TERMS OF USE

LAST UPDATE: 20.07.2018

1. ACCEPTANCE OF THE TERMS OF USE

When using or accessing any of our websites, our loyalty program or our mobile applications (collectively, the "Services"), which can be accessed through different media or devices and which are offered by the COMMUNITY OF OWNERS OF THE SHOPPING CENTER LA MAQUINISTA, with address at Avenida Potosí, number 2 in Barcelona,  C.I.F. H-62322771 (entity referred to by the first-person verbs and pronouns of the plural, as the case may be), you accept and agree to comply with these terms of use (the "Terms of Use").

These Terms of Use constitute a legally binding contract. If you do not agree to any of these Terms of Use, you must refrain from using or accessing the Services.

These Terms of Use apply to any Services, on the understanding that some Services may be subject to additional provisions (see below the sections entitled "Specific provisions applicable to our loyalty program and the physical loyalty card." and "Specific provisions applicable to the  geolocation").

Please note that we may offer services that are not subject to these Terms of Use, but to your own terms and conditions (for example, the gift cards we offer are governed by special terms and conditions).

The Services are intended for users sixteen (16) years of age or older. 


2. REGISTRATION AND ACCOUNT

Access to the loyalty program and/or some of our Services through our mobile applications or websites may be contingent upon creating an account with us. The creation of an account and the communication to us of the required personal data are voluntary.

When creating your account with us, you will need to complete the corresponding registration process, during which you will be offered the following options:

  • Create an account using the references of the loyalty card that we have previously issued in your name (i.e. by entering the code mentioned under the barcode of the loyalty card or by scanning the barcode) and confirm your personal data (i.e. name and surname, date of birth, address and postal code,  gender, telephone number and email address); or
  • Create an account by providing us with the requested information (i.e. first and last name, email address, date of birth, address and postal code, gender and telephone number) and choose a password; or
  • Create an account through your own Facebook, Google or Twitter account.

In any case, you agree to provide us with accurate and complete information, as well as to update such information if necessary.

Once the account is created, it will be automatically linked and associated with the loyalty card that we have been able to issue in your name prior to the creation of the account.

If by creating your account you are not the holder of a loyalty card issued by us, the creation of the account will result in the automatic issuance of a loyalty card by us. You acknowledge that the loyalty program and card are personal and are reserved for natural persons for their personal and non-professional use.

They cannot be transferred and the loyalty card does not constitute a payment card in any case. You agree that we may freely modify, suspend or cancel the loyalty program at any time and for any reason.

If you have opted in to access your account using your Facebook, Google or Twitter account, you will be prompted to log in with your Facebook, Google or Twitter password. In all other cases, you will be prompted to log in by entering your email address and the password you have chosen. You agree to notify us immediately, via the address atencionalclientewestfield@lamaquinista.com, of any unauthorized use of your account to access the Services.

If you only wish to subscribe to our loyalty program without creating an account with us to use other Services offered through our mobile applications or websites, or if you wish to take advantage of our physical loyalty card, please refer below to the provisions specifically related to the creation of the loyalty card ("Specific provisions applicable to our loyalty program and the physical card").  of loyalty.."). 

3. CONTENTS AND EXTERNAL LINKS

We may include in the Services or in communications you receive through the Services, hypertext links to Internet sources or third-party websites. We do not exercise any control over such websites or Internet sources.

You expressly acknowledge that we will not be liable in any event for any information or content, products, services or materials that are available on Internet sources or third party websites or in relation to actual or potential damages that may arise from the use of the information or content,  products, services or materials available on or from access to Internet sources or third party websites. 


4. PRIVACY AND PROTECTION OF PERSONAL DATA

If you use the Services, we will ask you to provide us with your personal data to provide you with those Services that require the authentication of your identity and to manage and improve our business relationship. Some of this data is necessary to provide and manage the Services, while others will allow us to get to know you better and tailor our Services to your needs.

Click on  Privacy Policy, which explains in detail what personal data will be processed and what rights you can exercise as an interested party and where you can find all the mandatory information.

