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Privacy & Cookies Policy
This Privacy & Cookies Policy sets out the principles based on which we process Personal Data collected through this website (hereinafter the "Website").
This Privacy & Cookies Policy forms part of the General Terms and Conditions and EULA. Please read the General Terms and Conditions, EULA, and this Privacy & Cookies Policy carefully before using the Website.
1. Definitions
"Personal Data", as used herein, means any and all information about an identifiable natural person or, to the extent required by law, about an identifiable legal entity.
"We", "us" or "our", as used herein, refers to e-gatematrix, LLC, as indicated in more detail in the imprint.
2. Processing of Personal Data
We process your Personal Data in order to complete any orders you may request and processing relating to such orders.
We will then refrain from further processing of your Personal Data, except to the extent the processing of your Personal Data is lawful for other reasons (e.g. as necessary to comply with legal obligations or to protect overriding interests of third parties or ourselves, such as, e.g., the uninterrupted availability of our website or enforcement of violations of law, always provided, this is in compliance with applicable data protection laws).
3. How do we process Personal Data?
Any Personal Data collected through the Website is processed in accordance with the provisions of applicable data protection laws. We collect and process Personal Data carefully and solely for the purposes described in this Privacy & Cookies Policy and to the extent necessary for the purposes described herein.
4. What Personal Data do we collect via the Website?
Personal Data collected via the Website may include:
Information which you actively provide:
We collect information which you actively provide through the Website – e.g. by providing your email address, name, address, phone number or other information about yourself that you provide to us.
The providing of such Personal Data will always be voluntary. Without providing such information you may, however, not be able to use the service for which the information is requested.
5. For what purposes do we process Personal Data?
(a) Information which you actively provide
When you actively provide Personal Data through the Website (e.g. in an online form) we are using such Personal Data for the purpose for which you provided it. If you were providing your name in order that we can process any food order that you make via the website (2) If you are providing your e-mail in order to request a response to any questions or queries you have in relation to your food order, we are using such Personal Data in order respond to those queries.
6. Do we transfer Personal Data to third parties?
(a) Affiliates
e-gatematrix, LLC is part of an international group of companies where certain services are provided centralized by one or more affiliates for the entire group or a part of it. We, therefore, reserve the right to share Personal Data with our direct and indirect affiliates for all purposes described above in the section "For what purposes do we process Personal Data?". Whenever we share Personal Data with affiliates, we request from them that they commit themselves to process Personal Data in line with this Privacy & Cookies Policy only.
(b) Service providers
In addition, it may be necessary to share Personal Data with third parties who provide services to us for all purposes described above in the section "For what purposes do we process Personal Data?". Such service providers may include global pay providers.
Whenever we share Personal Data with such third parties we request that they process Personal Data provided by us only for our purposes and in accordance with our instructions and that they implement the technical and organizational measures to protect Personal Data against unauthorized access, loss, theft, alteration and use as appropriate considering the level of sensitivity of Personal Data being processed.
(c) Legal obligation or legitimate interests
In addition, we may always share Personal Data with third parties to the extent required by law or, to the extent permitted by applicable laws, necessary to pursue overriding legitimate interests. We may, by way of example, forward Personal Data to criminal prosecution authorities if necessary to investigate into illegal behavior, or we may use Personal Data in court or debt collection proceedings if necessary to enforce our rights.
7. Do we make your Personal Data available outside the European Economic Area?
Some of the recipients of Personal Data (see the section "Do we transfer Personal Data to third parties?") are located outside of the European Economic Area, i.e. in jurisdictions where Personal Data is not protected by law to an equivalent level like in the European Economic Area. Before we make Personal Data available in such jurisdictions we do, however, make sure that such transfers are in compliance with data protection laws of the European Union. Unless the European Commission have decided that the country of the recipient provides adequate data protection legislation or the recipient is a subscriber to the EU/CH-US Privacy Shield, we always implement such contractual clauses as are recognized by the European Commission to provide adequate protection.
By accepting this Privacy & Cookies Policy, you are expressly authorizing us to process and share your Personal Data to the recipients of Personal Data (see the section "Do we transfer Personal Data to third parties?") located outside the European Economic Area for the purposes described herein (please see section "For what purposes do we process Personal Data?").
8. For how long do we store Personal Data?
We store Personal Data collected through the Website only insofar and as long as required to meet the purposes defined within this Privacy & Cookies Policy or to the extent required by law.
Unless the law requires longer storage of Personal Data, we will delete (or irreversibly anonymize) Personal Data 3 months after collection thereof at the latest.
9. Who is the Controller, Representative and Data Protection Officer?
The controller of Personal Data collected through the Website is Gate Gourmet Aéroport de Bale Mulhouse SAS, Batiment Catering Zone de Fret Aéroport de Bale Mulhouse 68300 Saint Louis France.
For the European Economic Area, we have appointed the following data protection representative and data protection officer:
Walder Wyss Ltd.
Attention David Vasella,
Seefeldstrasse 123
CH-8034 Zurich.
10. How can you exercise your right to request information?
You have the right to submit an information request in order to learn what categories of Personal Data we are processing about you for what purposes, how we share your Personal Data with others, how long we store your Personal Data or to request that we stop processing your personal data. If you would like to submit such request, please send an e-mail to gdpr@gategroup.com.
Your information request will be processed and answered without a fee, except if your requests are manifestly excessive (in particular because of their repetitive character) in which case we reserve the right to request prior payment of a fee of up to the equivalent of EUR 200 or to refuse to answer the request.
