Legal notice
GENERAL INFORMATION
The website www.b3tterfoods.com (hereinafter, the “Website”) is owned by the Spanish company “B3 TTER FOODS COMPANY SOCIEDAD LIMITADA” (hereinafter, the “Website Owner”), an entity registered in the Companies Registry under CIF number B04946026; with registered office at Carretera Barcelona, 65 – Ent. 17003, Girona (Spain), represented by Mr. Adrià Cruz and Mr. Alex Boisset as Directors.
GENERAL TERMS AND CONDITIONS OF USE
Purpose of the Terms and Conditions: The Website
The purpose of these General Terms and Conditions of Use (hereinafter, Terms and Conditions) is to regulate access to the Website (hereinafter, "Users"). For the purposes of these Terms and Conditions, the Website Owner provides marketing services for food products, primarily under the registered trademark B3TTER (hereinafter, "the Services").
The Website Owner reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that, at any time, the Website Owner may interrupt, deactivate, and/or cancel any of these elements that are integrated into the Website or access to them.
In addition to the cost of connection through the telecommunications network provided by the access provider, and contracted by the User, the marketing of the products by the Website Owner will give rise to a contractual relationship and payment agreed upon at the time of the purchase in question by the customer. Payment Terms Payments made on the Website by the User will be made by credit card through the SHOPIFY payment gateway. Access , browsing, and use of the Website confer the status of User, and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as applicable. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website. The Website provides a wide variety of information, services, and data. The User assumes responsibility for proper use of the Website. This responsibility extends to: • Use of the information, Content, and/or Services and data offered by the Website Owner that is contrary to the provisions of these Conditions, the Law, morality, or public order, or that in any other way may harm the rights of third parties or the operation of the Website itself. • The veracity and legality of the information provided by the User in the forms provided by the Website Owner to access certain Content or Services offered by the Website. In any case, the User must immediately notify the Website Owner of any event that may lead to the improper use of the information entered in said forms (such as theft, loss, or unauthorized access to identifiers and/or passwords), so that they can be immediately cancelled.
The User declares that they are of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this Website is not intended for minors. The Website Owner declines any responsibility for failure to comply with this requirement.
III. ACCESS TO AND NAVIGATION OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
The Website Owner does not guarantee the continuity, availability, and usefulness of the Website, nor of the Contents or Services, and will do everything possible to ensure its proper functioning. However, they do not assume any responsibility for, nor guarantee that access to the Website will be uninterrupted or error-free. They
also do not assume any responsibility for, or guarantee that the content or software that may be accessed through the Website is error-free or will cause damage to the User's computer system (software and hardware). In no case will it be liable for any loss, damage or harm of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
IV. PRIVACY AND DATA PROTECTION POLICY
The Owner of the Website undertakes to adopt the necessary technical and organizational measures according to the level of security appropriate to the risk of the data collected.
Laws that incorporate this privacy policy
This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).
Identity of the controller of personal data
The controller of the personal data collected through the Website is the Spanish company “ B3 TTER FOODS COMPANY SOCIEDAD LIMITADA ” (i.e., the Website Owner and also “Data Controller”).
Address: Carretera Barcelona, 65 – Ent. 17003, Girona (Spain)
Email: hello@b3tterfoods.com
Personal Data Registry
In compliance with the provisions of the GDPR and the Spanish law on personal data protection, we inform you that the personal data collected by the Website Owner through the forms provided on the Website will be incorporated and processed in our files for the purpose of facilitating, streamlining, and fulfilling the commitments established between the Website Owner and the User or maintaining the relationship established in the forms completed by the User, or to respond to a request or query from the User. Furthermore, in accordance with the provisions of the GDPR and Spanish law, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is kept that specifies, according to their purposes, the processing activities carried out and other circumstances established in the GDPR.
Principles applicable to the processing of personal data.
The processing of the User's personal data will be subject, depending on their place of residence, to the following principles set forth in Article 5 of the GDPR or the principles set forth in the Spanish Personal Data Protection Act:
• Principle of legality, loyalty, and transparency: the User's consent will always be required after providing fully transparent information about the purposes for which the personal data is collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit, and legitimate purposes.
• Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always up-to-date.
• Principle of retention limitation: personal data will only be kept in a form that allows the User to be identified for the time necessary for the purposes of their processing.
• Principle of integrity and confidentiality: personal data will be processed in a manner that guarantees their security and confidentiality.
• Principle of proactive accountability: the data controller will be responsible for ensuring compliance with the principles indicated above.
