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MERCADONA hereby informs its users about their rights and obligations regarding the content shared on its social profiles, logos and brands used, as well as the responsibilities that could stem from using the service.
MERCADONA is truly committed to the service working correctly and pursuant to the terms agreed with the users. However, situations that might generate responsibilities can sometimes occur (particularly due to the involvement of malicious third parties).
In this regard, the following are examples, without limitation, of cases in which MERCADONA will not be held responsible for users’ actions, with users being responsible for any liabilities:
If there is any information published on social media that had not been published or shared by MERCADONA, or that had been published by an unrelated third party.
If the social network is not operating due to technical reasons attributable to the platform owner, third parties, or unforeseen or force majeure reasons, these circumstances being the social network's or the third party’s responsibility.
If the user stores, disseminates, publishes, or distributes on the social network any kind of libellous, offensive, discriminatory, violence inciting materials or materials that breach morality, public order, fundamental rights, public freedoms, honour, privacy, or third parties’ reputation.
If the user uses the social network to introduce data, viruses, or malicious code in the MERCADONA or any other user's equipment.
If any of the content accessible through MERCADONA's social profiles was contrary to current legislation, it will immediately take it down, as soon as it has knowledge of the situation.
MERCADONA does not commit to informing its users when their comments and posts are subject to edits and/or moderation; however, MERCADONA may warn and take the appropriate measures to suspend and ban users that periodically and systematically send inappropriate content. Those users who have repeatedly carried out the actions above, after having been previously suspended or expelled from the service, may be prevented from using the social profile on an indefinite basis, which entails the definitive expulsion from the programme and the user’s permanent blocking.
MERCADONA is not responsible for the truthfulness, reliability, validity, or integrity of the third-party contents in its social profile or any linked website. MERCADONA is not responsible for the content of websites not operated by MERCADONA.
MERCADONA's social profile may include third-party opinions, recommendations or statements that don't necessarily reflect MERCADONA's point of view nor indicate its commitment with a specific line of action.
The information provided through MERCADONA's profile in social networks must not be considered, in any case, comparable to the professional in-person counselling provided by MERCADONA. Users must obtain the appropriate professional advice related to specific circumstances and queries, with the purpose of achieving maximum efficiency of the adopted measures. In no case will the information provided by social media be considered an alternative to the information provided in-person by MERCADONA.
MERCADONA recommends its users to act with caution, common sense and wisdom when using its social profile and to evaluate in detail the truth, reliability, integrity and appropriateness of the information published in it for their purposes. Any decision made by users on the basis of this information will be strictly at their own risk.
The user, when they start following MERCADONA's social profile, may publish comments, links, images, photos or any other content, depending on the social network itself. The user, in all cases, must be the owner of that content, have the intellectual property rights to exploit it or have the consent of the third parties involved.
The user who decides to share content in MERCADONA's social profile must be aware that the posts will be accessible and, therefore, known by other users; thus, the user will be the sole responsible for the posts, as well as for the implications this might have on their privacy.
Any post on MERCADONA's social profile that attacks or is susceptible to attacking moral, ethic, good taste or decorum, and/or breaches, violates or infringes intellectual or industrial property rights, rights of publicity, privacy or current legislation is prohibited. In those cases, MERCADONA reserves the right to delete the content and may request the permanent ban of the user that made the post.
In this sense, the content, opinions and answers to questions posted, expressed or sent by the manufacturers, sponsors, advertisers or users of MERCADONA's profile, other than the content provided by MERCADONA, are opinions and sole responsibility of the person that sent it, and they do not necessarily reflect the opinions of MERCADONA, who is not responsible for the content third parties post, upload, distribute, disclose or transmit through MERCADONA's official profile.
Likewise, MERCADONA reserves the right not to answer individually the comments and messages received through its profile, as well as to not follow all the users that start following their social profile.
Certain information in MERCADONA's profiles may contain prospective statements, including, but not limited to, predictions of future events, trends, plans or goals. It is not recommended that the user abide only and exclusively by those statements since, due to their nature, they are subject to uncertainty and to known and unknown risks. For all these reasons, MERCADONA does not assume any obligation to publicly communicate updates or reviews on these prospective statements, in order to reflect new information or future events or circumstances or other purposes.
