Legal notice

Legal Notice

General terms of use of the socialfood.social portal

PRODIGIA CONSULTORES, S.L.
Urb. El Moredal, Bloque 1-B Bajos — Cabra (Córdoba), Spain
Tax ID (CIF) B-14621908 · Registered at the Commercial Registry of Córdoba
legal@prodigia.com

General terms

  1. This Legal Notice and its acceptance
  2. Purpose
  3. Conditions of access and use
  4. No licence granted
  5. Intellectual property
  6. Information Society Services Act
  7. Exclusion of warranties and liability
  8. Personal data protection
  9. Unlawful activities
  10. Notices
  11. Withdrawal and suspension of the Services
  12. Governing law

Section 1

This Legal Notice and its acceptance

This legal notice (the "Legal Notice") governs the use of the internet portal www.socialfood.social (the "Portal") which PRODIGIA CONSULTORES, S.L. makes available to internet users. PRODIGIA CONSULTORES, S.L. has its registered office in Cabra (Córdoba), Spain, holds tax identification number B-14621908, and is registered at the Commercial Registry of Córdoba.

Use of the Portal confers the status of user of the Portal (the "User") and implies full and unreserved acceptance of each and every provision set out in this Legal Notice, in the version published by PRODIGIA CONSULTORES, S.L. at the very moment the User accesses the Portal. The User should therefore read this Legal Notice carefully each time they intend to use the Portal, as it may be amended.

The use of certain services offered to Users through the Portal is subject to its own particular conditions (the "Particular Conditions") which, depending on the case, replace, supplement, and/or amend this Legal Notice. Before using such services, the User must therefore also read the corresponding Particular Conditions carefully.

Use of the Portal is likewise subject to all notices, rules of use, and instructions brought to the User's attention by PRODIGIA CONSULTORES, S.L. which replace, supplement, and/or amend this Legal Notice.

Section 2

Purpose

Through the Portal, PRODIGIA CONSULTORES, S.L. provides Users with access to and use of various services and content (the "Services") made available by PRODIGIA CONSULTORES, S.L. or by third parties.

Section 3

Conditions of access to and use of the Portal

3.1. Free access to and use of the Portal

The provision of the Services by PRODIGIA CONSULTORES, S.L. is free of charge for Users. Notwithstanding the foregoing, some of the Services supplied by PRODIGIA CONSULTORES, S.L. or by third parties through the Portal are subject to payment of a price, as determined in the corresponding Particular Conditions.

3.2. User registration

As a general rule, the provision of the Services does not require prior subscription or registration by Users. However, PRODIGIA CONSULTORES, S.L. makes the use of some Services conditional upon prior completion of the corresponding User registration, available to those wishing to register at www.socialfood.social. PRODIGIA CONSULTORES, S.L. also makes available to Users certain Services whose use requires the completion of additional registrations. Such registration shall be carried out in the manner expressly indicated in the service itself or in the Particular Conditions governing it.

3.3. Accuracy of information

All information provided by the User through the Services must be truthful. To this end, the User warrants the authenticity of all data communicated as a result of completing the forms required to subscribe to the Services. Likewise, it shall be the User's responsibility to keep all information provided to PRODIGIA CONSULTORES, S.L. permanently up to date so that it reflects, at all times, the User's actual situation. In any event, the User shall be solely responsible for any false or inaccurate statements they make and for any loss caused to PRODIGIA CONSULTORES, S.L. or to third parties by the information they provide.

3.4. Minors

In order to use the Services, minors must first obtain permission from their parents, guardians, or legal representatives, who shall be held responsible for all acts carried out by the minors in their care. Full responsibility for determining the specific content and Services accessed by minors rests with the adults in whose care they are. As the internet makes it possible to access content that may not be appropriate for minors, Users are informed that mechanisms exist — in particular filtering and blocking software — which allow available content to be limited and which, although not infallible, are particularly useful for controlling and restricting the material minors can access.

3.5. Obligation to make proper use of the Portal and the Services

The User undertakes to use the Portal and the Services in accordance with the law, this Legal Notice, the Particular Conditions of certain Services, and any other notices, rules of use, and instructions brought to their attention, as well as with generally accepted morality and good customs and with public order.

To this end, the User shall refrain from using any of the Services for unlawful purposes or effects, for purposes prohibited in this Legal Notice, in ways harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, impair, or prevent the normal use of the Services, the computer equipment, or the documents, files, and any kind of content stored on any computer equipment (hacking) belonging to PRODIGIA CONSULTORES, S.L., to other Users, or to any internet user (hardware and software).

