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Terms and Conditions of Use

1. Responsible for the treatment

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 for any questions or clarification you can contact JAMES & RITA through the following email info@jamesandrita.com.

The download of the application will be free of charge. However, an off-line contract with JAMES & RITA must be signed in order to use the application. For more information: info@jamesandrita.com.

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. Who is it intended for?

JAMES & RITA is aimed at all hotels in order to perform in an agile and practical way the management of internal tasks, such as check-in, management of guest requests, complete management of rooms, management of hotel maintenance, management of restaurant reservations, as well as management of customer service requests.

4. Type of applications

JAMES & RITA is a multi-device, multi-channel, real-time communication ecosystem that enables the exchange of relevant information between the customer and each of the establishment's departments, throughout the entire travel cycle.

It also facilitates inter- and intra-departmental communication to avoid information silos in the operation flow and to provide an efficient and integral service to the customer.

It consists of the following services:

eGuestManager

Specially designed to provide an extremely high quality guest service. Upon guest arrival, it allows to offer all the check-in experiences that the hotel can activate:

Including, if so decided by the hotel, the management of the prepayment of the stay.

During the days that the guest stays in the hotel, eGuestManager can receive and control any request from the guest:

Either performed from the eGuestManager service itself, from any other scanning service (eHouseKeep, eTechAssist, e BellCaptain) or performed directly by the customer through the "James & Rita" app.

Additionally, it allows the control of the quality of the provision of each service by allowing the configuration of warning alarms whenever each request has not been completed within the time defined by the organization. In this way, corrective actions can be taken in real time to minimize the impact of non-compliance on the reputation of the establishment.

Without time limitation, we will maintain a log of activity per guest for analysis to make corrective decisions in the provision of services or to address subsequent complaints.

eHouseKeep

This software service supports the entire operation of a facility's flooring department.

The end user can work with different profiles: manager, supervisor or waitress, the service offers the following functionalities:

eTechAssist

This software service supports the entire operation of the maintenance department of a hotel establishment.

End users can work with different hierarchies (managers / technicians) and with different profiles according to their capabilities or types of incidents. The main functionalities covered are:

eTableBook

This software service is responsible for managing table reservations in the establishment's restaurants.

The service manages both hosted and non-hosted client reservations. It also has its own booking engine that can be activated through the establishment's website to receive online bookings from non-hosted clients.

Its main functionalities are:

eBellCaptain

This software service allows the hotel's Concierge department to handle guest requests.

Its main functionalities are:

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 User's responsibility 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

James & Rita's services are aimed at hotel establishments. It is a requirement that the establishment (User) registers in the application to be able to use it.

James & Rita will assign to the User the access credentials once the registration has been validated and the registration procedures indicated by James & Rita have been completed. In this sense, the User is responsible for treating such credentials confidentially and responsibly, and may not transfer them to another.

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).

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

eGuestManager:

Camera:

Others:

eHouseKeep:

Camera:

Others:

eTechAssist:

Camera:

Others:

eTableBook:

Others:

eBellCaptain:

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. Protección de datos

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 the 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 be able to provide the correct service of the use of the application to the User.

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.

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.

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 purposes 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. Confidentiality and data processing

Confidentiality: - Knowledge and other information transmitted through the application, in the general service contract to be established and other attached documents that constitute proprietary and confidential information of the parties, their protection is of the utmost importance. Excluded are those that are previously part of the public domain. Therefore, the parties assume the obligation to keep it confidential, taking appropriate measures to ensure that such confidential information may not be disclosed, manipulated, copied, reproduced, or made available to third parties, except with the express consent of the affected party, during the term of this contract and thereafter.

The injured party as a consequence of any breach of confidentiality of the aforementioned information shall be entitled to claim the corresponding compensation for damages without prejudice to any legal action that may correspond to it.

Data processing: - JAMES & RITA as Data Controller, will treat the data in accordance with the provisions set forth in point 10. Data protection.

In the event that JAMES & RITA, for the provision of the service undertakes to comply with the provisions of Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, as well as the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) and the state data protection regulations in force. In this regard, a contract for the provision of services with access to data will be signed.

12. Safety measures

JAMES & RITA informs that the 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 avoid 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 it will be up to the User to accept and check the access 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, the following shall be submitted to the relevant courts or tribunals in accordance with consumer and user legislation.

17. Contacto

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