If you have questions, complaints or claims, please check MERCADONA's corporate website at https://info.mercadona.es/en/customer-service/contact-form where you can find the appropriate information channels.
MERCADONA will use its profiles on social media to advertise its own products and services. In any case, if MERCADONA decided to process your contact information (social network user profile and/or email) to carry our direct commercial research actions, it will always comply with the legal requirements of the Spanish Data Protection Law, LSSI-CE, and GRDP.
Recommending other users MERCADONA's social profiles so they can also be informed of its activities will not be considered advertisement.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
MERCADONA is firmly committed to protecting and defending intellectual and industrial property rights. For this reason, it informs users that:
Under no case may it be understood to assign users any exploitation right over the contents described other than as strictly necessary to view them.
For this reason, MERCADONA states that: All logos, brands and trade names presented on the website or the platform are property of MERCADONA and their use is regulated by the Company's corporate rules and/or the provisions made by third parties that allow their use and/or exploitation.
Under no circumstances will navigation through the MERCADONA social profiles entail a waiver, transfer, licensing, or total or partial assignment of intellectual or industrial property rights, unless otherwise stipulated in writing.
As regards links or hyperlinks, they may give access to independent third parties’ websites that are directly connected to the advertising shown and reproduced through the social profile. Since these pages are not property or under the control of MERCADONA, MERCADONA is not responsible for their content and/or operation.
If anyone finds some content contrary to current legislation or that could damage the users, please notify MERCADONA as soon as possible through the email: email@example.com
VIII. DATA PROTECTION AND CONFIDENTIALITY
Pursuant to the provisions in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL OF 27 APRIL 2016, on personal data protection, MERCADONA informs the users that the data provided through MERCADONA's social profiles, as well as the information referred to preferences or other data of commercial interest, will be included in a File owned by MERCADONA, S.A, which purpose is to manage the relationships with clients, potential clients and MERCADONA's social media followers; understanding their preferences and needs, providing corporate, commercial, advertisement and promotional information. Additionally, your information could be processed in the framework of market research, product acceptance level assessment and studies regarding the needs of the target population, and other similar ones, stemming from the relationship that MERCADONA has with the user.
MERCADONA warns the user that it is only responsible and guarantees the confidentiality, safety and processing of the data, regarding personal data gathered from the user through this site/profile on social media, without any responsibility for the processing or further use of the personal data that could be done by the owner of the social network, as well as by third parties that access the data through public profiles in the different social networks.
We hereby inform you that, under the legislation in force, users may exercise, among others, their rights of access, rectification, cancellation, and opposition by writing to MERCADONA, S.A. (Asesoría Jurídica Procesos) C/Valencia no 5, Tavernes Blanques (Valencia), C.P. 46016 (hereinafter, the “Address”) or, if you have the digital signature issued by the Fábrica Nacional de Moneda y Timbre, through the customer service form (https://info.mercadona.es/en/customer-service/contact-form). At any time and free of cost, the following rights:
Exercising the right to access will depend on the social network's functionality and the possibility of accessing the information on the users' profiles. Regarding rectification, we remind you that it can only be exercised referring to the information in MERCADONA's control (for example, eliminating comments posted on the page). Regarding cancellation and opposition rights, they can only be exercised referring to the information controlled by MERCADONA.
Furthermore, you may stop interacting, following or receiving information from MERCADONA's social profiles, delete the content you are no longer interested in or restrict with whom you share your connections, through the means provided by each social network.
IX. DISPUTE RESOLUTION
For any litigation or other issues related to MERCADONA's social profile, Spanish legislation will be applicable, with the Courts and Tribunals of Valencia having jurisdiction to rule on any disputes derived from or related to use of this social profile, provided that the applicable legislation does not expressly establish another jurisdiction.
To file claims in the use of MERCADONA's services, you may write an email or letter to the addresses above; under all circumstances attempts shall be made to reach an amicable solution in the first place.
Last updated: 25/05/2018
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