In rare cases we may – to the extent permitted by applicable law – have to partially or entirely refuse to answer your request. In such case we shall inform you about the reasons of such refusal. You are entitled to lodge a complaint with the supervisory authority (see below "Where can I lodge a complaint") against such refusal and seek a judicial remedy.
11. How can you exercise your rectification, erasure or opposition rights?
You have the right to request that we rectify incorrect Personal Data. In addition, you have the right to request that we delete your Personal Data or that we stop processing your Personal Data. If you wish to make such request, please send an e-mail to gdpr@gategroup.com.
Except where applicable data protection legislation does explicitly permit that we continue processing and/or keep your Personal Data, we shall forthwith delete and/or stop processing your Personal Data.
12. Where can you lodge a complaint?
You have the right to lodge a complaint about our processing of your Personal Data or about our response to an information, rectification or erasure request or to a request that we stop processing your Personal Data. If you wish to exercise such right, please refer to the appropriate data protection authority.
13. Links to other providers' websites
This Website may contain links to other providers' websites that are not covered by this Privacy & Cookies Policy but are subject to their own privacy policies.
14. Amendments of the Privacy & Cookies Policy
The right to amend this Privacy & Cookies Policy at any time is reserved. Amendments shall apply as soon as they are published on this Website.
Additional Information about Cookies
What is a Cookie?
Cookies are small electronic files that are sent to your computer's hard drive by the web server on which the Website is hosted. Cookies pose no risk to your computer, as they are simply files and not executable programs.
What are Cookies used for on this Website?
We use so-called Session Cookies which are deleted when you end the browser session, as well as Permanent Cookies that are stored until deleted by you.
For the purposes for which Cookies may be used on the Website please see the section "For what purposes do we process Personal Data?"
For a complete list of the Cookies currently used on this Website, please see the up-to date List of Cookies.
Can the Cookie settings be changed?
You decide yourself whether the Website's web server is allowed to save Cookies on your computer or not. You can opt to change your browser settings so that Cookies are not allowed to be accepted or saved on your computer at any time. You can delete the files that are stored on your computer and that contain Cookies.
Please be aware that declining or denying Cookies may prevent you from being able to use the Website to its highest capability and that some functions on the Website may be limited or unavailable.
List of Cookies
The below list shows the Cookies used by this Website, together with the purpose, duration and management of each Cookie.
User identification: User identification Cookies are used to identify and authenticate the user. User identification Cookies may also contain the technical data from the user's session such as, for example, waiting time for connection, session identifier, etc.
Session identification: Session identification Cookies are used to identify the http session of the user. Session identifier Cookies are common in all web applications to identify all user requests during a session.
Navigational status: Navigational status Cookies allow to identify the User's navigation status (start of the session, first page, first access, scroll status, etc.).
User selections:User selections Cookies store the session values chosen by the user, such as language, products, etc.
Favorites and last selections: Favorites and last selections Cookies allow the user's favorite and last selections to be remembered (such as cookies installation consent, etc.) in later web sessions.
Protocol: Protocol Cookies allow to process changes between secure (https) and non-secure (http) domains (protocol).
Origin: Origin Cookies are used to determine the origin of a user when arriving on a page on this Website, for example, whether the user has arrived from the search browser or from an external website.
Terms and Conditions
THANK YOU FOR CHOOSING TO DINE AT CHEZ G@te®
These General Terms and Conditions apply to the online sale of "Chez G@te " Products (the “Products”) by Gate Gourmet AEROPORT DE BALE MULHOUSE, a simplified joint stock company (French S.A.S.) with registered capital in the amount of €337,000, registered in the MULHOUSE Trade and Companies Register under number 448 902 03, having its registered office at F-68300 SAINT LOUIS, Basel Mulhouse Airport, hereinafter the "Seller".
"Customer" means any person placing an order on the Site
Important points
- All sales are subject to these terms and conditions which the Customer must read carefully.
- Delivery takes place at reserved access locations:hence the proposed services are available only to the employees working in the Basel Mulhouse Airport authorised to access such locations (see § 7) or working outside the airport but arround the airport
- Deliveries take place between 11:00 am. and 12:30 pm.
- Placing an order requires its payment; limited cancellation rights (see §6).
- Orders must be placed according to displayed dates and times of availability; the Seller cannot guarantee any particular availability
- Non-contractual photos
- The Seller does not cater to any special diets
THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE CHOICE, PURCHASE AND ACCEPTANCE OF A PRODUCT
PLEASE ACT RESPONSIBLY
Article 1 - Scope of application
These General Terms and Conditions of Sale ("GTC") define the rights and obligations of the parties in connection with the online sale of Products.
The Products sold are strictly for private consumption; any resale is prohibited.
By confirming the order, the Seller's offer is accepted and the Customer accepts the price and description of the Products. The contract resulting from this confirmation will be governed by the terms and conditions in force on the date of the Order. The Seller reserves the right to modify its website, its procedures and terms and conditions, including these Terms and Conditions, at any time. However, where so required by an administrative or governmental authority, the modified GTC may apply to a transaction made prior to a modification.
Any order implies acceptance and obligation of payment.
The sale to minors is prohibited. The Customer declares having the legal capacity required to enter into a contract under these GTCs and purchase the Products offered on the site.
