Legal notice | Picnic

LEGAL NOTICE

1. Presentation and identification of the responsible

a) Responsible: PICNIC EXPERIENCE, S.L. with TIC: B88439369 (hereinafter PICNIC), entered in the Mercantile Registry of Madrid in the Volume 31.733, Folio 28, Section 8 Page M-570963.

b) Registered Address: Alfonso XII, 36, Flat 5º right, Postal Code 28014, Madrid.

c) Activity: Brand strategy consultancy focused on the strategic definition of brands, the coherent demonstration of their purposes in each of their assets, the development of innovation strategies and strategic support.

d) E-mail: holamadrid@the-picnic.com.

2. Description of the activity

By means of this website and/or official profiles on social networks, PICNIC wishes to inform all its visitors (hereinafter USER) about its activity.

3. Acceptance of conditions and use of the website

The use of this website is regulated in the following General Conditions of Use (hereinafter GENERAL CONDITIONS).

The access to the website, official profiles on the social networks and/or the information contained therein is completely free of charge, without prejudice to the cost of the telephone connection and the means used to establish the connection.

The use of the website implies the treatment of the USERS’ personal data; depending on the type of the USERS, you must read, understand and accept the GENERAL CONDITIONS, PRIVACY POLICY and COOKIES’ POLICY.

By using the website, the USER declares:

a) That he/she is of legal age and/or with full responsibility, in accordance with the general contracting laws of the State where he/she resides.

b) That has previously read, understood and accepted the GENERAL CONDITIONS, PRIVACY POLICY and/or COOKIES POLICY.

4. Modification of conditions
The information on this website evolves constantly and develops to provide the best possible experience and value. The updated GENERAL CONDITIONS, PRIVACY POLICY, COOKIES’ POLICY will be available, at any time, on this website.

If any aspect of modifying the GENERAL CONDITIONS, the PRIVACY POLICY, COOKIES’ POLICY will be published and/or communicated in an appropriate and updated way; so we recommend that you periodically read all of them, as well as the communication received by USERS, and above all, before making any decision based on the content of the website.

The USERS of the website will accept the modification the moment you continue to use it and/or its website.

5. Essential Obligations of the USER

Every USERS, from the moment beginning to use the website, undertake to perform facing the third parties and before PICNIC the following essential obligations:

a) To use the website without incurring any illegal or illicit actions, or contrary to what established in the GENERAL CONDITIONS, the PRIVACY POLICY and/or COOKIES POLICY and their updates.

b) Not to damage, disable, overload or deteriorate the website or prevent the normal use of it.

c) Not intending to violate the access level, to manipulate incorrect data, duplicate and export the data or information protected by intellectual property rights or other legal rights, nor intending to access to the computer system’s restricted areas of PICNIC or third parties, to introduce programs, viruses or any other device that produces or may cause modifications to the computer system of PICNIC or third parties.

d) To acknowledge the necessary technical and legal requirements for the correct access and use of the website, involving the download certain computer programs or other logical elements on your devices.

e) Not to use, link, disclose, assign or transmit to third parties in any way, the content published on the website or part or it, or the information of PICNIC without prior and expressly written authorization from PICNIC.

f) Not to damage the image of PICNIC in any way, or carry out any activity or comment that could harm the image and good reputation of PICNIC.

g) To read, understand, and if you are agreed, accept the GENERAL CONDITIONS, PRIVACY POLICY and COOKIES’ POLICY.

6. Intellectual property rights

This website, its content and its distinctive signs are protected by the Spanish and international intellectual and industrial property laws. All of these rights correspond exclusively to PICNIC, and PICNIC reserves the rights of their use and exploitation.

The reproduction, distribution, public communication, transformation and/or making available to the public and, in general, any other means of exploitation, by any procedure, of all or part of the content of the website, its design, its selection and form of presentation of the materials included are prohibited, as well as the trademarks and trade names included in this website. These acts of exploitation could only be carried out with a prior, expressly written authorization of PICNIC and, only in the explicit reference of the indicated intellectual and industrial property rights.

Using the website and/or the content of it, the USERS do not acquire any rights over them, but the right to simply use them in accordance with the GENERAL CONDITIONS.

If any USER performs any activities that may violate any intellectual and industrial rights or any other rights, we ask you to notify us by sending communication to the email holamadrid@the-picnic.com.

7. Hyperlinks and linked sites

a) Hyperlinks

The establishment of the HYPERLINK does not imply in any case, the existence of relations between PICNIC and the owner of the website in which the HYPERLINK is included, nor the acceptance nor the approval by PICNIC to its contents or services.

