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Terms and Conditions of Use

1. General information

In compliance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the User is informed that the owner of the application and its identification data are as follows:

Responsible: JAMES & RITA, S.L. - refered from now on as JAMES & RITA

TAX ID: B02828614

Registered office: Avda. Diagonal 605 7º - 4ª, 08028 Barcelona

E-mail address: info@jamesandrita.com

Registration data: Registered in the Mercantile Registry of Barcelona in Volume 47563, Folio 119, Page 555681, Inscription 1

2. General aspects

The usage of JAMES & RITA's services is subject to the Terms and Conditions of Use described below.

Therefore, it is recommended to read carefully the Terms and Conditions of Use and in case of any doubt or clarification you can contact JAMES & RITA through the following email info@jamesandrita.com. Likewise, the User declares to be of legal age and/or to have sufficient legal capacity to be bound by these Terms and Conditions.

The application is free, no payment is required, and no in-app purchases can be made.

These Terms and Conditions of Use shall apply to your access and use of JAMES & RITA, and/or any accessible features, content, tools and services related to the App.

JAMES & RITA reserves the right to change or modify any of the Terms and Conditions of Use contained in these Terms and Conditions or any policy of the Service. The JAMES & RITA User will be previously informed of any changes affecting the same, in reference to the Terms and Conditions of Use and/or the functionality of the application itself and any changes or modifications will be effective once published on the website located at www.jamesandrita.com and/or on the JAMES & RITA application.

3. Object

JAMES & RITA is a sophisticated yet easy to use tool for Users, which will allow them to enjoy their stay in the registered hotel from start to finish covering all your service needs with real time responses.

The following functionalities can be enjoyed through the application:

4. Who is it intended for?

JAMES & RITA is aimed at all those Users (Guests) who wish, in a practical and comfortable way, to check-in at a James & Rita client hotel; as well as to request services during their stay (among those available at each hotel) from any place in a simple and controlled way.

5. Download the App

The User, before proceeding with the download, must make sure that he/she has:

6. Support

In accordance with these Terms and Conditions of Use, JAMES & RITA will offer and/or publish from the digital store new extensions or versions, and other services in connection with the use of the application.

In any case, it is the responsibility of the User to update the application, through the functionalities provided by JAMES & RITA through the digital store.

Any questions about technical support regarding the application can be sent to the User by e-mail to support@jamesandrita.com.

7. Use of the application

The User undertakes to make diligent use of the application, as well as of the information related to its services and activities, in full compliance with the applicable regulations, as well as with generally accepted morals and good customs and public order, the conditions of access and use and any other conditions established in the application.

In addition, you agree to refrain from using any of the contents for illegal purposes or effects, prohibited in this text, harmful to the rights and interests of others, or in any way damage, disable, overburden, impair or impede the normal use of the contents, other users or any Internet user (hardware and software).

The User is informed that, when checking-in, the image of the ID card is sent from the application, and only for a few seconds, and those identification data required to comply with current legislation, from the mobile device, so that the hotel can verify the identity of the guest.

The transmission of the image is fully encrypted and the application requests prior authorization for the transmission of the image.

The hotel will only be able to view this image, and will not be able to store it at any time.

8. Application operation

In case of non-compliance with the Terms and Conditions of Use, JAMES & RITA reserves the right to limit, suspend and/or exclude access to its application, adopting any technical measures necessary to respect them. JAMES & RITA, will do its best to keep the application in good working order, avoiding errors, or repairing them and keeping the contents updated. However, JAMES & RITA does not guarantee the availability and continuity of access to the application or the absence of errors in the content.

9. Access

Location:

Phone:

Camera:

Others:

When downloading the application, the user will be asked for permission to access the indicated accesses. The User is also informed that he/she will be able to control the information or functions to which the application has access once it is installed on the device.

10. Data protection

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as with Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, as the Controller of the processing of the personal data provided, provides you with the following information:

Who handles data?

JAMES & RITA, S.L. | B02828614 | Avda. Diagonal 605 7º-4ª, 08028, Barcelona | info@jamesandrita.com

For what purposes are the data processed and what is the basis for the legitimacy of the processing?

