GRUPO VIDELA – WEB PRIVACY POLICY

 

Your trust is of paramount importance for us. With this in mind, one of the main objectives of our company is to ensure transparency and clarity in our relations with you.

With this objective, we are writing to inform you that we have updated and adapted our privacy protocols and policies and brought them into line with the European General Data Protection Regulation (GDPR) EU 2016/679. We have done this because we are concerned about the security and protection of data relating to your personal information and we want you to know how we protect your data.

1. WHO IS RESPONSIBLE FOR HANDLING YOUR DATA?

The companies belonging to Grupo Videla are referred to on its website: www.grupovidela.com (henceforth Grupo Videla). Grupo Videla, whose address is: Carrer Transversal 6, 12, 08040 Barcelona (Spain), is entity responsible for the data within which your personal information is deposited.

For any consultation, you can contact us via:

 

2. COVERAGE OF THE POLICY

When you access and use this website, participate in the blog, or use any other means that implies processing personal data, you agree to accept this Privacy Policy and also the conditions included in the Legal Conditions and Cookie Policy.

At Grupo Videla, we provide you with information so that, prior to filling in your personal data, you can access the Privacy Policy and any other relevant information relating to Data Protection.

 

3. FUNDAMENTAL PRINCIPLES

  • We will never ask you for personal information unless it is really necessary for providing the services that are required.
  • We will never share the personal information of our users with anybody, except when this is required to comply with the law or when we have their express authorization to do so.
  • We will never use your personal data for a purpose other than that outlined in this privacy policy.

4. WHY DO WE USE YOUR DATA?

Grupo Videla fully respects your privacy as a client. We collect the personal information that we need for the management and maintenance of some of our services, and also for some of the other purposes outlined in this Privacy Policy.

Grupo Videla processes your personal data for the following purposes:

  • CONTRACTUAL: To contract, maintain and review the fulfilment of the services that you have contracted with Grupo Videla.
  • CONSENT: For any commercial and marketing action that may be carried out by any means, including telematically.
  • LEGITIMATE INTEREST: (i) To begin commercial actions, (ii) Also for the prevention, investigation and detection of fraud, and (iii) to send product and service recommendations, bearing in mind those that you have contracted in the past.

5. UNDER WHAT CIRCUMSTANCES WILL WE ASK FOR YOUR DATA?

  • To register you as a client of Grupo Videla.
  • To request any of the services and/or products that we offer.
  • To manage requests from candidates wishing to work for us or for companies that work with us.
  • To respond to consultations that may have come to us.

6. WILL YOUR DATA BE COMMUNICATED TO OTHERS?

Our priority is your peace of mind.

For this reason, we guarantee that your data will only be released to:

  1. Companies in Grupo Videla, for the following purposes:
  • To undertake commercial actions relating to the provision of general or customised products and services.
  • To contract products and/or services.
  • To meet legal obligations.

 

You will be able to access the full list of companies that we will provide your data to. You can see this via the corporative website: www.grupovidela.com.

 

  1. Competent Public Organisms, the Tax Agency, the State Security Forces and Corps, Judges and Tribunals, when Grupo Videla has the legal obligation to facilitate this information to them.
  2. Grupo Videla also relies on the collaboration of some third-party service suppliers which will have access to your personal data and which will handle these data in the name of, and on behalf of, Grupo Videla, as a consequence of the services that they provide.

To be more specific, and by way of a non-limited example, the aforementioned suppliers provide their services in the following sectors: courier and package delivery services, banking services, information systems, etc.

 

Under no circumstances will your personal data be shared with third-party companies without obtaining your prior consent.

 

7. HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION?

The period for keeping your personal data will vary according to the service that you contract. Whatever the case, your data will be kept throughout the period of the working relationship. Once this has come to an end, we shall keep your data blocked throughout the prescribed periods established for the treatment of such data and/or the legally established periods, remaining at the disposal of the competent authorities, for the attention of any possible responsibilities originating from their treatment.