The Products offered for sale and delivered by the Seller are subject to available stock, as specified at the time of placing the order. Likewise, the Products may be changed without prior notice. The Seller shall is in no way liable in the event of temporary or permanent unavailability of a Product.
Article No. 2 - Products
THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE CHOICE AND PURCHASE OF A PRODUCT
The Products offered for sale are FRESH FOOD PRODUCTS produced by the Seller as well as beverages manufactured by the Seller or by third-party brands distributed by the Seller.
The exact composition may vary depending on the local ingredients used.
The ingredients are not intended to meet the dietary needs of any group whatsoever (for example and without limitation: vegan, vegetarian, culinary requirements related to a religious or ethnic affiliation, etc.). Photographs and images are presented for information purposes and are non-contractual.
The details of each Product offered for sale are presented on the site (see ‘product’ and ‘allergens and ingredients’). While the Seller complies with all applicable laws and regulations regarding composition and labelling, it cannot rule out the presence of allergens or components that are offensive to said diets.
The Customer must therefore consult the Product fact sheets, both at the time of placing the order and at delivery, to learn the characteristics and specific information as well as the presence of allergens. The Customer is also invited to contact the Seller for any further questions. If the Customer has food allergies or has any doubt whatsoever as to the ingredients used in relation to particular sensitivities, the Customer is invited to select a different Product or not to place an order. Subject to the mandatory provisions of the law, in no event shall the Seller be liable in the event of an order error or an allergic reaction, except in the case of gross negligence or wilful misconduct.
The Customer agrees that in case of dispute, the written information on the Products displayed on the site shall prevail over any oral statement made by employees or representatives of the Seller
Article no. 3 - Online order
By connecting to the website https://chezgate.com the Customer accepts the website Terms And Conditions Of Use and the Cookies Policy (“End-User License Agreement” or “EULA”)
The Customer:
- • - selects the desired Products,
- • - selects the date and place of delivery,
- • - completes the form with the information required to validate and process the order,
- • - chooses the method of payment online,
- • - confirms the order.
Orders must be placed no later than 08.30 hrs ( a.m.) on the day of delivery. The time and place/point of delivery will be defined on the site.
When the Customer clicks on "confirm" this will be considered as his electronic signature. The Customer will receive confirmation of the acceptance of his order by the Seller a) by an information message displayed the screen of the device used to place the order and b) by the receipt of an email from the Seller confirming the acceptance of his order. This message confirms that the order has been placed and includes the details of the sale.
The details recorded in Seller’s computer system - e-mails, SMS, notifications - constitute proof of Seller's contractual relationship with the Customer, within the frame of the order.
Article No. 4 - Price
Prices are quoted in Euro or Swiss Francs, all taxes included. Prices are presented inclusive of VAT applicable on the date of the order. Any change in the VAT rate will automatically be reflected in the prices of the Products including any taxes or contributions that may be created or modified, whether through increase or decrease.
Prices cannot be changed once the Customer has placed an order. The prices of the Products ordered on the website and the order date in question shall serve as binding proof.
The prices take into account possible discounts applied during special offers. Any special promotional offer will be subject to these GTC. Promotional offers cannot be combined and are limited in time.
Article No. 5 - Method of payment
When placing an order online, the Customer will indicate the selected method of payment. The price is payable in full on the day the Customer places the order, as indicated when confirming the order, by way of secure payment on the website. Accepted methods of payment: Visa, MasterCard and American Express.
Article No. 6 - No right of withdrawal
In view of the perishable nature of the delivered Products, and as permitted by applicable legal provisions, in particular Article 221-28 of the French Consumer Code, the Customer may not exercise any cancellation right. In accordance with these provisions, any order confirmed on the website is firm and final and payment is due.
However, the Seller will accept a modification or cancellation of an order up to twenty-four (24) hours before the scheduled delivery date. Changes will be accepted based on availability. In case of cancellation, the Customer may request a refund to his account by contacting the Seller directly (see Article 10).
Article No. 7 - Delivery
Delivery is made, between 11:00 am and 12:30 pm at the following locations, both delivery time and location to be selected when placing the order:
- • - FRET : Porte d’entrée Bâtiment FRET France 68300 SAINT LOUIS
- • - GATE GOURMET : Porte d’entrée quai de chargement transport, coté TARMAC, Bâtiment Catering, GATE GOURMET AEROPORT BALE MULHOUSE 68300 SAINT LOUIS
- • - POOL TECHNIC : AEROPORT BALE MULHOUSE 68300 SAINT LOUIS
These locations are only open to authorised employees working in the Basel Mulhouse Airport.
Delivery around the airport Bale Mulhouse in France for employees that are not working in the airport are also possible.
The Seller undertakes to make every effort to deliver the ordered Products to the Customer at the time and at the place/delivery point defined on the website. Delays in delivery do not entitle to any discount , compensation or cancellation of the order.
The Customer undertakes to examine the delivered Products to verify conformity with the order. The Customer may refuse delivery of a Product which is not the Product which the Customer has ordered online.
In this case, at the Customer's discretion, the Seller will be required to:
• either deliver a compliant Product as soon as possible (or on a day to be agreed with the Customer),
• or refund the order in whole or in part if the Customer chooses to cancel the sale.
In addition, and notwithstanding the foregoing, if the Products ordered are not delivered within 1 hour after the delivery deadline at the place/location defined on the site, for any cause other than an event of force majeure or an act attributable to the Customer, the sale may be cancelled at the Customer's request under the conditions provided for by law.