In any case, PICNIC reserves the rights to prohibit or disable any HYPERLINK from the website at any time, especially when the activity or content of the website where the HYPERLINK is included is unlawful.

b) Linked Sites

PICNIC makes available to the USER through this website, only for the search for, and access to, the information, contents, products and/or services available on the Internet, hyperlinks or technical link devices (for example, links), which allow the USER to access Internet sites or portals belonging to and/or managed by third parties (hereinafter the LINKED SITES).

PICNIC does not offer or market, on its own or through third parties, the information, contents and services available on the LINKED SITES, nor does it approve, supervise or control in any way whatsoever the contents and services and any material of any nature existing on them, the USER assuming exclusive responsibility for browsing through them.

8. Privacy Policy

This privacy policy applies to any type of information that PICNIC treats through this website or other means, profiles or devices that are connected to.

This privacy policy may be modified, so we recommend you to review it frequently.

8.1. Controller of Treatment
The Controller of the treatment of the personal character data is:

a) Responsible: PICNIC EXPERIENCE, S.L. with TIC: B88439369 (hereinafter PICNIC), entered in the Mercantile Registry of Madrid in the Volume 31.733, Folio 28, Section 8 Page M-570963.

b) Registered Address: Alfonso XII, 36, Flat 5º right, Postal Code 28014, Madrid.

d) E-mail: holamadrid@the-picnic.com.

8.2. What is personal data?
Personal data is all the information that identifies or could identify a natural person, directly or indirectly, such as name, last name, image, voice, address, email, phone number, identity official documents (ID, Passport, etc.) and/or that is related to a natural person, such as check account number, credit and/or debit card number, IP address, physical conditions, preferences, habits and behavior, and/or the products or services that you sign for, and/or the information about surfing the Internet through the cookies.

8.3. Types of USERS
Regardless of whether or not you are a USER of the website, with general character, in accordance with the PRIVACY POLICY and/or COOKIES’ POLICY, the personal data that will be treated is:

a) The USERS visiting the website, whose data is collected by Google Analytics cookies system.

b) The USERS requesting information and/or candidate through the available formula in this website.

8.4. What data is processed? For what objective? Based on what legal basis? And what is the time for the conservation?

PICNIC collects and processes information within the following three general categories of scope:

a) Data that the USERS voluntarily provide to PICNIC
The personal data provided by USERS who contract with PICNIC through the website and/or the profile of the social networks of PICNIC exclusively for the purpose of responding their requests.

The legal basis for the treatment of this personal data will be executed for what is requested.

The data will be kept in the necessary duration to manage the request.

b) Data that the USERS provide through the formula of PICNICKER.
The USERS who submit their requests and/or candidates to PICNIC, could file them and send the formula to communicate to PICNIC in this website.

The personal data provided in the formula will be processed. Likewise, PICNIC could contract with the USERS and/or candidates and/or the person mentioned in the formula for the purpose of expanding or confirming the information provided.

All the personal data will be treated solely to manage and/or assess the requests or candidates of the USERS submitting.

The candidate USER declares that the information contained in the formula is true.

The legal basis for the treatment of this data is the prior express and informed consent of the person who provides its data by submitting the formula personally. Likewise, for the expansion and/or confirmation of this data, PICNIC will process it based on the legitimate interest to make the best decision and/or to value it in the best way.

The personal data collected for the candidates will be kept indefinitely for the possible collaborations.

c) Personal data that PICNIC automatically collects from the use of this website by the USERS, such as the interaction of the USERS with the website and/or the necessary cookies and similar technologies.

The legal basis for the treatment of this data is legitimate interest of PICNIC for the constant updating and improving of the website. Once the rights have been complete weighted, no more treatment will be conducted with the information.

The conservation period will be established by each cookie’s mention.

8.5. Data processors and transfer of data
The personal data may also be processed by the external collaborators, as processors, to perform the following services:

a) Computer services, hosting services and the telecommunication of this website.

b) File, managing and destruction of information services.

Apart from the above cases, PICNIC will not transfer the personal data to any third party without prior informing and obtaining the consent of the data subject; it only occurs in limited cases.

In case of transfer, all of the personal data will be maintained the same level of protection committed in this PRIVACY POLICY and/or regulated by the materials of data protection or cybersecurity.

We contract with our collaborators about the confidentiality and the data processing to confirm the high level data protection and the regulations for good practice of confidentiality and security. We will check these regulations and practice periodically.