 

8. HOW CAN YOU EXERCISE YOUR RIGHTS?

As the owner of the rights to your personal information, you have control over these data. In this way, we can also be sure that the information is precise and truthful.

The rights that you can exercise are:

  • The Right of Access: you will be able to see whether we are treating personal data relating to you in any of the Grupo Videla companies.
  • The Right to Rectification and Suppression: you will be able to access your personal information and to ask for the rectification or suppression of your data when they are incorrect or you consider that they are no longer necessary for the purpose for which they were originally collected.
  • The Right to Opposition: you will be able to oppose the treatment of your data, unless there are imperative legal requirements preventing this, or they are necessary in the exercise of, or defence against, possible legal claims, for which they will remain duly blocked throughout the corresponding periods and for as long as any associated legal obligations remain in force.
  • The Right to Limitation of treatment: you will be able to ask us to limit the treatment of your personal information while any challenge to the correctness or legality of your data is being verified and/or during the exercise of, or defence against, any possible claims or litigation.
  • The Right to Portability: you will be able to request the portability of the data that have been made available to us to another person responsible for their treatment, under certain determined circumstances.

You will be able to exercise your rights without any cost.

How can you present a claim to the Control Authority?

If a user considers that there is a problem with the way in which Grupo Videla is handling their data, they may address their claims to the person responsible for privacy, via the email address rgpd@grupovidela.com, and to the corresponding control authority responsible for data protection, with the Spanish Agency for Data Protection being the appropriate authority in the case of Spain.

 

9. SECURITY

At Grupo Videla, we maintain the highest levels of security demanded by the Law governing the protection of your personal data against fortuitous loss and unauthorised access, treatments and/or revelations, bearing in mind the current state of technology, the nature of the data stored, and the risks to which they are exposed. When we receive your data, we use rigorous procedures and security functions to prevent any unauthorized access.

The actions described in this section and aimed at guaranteeing an appropriate level of security for the risks detected will, if necessary, include the following measures:

  1. The use of pseudonyms and the coding of personal data.
  2. Measures capable of guaranteeing the confidentiality, integrity, permanent availability and resilience of the treatment systems and services.
  3. Measures capable of restoring the availability of, and providing rapid access to, personal data, in the case of physical or technical incidents.
  4. The existence of a regular verification, evaluation and assessment process to guarantee the effectiveness of the technical and organizational measures undertaken, in order to guarantee the security of the treatment.
  5. A periodic evaluation of the risk of the accidental, or illicit, destruction, loss, or alteration of the personal data transmitted, conserved, or treated in another way, or of the unauthorised communication or access to the said data.
  6. Measures to guarantee that anyone acting under the authorisation of Grupo Videla and having access to personal data can only process these data following instructions from Grupo Videla.

 

10. CONFIDENTIALITY

The personal data that may be collected will be handled with absolute confidentiality. We pledge to keep them secret and to guarantee the duty to safeguard them, by adopting all necessary measures to prevent their unauthorised modification, loss and treatment or any unauthorised access, in line with what is established in the relevant legislation.

 

11. ACCEPTANCE AND CONSENT

The user declares that they have been informed of the conditions relating to the protection of their personal data and accepts and allows their treatment by Grupo Videla in the way, and for the purposes, indicated in this privacy policy.

 

12. CHANGES TO THE PRIVACY POLICY

Grupo Videla reserves the right to modify the current policy and to adapt it to comply with any new legal conditions, or jurisprudence, and with standard practice within the sector. Under such circumstances, Grupo Videla will announce, via this page, any changes that may be introduced, providing reasonable advanced warning of their coming into vigour.

13. COMMERCIAL MAIL

In accordance with the LSSICE, Grupo Videla does not use SPAM, and therefore does not send commercial correspondence via electronic mail that has not previously been requested or authorised by the user. Consequently, in each of the forms on this website, the user has the possibility to give their express consent to receive the news bulletin, independently of any specifically requested commercial information.

In accordance with the contents of Law 34/2002 relating to the Services of the Information Society and to electronic commerce, Grupo Videla promises not to send any commercial correspondence without duly identifying it as such.