 

5. INTELLECTUAL PROPERTY

5.1. Our contents

Both the Services, which include any software used in connection with them, and all of their contents (including but not limited to, texts, editorial content, databases, page design, operating systems, photographs, images, graphics, videos, sounds, maps, logos, brands, information and any elements of any kind that make up the Services) (collectively,  the "Contents") are protected by applicable copyright law or by copyright, trademark, service mark, patent or other exclusive rights and are owned by us, under our control or have been licensed by us. We grant you a personal, non-exclusive, worldwide, non-transferable, limited, revocable license to access and use the Services solely for personal purposes on any computer or mobile device for as long as you use the Services.

Except as otherwise provided in these Terms of Use, the Services or The Contents may not be copied, represented, reproduced, reused, republished, published, communicated or publicly reproduced, transmitted, adapted, translated, used to create derivative works, sold, assigned, sublicensed, reverse engineered, disassembled, extracted in whole or in part or distributed in any medium,  except to the extent permitted by applicable law.

Failure to comply with these provisions constitutes an infringement and may give rise to civil and/or criminal penalties. Both our licensors and we reserve the right to take legal action against any person who fails to comply with these provisions. 


5.2. Your Contents

You may generate, post, upload, enter, send or offer through the Services, the information, text, editorial content, photographs, images, graphics, videos, sounds, messages, logos, trademarks and materials of any kind that you send, store or share while using the Services (collectively, "Your Content" "). You will retain ownership of Your Content and any other exclusive rights you own with respect thereto. However, by generating, posting, uploading, entering, submitting or offering Your Content through the Services, you agree to grant both us and our affiliates a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, perform, publicly communicate, publish, adapt, reformat, exploit and translate Your Content on any medium and in connection with the Services to the extent permitted by the  applicable law. This license will remain in force until the expiration of the period of one year from the closure of your account, whatever the reasons for such closure.

6. YOUR RESPONSIBILITIES

6.1. User Conduct and Content

The functionalities of the Services allow you to share Your Content and your information through the Services, including on social networks. Notwithstanding the foregoing, you are and will be entirely responsible at all times and in all circumstances for the use of the Services and all Of Your Content.

You agree not to use Your Content or the Services for any unlawful or inappropriate purpose, including but not limited to:

  • Publish, facilitate, introduce, upload, send or perform any other action through the Services with any of Your Contents that is contrary to public order and morality or of an illegal nature, that threatens, harasses or harasses other people or is harmful to them, that is violent, abusive, malicious, defamatory, obscene,  slanderous, insulting or pornographic, invasive of the privacy of a third party, inciting hatred or racially or ethnically discriminatory, objectionable or encouraging or promoting the development of illegal activities;
  • Post, facilitate, enter, upload, submit or perform any other action through the Services with any of Your Content that violates any laws, regulations or rights of any third party, including copyrights, trademarks, trade secrets, patents, intellectual property rights, privacy rights, image rights or other personal or exclusive rights;
  • Post, facilitate, introduce, upload, send or perform any other action with any type of "junk mail", marketing materials, unsolicited or unauthorized advertising or any other form of offer made through the Services;
  • Use viruses, time bombs, cancellation robots, malware, worms, malicious code, defects, Trojan horses, corrupted files or other computer code, files or programs designed to disrupt, destroy, limit or hinder the normal functioning of the Services, networks or servers connected to the Services;
  • Harm or attempt to harm a minor in any way;
  • Create a false identity in order to deceive third parties;
  • Use technology, automated systems such as robots, spiders, tracking programs, or other means to collect and access unauthorized content or non-public spaces;
  • Use any form of data mining, robots, or similar data collection and extraction tools;
  • Attempt to test, scan or scan the vulnerability of any network or system connected to the Services or violate its security or authentication measures;
  • Advertise or offer the sale of products or services for any professional purpose.

We will not monitor those of Your Content that are available through the Services. Notwithstanding the foregoing, we reserve the right, but do not assume the obligation, to review Your Content and remove or remove, in our sole discretion, any of Your Content that does not comply with these Terms of Use. Nor will we monitor or restrict communications exchanged between users through the Services.