Categories of personal data
The categories of personal data processed on the Website are solely identifying data. Under no circumstances are special categories of personal data processed in accordance with Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. The Website Owner undertakes to obtain the User's express and verifiable consent for the processing of their personal data for one or more specific purposes.
The User has the right to withdraw their consent at any time. Withdrawing consent is as easy as giving it. As a general rule, withdrawing consent will not affect use of the Website.
When the User must or may provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if compliance with any of these forms is mandatory because they are essential for the proper development of the transaction.
Purposes of processing personal data:
Personal data is collected and managed by the Website Owner to facilitate, expedite, and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms the User completes or to respond to a request or query.
Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and for activities related to the corporate purpose of the Website Owner, as well as for data extraction, storage, and marketing studies to adapt the content offered to the User, as well as to improve the quality, operation, and navigation of the Website.
At the time personal data is obtained, the User will be informed of the specific purpose or purposes for which the personal data will be processed; that is, the use or uses that will be given to the information collected.
Personal data retention periods.
Personal data will only be retained for the minimum period necessary for the purposes of its processing and, in any case, until the User requests its deletion.
At the time personal data is obtained, the User will be informed of the period for which the personal data will be retained or, when this is not possible, the criteria used to determine said period.
Recipients of personal data.
The User's personal data will not be shared with third parties.
In any case, at the time the personal data is obtained, the User will be informed of the recipients or categories of recipients of the personal data.
Confidentiality and security of personal data
The Website Owner undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, as well as unauthorized communication or access to such data.
The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as data transmission between the server and the User, and in feedback, is fully encrypted.
However, since the Website Owner cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User, in the event of a breach of the security of their personal data and without undue delay, that is likely to entail a high risk for the rights and freedoms of natural persons. Pursuant to Article 4 of the GDPR, a personal data breach is understood to be any breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to personal data transmitted, stored, or otherwise processed.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, partners, and any person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User, depending on their place of residence, may exercise the following rights recognized in the GDPR or those recognized in the Spanish Personal Data Protection Law against the Data Controller:
• Right of access: this is the User's right to obtain confirmation as to whether or not the Website Owner is processing their personal data and, if so, to obtain information about their specific personal data and the processing that the Website Owner has carried out or is carrying out, as well as, among other things, information available on the origin of said data and the recipients of any communications made or planned for them.
• Right to rectification: This is the User's right to have their personal data modified if it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure: This is the User's right, unless otherwise established by current legislation, to obtain the deletion of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue; the personal data has been processed unlawfully; or the personal data must be erased in compliance with a legal obligation. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable measures to inform the data controllers processing the personal data of the data subject's request to erase these links to this personal data.
• Right to restriction of processing: This is the User's right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing. • Right to data portability: If the processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format and to transmit it to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to the other controller. • Right to object: This is the User's right to prevent the processing of their personal data or to stop the processing of their personal data by the Website Owner . • Right not to be subject to a decision based solely on automated processing, including profiling: This is the User's right not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, unless otherwise provided by applicable law. Therefore, the User may exercise their rights by written communication to the Data Controller, specifying :
Name and surname of the User and a photocopy of their identification document. In cases where representation is permitted, identification by the same means of the person representing the User will also be required, as well as the document proving the representation. The photocopy of the identification document may be replaced by any other legally valid means that proves identity.
• Request with the specific reasons for the request or information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that accredits the request.
This request and any other attached documents may be sent to the company "B3 TTER FOODS COMPANY SOCIEDAD LIMITADA" at the following address and/or email address:
Address: Carretera Barcelona, 65 – Ent. 17003, Girona (Spain)
Email: hello@b3tterfoods.com
Claims before the supervisory authority
In the event that the User considers that there is a problem or violation of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement.
Acceptance and changes to this privacy policy
It is necessary that the User has read and agrees to the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.
The Website Owner reserves the right to modify its Privacy Policy at its own discretion, or as a result of legislative, jurisprudential, or doctrinal changes by the Data Protection Agency. Any changes or updates to this Privacy Policy will be explicitly notified to the User.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website Owner owns all intellectual and industrial property rights to the Website, which are protected by Spanish law and relevant international treaties. Thus, all content on the Website and any software, computer programs, graphic interface elements, or other elements relating to the content and/or Services made available to Website Users by the Website Owner belong exclusively to the Website Owner.
Access to the Website is granted to the User free of charge by the Website Owner. This license of use does not confer any rights over the elements of the Website protected by intellectual and industrial property rights.