We process the data in order to provide the correct service of the use of the application to the User.

As part of the service, Users will receive notifications, push or alerts. Likewise, the User will be able to manage such notifications through the configuration of his or her device.

It is reported that the data entered in the application will be stored permanently on the User's device, so JAMES & RITA will not store data on its servers. In this sense, for the security of the User's data, it is recommended to keep the device locked.

To whom will the data be communicated?

The data will not be communicated to third parties, except by legal obligation or with the express consent of the person concerned.

How long is the data kept?

The data will not be kept longer than necessary for the purpose for which they have been requested, unless there is a legal obligation.

Are there any international data transfers?

No international data transfers will be made to third countries outside the European Union.

What rights exist and how to exercise them?

The user may exercise the rights referred to above, under the terms and conditions provided for in current legislation, at the registered office of JAMES & RITA or request it by sending an e-mail to info@jamesandrita.com.

In the event that you do not receive a satisfactory response and wish to make a complaint or obtain more information regarding any of these rights, you can go to the Spanish Data Protection Agency (www.agpd.es - C/ Jorge Juan, 6 de Madrid).

11. Geolocation

JAMES & RITA, may require access to the geolocation of the device, so you must use the location services of the operating system. This access is considered a collection of personal data so you must transmit geolocation data to the app.

Prior to the installation, as well as, once installed, JAMES & RITA, will inform you about the use of such system, and you must expressly accept or reject it.

In any case, the User may revoke at any time in a simple and effective way, the treatment that the app performs by using the location of the device, thus preventing JAMES & RITA has access to the processing of location data.

The App will only be able to access the geolocation data when the User uses the application, so this system will not be activated continuously. If it were necessary to use the location data on a continuous basis, it would be informed in advance, requesting your express consent independently.

12. Security measures

JAMES & RITA informs that its processing of personal data is carried out at all times in accordance with the applicable regulations on data protection and information society services.

JAMES & RITA has implemented the necessary technical and organizational security measures to ensure the security of the User's personal data and prevent its alteration, loss, treatment and/or unauthorized access in accordance with the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or the physical or natural environment, in accordance with the provisions of current regulations.

13. Liability

The User is solely responsible for the use that may be made of any information or mechanism of the application.

JAMES & RITA, shall not be liable for any damage to the hardware and/or software of the User arising from access and use of the application. Likewise, it will not be responsible for these damages and/or damages that may be caused by access and/or use of information from the application, and in particular those that may occur in computer systems or those caused by viruses and/or computer attacks, crashes, interruptions, absence or defect in communications and/or Internet.

The User shall be liable for any damages and/or losses that JAMES & RITA may suffer as a result of the breach of any of the obligations to which he/she is subject through the Terms and Conditions of Use.

14. Intellectual and Industrial Property on the contents

JAMES & RITA, or its licensors, are holders of all intellectual property rights on the Contents of the application, meaning all designs, databases, underlying computer programs (including source code), as well as the different elements that make up the application (text, graphics, photographs, videos, colors, etc.), structure, order, etc. In relation to trademarks and trade names ("distinctive signs") are owned by JAMES & RITA, or licensors.

The use of the application by the User does not imply the transfer of any intellectual or industrial property rights. The User is strictly prohibited from reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the Contents or the Distinctive Signs, except with the authorization of the owner of the corresponding rights or if this is legally permitted.

15. "Links" Policy

The application may contain links to third party websites that allow the user to access. However, JAMES & RITA, is not responsible for the content of these linked websites, but the user will be responsible for accepting and checking the accesses each time you access.

Such links or mentions have a purpose that does not imply support, approval, commercialization or any relationship between the page and the persons or entities that own the sites where they are located.

16. Applicable legislation

The Terms and Conditions of Use shall be governed by and construed in accordance with Spanish law.

For the resolution of any dispute that may arise from access to the application, shall be submitted to the relevant courts or tribunals in accordance with the rules of consumers and users.

17. Contact

If you have any questions or comments about this legal notice, please contact us by e-mail at info@jamesandrita.com.