In particular, and by way of example only and not exhaustively, the User undertakes not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, or, in general, any kind of material that:

  1. in any way runs counter to, disparages, or infringes the fundamental rights and public freedoms recognised in the Constitution, in international treaties, and in the rest of the applicable legislation;
  2. induces, incites, or promotes criminal, denigrating, defamatory, or violent conduct or conduct that is otherwise contrary to the law, to generally accepted morality and good customs, or to public order;
  3. induces, incites, or promotes discriminatory conduct, attitudes, or thinking on grounds of sex, race, religion, belief, age, or condition;
  4. incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or otherwise contrary to the law, to generally accepted morality and good customs, or to public order;
  5. induces or may induce an unacceptable state of anxiety or fear;
  6. induces or incites involvement in dangerous or risky practices, or practices harmful to health or mental wellbeing;
  7. is false, ambiguous, inaccurate, exaggerated, or untimely, in such a way that it induces or may induce error as to its subject matter or as to the intentions or purposes of the sender;
  8. is protected by any intellectual or industrial property rights belonging to third parties, where the User has not previously obtained from the rights holders the authorisation necessary for the use they make or intend to make of it;
  9. violates the trade secrets of third parties;
  10. is contrary to the right to honour, to personal and family privacy, or to the personal image of individuals;
  11. in any way damages the reputation of PRODIGIA CONSULTORES, S.L. or of third parties;
  12. breaches the rules on the confidentiality of communications;
  13. constitutes unlawful, misleading, or unfair advertising and, in general, unfair competition;
  14. incorporates viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, the system, or the computer equipment (hardware and software) of PRODIGIA CONSULTORES, S.L. or of third parties, or that may damage the electronic documents and files stored on such equipment;
  15. by its characteristics (such as format, size, etc.) causes difficulties in the normal functioning of the Service;
  16. contains HTML tags other than those expressly authorised by PRODIGIA CONSULTORES, S.L.

3.6. Obligation to make proper use of the Content

In accordance with clause 3.5, the User undertakes to use the content made available to Users on the Portal — understood to include, without limitation, the texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design and source code (the "Content") — in accordance with the law, this Legal Notice, the Particular Conditions of certain Services, and any other notices, rules of use, and instructions brought to their attention, as well as with generally accepted morality and good customs and with public order, and in particular undertakes to refrain from:

  1. reproducing, copying, distributing, making available, or otherwise publicly communicating, transforming, or modifying the Content, unless authorised by the holder of the corresponding rights or otherwise legally permitted;
  2. deleting, manipulating, or in any way altering the copyright notice and other data identifying the reservation of rights of PRODIGIA CONSULTORES, S.L. or of its rights holders, the digital fingerprints, or any other technical means established for their recognition.

The User shall refrain from obtaining, or even attempting to obtain, the Content by means or procedures other than those which, depending on the case, have been made available for that purpose or indicated for that purpose on the web pages where the Content is located or, in general, those customarily used on the internet for that purpose, provided they do not entail a risk of damage to or disabling of the Portal, the Services, and/or the Content.

3.7. Use of the Services in accordance with the Anti-Spamming Policy

The User undertakes to refrain from:

  1. collecting data for advertising purposes and sending advertising of any kind or communications for sales or other commercial purposes without a prior request or consent;
  2. sending any other messages to a plurality of persons that have not been requested or previously consented to;
  3. sending chains of electronic messages that have not been requested or previously consented to;
  4. using distribution lists accessible through the Services to carry out the activities set out in the preceding paragraphs;
  5. making available to third parties, for any purpose, data collected from distribution lists.

Users or third parties adversely affected by the receipt of unsolicited messages may report this to PRODIGIA CONSULTORES, S.L. by sending a message to legal@prodigia.com.

Section 4

No licence granted

All trade marks, trade names, or distinctive signs of any kind appearing on the Portal are the property of PRODIGIA CONSULTORES, S.L. or of third parties, and neither the use of nor access to the Portal and/or the Services may be understood as granting the User any right over those trade marks, trade names, and/or distinctive signs. Likewise, the Content is the intellectual property of PRODIGIA CONSULTORES, S.L. or of third parties, and none of the exploitation rights that exist or may exist over that Content may be understood as assigned to the User beyond what is strictly necessary for the proper use of the Portal and the Services.

Section 5

Intellectual property

All content displayed on the Portal — in particular designs, texts, graphics, logos, icons, buttons, software, trade names, trade marks, industrial designs, or any other signs capable of industrial and commercial use — is subject to the intellectual and industrial property rights of PRODIGIA CONSULTORES, S.L. or of the third-party rights holders who have duly authorised its inclusion on the Portal. Under no circumstances shall this be understood as granting any licence or as constituting a waiver, transfer, or total or partial assignment of those rights, nor as conferring any right or expectation of a right — in particular any right of alteration, exploitation, reproduction, distribution, or public communication of that content — without the prior express authorisation of PRODIGIA CONSULTORES, S.L.

