uses cookies own and of third parties in order to facilitate the navigation of its users and for statistical purposes (see Cookie policy).

–          Data derived from external third parties: FOODLUS could collect information or personal data of third parties external to only if you authorize such third parties to share the information above with FOODLUS. For example, in case of the User to create an account through your Facebook, Facebook may assign to us personal data of the User in the event that he had in his profile in Facebook (name, gender, age, etc.).

        In the same way, if the user accesses FOODLUS through the products and services offered by Google, it will send data of the navigation of the User to FOODLUS, with the access to the platform through the links created by Google.

The information provided by the external third party, it can be controlled by the User according to the privacy policy of the third-party.

–          Data on Geolocation: always and when the User instructed to do so, FOODLUS collects data related to their location, including real-time geographic location of your computer or mobile device of the User.

3.2 Purpose

3.2.1. Use the Platform Foodlus

FOODLUS uses the data it collects from the Users so that they can access and communicate with the platform FOODLUS, and to provide the services you request through their account on the Platform FOODLUS, according to the mechanism described in the “Terms of Use”.

3.2.2. Sending communications to you

FOODLUS uses the data of Users to perform communications via e-mail and/or send notifications through the platform to the User about the operation of the service.

FOODLUS be able to send messages to the mobile phone of the User with information concerning the status of the requested order, and once it has finished, FOODLUS send you a summary/ receipt of the order and of the price to the e-mail address of the User.

3.2.3. Detect and investigate fraud and for possible commissions of crimes

FOODLUS also uses the information to investigate and analyze how to improve the services provided to Users, as well as to develop and improve the characteristics of the service offered. Internally, FOODLUS uses the information for statistical purposes to analyse the behaviour and trends of Users, to understand how the Users use the Platform FOODLUS, and to manage and improve the services offered, including the possibility of adding new tokens to the Platform.

FOODLUS you can control all the actions that could result in fraud, or in the commission of any offence connected with the elements of payment used by the user, FOODLUS may ask the user a copy of your ID, as well as some information on the credit card used for the application of the order. All the data will be, in any case, treated by FOODLUS with the sole purpose of fulfilling the functions of surveillance and prevention of fraud and will be stored in both the relationship with the user remains in force, as well as even in the later period in both does not prescribe the right of the user to submit claims or legal actions relating to the payment of the products or services requested through FOODLUS. The data relating to the credit card used will be retained for the duration of the resolution of the incident and during the next 120 days from the date of resolution. In the event that irregularities in the use of the same that may be considered as illegal activities, FOODLUS reserves the right to retain the data provided, as well as be able to share them with the competent authorities with the aim of investigating the course. FOODLUS will be able to share data with the authorities based on the legal obligation to pursue any conduct in violation of the rules of application.

3.2.4. To ensure the safety and the right environment for the safe provision of services

FOODLUS be able to use the data for the purposes of ensuring the proper use of the ordered products on their Platform.

3.2.5. To comply with regulations, defense and prosecution of actions

FOODLUS informs the user that the conversations that take place through the chat for the communication with the staff of FOODLUS or through the application to communicate with the staff of the establishment may be reviewed and used by FOODLUS for the filing and/or defense of claims and/or legal actions necessary, as well as for the management of incidents in the orders.

3.2.6. Promotion and realization of commercial offers (online and offline)

FOODLUS uses a third party technology is integrated into the Platform for the purposes of collecting your data and preferences, and to use them with CRM systems and advanced technology for the benefit of Users. So, using the information collected will be made the following treatment of your data:

• FOODLUS, you can send by e-mail promotional messages and/or offers relating to the service that offers that may be of interest to the User. Foodlus will be able to measure and customize advertising based on the preferences of the Users of Foodlus. If the User FOODLUS you wish not to receive such information and/or commercial communications, you may opt-out at any time at the option of “unsubscribe” in the email, and as a result, FOODLUS will immediately cease the sending of the above-mentioned information.
• FOODLUS also be able to send the User messages and/or offers relating to such services via “push” notifications consistent in sending your mobile phone such promotional messages and/or offers. If the User FOODLUS you do not want to receive commercial communications from the present point and the previous 3.1., the User can remove them from jointly by disabling your privacy preferences on your profile with a single click.
• Through the use of the Platform FOODLUS, Users may also receive commercial communications from a third party associated with the Platform as Facebook and Google, all depending on the privacy preferences that the User has on those Platforms.