For cancelled orders, the sums paid by the Customer will be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
Article No. 8 - Liability, Guarantees, Force Majeure
The Customer benefits from warranties as provided by French law. The Parties perform the contract in good faith.
For any complaint (for example, without this list being exhaustive: error or anomaly of the Products delivered, damage attributable to a Product, improper order performance, etc.), CUSTOMER MUST PROMPTLY ALERT THE SELLER AND KEEP, WHERE POSSIBLE, THOSE ELEMENTS THAT CAN BE USED TO DETERMINE THE NATURE OF THE PRODUCT CONCERNED AND/OR THE CIRCUMSTANCES OF THE COMPLAINT AND TO ASSIGN RESPONSIBILITY. THE CUSTOMER MUST TAKE THE NECESSARY MEASURES TO MITIGATE ANY EXISTING AND TO AVOID FURTHER LOSS OR DAMAGE.
The Seller is not liable in the event that the non-fulfilment of its obligations is attributable to a fact beyond its control or to an event of force majeure as defined by applicable law.
THE SELLER DOES NOT WARRANT THAT ITS WEBSITE WILL BE FREE OF ANY ABNORMALITY OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR DEVICE OR CONFIGURATION. The Seller shall not be liable for malfunctions or any type of foreseeable or unforeseeable damage arising from the use of the website or total or partial inability to use the website. Similarly, the Seller cannot be held liable for any inconvenience or damage arising from the use of the Internet, including an interruption in service, external intrusions or the presence of malware.
Article No. 9 – Data Privacy
This Article is supplemented by the Privacy & Cookies Policy in EULA which the Customer in invited to read (see the footer section of the Website)
Personal data provided by the Customer when placing the order are exclusively reserved for the processing thereof and the commercial relations that result therefrom. None of the information will be shared with a third party except when so required by request of an administrative or judicial authority and doing so only within the framework of the law. However, the Seller may be required to disclose all or part of the personal data to one or more affiliated companies (that is, any entity controlled, controlling or under the same control as the Seller, the notion of control being defined as any possession of more 50% of the shares or voting rights) or to subcontractors for the needs referred to above. Furthermore, operation of the Website may require the use of cookies. All affiliates or subcontractors in question will be subject to a duty of confidentiality and may treat this data only in accordance with Seller's contractual provisions and applicable law.
The Customer is informed that the Seller may transfer his personal data to a country other than his country of residence, within the European Economic Area, but also without, and in particular that it may be transferred, stored and generally "processed" (as this term is defined in the General Data Protection Regulations - GDPR) by servers based in Ireland and a service provider based in the USA.
The Seller shall take all necessary precautions, including measures of an organizational, technical, software and physical nature, with respect to digital security in order to protect the Customer's personal data against loss, theft and fraudulent removal, as well as against any access, disclosure or alteration or unauthorized destruction of personal data..
The Seller will retain the Customer's personal data for a maximum of five (5) years.
THE CUSTOMER IS ADVISED OF THE RIGHT TO OBJECT TO THE POSSIBLE TRANSFER OF HIS/HER PERSONAL DATA TO A THIRD PARTY, WITH THE EXCEPTION OF THIRD PARTIES RESPONSIBLE FOR VERIFYING MANDATORY DATA PROVIDED AT THE TIME OF ORDER PLACEMENT, IT BEING SPECIFIED THAT THIS OBJECTION MAY RESULT IN THE ORDER NOT BEING ABLE TO BE PROCESSED.
THE CUSTOMER IS FURTHER NOTIFIED THAT, IN ACCORDANCE WITH THE FRENCH DATA PROTECTION ACT [“INFORMATIQUE ET LIBERTÉS”] OF 6 JANUARY 1978 AS AMENDED AND EUROPEAN REGULATION No. 2016/679/EU OF 27 APRIL 2016 (EFFECTIVE 25 MAY 2018), THE CUSTOMER BENEFITS FROM A RIGHT OF ACCESS, CORRECTION, PORTABILITY AND ERASURE OF HIS DATA OR EVEN LIMITING PROCESSING UNDER THE LAW. THE CUSTOMER MAY ALSO, FOR LEGITIMATE REASONS, OBJECT TO THE PROCESSING OF DATA CONCERNING HIM.
To exercise these personal rights, the Customer can send an email request to the Seller by email to gdpr@gategroup.com The Customer acknowledges that all requests, as well the personal data itself, may be transmitted anonymously or not, as the case may be, but always in complete confidentiality and to the extent necessary, to an affiliate of the Seller, including its parent company, to the Legal Director and/or the Data Protection Officer of the Seller or the Group to which it belongs.
Article No. 10 - Complaints
In case of complaint, the Customer may notify the Seller at the following email address: dispatchbsl@gategroup.com
Any complaint concerning the Products as delivered must be made within a maximum period of forty-eight (48) hours after the delivery of the Products listed in the order confirmation email. Except where otherwise provided by mandatory provisions of law, no complaint will be taken into account after this period.
Article No. 11 - Intellectual property
11.1 Connections:
The Customer may use the Seller's software (including, without limitation, mobile applications) for the sole purpose of placing the order and as permitted by the EULA (see https://chezgate.com ).
USE OF THE SELLER'S WEBSITE AND SOFTWARE FOR UNLAWFUL PURPOSES IS STRICTLY PROHIBITED.
