THE GB FOODS Brandcenter Platform Conditions of Use

1. Ownership and purposes of the Platform

This platform is owned by THE GB FOODS S.A., with registered office at Plaza Europa, 42, 09802 L'Hospitalet de Llobregat (Barcelona), registered in the Barcelona Trade Register, Sheet no. 95.833, Folio 15, Volume 43.929, NIF no. A-08503005 (hereinafter "THE GB FOODS").

THE GB FOODS authorizes the free use of the Brandcenter Platform (hereinafter, the "Platform") only to those employees of THE GB FOODS Group who have been granted access to the same with the purpose of collaboratively collecting, sharing and building proposals for THE GB FOODS group corporate identity (hereinafter, the "Authorized User/s").

The use of the platform shall be governed by these THE GBFOODS Brandcenter platform Conditions of Use (hereinafter, "Conditions of Use"), as well as by the other policies, protocols or corporate conditions that regulate the employment relationship between authorized users and THE GB FOODS Group such as, but not limited to, obligations of confidentiality, personal data and privacy protection, use of THE GB FOODS Group's information systems, etc., obliging, in this regard the Authorized Users to respect both these Conditions of Use and the aforementioned corporate regulations of THE GB FOODS Group.

THE GB FOODS recommends Authorized Users carefully read the present Conditions of Use prior using the platform; access to the Platform implies the acceptance of the same without reservations. Also, THE GB FOODS recommends Authorized Users periodically consult these Conditions of Use to be informed of any amendments.

THE GB FOODS reserves the right to modify, in whole or in part, these Conditions of Use at any time, as well as the services, contents, structure and design of the Platform.

Also, THE GB FOODS reserves the right to definitively cancel and/or suspend the platform, as well as any services or contents of the same when it seems appropriate.

2. Use of passwords

THE GB FOODS will give access to the platform to Authorized Users. Each Authorized User shall be responsible for their own user name and password (and the complexity of the same).

Passwords are personal and non-transferable, access to the platform being expressly prohibited using someone else's user name and password. The consequences of the misuse of passwords and other access keys and use of the Platform will be the total responsibility of each Authorized User.

3. Platform Contents

3.1. General

The use of the content made available to Authorized Users through the platform is limited to the scope of personal, temporary and modality of use that is determined by THE GB FOODS at all times.

Through the platform, THE GB FOODSwill make available to Authorized Users informationrelating to THE GB FOODS Group brand and corporate identity, such as, but not limited to, manuals, materials, services, templates, files, texts, graphics, sound files and/or image, logos, photographs, designs, typologies, hyperlinks to third party websites and any other information which would facilitate the proper use of THE GB FOODS Group brand and corporate image by Authorized Users (hereinafter, the "Contents/s").

For this reason, it is essential that Authorized Users respect, at all times, the guidelines that THE GB FOODS may give for the use of content. THE GB FOODS reserves the right to assign different user profiles for access and/or use of the Platform and/or Content based on the needs of the job of each Authorized User.

THE GB FOODS may, at any time, modify profiles and permissions to access and/or use the Platform and/or Content and may delete them without giving any reason and without the Authorized User having the right to make any complaint. Authorized Users undertake not to use, directly or indirectly, the Content for the realization of activities contrary to the law, morality and public order, or in contravention of the provisions of

THE GB FOODS Group corporate regulations. In this regard, THE GB FOODS recommends that Authorized Users review the protocol for use of THE GB FOODS Group corporate image. In particular, but without limitation, Authorized Users shall not copy, reproduce, disseminate, transform, modify, distribute or, in general, give away the Content, except those acts permitted in these Terms of use or those previously authorized by THE GB FOODS. In case of doubt,

THE GB FOODS recommends consulting with those responsible for the brand and corporate image using the email contact indicated below.

3.2. Services

Among the Content available on the platform, THE GB FOODS can make available to Authorized Users, through the platform, services of a different nature whose use is governed by the particular conditions established in each case and, where these are not provided, by the present Conditions of Use.

3.3. Use of THE GB FOODS source

Among the content available on the platform, THE GB FOODS makes available to Authorized Users the typesetting and source used by THE GB FOODS, over which THE GB FOODS holds a non-exclusive and free usage license (hereinafter, the "GB FOODS source").

In this regard, THE GB FOODS, in its capacity as licensee, authorizes the use of the GBfoods Source to Authorized Users for its application in internally developed advertising pieces and marketing actions aimed at the promotion of products and/or services of THE GB FOODS Group, as well as for the internal use of the GBfoods Source in work documents, on the condition that they are related to the delivery of its services and/or performance of its functions. 

Any use of the GBfoods Source is not allowed, and is absolutely prohibited if not expressly referred to in these Conditions of Use and, where applicable, in special uses not expressly authorized by THE GB FOODS.

The download and use of the file that contains the GBfoods Source is the responsibility of each Authorized User. When downloading and using the GBfoods Source, Authorized Users undertake to comply with the present Conditions of Use.

The file that contains the GBfoods Source must only be installed on computers authorized by THE GB FOODS its use limited to THE GB FOODS authorized employees. It is not permitted to transfer, transmit and/or grant sub-licenses for the GBfoods Source to third parties or to carry out any other disposition of the GBfoods Source. Any authorization for use of the GBfoods Source in favour of a third party shall require the prior approval of the persons responsible from THE GB FOODS Group. In case of doubt, THE GB FOODS recommends consulting with those responsible for the brand and corporate image using the email contact indicated below.

3.4. Downloadable Content

Without prejudice to the present Conditions of Use in relation to the limitations of use of the Content available on the platform, THE GB FOODS reserves the right to provide through the platform, and to certain Authorized Users depending on the profile that is assigned to them, the option to download Content (hereinafter, "Downloadable Content").

