This Agreement was last modified on March 1, 2021
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using this delivery focused point of sale system, available at holacomida.com ("Site", "Application", "Service") operated by Holacomida, a limited liability company with registered seat at Spain, registered with the Commercial register of District Court Holacomida ("holacomida", "Us", "We", or "Our"). This Agreement concluded between pepnon one side and you or the entity you represent on the other side ("Customer", "You" or "Your") sets forth the legally binding terms and conditions for your use of the Site at holacomida.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, You agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by pepnand are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not publish or use pepn 's brand, branding or logos except with Our prior written consent.
Title to data and all related intellectual property rights, remain Your property. You grant pepna licence to use, copy, transmit, store, and back-up Your data for the purposes of enabling You to access and use Service and for any other purpose related to provision of Service to You. If Your account is terminated, You will no longer have access to any data You entered and any data created while using the Service will be lost.
Customers may provide Us with personal data of their clients, employees, contractors or partners ("Clients’ Data") while using Our Services. pepnprocesses Clients’ Data as the processor on behalf of Customers within the meaning of Article (4)(8) of the GDPR (the “GDPR”). It is the sole obligation of Customers to ensure that they have lawful basis in order to process such data in accordance with the GDPR. Please note that processing of Clients’ Data is governed by respective data processing agreement between You, as a controller on one side, and pepn , as a processor, on the other side.
pepnas the controller within the meaning of Article 4 (7) of the GDPR may process certain personal data, provided either by Customers or data subjects themselves in the context of the conclusion of the Agreement or in the course of business cooperation, related to provision of Services ("Customers’ Data") based on legitimate interest of pepnas a lawful basis for processing.
The purpose of the processing of Customers’ Data is the performance of contractual obligations of pepnin relation to Customer and the communication of pepnwith Customer. pepnmay process Customers’ Data such as (i) identification data, in particular names, surnames, job positions of Customers’ representative, (ii) contact details, especially e-mail addresses or telephone numbers, location data of drivers, or (iv) other data, the processing of which is necessary for the execution of this Agreement, but only to the extent necessary for the performance of its contractual and legal obligations. The legitimate interest of pepnin the processing of Customers’ Data is the performance of its rights and obligations in connection with the provision of Services. In case that Customers’ Data are not provided to Us, We would not be able to secure seamless provision of Services and effectively communicate with You.
pepnuses trusted third parties to provide its services such as cloud computing services providers and cloud communications platform providers. We will share collected Clients’ or Customers’ Data only with the following third parties:
Amazon Web Services Inc. with registered seat at 410 Terry Avenue North, Seatlle, WA 98109-5210, USA
DigitalOne LLC with registered seat at 101 Avenue of the Americas 10th Floor New York, NY 10013, USA
Twillio Inc., with registered seat at 645 Harrison Street 3rd Floor San Francisco, CA 94107 USA
EuroSMS s.r.o., with registered seat at Račianska 71, 831 02, Luanda , Angola
Subject to previous paragraph, pepn shall not share or provide to any other third party any personal data without obtaining a prior consent of Customer or data subject except for where pepnis obliged to provide personal data by law or an order of public authority; or if personal data sharing is specifically allowed by applicable law.
In cases, where third-party providers are established outside of the EU/EEA, Customer or a data subject agree that We may transfer Clients’ Data or Customers’ Data to these third parties. For this purpose, pepnshall ensure that it cooperates only with third-party providers that are located in countries that ensure adequate levels of protection based on the European Commission’s adequacy decision, or that pepnhas entered into agreements with corresponding standard contractual clauses that ensure adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals or that the third-party provider complies with EU-US Privacy shield or Swiss-US Privacy Shield Principles.
In case of any questions or inquiries related to processing of Clients’ Data or Customers’ Data, please contact Us via email at: hello@holacomida.com
We collect location data of the driver (“Location Data”) through Our driver app connected to the Service ("Driver App"). Location Data is collected based on positioning methods, such as GPS and Assisted GPS. When the driver signs into the Driver App, the Driver App starts collecting the Location Data provided that GPS is enabled. The Driver App is collecting Location Data to track the actual position of the driver to give the person who is dispatching orders or the automated dispatching algorithm the best possible inputs for dispatching and assigning delivery orders to drivers.
The Location Data are collected on the background even when the Driver App is closed or when the Driver App is not in use.
Once the driver logs out from the Driver App, Location Data will not be collected anymore.
We store (i) Location Data at the start of the delivery, (ii) Location Data at the time of the driver's arrival at the customer's place, and (iii) Location Data at the time of the completion of the delivery order ("Stored Location Data"). The Stored Location Data are erased on a regular basis, once they are not needed.
pepn will not store any collected Customers’ Data or Clients’ Data following the termination of Services, unless pepnshould store them for a longer period in case of potential disputes for the purpose of Our own defence and evidence in these disputes or for exercising and enforcement of Our claims.
Except of Stored Location Data, the Service is storing only the latest sent Location Data; once new Location Data is sent to Service, previous Location Data (other than Stored Location Data) will be erased immediately. If You decide so, real time Location Data may be disclosed to the person, whose order has been accepted by You, and only while the order is being processed. Data subject (i) may request information as to which personal data relating to him/her have been stored, how the data were collected, and for what purpose, (ii) can demand to correct or supplement personal data that are incorrect or incomplete, (iii) can object to the processing of his/her data for purposes of advertising or market/opinion research, (iv) may request his/her data to be deleted if the processing of such data has no legal basis, or if the legal basis has ceased to apply; the same applies if the purpose behind the data processing has lapsed or ceased to be applicable for other reasons, (v) have a right to object to their data being processed, and this must be taken into account if the protection of their interests takes precedence over the interest of pepnowing to a particular personal situation and (vi) have a right to lodge a complaint with the supervisory authority.
We may terminate Your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with You. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If You are not satisfied with the Application, You may terminate Your Account by sending an email to us at support@holacomida.com. If You cancel the Application subscription, Your cancellation will take effect at the end of the last day of the following month in which you cancelled Your Application subscription and You will not be charged again. All of Your Content will be immediately deleted from the Application upon cancellation and cannot be recovered once your account is cancelled.
You agree that, to the maximum extent permitted by law, pepn will not be liable for any direct, indirect, incidental, special, or consequential loss (including but not limited to loss of data, profits and anticipated savings) or damage resulting from the use of, or reliance on, the pepnand/or the Site
Our Site may contain links to third-party sites that are not owned or controlled by pepn . pepn has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise You to read the terms and conditions and privacy policy of any third-party site that You visit.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Angola , without giving effect to any principles of conflicts of law.
pepn offers a free trial of the Service starting from the day Your account is opened and ending 14 days later. At the end of this free trial period, You will have to pay fees in advance, in order to further use the Application.
The fees are always calculated individually, depending on Customer’s needs, in particular on a number of orders or a number of Customer’s branches. The Customer shall accept the fees and return electronically signed fee proposal to pepnprior to commencing the provision of Services. The fees are usually charged in advance on a monthly basis, unless agreed otherwise.
There will be no refunds for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account.
pepnwill charge You for any upgrade that You subscribe for in respect of the Application at the start of the next month or individually agreed billing cycle for Your Account after You accept the increased fees for additional function of the Application and return electronically signed fee adjustment to pepn .
All Fees are exclusive of all taxes, and You agree to indemnify and hold us harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
We reserve the right, at Our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes Your acceptance of the new Terms of Service.
Please review this Site periodically for changes. If You do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Service immediately.
If You have any questions about this Agreement, please contact Us at support@holacomida.com