Section 6

Information Society Services and Electronic Commerce Act

Following the entry into force of Spanish Act 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI), PRODIGIA CONSULTORES, S.L. complies with the obligations that the LSSI imposes on information society service providers established in Spain.

PRODIGIA CONSULTORES, S.L. has its registered office in Cabra (Córdoba), Spain, at Avda. Pedro Iglesias, Urb. El Moredal, Bloque 1-B Bajos, holds tax identification number B-14621908, and is registered at the Commercial Registry of Córdoba.

Section 7

Exclusion of warranties and liability

7.1. Exclusion of warranties and liability for the functioning of the Portal and the Services

7.1.1. Availability and continuity, usefulness and fallibility

PRODIGIA CONSULTORES, S.L. does not warrant the availability and continuity of the functioning of the Portal and the Services. Where reasonably possible, PRODIGIA CONSULTORES, S.L. will give advance notice of interruptions to the functioning of the Portal and the Services.

PRODIGIA CONSULTORES, S.L. likewise does not warrant that the Portal and the Services are fit for carrying out any particular activity, nor their infallibility and, in particular though not exclusively, that Users will actually be able to use the Portal and the Services or to access the various web pages that make up the Portal or those from which the Services are provided. PRODIGIA CONSULTORES, S.L. excludes, to the fullest extent permitted by law, any liability for loss or damage of any nature that may be due to the lack of availability or continuity of the functioning of the Portal and the Services.

7.1.2. Privacy and security in the use of the Portal and the Services

PRODIGIA CONSULTORES, S.L. does not warrant the privacy and security of the use of the Portal and the Services and, in particular, does not warrant that unauthorised third parties will be unable to learn of the type, conditions, characteristics, and circumstances of Users' use of the Portal and the Services. PRODIGIA CONSULTORES, S.L. excludes, to the fullest extent permitted by law, any liability for loss or damage of any nature that may be due to unauthorised third parties learning of Users' use of the Portal and the Services.

7.2. Exclusion of warranties and liability for the Content

7.2.1. Quality

PRODIGIA CONSULTORES, S.L. neither controls nor warrants the absence of viruses or other elements in the Content that may cause alterations to the User's computer system (software and hardware) or to the electronic documents and files stored on it. PRODIGIA CONSULTORES, S.L. excludes, to the fullest extent permitted by law, any liability for loss or damage of any nature that may be due to the presence of viruses or other elements in the Content.

7.2.2. Lawfulness, reliability, and usefulness

PRODIGIA CONSULTORES, S.L. does not warrant the lawfulness, reliability, or usefulness of the Content. PRODIGIA CONSULTORES, S.L. excludes, to the fullest extent permitted by law, any liability for loss or damage of any nature that may be due to the transmission, dissemination, storage, making available, receipt, obtaining of, or access to the Content and, in particular though not exclusively, for loss or damage that may be due to:

  1. breach of the law, of generally accepted morality and good customs, or of public order;
  2. infringement of intellectual and industrial property rights, of trade secrets, of contractual undertakings of any kind, of the rights to honour, to personal and family privacy, and to personal image, of property rights, or of any other rights belonging to a third party;
  3. acts of unfair competition and unlawful advertising;
  4. the lack of truthfulness, accuracy, completeness, relevance, and/or currency of the Content;
  5. unsuitability for any purpose whatsoever and the frustration of expectations generated by the Content;
  6. non-performance, delayed performance, defective performance, or termination for any reason of obligations undertaken by third parties and of contracts entered into with third parties through or by reason of access to the Content;
  7. defects of any kind in the Content transmitted, disseminated, stored, or made available through the Portal or the Services.

7.2.3. Truthfulness, accuracy, completeness, and currency

PRODIGIA CONSULTORES, S.L. does not warrant the truthfulness, accuracy, completeness, or currency of the Content. PRODIGIA CONSULTORES, S.L. excludes, to the fullest extent permitted by law, any liability for loss or damage of any nature that may be due to the lack of truthfulness, accuracy, completeness, and/or currency of the Content.

7.3. Exclusion of warranties and liability for Users' use of the Portal

PRODIGIA CONSULTORES, S.L. is under no obligation to monitor, and does not monitor, Users' use of the Portal, the Services, and the Content. PRODIGIA CONSULTORES, S.L. is likewise under no obligation to verify, and does not verify, the identity of Users or the truthfulness, currency, completeness, and/or authenticity of the data Users provide about themselves to other Users. PRODIGIA CONSULTORES, S.L. excludes any liability for loss or damage of any nature that may be due to Users' use of the Services and the Content.