THE GB FOODS authorizes the use of the Downloadable Content to Authorized Users for use in commercial pieces and internally developed marketing activities aimed at the promotion of products and/or THE GB FOODS Group services or other related activities, on the condition that they are related to the delivery of its services and/or performance of its functions and subject to prior approval by THE GB FOODS for these specific uses.

Any use of the Downloadable Content is not allowed, and is absolutely prohibited if not expressly referred to in these Conditions of Use and, where applicable, in special uses not expressly authorized by THE GB FOODS.

The download and use of Downloadable Content is the responsibility of each Authorized User. When downloading and using Downloadable Content, Authorized Users undertake to comply with these Conditions of Use as well as, where applicable, with the rest of policies, regulations and/or specific corporate agreements between the Authorized User and THE GB FOODS for a particular use of Downloadable Content not covered in these Conditions.

It is not permitted to remove, transmit and/or grant sub-licenses for Downloadable Content to third parties or to carry out any other disposition of the same. Any authorization for use of the Downloadable Content in favour of a third party shall require the prior approval of the responsible persons from THE GB FOODS Group. In case of doubt, THE GB FOODS recommends consulting with those responsible for the brand and corporate image using the email contact indicated below.

4. Confidentiality

The Platform, passwords, Content and any other information relating, directly or indirectly, to the Platform will be considered as confidential information, industrial secrets and/or trade secrets (hereinafter, the "Confidential Information").

In this regard, Authorized Users are obliged to treat, during and subsequent to the start of their employment relationship with any THE GB FOODS Group company, all Confidential Information to which they have access as strictly confidential, complying with the following obligations:

•  Confidential Information is only to be used for the purposes specified in these Conditions of Use.
•  Treat as confidential all Confidential Information that is handled as a result of access and/or use of the Platform.
•  This confidentiality agreement shall remain in force indefinitely, even after the termination of the employment relationship by whatever cause.

In any event, these confidentiality obligations shall be governed and complemented by any other commitments and privacy policies that could link to the Authorized User with THE GB FOODS Group companies.

5. Responsibilities of Authorized Users

Authorized Users guarantee and declare to THE GB FOODS the proper use of those content that may can upload onto the platform and that the same will be free of charges and levies and will not infringe, and their use will not infringe, intellectual and/or industrial and/or image property rights and/or any other third parties' rights. In particular, Authorized Users declare and guarantee that they have obtained the transfers or third party authorizations, with adequate coverage, for the full effectiveness of the recognition of ownership or transfers of rights referred to in these Conditions of Use and they exonerate and hold harmless THE GB FOODS companies for any claim by any third party arising from a breach of intellectual and/or industrial property rights or any other right.

6. Intellectual/Industrial Property

All industrial and/or intellectual property rights on the Platform and the Content of any kind that appears on the platform are the property of THE GB FOODS or third parties and it may not be understood that the use or access to the same and/or to the Content attributes to the Authorized User any right beyond the authorization strictly necessary for the correct use of the Platform and/or its Content. For any additional use, it will be necessary to request the corresponding authorization from THE GB FOODS and/or its owner.

In addition, without prejudice to the provisions of these Conditions of Use, the Content is subject to the applicable legislation regarding intellectual and/or industrial property, prohibiting the reproduction, distribution, public communication, transformation, making available to the public and/ or use without the written authorization of THE GB FOODS and/or its owner.

On the other hand, Authorized Users who upload content to the Platform concede exclusively to THE GB FOODS all intellectual and/or industrial property rights that they may hold over such content or, in the case of third party ownership, they shall upload the aforementioned content expressly stating the limitations of use that might affect them. The aforementioned exclusive transfer means the legally established maximum, for everybody and for all forms of use (reproduction, distribution, public communication, transformation and making available to the public) and for any support and/or format known to date.

7. Personal Data Protection

It is noted for the purposes set forth in the regulations on personal data protection, that access to and participation in the platform is voluntary.

With regard to registration and access for Authorized Users, the Platform collects certain information from Authorized Users that may be qualified as personal data. The data provided by Authorized Users will be added to a file owned by THE GB FOODS, S.A., an entity with registered office in L'Hospitalet de Llobregat, Plaza Europa 42, whose treatment shall be subject to data protection regulations and with the purpose of being used in the performance of all formalities necessary for the correct operation of the Platform.

Authorized Users have the right to access this file and rectify, cancel and/or oppose the processing of their data, in which case they should inform expressly, by sending a written communication to brandcenter@thegbfoods.com, indicating as reference: "LOPD Brandcenter".

8. Reservation of Rights

THE GB FOODS reserves the right to exclude from the platform any Authorized User for misuse of the same. Misuse is understood as, including but not limited to, failure to comply with the present Conditions of Use and/or the particular conditions that, in turn, may be established.

If any employee leaves any of THE GB FOODS Group companies, they will automatically be removed as an Authorized User of the Platform and the Authorized User shall proceed immediately to the choice of THE GB FOODS, to return and/or destroy any Content and/or information, directly or indirectly related to the Platform and/or the Contents that they may hold.

In the event that THE GB FOODS detects any anomaly or suspects that an Authorized User is impeding the normal development of the Platform, the Authorized User will have their access permissions to the Platform unilaterally denied. THE GB FOODS has enabled the supports needed to detect any possible fraudulent action, anomaly or wilful misuse by Authorized Users.

THE GB FOODS, through authorised persons, reserves the right to monitor and access any type of information created, received or sent through or from the platform including the use, access, connections, downloads and other activity carried out by Authorized Users from or through the platform.

9. Contact

For more information concerning the platform, its contents and/or to report any breach or potential breach of the present Conditions of Use, please send a message to the Branding and Corporate Identity mailbox: brandcenter@thegbfoods.com