Users will be able to make use of its centre of management of privacy for the purposes of terminating the services of a “marketing” online.

3.2.7. Statistical purposes and analysis services

FOODLUS uses the information for statistical purposes to analyse the behaviour and trends of Users, to understand how the Users use the Platform FOODLUS, and to manage and improve the services offered, including the possibility of adding new tokens to the Platform.

FOODLUS also uses the information to investigate and analyze how to improve the services provided to Users, as well as to develop and improve the characteristics of the service offered.

3.2.8. To ensure the safety and the right environment for the safe provision of services

FOODLUS be able to use the data for the purposes of ensuring the proper use of the ordered products on their Platform.

3.2.9. Process claims and claims with insurers

In the event that the User contact fOODLUS to report any damage or problems that may be covered by the insurance pro fOODLUS , it will try all the data regarding the accident with the purpose of managing and responding to requests.

         3.3 legal Basis for the processing

The treatment of the data of the Users is carried out on the basis of the following legal bases:

• Execute the contractual relationship once you are registered in the Platform (for example, the treatment of your data to give you an order as requested).
• On the basis of our legitimate interest (for example, for the implementation of controls to prevent fraud through the Platform).
• Fulfilment of legal obligations (for example, when competent authorities to request data in the framework of judicial investigations and/or the filing of the actions necessary to protect the interests of FOODLUS).
• Explicit consent for the communication of user data to third parties for the purposes of commercial communications.

3.4 Recipients of the data      

FOODLUS ensures that all the business partners, technical service providers, or independent third parties are bound by promises contractually binding to process information that is shared with them by following the instructions you FOODLUS gives to you, this Privacy Policy, as well as the applicable legislation on data protection. We will not give your personal data to any third party that is not subject to our instructions and no communication shall include selling, renting, sharing, or otherwise disclosing otherwise personal information from customers for commercial purposes contrary to the commitments made in this Privacy Policy.

3.4.1. During the execution of an order, the data may be shared with:

• The trade, who runs the mandate of receipt of order and delivery of the product.
• By Customer services contracted by Foodlus purposes warn the User about possible problems or to ask the why of a negative assessment of the service. FOODLUS be able to use the data provided for the purposes of managing the incidents that may occur in the provision of services.
• The Platform and payment providers, to the effect that these can load the amount in your account.
• By providers of telecommunications services, as they are used for the transmission of communications on orders or incidents related to this.
• Providers that provide services satisfaction surveys conducted by FOODLUS.

3.4.2. Share the User data with third parties

To be able to continue to provide the services offered through the Platform, FOODLUS may share certain personal data of the User with:

• Service providers. the third-party service providers FOODLUS that are running orders and/or solve problems with the reception, delivery and post delivery of the orders have access to Users ' personal information needed to perform their functions, but may not use it for other purposes. These shall treat the personal information in accordance with this Privacy Policy and the applicable legislation in the field of data protection.
• Providers of payment services. When a User enter in the Platform FOODLUS your card number, it is stored directly by the Payment Platforms contradas by FOODLUS, who allowed the collection of the User's account. The payment services providers have been selected on the basis of their security measures and fulfilling, in any case, the security measures established by the legislation on payment services, being PC1 Compliant according to the Data Security Standard for the Payment Card Industry, or PCI DSS. FOODLUS does not store any such data.
• Providers of services for the control of fraud. FOODLUS will share Users ' data with service providers that provide services for fraud control, to study the risk of operations that are carried out.
• Service providers for the anonymisation of data. To avoid the misuse of User data by third-party service providers, FOODLUS can assign the data of the Users so that they may be anonymised and used only for the provision of the service to Users. For example, FOODLUS may assign to third parties the phone number of the Users to anonimizarlos and provide it in this format to the providers used to fulfill the services contracted by the Users.
• Security companies and Security Forces and Bodies. FOODLUS may disclose personal information and account data of our customers when they believe that their disclosure is necessary for the fulfilment of the law, to enforce or apply the Terms of Use or to protect the rights, property or safety of FOODLUS, its users or third parties. The foregoing includes, therefore, the exchange of information with other companies and organizations, as well as Security Forces and Bodies for the purposes of fraud protection and credit risk reduction. Prior legal requirement, FOODLUS be able to share information with law enforcement authorities and/or third parties with respect to requests for information relating to the investigation of a criminal nature and alleged illegal activities.
• Services Call Center and incident management. To offer a customer Service and call centers, actions aimed at measuring the degree of satisfaction of Users and the provision of administrative support services, FOODLUS may communicate the Users ' data to companies located in countries outside of the EEA, as long as you authorize and complies with the security requirements mentioned in the previous point.
• Telecommunications services. To be able to offer services to Users of telephone contact, FOODLUS you can contact the telecommunications companies that make lines and systems safe for contact Users.
• Group companies FOODLUS. In order to provide the services FOODLUS, depending on the geographical area from which users apply for the services, you will be able to transfer some personal data of the Users of its subsidiaries. Users are hereby informed that by registering in the Platform from any country in which it operates FOODLUS your data will be stored in the database FOODLUS located in Spain and ownership of the Spanish society FOODLUS. The data will be communicated, in the case of subsidiaries that are outside the EEA, through the systems provided by the European Commission and the Regulations, to countries that have recognized an adequate level of protection of personal data or through contracts approved by the European Commission for establishing and guaranteeing the rights of the interested parties.
• Social networks connected by the User. In the event that the User connect his account of FOODLUS to another social network or third-party platform, FOODLUS may use the information provided to that social network or third party, provided that such information has been put at the disposal of FOODLUS in compliance with the privacy policy of that social network or platform of a third party.
• Third parties associated with FOODLUS for business communications. With your explicit consent, Foodlus may transfer your personal data to third parties associated with Foodlus always and when the User had accepted the express, informed and unequivocally in the transfer of data and to know the purpose and recipient of the same.
• Cases of change of ownership. If the property of FOODLUS change or the greater part of its assets are acquired by a third party, the Users are informed that FOODLUS will transfer your data to entities of the acquirer with the aim to continue to provide the services object of the treatment of data. The new manager will inform the Users of their identification data. FOODLUS represent that you will comply with the duty of information to the supervisory Authority which is relevant in the case of the situations cited occurred, and will inform Users of the change of responsible party at the time in which it takes place. The present treatment will be performed under the contract signed with FOODLUS.
• Insurance companies. Foodlus may communicate the users ' data to the insurance companies and brokerages insurance that FOODLUS have an agreement for the management and processing of claims and claims arising from the activities of FOODLUS and his co-workers.

The data of the Users of FOODLUS not be passed on to any third party except that (i) is necessary for the requested services, in the event that FOODLUS work with third parties (ii) when FOODLUS be express and unequivocal authorisation by the User, (iii) when requested by the competent authority in the exercise of its functions (to investigate, prevent, or take action regarding illegal actions), or (iv) finally, if required by law.

3.5. Treatment of candidates that contact through the forms provided for in section of jobs.

These provisions shall apply to individuals who contact FOODLUS through the web page of FOODLUS for the purposes of submitting their application for an open position (“Candidates”).

3.6.1. Responsible

3.6.2. Purpose

To study the application form, present or future, of the Candidate for any/s of the open positions in FOODLUS.

Also, FOODLUS treat the data of the Candidate to conduct the interviews as it deems necessary for the position, perform a test to assess the Candidate's knowledge, contact companies where it has been previously engaged, check references provided and, in general, to assess the capacities and skills of the Candidate.

3.6.3. Legal basis for the processing

The Candidate, prior to the submission of the application, provide your consent for the treatment of data, expressly accepting the content in this Privacy Policy. FOODLUS may process your data also for the purposes of studying the possibility of establishing a contractual relationship, and given that the Candidate has been the person applying for such a study.

3.6.4. Addressed to the data

The Candidate data may be accessed by service providers of technological services and platforms employed by FOODLUS for the management of the processes of selection, such as Greenhouse Software, Inc., located in the united States of America and engaged by foodlus to manage the tasks of selection and recruitment processes. Accordingly, if the Candidate is outside of the united States, your personal data will be transferred to the united States. Given that the European Union Commission has determined that the data privacy laws of the united States does not ensure an adequate level of protection for personal data, the transfer will be subject to additional safeguards appropriate according to the standard contractual clauses and/or the known as Pivacy Shield. At the same time, the data of the Candidate are then stored in Google Inc and Servers of Amazon Web Services, which act as responsible of the treatment, which comply with the General Regulation of Data Protection and Foodlus you have a written agreement with each one of them.