 

14. RESPONSIBILITY FOR MAIL

The user will be the only person responsible for this, as a result of the completion of forms containing false, incorrect, incomplete or outdated data.

 

CONDITIONS OF SERVICE FOR THE VIDELA MESSENGER APPLICATION AND PRIVACY POLICY

The present conditions of use (henceforth, the “Conditions for the VIDELA Messenger application” regulate the terms and conditions for the downloading/use of the “VIDELA Messenger” software application (henceforth, the “Application” and/or “Software” and/or “VIDELA Messenger App”) by the User, in their terminal or device, and the different services that this Application, or App, offers.

VIDELA Messenger is an App via which GRUPO VIDELA promotes its catalogue of Products and comfortably and smoothly manages the collection of orders from its users/clients.  The functions/services of the VIDELA Messenger App are described in the 4-Services section of the current conditions.

Users who download and can make use of the Application to manage their orders are exclusively clients of GRUPO VIDELA and people whose data have been previously introduced into GRUPO VIDELA management systems.

The licence holder of the software and the provider of the company’s information society services is PESCADOS VIDELA, S.A., with CIF A08777609, trading address at C/ Transversal 2, Nº 12, Mercabarna, 08040 Barcelona, and with the same address for notifications/exercising rights.

PESCADOS VIDELA, S.A. is registered in the Mercantile Register of Barcelona, volume 5214, book 4522, section 2ª, folio 8, page 64347, first inscription.

  1. – Downloading the application and acceptance of the current conditions.

1.1 The VIDELA Messenger App can be downloaded from the website https://web.20bananas.com/__________, which belongs to 20 Bananas, S.L. (the Developer of the App), with whom GRUPO VIDELA has a contractual relationship, and/or via the application distributor/s Google Play and App Store, (henceforth, ¨the Shop¨).

1.2 Before downloading and installing, the distributing entity, or ¨the Shop¨, will provide you with information about the basic characteristics of the application, and with the ¨authorisations¨ that you will need for access. We ask you to read the before downloading and installing the App.

We inform you that the consent required from the user to introduce or read information in their device will be understood to have been granted from the positive action of the user when they press the “install” button on the application.

1.3 The user will be able to uninstall the application at any time.

1.4 Once the application has been downloaded, by selecting the icon “VIDELA MESSENGER¨ in the Device or terminal, the User will have access to it, and should then provide validation or “identify themself¨ with their login (telephone number or CIF) and key.

The access key for the App is initially a single-use password and the first time that the client/user accesses it, they will be asked to replace it with one of their choice.

It is an essential condition of the use of the App that the user is officially registered as a “client¨ in the management system or of GRUPO VIDELA.

Acceptance of the present conditions supposes the total conformity of the User with these conditions and will, to all effects, be equivalent to the written signature of the User.

 

  1. – Licence Conditions for the Use of the Software (VIDELA Messenger App)

2.1 Conditions of use:

Downloading the VIDELA Messenger App is free and voluntary, regardless of whether the connection and browser employed by the user may, or may not, be subject to invoicing by your operator.

Similarly, and independently of the fact that the downloading of the application may be free, some of the services and functions that may be available via the application in the future may be charged for, but this will be communicated to the user in sufficient time and is independent of the current conditions.

Based on the current conditions, GRUPO VIDELA grants, and the user accepts, the possibility to make use of the App, which includes the total, or partial, reproduction of software exclusively available via its use, downloading, execution and exhibition in a device either belonging to, or under the control of, the user.

The use of the software is restricted to that previously mentioned and its use for any other purpose is expressly prohibited and will be considered a violation of the laws of intellectual and industrial property. It is expressly prohibited for the user, or any third party, to either totally, or partially, manipulate the software.

 

2.2 Intellectual and Industrial Property:

The rights of use of the App and of any of its contents and elements, and, in particular, the rights governing its use, operation, distribution, transformation and public communication shall, at all times, exclusively belong to GRUPO VIDELA.