11.2 Ownership
Structure of the website, software, brands, trademarks, Product recipes, database structures, photographs, visuals, texts, still or moving images, sounds, graphics, logos, as well as the composition, recipes and know-how related to the Products are the exclusive property of the Seller, its affiliated companies and/or its licensors and are protected by French and international intellectual property law and the legal protection of databases.
The compilation of all content presented or made available through the Seller's website is the exclusive property of the Seller and is protected by French and international intellectual property law and the legal protection of databases. The Customer may not take or reuse parts of the content of the Seller's site without its express written consent. The trademarks and visuals of the Seller, its affiliates or the group to which it belongs cannot be used for products or services that do not belong to them. Likewise, any use which could cause confusion among customers, or which in any way would disparage or discredit the Seller, its affiliates or the group to which it belongs, is prohibited.
All other trademarks that do not belong to the Seller, its affiliates or the group to which it belongs and which appear on the Seller's website are the property of their respective owners, which may or may not be affiliated, related or sponsored by the Seller, its affiliates or the group to which it belongs.
11.3 Rights granted
Subject to compliance with the website terms and conditions of use and these GTC and the payment of any sums due, the Seller grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable license for access, personal and non-commercial use of the Seller's website. This license does not include any rights to use the site, its content or Products for the purposes of
- sale (including resale) or any other commercial use
- the collection or use of a product listing, descriptions, or product prices;
- any use derived from the site, its content or the Products;
- any download or copy of account information for another merchant;
- any use of a website copier, or any other similar tool allowing users to collect or extract data.
This Customer is not granted a license or other intellectual or artistic property right on the Products.
The Products are sold exclusively for personal use.
Use of the intellectual property by the Customer or its licensee, other than for private use, may result in prosecution.
The following are also prohibited:
- Any reproduction, copy, sale, resale or other use or exploitation of all or part of the Seller's website and/or Products, for commercial or non-commercial purposes.
- Framing and/or the use of framing techniques to insert any brand, logo or other commercial information (including images, texts, layouts or forms) belonging to the Seller.
- The use of meta tags or any other "hidden text" using the name or trademarks of the Seller, its affiliates or the group to which it belongs
and in general, any unreasonable use and any use that is contrary to law.
In case of conflict between these conditions and the conditions of EULA the provisions of the latter will prevail.
Article No. 12 - Applicable law, language and jurisdiction
These General Terms and Conditions of Sale and the resulting transactions arising are governed by and subject to French law excluding the United Nations Convention on Contracts for the International Sale of Goods. In case of dispute, exclusive jurisdiction is given to the competent court of Mulhouse.
The language of these general terms and conditions of sale is French. In the event that they are translated into one or more foreign languages, only the French version would prevail in case of dispute.
In the event that one of the provisions of the general terms and conditions would be declared void or ineffective, it shall be regarded as unwritten and would not affect the validity of the other provisions, unless the provision declared void or ineffective was essential and a determining factor for the conclusion thereof.
Article No. 13. Controlling language
The language of the contract is French. Seller may at its discretion provide translations into other languages for convenience alone. In case of discrepancy or difficulty of interpretation between the two language versions, the French language version shall prevail. Translations may not be used to construe the French version.
Website hosting: Amazon Web Services
Version of 26/08/2019
EULA and Privacy & Cookies Policy
END-USER LICENSE AGREEMENT
BY CLICKING I ACCEPT OR INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU. IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE.
THIS END-USER LICENSE AGREEMENT ("EULA") is a legal contract between e-gatematrix, llc., a company registered and incorporated in Delaware and having its registered office at 1880 Campus Commons Drive, Suite 200, Reston, VA 20191, USA ("EGATE") and you, the party downloading or using the Software ("LICENSEE").
Intending to be legally bound, LICENSEE and EGATE (collectively referred to as the "Parties") agree to the following terms and conditions:
1.0 DEFINITIONS.
"SOFTWARE" means EGATE's POPS software product and may include associated media, printed materials, and online or electronic documentation, updates, supplements, add-on components, or Internet-based services components, of the Software that EGATE may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, including any and all DOCUMENTATION, unless EGATE provides other terms along with the update, supplement, add-on component, or Internet-based services component.
"Documentation" means any supporting technical documentation provided by EGATE with the Software to you.
2.0 OWNERSHIP. EGATE warrants that (a) it is authorized to license the SOFTWARE, and (b) the SOFTWARE does not infringe any copyright, patent or trade secret of a third party. Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, LICENSEE acknowledges that EGATE, its suppliers and their successors and assigns has and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property and proprietary rights) in and to the Software, and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). LICENSEE acknowledges that it is obtaining only a limited license right to the SOFTWARE and that irrespective of any use of the words "purchase", "sale" or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise.
3.0 LICENSE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Subject to all of the terms and conditions of this Agreement, EGATE hereby grants LICENSEE a limited, nonexclusive, non-transferable, non-sublicensable, non-assignable royalty-free license to the SOFTWARE accompanying this EULA to be installed on LICENSEE'S devices, solely for LICENSEE's internal use.
4.0 USE.
(a) The LICENSEE acknowledges that the SOFTWARE acquired hereunder is licensed, not sold, and can only be used for the product's intended use and management. Use of the SOFTWARE for any other reason is a violation of this EULA and LICENSEE agrees that such acts will be subject to any and all penalties and remedies available by law.