Depending on the offer to the Candidate to present your candidacy, your personal information may be transferred to other companies of the group FOODLUS, in order to assess whether the application for the relevant country.

3.6.5. Conservation

The Candidate data will be kept for the duration of the selection process and, in the case of not being selected, for twenty-four (24) months from the date of completion of the process, being able to exercise at any time any of the rights present in the section 4 of this privacy policy.

3.6. International data transfers

In the choice of service providers, FOODLUS you can transfer data of the users outside the borders of the European Economic area. In these cases, and prior to the shipment, FOODLUS will ensure that these providers of services comply with the minimum standards of safety established by the European Commission and that they treat the data according to the instructions provided by FOODLUS. FOODLUS may have a contractual relationship with them where the service providers undertake to comply with the instructions of FOODLUS and to incorporate the necessary security measures to protect the data of Users.

3.7. Period of conservation

The data of the Users shall be retained for the implementation and maintenance of the contractual relationship, that is, as long as they continue to be Users of FOODLUS or until you practice your right of limitation.

In case of unsubscribe from the Platform, FOODLUS retain the data of the Users during the period set out in the tax legislation, health law, criminal law and any other regulation which may be applicable, for the execution and defense of actions in which FOODLUS could be part of. FOODLUS block, in any case, the data of the Users which can only be consulted in case of duty to bring or defend actions in the same.

In a specific way, and may not be construed as limited to other legislation which results from the application, the data will be kept after the termination of the User, according to the box present in the Annex I.

In relation to anonymous information, FOODLUS apply as described in Recital 26 of the RGPD, which states that “Therefore the principles of data protection should not apply to anonymous information, namely information which does not relate to an identified or identifiable natural person or to data rendered anonymous in such a manner that the data subject is not identifiable, or cease to be so”. Accordingly, this Regulation does not affect the processing of such anonymous information, including for statistical or research.

4. Exercise of Rights

The User may exercise their rights at any time free of charge via the form on the Platform. They may also exercise their rights by writing an email to the following email address: support@foodlus.com. In that mail, you must specify which right you wish to exercise, as well as the identification data registered on the Platform, to be the case. In the course, to verify the identity, we need additional data that you provide to us, will communicate to the User in such a sense.

You can exercise before FOODLUS the following rights:

• Right of access to your personal data, to know which ones are being processed and the processing operations carried out with them;
• The right of rectification of any personal data that is inaccurate;
• Right to erasure of your personal data, when this is possible;
• The right to request the limitation of the processing of your personal data when the accuracy, legality or necessity of the treatment of the data is questionable, in which case, we may retain data to keep them for the exercise or defense of claims.
• The right of opposition to the processing of your data to resolve any issue that we have raised through the contact form, as well as the processing of your data to through a social network, and/or for the treatment of your resume. Also, you can withdraw your consent to the receipt of commercial communications at any time through the profile of the User on the Platform, using the link included to that effect in each marketing communication or by sending e-mail.

If you believe that FOODLUS has committed a violation of the law of protection of personal data, please do not hesitate to contact us at the e-mail address support@foodlus.com, telling us your appreciation, so that we can solve the problem as soon as possible. Anyway, you can also bring it to the attention of the Spanish Agency of Protection of Data and claims before the agency for the protection of your rights.

5. Security measures

FOODLUS has adopted the necessary measures recommended by the European Commission and by the authority competent to maintain the level of security required, according to the nature of the personal data processed and the circumstances of the treatment, with the aim of avoiding, to the extent possible and depending on the state of the technique, its alteration, loss, treatment or unauthorized access. As mentioned above, the personal data provided will not be disclosed to any third party without prior permission by the copyright holder.

6. Notices and Amendments

As has been indicated above, all Users have rights to access, update and delete your data, as well as to oppose their treatment. You may exercise these rights or have any queries regarding the Privacy Policy of FOODLUS through the Contact Form.

Because of the continuous evolution of the activities of FOODLUS, this Privacy Policy, the Cookies Policy and the Terms of Use may change also. FOODLUS be sent to the User the warnings about the changes, and material changes to these documents via e-mail, or other means that ensures the receipt of the same. Anyway, FOODLUS in no event shall modify policies and practices to make them less effective in the protection of the personal data of our customers previously stored.

In case of any discrepancy between the translated versions and the English version of this text, the latter shall prevail.

ANNEX I – TERMS OF CONSERVATION