Section 8

Personal data protection

In order to use some of the Services, Users must first provide PRODIGIA CONSULTORES, S.L. with certain personal data (the "Personal Data"). PRODIGIA CONSULTORES, S.L. has aligned its processing of personal data with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) and with Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

The personal data you provide while browsing the Portal (when registering or when making an enquiry, comment, or request) will be processed by PRODIGIA CONSULTORES, S.L. as data controller for the purpose of handling your request and, where applicable, sending you information about products, services, offers, and news that may be of interest to you.

In the case of commercial communications sent by email or equivalent means, the User gives their express consent to receive advertising by that means. The User expressly consents to the disclosure of their personal data to companies within the PRODIGIA CONSULTORES, S.L. group, solely for the purposes stated above.

The User may exercise the rights of access, rectification, erasure, objection, portability, and restriction of processing recognised in the GDPR and the LOPDGDD by written request addressed to legal@prodigia.com. Likewise, if you consider that the processing of your data does not comply with the applicable rules, you may lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).

PRODIGIA CONSULTORES, S.L. may use cookies when a User browses the sites and web pages of the Portal. The cookies that may be used on the sites and web pages of the Portal are associated solely with the browser of a particular computer (an anonymous User) and do not in themselves provide the User's name and surname. Thanks to cookies, it is possible for PRODIGIA CONSULTORES, S.L. to recognise the browsers of registered Users after they have registered for the first time, without their having to register on each visit in order to access the areas and Services reserved exclusively for them. The User may configure their browser to be notified on screen when cookies are received and to prevent cookies from being installed on their hard drive. Please consult your browser's instructions and manuals for further information.

Section 9

Procedure in the event of unlawful activities

Where any User or third party considers that there are facts or circumstances revealing the unlawful nature of the use of any Content and/or of the carrying out of any activity on the web pages included in or accessible through the Portal, they must send a notification to PRODIGIA CONSULTORES, S.L. containing the following:

  1. the complainant's personal details: name, address, telephone number, and email address;
  2. a specification of the alleged unlawful activity carried out on the Portal and, in particular, a precise and specific indication of the protected content and of its location on the web pages;
  3. the facts or circumstances that reveal the unlawful nature of that activity;
  4. in the case of an infringement of rights, a handwritten or equivalent signature, together with the personal details of the holder of the allegedly infringed rights or of the person authorised to act in their name and on their behalf;
  5. an express and clear declaration, made under the complainant's responsibility, that the information provided in the notification is accurate and that the use of the content or the carrying out of the activities described is unlawful.

Section 10

Notices

All notices and communications (the "Notices") from the User to PRODIGIA CONSULTORES, S.L. shall be deemed effective for all purposes when addressed to the User Support Service by any of the following means:

  1. By post.
  2. By email to the following address: legal@prodigia.com

All Notices from PRODIGIA CONSULTORES, S.L. to the User shall be deemed effective for all purposes when given by any of the following means:

  1. By post to the User's address, where this has previously been notified to PRODIGIA CONSULTORES, S.L.;
  2. By email to any of the mailboxes the User has as part of any other service that PRODIGIA CONSULTORES, S.L. provides to the User;
  3. By telephone call to the User's telephone number, where this has previously been notified to PRODIGIA CONSULTORES, S.L.;
  4. By pop-up messages sent by PRODIGIA CONSULTORES, S.L. to the User while the Services are being provided.

Section 11

Withdrawal and suspension of the Services

PRODIGIA CONSULTORES, S.L. may withdraw or suspend the provision of the Services at any time and without prior notice in respect of those Users who fail to comply with the provisions of this Legal Notice.

Section 12

Governing law

This Legal Notice is governed in all respects by Spanish law. Any dispute, discrepancy, question, or claim arising from the performance or interpretation of this Legal Notice shall be settled by arbitration under ARBITEC, which shall be entrusted with the administration of the arbitration and the appointment of the arbitrators in accordance with its Rules and Statutes.

PRODIGIA CONSULTORES, S.L. complies with the legal requirements applicable to providers of information society services over the internet, having been audited and accredited by the law firm Triagonal Abogados – Lex Grupo 9.

PRODIGIA CONSULTORES, S.L. — Urb. El Moredal, Bloque 1-B Bajos, Cabra (Córdoba), Spain. Tax ID (CIF) B-14621908. Registered at the Commercial Registry of Córdoba.

Legal enquiries and exercise of rights: legal@prodigia.com

This is an English translation provided for convenience. In the event of any discrepancy, the Spanish version prevails.