You expressly acknowledge that if you access the Services, you may receive or may be exposed to content, products or services that you may find inappropriate, inaccurate, misleading, defamatory, obscene or offensive. To the extent permitted by applicable law, you acknowledge that we will not be liable for acts that take place in connection with the content available through the Services. Notwithstanding the foregoing, if you identify any illegal content, please notify us through the address atencionalclientewestfield@lamaquinista.com.

Failure to comply with these Terms of Use may result in the issuance of a warning and/or the suspension or closure of your account immediately and without prior notice, without prejudice to any legal action that may be taken. 


6.2. Your responsibility

You will be entirely responsible for preserving the confidentiality of your passwords and account identifiers. We assume no responsibility for any consequences that may arise from the use of your account by an unauthorized third party. You will also be responsible for all activities that take place under your account. We recommend that you choose a strong password and change it periodically to limit the risks of unauthorized access to your account.

You are and will be entirely responsible at all times and in all circumstances for those of Your Content that You transmit to the Services, for your use of the Services and for all activities carried out under your account. Accordingly, you will be responsible for correctly configuring or taking all appropriate measures to maintain Your Content, including your own data and/or software stored on your computer and/or mobile device, in conditions of adequate security, protection and backup to deal with any attack.

You acknowledge and agree that when you download, obtain or access information, material or data using the Services you will do so at your own discretion and at your own risk, and that you will be entirely responsible for any damage that may be suffered by your computer system or any loss of data that may result from the download of the information,  the material or data mentioned.

You must have all equipment (including computer, mobile device, etc.) to use and access the Services in accordance with applicable laws and regulations, including but not limited to intellectual property rights laws. 


7. OUR RESPONSIBILITIES

The Services we provide are for informational purposes only. Although we have taken all reasonable steps to ensure that the Contents of the Services are accurate, comprehensive and up-to-date, the Services are provided subject to their availability and without any warranty. You expressly agree that you use the Services at your own risk.

To the fullest extent permitted by applicable law, we will not be liable (i) for any damages, losses or consequences arising out of any use of the Services or their Content or those of Your Content that you disseminate through the Services, or (ii) against you for any indirect loss or damage,  immaterial damages or damages for lost profits or loss of income, use or data that may arise from the use or handling of the Services.You expressly acknowledge that (i) the Services are not free from errors or viruses, (ii) connection to the Services involves the risks inherent in any connection and transmission over the Internet and mobile phone networks,  in particular, with regard to transfer speed, response time to inquiries or requests for information and technical performance, (iii) we do not exercise any control over the networks or internet sites of third parties that you may access when using the Services, (iv) we assume no responsibility for the loss of data or for the inability to save,  error in the delivery or non-timely delivery of any data or material through the Services, and (v) we exclude all warranties, whether express or implied, including warranties of satisfactory merchantability/quality or suitability of the Content and Services for a particular purpose or need. 



8. SPECIFIC PROVISIONS APPLICABLE TO OUR LOYALTY PROGRAM AND THE PHYSICAL LOYALTY CARD

Our loyalty program is free of charge and allows you to benefit from offers, promotions and information related to our loyalty program, as described in more detail on our website. To benefit from our loyalty program, you must create a specific account with us in the manner described below.

If you wish to use the virtual version of our loyalty card and/or the other Services we offer through our mobile applications or our websites, including the loyalty program, please refer to the provisions set forth above regarding the registration and creation of an account ("Registration and Account"). You can benefit from our loyalty program and the physical loyalty card upon request through one of the following options:

  • At the mall: (i) go to the front desk of our mall; (ii) complete the corresponding form with the requested information; and (iii) the receptionist will immediately issue and deliver your personal loyalty card to you; or
  • Through our website: (i) log in to our website and complete the registration form relating to the loyalty programme or use your Facebook, Google or Twitter account; (ii) we will assign you an identifier, which will be sent to you by email; (iii) print the e-mail message and display it at the reception of the relevant shopping centre; and (iv) the receptionist will immediately issue and deliver your personal loyalty card.