Additionally, PICNIC could share information or personal data with third parties:

a) In compliance with the applicable laws and regulations, the legal process or the order of a competent authority;

b) To demand the compliance with the contractual obligations, including the investigation of possible violations and/or infractions;

c) To detect, prevent or dispose the technical problems, fraud or security;

d) To protect the rights, property or safety of people.

8.6. International transfer

PICNIC informs that in case of international transfer outside the territory of EEA, will be carried out in accordance with the regulations of data protection valid and in force all the time and especially in the following cases:

a) Storage and email:
PICNIC uses Microsoft’s storage services and its emails.

b) Surfing in the website:
PICNIC uses Google Inc.’s analytics services through Google Analytics.

8.7. Exercise of rights

PICNIC informs the data subjects of personal data that they have these following rights:

a) Access: allows you to obtain the information about whether PICNIC is processing the data that concerns you or not, and in this case, the right to obtain the information about the personal data.

b) Rectification: allows you to correct errors and modify the data that turns out to be inaccurate or incomplete.

c) Deletion: allows you to delete the personal data and stop the processing by PICNIC, unless there is a legal obligation to keep them and/or other legitimate reasons for the treatment by PICNIC.

d) Limitation: allows you to request PICNIC to apply measures on your personal data for limiting the treatment of the data while verifying the accuracy of it or the legitimacy of its treatment; or avoiding its modification, or deleting or suspending, to keep it as proof or as basis of claims.

e) Opposition: in certain circumstances and for the reasons related to the particular situation, the data subjects may oppose the processing of their personal data. PICNIC will stop processing, unless for the legitimate reasons or for exercising or defensing the possible claims.

f) Portability: allows the interested party to receive its personal data and/or that is transmitted directly to another responsible person in a structured format which is commonly used and machine-readable.

The data subjects may exercise their rights of access, rectification, deletion, limitation of treatment, opposition and portability of the personal data, or withdraw the consent, through a written communication, providing a photocopy of ID to PICNIC in the following email: holamadrid@the-picnic.com.

8.8. Claims to a supervisory authority

Any information or question that you have, do not hesitate to contact with PICNIC via email: holamadrid@the-picnic.com.

And remember the address of the Spanish Agency of Data Protection for any claims and/or the additional information of your rights: www.agpd.es.

8.9. Security and guarantee

PICNIC agrees to adopt the security measures within the scope of the guarantee of the security of the personal data and avoid its alteration, loss, unauthorized treatment or access, taking into account the state of the technology, the nature of the data stored and the risk to which it is exposed, all in accordance with the provision of the applicable regulations.

8.10. Children

This website and/or its services offered targets to those persons over 18 years old. So, in case of the children requesting information, acts and/or services from PICNIC, please do so with the prior authorization of your parents or statutory guardians.

PICNIC will not deliberately, collect information from those persons under 18 years old, if we do not have the written expressed permission of their parents or statutory guardians. Meanwhile, PICNIC will use the relevant technical means to prevent the minors from contracting the services that PICNIC offers without the expressed consent of their parents or statutory guardians.

If PICNIC detects that a minor is using this website, requesting information, acts and/or services, without the authorization of their parents or statutory guardians, we will cancel the information that have been sent and communicate to the authority or competent organization. For this, PICNIC requests the collaboration of everyone, in the sense that, if someone detects the disclosure and/or the use of any of these data, please communicate to us through the email, in order to process it appropriately.

9. Cookies’ Policy

This website uses cookies as indicated as follows:

a) What is a cookie?

A cookie is a file that is downloaded to the USERS’ device when you access and use the website, to store and retrieve the information about the surfing took place in the website, such as the number of pages you visit, the frequency and repetitive rate of your visit, the duration of your visit, etc.

b) What kinds of cookies are there?

a) According to the managing subject:

• Cookies of ourselves: those sent to your device from our own computers or domains and from the services we offered that you request in the website.

• Cookies of third parties: those sent to your device from a computer or a domain that is not managed by us, but by another collaborator.

b) According to the period of time remaining active:

• Cookies of session: those stored the necessary information and the related changes during the session.

• Persistent cookies: those stored in the hard drive and read every time you visit the website again. A permanent cookie has a specific expiration date, and will stop working after that date.

c) According to the purpose:

• Technical cookies: those necessary for the surfing and the good operation of the website.

• Cookies for personalization: those that allow you to access the services with predefined characters based on a series of criteria, such as the language, the type of browser that you access the services, the regional configuration from where you access the services, etc.