In addition, the elements that form part of the application, such as the images, photographs, designs, drawings, contents, logotypes, brands, and any other product included, or referred to, in the Products that are publicised via the App, are the property of GRUPO VIDELA and/or of third parties who hold all the rights or relevant authorizations for their use, with these being protected by virtue of the applicable legislation relating to Intellectual and Industrial Property.

As a result, access to the application does not grant the user any rights, or ownership, over the intellectual and/or industrial property of the elements/contents stored in the VIDELA Messenger App, which cannot, therefore, be the object of exploitation, reproduction, distribution, modification, public communication, cession or transformation, or of any other form of diffusion that has not been expressly authorised.

 

2.3 Responsibility of the User:

The User will be responsible for checking that the software is compatible with their device, and therefore assumes responsibility for any damage that the use of the software, including its installation, may cause to their device.

It is the responsibility of the user, either directly or through the organization in whose name they make the download, if this were the case, to obtain the appropriate devices for the purposes established within these conditions, and also to accept the consumption produced by the use of the data network.

 

2.4 Responsibility of GRUPO VIDELA

GRUPO VIDELA declares that the design, development, hosting, management and maintenance of the App has been contracted to someone who, under the instructions of GRUPO VIDELA, takes responsibility for providing the support and maintenance services related to the App.

GRUPO VIDELA reserves the right to make modifications and/or improvements to the App, at any time and without previous warning. GRUPO VIDELA also reserves the right to update, modify or eliminate the information/contents stored in the application, even being able to limit, or not allow, access to such information, without previous warning, and especially when technical problems arise that relate to realities or circumstances beyond the control of GRUPO VIDELA and that, according to its criteria, reduce or effectively annul the appropriate levels of security required for the appropriate use of this application.

In no case will GRUPO VIDELA be responsible for any losses, damage or prejudices, of any type, that may arise as a result of accessing and using the application, including, but not being limited to, those produced in computer systems as a result of the introduction of viruses and/or computer attacks. Neither will GRUPO VIDELA be responsible for any damage that the users might suffer due to an inappropriate use of the application or, in any way, relating to failures, interruptions, absences of service or defects in telecommunications services.

The responsibility of GRUPO VIDELA shall consequently only be subject to reclamation if the breach, modification, deficiency, suspension, lack of availability or cancellation of the application has its origins in causes directly attributable to GRUPO VIDELA.

Similarly, GRUPO VIDELA shall not assume any guarantee and/or responsibility in the hypothetical case of the User having downloaded third party software differing from that authorized.

 

2.5 Hyperlinks

GRUPO VIDELA cannot be held responsible for the veracity, integrity or updating of information/contents that have not been produced by it and which are recommended by another source, nor for contents hosted on other websites or applications that could be accessible via hyperlinks or links from the application and that have been facilitated to the user as alternative sources of information. These will be governed by the terms and conditions for use that, for this purpose, may be demanded by the owners of such websites or applications.  GRUPO VIDELA does not, therefore, accept any responsibility regarding any possible prejudices that might originate from the use of such contents or information. Under no circumstances will the aforementioned hyperlinks be considered as recommendations, sponsored content, or anything distributed by GRUPO VIDELA relating to information, products and/or services, or, in general, third-party contents, offered by these sources, or diffused by the same, in whatever way, shape or form.

 

  1. – Description of the services of the VIDELA Messenger App:

The VIDELA Messenger is an Application via which GRUPO VIDELA promotes its catalogue of Products and smoothly and comfortably manages the collection of orders from its users/clients.

Once the user-client has accessed the VIDELA Messenger App, as described in point 1.4, the user will have access to the following services or functions:

– Access to the catalogue of GRUPO VIDELA products, as well as to its offers and promotional pamphlets;

– Marking products as favourites;

– Placing and managing orders;

 

  1. – Other Conditions

4.1. Authorisations requested via the VIDELA Messenger App

As described in section 1.2 of the current conditions, and in order to make the different functions/services of the application available, the App can access the following information and ask for the following authorisations:

Purchases in applications:

Identity: it uses one or several pieces of these data (device accounts – profile data)

Contacts: it only uses contact information to send the invitation to one specific user, every time, and loads the Hosting App service: OVH at https://srv.20bananas.com within the European Union

 

Photos/multimedia/files:  it uses one or several of the device files, as images, videos, or audio or from the external storage of the device.