Once created, if you wish to benefit from the rest of our Services or obtain a virtual version of the loyalty card, please refer to the provisions set out above in relation to the registration and creation of an account ("Registration and Account"), in particular, those relating to how to create an account using the references of the loyalty card that we have already issued to you. In any case, you agree to provide us with accurate and complete information, as well as to update such information as often as necessary. You acknowledge that the loyalty program and card are personal and are reserved for natural persons for their personal and non-professional use.

They cannot be transferred and the loyalty card does not constitute a payment card in any case. You will be entirely responsible for preserving the confidentiality of your passwords and account identifiers. We assume no responsibility for any consequences that may arise from the use of your account by an unauthorized third party. You will also be responsible for all activities that take place under your account. You agree to notify us immediately, via the address atencionalclientewestfield@lamaquinista.com, of  any unauthorized use of your account to access the Services.You agree that we may freely modify or suspend the loyalty program at any time and for any reason.

The system incorporated into the loyalty card is based on RFID technology (radio frequency identification). RFID uses electromagnetic fields to transfer data for the purpose of automatically identifying and tracking tags linked to the loyalty card. Notwithstanding the foregoing, if this process does not conform to your preferences, please use the virtual version of the loyalty card, available through our mobile application.


9. SPECIFIC PROVISIONS APPLICABLE TO OUR "LOYALTY POINTS PROGRAM"

You can activate our loyalty points program (the "Loyalty Points Program"), as an option within the Loyalty Program. The Loyalty Points Program is free of charge and allows you to benefit from cashbacks and personalized offers as described in more detail in these Terms of Use, on our website and mobile application.

9.1.1 Definitions:

For the purposes of these Terms of Use, the following terms shall have the following meanings:

a) Participating Store(s)

Participating Store(s) means all stores in our shopping centers except:

  • Banks / ATMs
  • Temporary boutiques / pop-up shops
  • Vending machines (food, beverages)
  • Click & Services
  • Gambling halls / lottery administrations
  • Online shopping (including Click & Collect)
  • Non-commercial services (e.g. swimming pool, medical centre...)

b) Purchase
Purchase means a purchase of 20 (twenty) euros or more made in the Participating Stores and Restaurants located in the Shopping Center (expressly excluding online purchases) and whose purchase receipt or receipt will be sent in the manner indicated in the Loyalty Account.

9.1.2 Activation of the Loyalty Points Program

To benefit from our Loyalty Points Program:

  • You must have a Loyalty Account; and
  • You must activate the Loyalty Points Program and send your Purchase receipts through the means provided for this purpose.

Please note that the analysis of your Purchase receipts will be managed by Transaction Connect (a French company with registered office at 86, rue du faubourg St Denis, 75010 Paris, and registered in the Paris Trade And Trade Register under number 822 619 185).

The activation of the Loyalty Points Program can be done through our website or our mobile application as follows:

  • When you first subscribe to the Loyalty Program: access our website or mobile application and complete the registration form to activate the Loyalty Points Program; or
  • At any time after your registration in the Loyalty Program: you will find a link in your Loyalty Account that will allow you to activate the Loyalty Points Program.

When you decide to activate the Loyalty Points Program by charging your Purchase receipts, we will ask you to indicate a current account of your ownership in which to make the deposits (from which you can document proof of ownership).

9.1.3 Loyalty Points Program Benefits:

a) Offers of reimbursement or 'cashback'

Each Purchase made in the Participating Stores will generate loyalty points as follows:
-Participating Stores: 10 points per Purchase (per day)
When you reach 100 points:
You will be entitled to receive a cashback offer of 5 (five) euros with the sole condition that you make an additional Purchase in one of the Participating Stores within 1 (one) month from the day you reach 100 points.
This refund will be paid directly, within a maximum period of 7 (seven) days from the date of the Additional Purchase.
You will be entitled to receive a maximum of 4 (four) annual refunds per Loyalty Account.

b) Personalized offers

Based on your Purchase(s), we will negotiate with participating Stores personalized offers that are of interest to you, provided that you have given your consent to do so.