(b) Except as expressly stated in this clause, the LICENSEE has no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the SOFTWARE or DOCUMENTATION in whole or in part except, to the extent that any reduction of the SOFTWARE to human readable form (whether by reverse engineering, decompilation or disassembly) is necessary for the purposes of integrating the operation of the SOFTWARE with the operation of other software or systems used by the LICENSEE, unless EGATE is prepared to carry out such action at a reasonable commercial fee or has provided the information necessary to achieve such integration within a reasonable period, and the LICENSEE shall request EGATE to carry out such action or to provide such information (and shall meet the EGATE's reasonable costs in providing that information) before undertaking any such reduction.
(c) The LICENSEE may make backup copies of the SOFTWARE as may be necessary for its lawful use. The LICENSEE shall record the number and location of all copies of the SOFTWARE and take steps to prevent unauthorized copying.
(d) The LICENSEE shall not rent, lease, loan, distribute, redistribute, sell, use in a service bureau environment or create derivative works of the SOFTWARE.
(e) The LICENSEE agrees to use the SOFTWARE in compliance with all applicable laws and regulations.
5.0 TERMINATION. Without prejudice to any other rights, EGATE may terminate this EULA immediately if LICENSEE fails to comply with the terms and conditions of this EULA. In such event, LICENSEE must cease any and all use of the Software and destroy all copies of the SOFTWARE and all of its component parts.
6.0 RESERVATION OF RIGHTS. LICENSEE agrees that the SOFTWARE is owned by EGATE and all rights not expressly granted herein, including but not limited to the right to discontinue any Internet-based services provided to you or made available to you through the use of the SOFTWARE, are reserved by EGATE.
7.0 ASSIGNMENT. LICENSEE's rights to the SOFTWARE under this EULA may not be assigned, sublicensed, or otherwise transferred, voluntarily or otherwise, by LICENSEE to anyone including its subsidiary or holding company. EGATE may assign its rights and duties under this EULA to any third party without LICENSEE's consent.
8.0 CONFIDENTIALITY.
(a) LICENSEE understands that the SOFTWARE contains confidential and proprietary trade secret information of EGATE that is not commercially available to the public. LICENSEE agrees that, in partial consideration for EGATE's allowing LICENSEE access to and use of the SOFTWARE pursuant to this EULA that:
(i) LICENSEE shall treat the SOFTWARE in the same manner that it treats its own confidential and proprietary trade secret materials, and
(ii) LICENSEE shall take all measures necessary to prevent the SOFTWARE from falling into the possession of persons not bound to maintain the confidentiality of the trade secrets contained within the SOFTWARE. As such, LICENSEE shall only permit employees and contractors who have a need to use the SOFTWARE for the purposes stated in the license granted herein to have access to and use such SOFTWARE, and LICENSEE's contractors shall not use the SOFTWARE unless and until they have entered into written non-disclosure agreements with the LICENSEE that require them to maintain the confidentiality of SOFTWARE. LICENSEE shall promptly advise EGATE, in writing, of any misappropriation or misuse of the SOFTWARE by any person which may come to the LICENSEE's attention.
(b) LICENSEE understands and agrees that disclosure or use of the SOFTWARE except as authorized above will result in irreparable harm to EGATE and that monetary damages may be inadequate to compensate EGATE for such breach. Accordingly, the LICENSEE agrees that EGATE will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief to enforce the terms of this EULA.
9.0 EXPORT LAWS.
The SOFTWARE, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. LICENSEE agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import SOFTWARE. LICENSEE shall not, and shall not allow any third-party to, remove or export from the United States or allow the export or re-export of any part of the Software: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority.
10.0 PRIVACY LAWS.EGATE agrees to deal with personal data of LICENSEE in accordance with data protection laws and regulations applicable to EGATE. The attaching data privacy statement details how and what personal data is processed by EGATE.
11.0 U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
11.0 LIMITATIONS. LICENSEE agrees that it, not EGATE, is entirely responsible for all data stored or distributed with the software, and LICENSEE has the sole and exclusive responsibility regarding how it safeguards and secures any data it collects or distributes through use of the SOFTWARE. LICENSEE further agrees and understands that EGATE (and any reseller or re-distributor of this Software) shall have no liability or responsibility regarding the security and safeguarding of any data that may be used or stored in conjunction with the use of this SOFTWARE.
11.1 DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND EGATE NEITHER MAKES NOR GRANTS ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED. EGATE EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EGATE HEREBY EXCLUDES ANY AND ALL IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, REASONABLE USE OF SKILL AND CARE OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH LICENSEE.
11.2 REPRESENTATIONS. THE LICENSEE AGREES THAT, IN ENTERING INTO THIS LICENSE, EITHER IT DID NOT RELY ON ANY REPRESENTATIONS (WHETHER WRITTEN OR ORAL) OF ANY KIND OR OF ANY PERSON OTHER THAN THOSE EXPRESSLY SET OUT IN THIS LICENSE OR (IF IT DID RELY ON ANY REPRESENTATIONS, WHETHER WRITTEN OR ORAL, NOT EXPRESSLY SET OUT IN THIS LICENSE) THAT IT SHALL HAVE NO REMEDY IN RESPECT OF SUCH REPRESENTATIONS AND (IN EITHER CASE) THE SUPPLIER SHALL HAVE NO LIABILITY IN ANY CIRCUMSTANCES OTHERWISE THAN IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS LICENSE.