• Cookies for analysis: those that allow quantifying the number of users and thus perform the measure and statistical analysis of the use made by the users of services provided.

c) What kinds of cookies are used and what treatment of personal data are performing?

This website only allows the use of cookies from the Google Analytics, with the details as follows:

Responsible person	Google, Inc. (hereinafter Google), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. PICNIC cannot control or be responsible for the content of the veracity of the terms and conditions and/or the privacy policies of Google referenced in this cookies’ policy.
The information collected by GOOGLE® and the information provided	Google Analytics captures the interactions of the USERS on the website (the time of your visit, whether you have visited previously, what website has been recommended to you, the visit in question, IP address, etc.). Google Analytics does not provide to PICNIC the information about the USERS’ real IP address, nor your identity: it only provides statistical information consisting of visits (the number of visitors, the number of pages that visit, the page/view, the average duration of visit, % of recurrence, % of new visitors, the number of new visitors and recurring visitors, frequency and recent visit, interactions, visiting pages), demographic data (language, country/territory, city), system (browser, operating system, Internet accessing provider, category of device), source/medium.
Purpose	Google Analytics is a tool of analytics that allows PICNIC to know the surfing habits of USERS. The purpose of it is to analyze and measure the data provided to PICNIC. PICNIC could consult various reports that describe how the USERS interacts, in order to improve the website. GOOGLE ANALYTICS®is governed by Google’s general condition, with the access of: http://www.google.com/analytics/tos.html and the Google’s privacy policy, with the access of: http://www.google.com/intl/es/policies/privacy/.
Deactivate	The USERS may revoke at any time the consent given through the button normally in the initial banner of the website. Alternatively, many browsers allow you to activate a private mode whereby cookies are always deleted after your visit. Depending on each browser, this private mode may have different names. The USERS may deactivate Google Analytics’ cookies through the following systems: The opt-out system of Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=es The setting of browsers, for example: Chrome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647 Explorer: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9 Firefox: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we Safari: http://support.apple.com/kb/ph5042 If you deactivate the cookies of Google Analytics, it will not prevent the use of this website.
Legal basis	It is the consent of the USER, granting by your clicks on the “Accept” button on the informative banner when you access initially the website.
Conservation	The period of retention of your personal data is established by Google in its policy. (http://www.google.com/intl/es/policies/privacy/).

10. Responsibility

PICNIC will try to provide the SERVICES with quality as high as possible all the time. However, PICNIC declines all the responsibility and/or assumption of damages arising from:

a) The breakdown, interruption or damage caused by the failure of system, virus, malware, interference or disconnection or due to the malfunction of the services or the website.

b) The illegal performance of third parties in any means, and/or the improper or inappropriate performance of USERS. In any case, PICNIC will not assume any responsibility caused by these performances or negligence alien to themselves, which may or may not, directly or indirectly affect, the services and other computer equipment of the USERS or third parties.

The USER agrees to indemnify and exonerate PICNIC, its subsidiaries, affiliates, executives and collaborators and/or employees from all the liability, for any claim or demand, including reasonable attorney fees, presented by third parties, as a consequence of the improper or unauthorized use of the website or of the infringement of the GENERAL CONDITIONS, PRIVACY POLICY and/or COOKIES’ POLICY, as well as any violation of legislation or of any right.

PICNIC only provides the USER with the website for the disclosure, the activities and services of PICNIC. The USER, therefore, is responsible solely for the correct use of it, which is in accordance with the GENERAL CONDITIONS, PRIVACY POLICY and/or COOKIES’ POLICY.

If the USER is not satisfied with the use of the website, its contents or any part of the GENERAL CONDITIONS, PRIVACY POLICY and/or COOKIES’ POLICY, the sole and exclusive resource is to stop accessing the website.

11. Nullity and ineffectiveness of the clauses

If any clause included in the GENERAL CONDITIONS, PRIVACY POLICY, COOKIES’ POLICY and/or in case of PARTICULAR CONDITION was declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect the provision of itself or the part thereof, which is null or ineffective. The other parts of GENERAL CONDITIONS, PRIVACY POLICY and/or COOKIES’ POLICY with the provision that would not be affected are subsisted.

12. The applicable legislation and jurisdiction

For any question or divergence that may arise on the website, its contents and products and/or contracted services, the USER and PICNIC expressly submit the application of the Spanish Legislation, in the sense that all the Spanish Courts are equally competent. But the USER and PICNIC expressly waive any other jurisdiction that may correspond, than the Courts of Madrid, unless the applicable legislation imperatively determines another jurisdiction or different legislation.