 

9.1.4 Validity of Loyalty Points

Your Loyalty Points will be valid for 12 (twelve) months from the date of your last Purchase in the Participating Stores.
Loyalty Points have no commercial value (except for the benefit of the refund or 'cashback') and may not be sold or transferred to any third party.

 

9.1.5 General information about the Loyalty Points Program

  •  You acknowledge that the Loyalty Points Program is of a personal nature and is reserved for natural persons to use for private and non-professional purposes. Loyalty Points may not be transferred to third parties.
  • You agree that we may freely modify or suspend the Loyalty Points Program at any time and for any reason in accordance with section 14. In particular and without limitation, we may freely suspend the possibility of loading your Purchase receipts.
  • In the event that you make several Purchases on the same day in the same Participating Store or in two Participating Stores belonging to the same company and / or that develop their activity under the same brand / denomination, said Purchases will be computed as a single one for the purposes of the Loyalty Points Program.
  • As indicated above in the definition of Purchase, it will be necessary to make a minimum expenditure per Purchase of 20 (twenty) euros.
  • The number of items purchased will not be taken into account.
  • When you activate the Loyalty Points Program by uploading one or more Purchase receipts, the receipts that will be taken into account will be those corresponding to the Purchases made on the day of loading, with a limit of five (5) receipts per day.
  • When you activate the Loyalty Points Program by uploading one or more Purchase receipts, the bank details you provide will not be accepted for another loyalty account.

9.1.6 Compliance with these specific conditions
Deleting or re-creating your Loyalty Account and/or deactivating or reactivating the Loyalty Points Program will not allow you to enjoy more than 4 (four) refunds per year.

 

10. COOKIES POLICY

When you visit our website, we use cookies and similar technologies to provide you with a good experience and to gather information about the use of our site in order to improve it. You can get more details about such use in our "COOKIES" section below. 

What are cookies

Cookies are small text files that are deposited on your computer or mobile phone when you visit a website. They are widely used to make websites work or do so more efficiently. Cookies help a website recognize your device and remember information about the visit (for example, your favorite language, font size and other preferences and information about your activity). 

How we use cookies

When you access and use our website, we place cookies in your browser ("first-party cookies"). The use of cookies allows us to manage the Services you request from us, facilitate your navigation through our website and the use of its functionalities in order to provide you with an impeccable experience. Accordingly, we provide you with the "Remember Me" functionality, more specifically. 

Third-party cookies 

Also used are cookies from third parties ("third-party cookies"). In particular, we use Google DoubleClick and Facebook's advertising reach solutions to provide you with targeted ads based on your interests as well as to improve campaign performance information.     

In addition, we use the tools:

- Google Analytics, which help us measure traffic and obtain usage statistics in order to understand the way in which visitors access and use our website. We use information collected through cookies that helps us improve our Services and collect aggregate statistics about how visitors use our website.  Please note in this context that Google collects your personal information by using Google Analytics on our website for its own purposes. To learn more about how Google uses Google Analytics and collects and processes data, please visit Content Square's www.google.com/policies/privacy/partners/.

- UX ANALYTICS" to help us understand the user's journey on our website. The cookie collects the following information:

• Technical information about the device you are using, such as the type of device, your operating system and the web browser.

• Statistical information about your use of the website, among others: mouse movements, scrolling and clicking time, or the origin of traffic.

• Connection data,  such as cookie identifiers and IP addresses.

In this sense, UX ANALYTICS cookies will truncate the last octet (the last 3 digits) of the user's IP address and replace them with "x". This process is carried out as soon as possible immediately after the ip collection and before any type of geolocation takes place. IP addresses are processed only to calculate the regional geolocation of our visitors and are never linked to other information or data that can identify individual users. We use the information collected to compile aggregate statistics about how users use our site. This information allows us to detect which contents arouse the greatest interest to the user and helps to improve the ergonomics and performance of the website, without identifying any particular individual. Please note that, in this context, Content Square may process information collected in aggregate form for its own use, in order to obtain anonymous statistics to improve its service and generate reports. You can find out more about UX ANALYTICS at https://www.contentsquare.com/en_uk/privacy-policy//".