11.3 REMEDY.
(A) SUBJECT TO (B) THE LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE OR LOSS IN ANY WAY CONNECTED WITH THE SOFTWARE OR THIS EULA, WHETHER OR NOT CAUSED BY EGATE'S BREACH OF WARRANTY, NEGLIGENCE OR ANY BREACH OF ANY OTHER DUTY, SHALL BE REPAIR, REPLACEMENT OR REFUND OF THE SOFTWARE. LICENSEE AGREES THAT EGATE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HEREUNDER(INCLUDING LOST PROFITS OR COSTS OF COVER), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, FAILURE OF SECURITY MECHANISMS, LOSS OF USE OR THE LOSS OF DATA OR INFORMATION OF ANY KIND, HOWEVER CAUSED, OR FAILURE OF THE SOFTWARE TO WORK OR PERFORM IN ANY WAY, OR ANY LIABILITY TO END-USERS OR TO THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NO INDEMNIFICATION OF ANY KIND IS PROVIDED BY EGATE HEREBY TO LICENSEE OR ANY OTHER PERSON.
(B) EGATE DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF EGATE, ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; FRAUD OR FRAUDULENT MISREPRESENTATION; BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982; OR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED BY LAW.
12.0 COMPLETE AGREEMENT. This EULA constitutes the entire understanding between the Parties with respect to the subject matter of this EULA and supersedes any and all other prior understandings, statements, warranties, representations and agreements, oral or written, relating to them. Any amendment to this EULA must be in writing and signed by both Parties.
13.0 THIRD PARTY RIGHTS. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
14.0 ENFORCEMENT. EGATE will have the sole and absolute right to limit, terminate, revoke or cancel LICENSEE's right to use the SOFTWARE upon the occurrence of a material breach of any of the confidentiality of proprietary rights provisions of this EULA, and to bring suit to enforce such rights. LICENSEE agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by EGATE in exercising any of its rights or remedies under this EULA.
15.0 GOVERNING LAW. This EULA shall be determined and governed by, and in accordance with the laws of the Commonwealth of Virginia and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. Any disputes under this EULA may be brought in the courts located within Fairfax County, Virginia, and the Parties hereby consent to the personal jurisdiction and venue of these courts.
16.0 Severance. If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable
17. Amendments; Waiver. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives). No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy
18. No Partnership or Agency. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party
This Privacy & Cookies Policy sets out the principles based on which we process Personal Data collected through this website (hereinafter the "Website").
This Privacy & Cookies Policy forms part of the General Terms and Conditions and EULA. Please read the General Terms and Conditions, EULA, and this Privacy & Cookies Policy carefully before using the Website.
1. Definitions
"Personal Data", as used herein, means any and all information about an identifiable natural person or, to the extent required by law, about an identifiable legal entity.
"We", "us" or "our", as used herein, refers to e-gatematrix, LLC, as indicated in more detail in the imprint.
2. Processing of Personal Data
We process your Personal Data in order to complete any orders you may request and processing relating to such orders.
We will then refrain from further processing of your Personal Data, except to the extent the processing of your Personal Data is lawful for other reasons (e.g. as necessary to comply with legal obligations or to protect overriding interests of third parties or ourselves, such as, e.g., the uninterrupted availability of our website or enforcement of violations of law, always provided, this is in compliance with applicable data protection laws).
3. How do we process Personal Data?
Any Personal Data collected through the Website is processed in accordance with the provisions of applicable data protection laws. We collect and process Personal Data carefully and solely for the purposes described in this Privacy & Cookies Policy and to the extent necessary for the purposes described herein.
4. What Personal Data do we collect via the Website?
Personal Data collected via the Website may include:
Information which you actively provide:
We collect information which you actively provide through the Website � e.g. by providing your email address, name, address, phone number or other information about yourself that you provide to us.
The providing of such Personal Data will always be voluntary. Without providing such information you may, however, not be able to use the service for which the information is requested.
5. For what purposes do we process Personal Data?
(a) Information which you actively provide
When you actively provide Personal Data through the Website (e.g. in an online form) we are using such Personal Data for the purpose for which you provided it. If you were providing your name in order that we can process any food order that you make via the website (2) If you are providing your e-mail in order to request a response to any questions or queries you have in relation to your food order, we are using such Personal Data in order respond to those queries.
6. Do we transfer Personal Data to third parties?
(a) Affiliates
e-gatematrix, LLC is part of an international group of companies where certain services are provided centralized by one or more affiliates for the entire group or a part of it. We, therefore, reserve the right to share Personal Data with our direct and indirect affiliates for all purposes described above in the section "For what purposes do we process Personal Data?". Whenever we share Personal Data with affiliates, we request from them that they commit themselves to process Personal Data in line with this Privacy & Cookies Policy only.
(b) Service providers
In addition, it may be necessary to share Personal Data with third parties who provide services to us for all purposes described above in the section "For what purposes do we process Personal Data?". Such service providers may include global pay providers.
Whenever we share Personal Data with such third parties we request that they process Personal Data provided by us only for our purposes and in accordance with our instructions and that they implement the technical and organizational measures to protect Personal Data against unauthorized access, loss, theft, alteration and use as appropriate considering the level of sensitivity of Personal Data being processed.
(c) Legal obligation or legitimate interests
In addition, we may always share Personal Data with third parties to the extent required by law or, to the extent permitted by applicable laws, necessary to pursue overriding legitimate interests. We may, by way of example, forward Personal Data to criminal prosecution authorities if necessary to investigate into illegal behavior, or we may use Personal Data in court or debt collection proceedings if necessary to enforce our rights.