Camera: it uses the camera of the device.

Identity of the device and call data: it allows the application to determine the telephone number and ID of the device, if a call is active and the remote number is connected via a call.

 

5.- Policy for Processing Personal-Private Data

In accordance with what is established in the European General Data Protection Regulation, EU 2016/679, of 27th April (henceforth GDPR), relating to the protection of physical persons with regard to the processing of personal data and the free circulation of these data, as well as what is foreseen in the Spanish legislation relating to the protection of data of a personal nature, we provide the following information about the treatment of your personal data as a user of the VIDELA Messenger App:

 

5.1 Person/entity responsible for the treatment of your data

Identity CIF:  PESCADOS VIDELA, S.A. – CIF A08777609

Mercantile Register of Barcelona, volume 5214, book 4522, folio 8, section 2ª, Page 64347, Inscription 1ª

Business address: C/ Transversal 2, Nº 12 – Mercabarna – 08040 Barcelona.

Legal address: GRUPO VIDELA – C/ Transversal 2, Nº 12 – Mercabarna – 08040 Barcelona.

Electronic mail for exercising rights: rgpd@grupovidela.com

Telephone/fax: 932626940

Web page: http://www.grupovidela.com/

 

5.2 Objective/s: So that PESCADOS VIDELA, S.A. can use the personal data of the users of the VIDELA Messenger App

You hereby authorize PESCADOS VIDELA, S.A. to process your data for the following purposes:

Managing the setup of your account as a user of the VIDELA Messenger App, as explained in point 1.4 of the current conditions.

The management of orders made via the App.

To send you information, by any means, including by electronic communication, from GRUPO VIDELA and/or from related companies via the website: http://www.grupovidela.com, and also to make your data available to these companies for the same purposes.

 

5.3 Periods or criteria for storing data: We inform you that you will be able to uninstall the VIDELA Messenger App at any time, via the administrator of applications on your device.

Without prejudice to anything previously mentioned, we will continue processing your data as a client while there is an active contractual relation and, once this expires, during the period established by the relevant tax/mercantile law relating to the person/entity responsible for data processing.

 

5.4 Automated decisions, profiles and the logic applied; PESCADOS VIDELA, S.A. does not currently have any intention to create profiles of the users of the VIDELA Messenger App, nor to make any automated decisions.

 

5.5 Legitimation for the processing of your data: The legal base for the processing of the personal data of a client is the existing contractual relationship with the interested party; and as the user of the VIDELA Messenger App, the legal base is the consent required to read information from the device, and also for the processing of your identification as a user and of the telephone number associated with the terminal.

We inform you that the use of the VIDELA Messenger application is voluntary. However, to access and/or use some of the services/functions of the VIDELA Messenger App in order to place orders, it will be necessary for the user to facilitate their identification (login) and key. Omission or refusal to provide, or allow access to, some of the requested data will make it impossible to fulfil the stated purpose.

Acceptance of the current conditions supposes the total conformity of the User with these conditions and will, to all effects, be equivalent to their written signature.

 

5.6 Service providers with access to data, recipients of your data or transfers:

PESCADOS VIDELA, S.A. will not communicate data to any third party, except under legal obligation.

Your data as a client can be passed to:

–  The Tax Administration and/or Banks/Savings Banks, as long as this is to fulfil administrative, accounting or fiscal obligations;

– Other companies within the Group, for internal administrative purposes and based on legitimate interest;

– Companies or organizations that provide services to GRUPO VIDELA, and for whose provision of services it is necessary to access the personal data of the client (e.g. Financial consultants, legal services, credit/solvency assessors, transport companies.