All rights reserved: the reproduction, distribution, and public communication, including the making available, of all or part of the contents of this Website for commercial purposes, on any medium and by any technical means, are expressly prohibited without the authorization of the Website Owner.
If the User or a third party considers that any of the Website Content constitutes a violation of intellectual property rights, they must immediately notify the Website Owner using the contact information provided on the Website.
VI. LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION
The Website Owner reserves the right to file any civil or criminal actions it deems necessary for the improper use of the Website and its Content, or for non-compliance with these Terms and Conditions.
In case of doubt, the Catalan version shall apply; The other versions of these general terms and conditions are translations.
The relationship between the User and the Website Owner shall be governed by Spanish law. In the event of any dispute arising regarding the interpretation and/or application of these Terms and Conditions, the parties shall submit their disputes to the jurisdiction of the Courts of Girona.
COOKIE POLICY
Like most websites, our websites use cookies to collect information. Cookies are small data files that are placed on your computer or other devices (such as smartphones or tablets) as you browse our websites. They are used to 'remember' when your computer or device accesses our websites. They allow us to remember if you are logged in to the site and what items you had in your shopping basket. Cookies are essential for the effective operation of our websites and to help you shop with us online. They are also used to personalize the products and services offered and advertised to you, both on our websites and elsewhere.
Information Collected
Some cookies collect information about browsing and purchasing behavior when you access our websites through the same computer or device. This includes information about pages viewed, products purchased, and your journey through a website. All data transmitted by cookies is anonymous and will never contain individual details such as your name, address, telephone number, or payment information, but they may contain our customer reference number, which is unique to you. For more detailed information on how cookies work, please visit www.allaboutcookies.org.
How are they managed?
The cookies stored on your computer or other device when you access our websites are designed by:
B3 TTER FOODS COMPANY SL or on our behalf, and are necessary to enable you to make purchases on our websites;
third parties that participate with us in marketing programs; and
third parties that serve web banner advertisements for us.
What are they used for?
Cookies are used by our marketing partners to present you with appropriate offers and advertising as you browse other sites on the internet, based on your browsing activity while on our site. Cookies also allow us to work with our web analytics partner, Google Analytics, to see how you like to use our website, which pages or special features you prefer, and help us improve them. We may match the data we capture through cookies with personal data we already have about you to better understand you. This helps us continually improve the relevance of our promotional communications, your shopping experience, and our products and services. The main purposes for which cookies are used are:
For functional purposes essential for the effective functioning of our websites, particularly in relation to online transactions, site navigation and preferences.
For marketing and advertising, particularly web banners and targeted updates via digital channels and social media.
To allow us to collect information about your browsing and purchasing behavior, helping us improve your shopping experience and monitor performance.
To allow us to fulfill our contractual obligations to make payments to third parties when a product is purchased by someone who has visited our website from a site operated by those parties.
Marketing Cookies:
B3TTER FOODS works with partners who serve advertisements or present online offers on our behalf. Most of these business partners use session and persistent cookies. These cookies are used to deliver advertisements more relevant to you and your interests. They are also used to limit the number of times you see an advertisement and help measure the effectiveness of the advertising campaign. All data collected by third-party cookies is anonymous and will never contain your name, address, telephone number, email address, or payment details.
What type of cookies do we use?
There are two types of cookies that may be used during your visit to our site:
1. Session Cookies.
Session cookies are deleted after each visit to our site. For example, when you browse our site, it will remember you for the duration of your visit, but the cookie will be deleted from your computer as soon as you close your internet browser. Session cookies allow you to add an item to your basket and then proceed through the checkout process. If you do not allow these cookies through your web browser, you will not be able to place an order on this site.
2. Persistent Cookies.
Persistent cookies remember you for a set period of time, allowing your wish list and/or previously viewed products to be displayed the next time you visit our site and if you are logged into your account.
Disabling and Deleting Cookies
Most web browsers will offer the option to disable or reject cookies. How you do this depends on the web browser you are using. Instructions for rejecting cookies can usually be found in the browser's "Help" menu. Please note that, like most other transactional websites, disabling third-party cookies will not prevent you from making purchases on our websites. However, rejecting cookies we have used through your web browser will mean you will not be able to make a purchase on our website. You may also find that the functionality of many other websites and services will be impaired. Cookies can be deleted using your web browser. However, unless they are rejected, they will be reapplied the next time you visit a website.
If you wish to disable cookies, you must change your website browser settings to reject cookies. How you do this will depend on the browser you use.