7. Do we make your Personal Data available outside the European Economic Area?
Some of the recipients of Personal Data (see the section "Do we transfer Personal Data to third parties?") are located outside of the European Economic Area, i.e. in jurisdictions where Personal Data is not protected by law to an equivalent level like in the European Economic Area. Before we make Personal Data available in such jurisdictions we do, however, make sure that such transfers are in compliance with data protection laws of the European Union. Unless the European Commission have decided that the country of the recipient provides adequate data protection legislation or the recipient is a subscriber to the EU/CH-US Privacy Shield, we always implement such contractual clauses as are recognized by the European Commission to provide adequate protection.
By accepting this Privacy & Cookies Policy, you are expressly authorizing us to process and share your Personal Data to the recipients of Personal Data (see the section "Do we transfer Personal Data to third parties?") located outside the European Economic Area for the purposes described herein (please see section "For what purposes do we process Personal Data?").
8. For how long do we store Personal Data?
We store Personal Data collected through the Website only insofar and as long as required to meet the purposes defined within this Privacy & Cookies Policy or to the extent required by law.
Unless the law requires longer storage of Personal Data, we will delete (or irreversibly anonymize) Personal Data 3 months after collection thereof at the latest.
9. Who is the Controller, Representative and Data Protection Officer?
The controller of Personal Data collected through the Website is Gate Gourmet A�roport de Bale Mulhouse SAS, Batiment Catering Zone de Fret A�roport de Bale Mulhouse 68300 Saint Louis France.
For the European Economic Area, we have appointed the following data protection representative and data protection officer:
Walder Wyss Ltd.
Attention David Vasella,
Seefeldstrasse 123
CH-8034 Zurich.
10. How can you exercise your right to request information?
You have the right to submit an information request in order to learn what categories of Personal Data we are processing about you for what purposes, how we share your Personal Data with others, how long we store your Personal Data or to request that we stop processing your personal data. If you would like to submit such request, please send an e-mail to gdpr@gategroup.com.
Your information request will be processed and answered without a fee, except if your requests are manifestly excessive (in particular because of their repetitive character) in which case we reserve the right to request prior payment of a fee of up to the equivalent of EUR 200 or to refuse to answer the request.
In rare cases we may � to the extent permitted by applicable law � have to partially or entirely refuse to answer your request. In such case we shall inform you about the reasons of such refusal. You are entitled to lodge a complaint with the supervisory authority (see below "Where can I lodge a complaint") against such refusal and seek a judicial remedy.
11. How can you exercise your rectification, erasure or opposition rights?
You have the right to request that we rectify incorrect Personal Data. In addition, you have the right to request that we delete your Personal Data or that we stop processing your Personal Data. If you wish to make such request, please send an e-mail to gdpr@gategroup.com.
Except where applicable data protection legislation does explicitly permit that we continue processing and/or keep your Personal Data, we shall forthwith delete and/or stop processing your Personal Data.
12. Where can you lodge a complaint?
You have the right to lodge a complaint about our processing of your Personal Data or about our response to an information, rectification or erasure request or to a request that we stop processing your Personal Data. If you wish to exercise such right, please refer to the appropriate data protection authority.
13. Links to other providers' websites
This Website may contain links to other providers' websites that are not covered by this Privacy & Cookies Policy but are subject to their own privacy policies.
14. Amendments of the Privacy & Cookies Policy
The right to amend this Privacy & Cookies Policy at any time is reserved. Amendments shall apply as soon as they are published on this Website.
Additional Information about Cookies
What is a Cookie?
Cookies are small electronic files that are sent to your computer's hard drive by the web server on which the Website is hosted. Cookies pose no risk to your computer, as they are simply files and not executable programs.
What are Cookies used for on this Website?
We use so-called Session Cookies which are deleted when you end the browser session, as well as Permanent Cookies that are stored until deleted by you.
For the purposes for which Cookies may be used on the Website please see the section "For what purposes do we process Personal Data?"
For a complete list of the Cookies currently used on this Website, please see the up-to date List of Cookies.
Can the Cookie settings be changed?
You decide yourself whether the Website's web server is allowed to save Cookies on your computer or not. You can opt to change your browser settings so that Cookies are not allowed to be accepted or saved on your computer at any time. You can delete the files that are stored on your computer and that contain Cookies.
Please be aware that declining or denying Cookies may prevent you from being able to use the Website to its highest capability and that some functions on the Website may be limited or unavailable.
List of Cookies
The below list shows the Cookies used by this Website, together with the purpose, duration and management of each Cookie.
User identification: User identification Cookies are used to identify and authenticate the user. User identification Cookies may also contain the technical data from the user's session such as, for example, waiting time for connection, session identifier, etc.
Session identification: Session identification Cookies are used to identify the http session of the user. Session identifier Cookies are common in all web applications to identify all user requests during a session.
Navigational status: Navigational status Cookies allow to identify the User's navigation status (start of the session, first page, first access, scroll status, etc.).
User selections:User selections Cookies store the session values chosen by the user, such as language, products, etc.
Favorites and last selections: Favorites and last selections Cookies allow the user's favorite and last selections to be remembered (such as cookies installation consent, etc.) in later web sessions.
Protocol: Protocol Cookies allow to process changes between secure (https) and non-secure (http) domains (protocol).
Origin: Origin Cookies are used to determine the origin of a user when arriving on a page on this Website, for example, whether the user has arrived from the search browser or from an external website.