The legitimacy of the handling of your data by those in charge of its processing and uploading is implicit to the fulfilment of the contract signed GRUPO VIDELA and the person/people providing the services.

You are also informed that PESCADOS VIDELA, S.A. has no plans to transfer your personal data any other country or international organisation:

the App Host that includes contacts, products and orders which can be found at: OVH HISPANO, S.L.U. 

 

5.7 Exercising Rights-How to exercise your rights: The client/user of the VIDELA Messenger App will, at any time, be able to send a communication, in writing, to the electronic mail address rgpd@grupovidela.com or to the address for exercising their rights: GRUPO VIDELA, C/ Transversal 2, Nº 12, 08040, Barcelona, where they should clearly state their contact data and request, in both cases enclosing a photocopy of their DNI or any other equivalent identity document, to request the exercising of any of these rights:

You have the right to consult your personal data in the files of GRUPO VIDELA and also the use that GRUPO VIDELA makes of them (right to access).

You may also request the modification of these data if they are incorrect (right to rectification).

Or ask for their suppression (right to cancellation).

Or request that your data should not be processed for certain uses (right to opposition). In this last case, GRUPO VIDELA shall cease to process the data in the form that you specify, except when this is necessary due to legal imperatives or for the exercise of, or defence against, reclamations.

The right to request the limitation of their treatment, in which case the data will only be conserved by GRUPO VIDELA for the exercise of, or defence against claims.

The right to the portability of data: in the case that you decide that your data should be treated by another organization, GRUPO VIDELA will facilitate the portability of your data.

 

The possibility to withdraw consent: in the case of having granted consent for some specific purpose, you have the right to withdraw that consent at any time, without this affecting the legitimacy of the treatment based on the consent prior to its withdrawal.

 

Reclamations before the Control Body: If you do not agree with the way in which GRUPO VIDELA is handling your data, you can send a reclamation to the Spanish Agency for Data Protection (www.aepd.es)

 

More information about your rights, Models and formulas: you have the right to address the Spanish Agency for Data Protection (www.aepd.es) in order to obtain additional data about your rights.

 

Additional information

– All personal data facilitated to GRUPO VIDELA will be treated by the company in accordance with the European General Data Protection Regulation (EU) 2016/679 (GDPR) and the Spanish law governing the protection and processing of data of a personal nature. Your data will be left in our file or database called USERS OF THE VIDELA MESSENGER APP, which has been created and maintained under the responsibility of GRUPO VIDELA.

Acceptance of the Privacy Policy: By your acceptance of the present privacy policy, you authorize GRUPO VIDELA to process your personal data and to do this in line with the procedures established in the previous paragraphs.

 

  1. – Modification to the conditions of use

GRUPO VIDELA reserves the right to develop or update the General Conditions of Service of the VIDELA Messenger App and its Privacy Policy, at any time, so the user should read and review them periodically.

 

  1. – Applicable Law and Jurisdiction

The present General Conditions of Use, and also the use of the VIDELA Messenger App, will be governed by Spanish law. Any dispute will be resolved before the courts near the official address of GRUPO VIDELA. If any of the stipulations of the current General Conditions of Use should turn out to be impossible to exercise, or should be judged null and void by virtue of the applicable legislation or as the result of a judicial or administrative resolution, such impossibility of application or invalidity shall not render inapplicable or invalidate the current General Conditions of Use as a whole. In such cases, GRUPO VIDELA will proceed to the modification or substitution of the stipulation in question with another that is valid and can be applied and which, as far as possible, can serve the objective and purpose reflected in the original stipulation.

GRUPO VIDELA will pursue any breach of the current Conditions and also any inappropriate use of the VIDELA Messenger App, using all the civil and penal actions that may be required and serve in law.

 

 

 

 

 

 

 

 

La legitimidad del tratamiento de sus datos por parte de los encargados de tratamiento y subencargados del tratamiento, es la ejecución del contrato del encargo, suscrito entre GRUPO VIDELA  y el/los prestador/es de servicios.