In addition, please note that UX ANALYTICS does not allow the collection of the following information:

• the values entered by the user in the form fields;

• what the user types on their keyboard; ni

• full IP addresses." The information is kept for a maximum period of thirteen (13) months. After this period, we will ask for your consent again.

How to manage your cookie preferences

At any time you can indicate or modify your cookie preferences. However, please note that if you block all cookies, you may not have full access to the functionalities and pages of our website.

Most browsers and devices allow you to manage your cookie preferences by modifying your settings.

You can set your browser to:

• automatically deny or accept all cookies;

• automatically deny or accept our own cookies and/or third-party cookies;

• inform you before saving cookies, giving you the opportunity to decide whether to accept them.

Therefore, if you consent to the use of cookies but subsequently decide to stop doing so, you may, through the parameters of your browser, delete those you have accepted and / or modify the configuration of your browser to block subsequent cookies, whether global or specific. The "Help" function of your browser should tell you how to do this. Alternatively, the following links provide instructions for managing cookie settings in commonly used browsers:

• Chrome (https://support.google.com/chrome/answer/95647?hl=en)

• Internet Explorer (http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies)

• Mozilla Firefox (https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences?redirectlocale=en-US&redirectslug=Enabling+and+disabling+cookies)

• Safari (https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac)

Also, if you do not want it to be used:

- Google Analytics on your computer, you can:• Install the Google Analytics browser add-on on https://tools.google.com/dlpage/gaoptout ;

• use ad settings;

• use mobile ad parameters;

• unsubscribe through the Consumer Network Ads opt-out initiative, which you can access at the following link: Content Square http://optout.networkadvertising.org/#!/

- UX Analytics for use in your browser, you can:Follow this link:  http://optout.content-square.net/ , select " I WANT TO OPT-OUT " and click " SUBMIT ".

In addition, you may be interested in visiting www.aboutcookies.org, which contains comprehensive information on how to do this in a wide variety of browsers.

Moreover, you can use another online service that allows you to manage the advertising cookies deposited on your devices: http://www.youronlinechoices.com/ 

 

11. SPECIFIC PROVISIONS APPLICABLE TO GEOLOCATION
As long as we have obtained your prior consent and you have authenticated your identity in our mobile applications, we may collect and process data relating to your location in our shopping centre in order to measure the frequency and duration of your visits and your itineraries within the shopping centre. Based on the aforementioned data on frequency, duration and itineraries, we will grant you loyalty advantages and promotional materials with your prior consent.

The first time you authenticate your identity in our mobile app, we will ask for your consent to activate the geolocation of your mobile device.If you agree to activate the geolocation of your mobile device, this function will be activated immediately and in subsequent connections to our mobile application and for any other visit you make to our shopping center. You can disable the geolocation of your mobile device at any time through your mobile device settings.

If you agree to enable geolocation of your mobile device and share your geolocation data, you consent to our use and sharing of your geolocation data with third parties. For additional information, please see our Privacy Policy

 

12. ASSIGNMENT

You authorize us to transmit, assign or delegate any of our rights and obligations arising from these Terms of Use in favor of any third party.

13. PARTIAL NULLITY
If any provision of these Terms of Use is held to be invalid, void or, for any reason, unenforceable, these Terms of Use shall be deemed separate and severable, and the remaining provisions shall remain in full force and effect in all of their terms.

14. UPDATES TO THE TERMS OF USE
We may revise or update these Terms of Use at any time. Modifications to these Terms of Use will take effect from the moment they are published in the revised version of these Terms of Use available through the Services. In the event that we make changes that we consider significant and require your consent in accordance with applicable law, we will inform you through the Services and ask for your consent, if any.

15. APPLICABLE LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the country in which we are registered and are subject to the exclusive jurisdiction of the courts of that country.