Terms of use and privacy notice.
Terms of use.
The Terms of Use are required for your use of EATCLOUD, either on your eatcloud.com website or in the EatCloud app. When you register or use EATCLOUD you agree to these terms.
The services offered by EatCloud may be used by persons with full capacity to contract, exercise rights and acquire obligations under the law.
Definitions.
For a better understanding, please note the following definitions:
APPLICATION.
It is the software called “EATCLOUD” for the service of users. EatCloud puts the software at the service of users who manage donations.
USER.
It is the person who uses EatCloud through the website, web application or mobile application.
USER-DONOR.
This is the person who uses EatCloud through the website, web app or mobile app to manage the donations they wish to advertise and deliver.
USER-BENEFICIARY.
This is the person who uses EatCloud through the website, web application or mobile application to register or manage the donations they wish to receive.
Services.
EATCLOUD provides its technological services to legal entities committed to food waste, social and environmental causes, and who wish to contribute to the reduction of the carbon footprint in the world by allocating their surpluses to serve those most in need. The food ecosystem can advertise their donations through the Web. In turn, the social ecosystem can receive donations through the app provided by EatCloud.
Unacceptable behavior.
The USER-BENEFICIARY shall not engage in illegal conduct or conduct that affects the operation of the service. An enunciative list of behaviors that are not allowed is given:
(i) To commercialize the donation delivered.
(ii) Exchange the donation for any service or product.
(ii) Create, publish or disseminate by any means false information that induces hatred, violence or discrimination against minorities or that goes against morals and good customs.
(iii) Failure to pick up the donation at the scheduled place, date and time.
(iv) Receive donations that were not allocated by the application.
(v) Taking items or merchandise that belong to the USER-DONOR and that are located at the donation points. The following are considered items: baskets, recycling material and others.
(vi) Disrespecting those involved in the operation.
(vii) Cause nuisance, discomfort or damage to the food ecosystem or social ecosystem.
Obligations of the User – Beneficiary.
The USER-BENEFICIARY agrees to:
(i) Deliver actual data of the Entity through the application and authorized means.
(ii) Attach documents requested to receive the service at the time of registering the entity and during the provision of the service.
(iii) Maintain consistency between the information provided in the application and what happened in the operation.
(iv) Update the Entity’s contact information (mobile number, landline number and e-mail).
(v) Provide dignified, respectful and friendly treatment to all persons involved in the use of the application.
(vi) Refrain from receiving donations that have not been allocated through the application.
(vii) Guarantee the personal and non-transferable use of the assigned account.
(viii) Use the application without causing hindrance, annoyance, inconvenience or harm to donors, other users, intermediaries and third parties.
(ix) Inform through the authorized channels of the change of the Legal Representative.
(x) Attend and follow the details of the announcements regarding requirements to enter the donor points and pick up the donation. Some requirements are: individual protection elements, ARL affiliation and others.
(xi) Verify the characteristics of the donation in terms of quantity, weight and type of product, and acknowledge the receipt in the application.
(xii) Ensure that the donation is delivered to the population in need.
(xiii) Attending the linkage and follow-up visits to certify the entity’s qualifications to be a donation manager through the app.
(xiv) Comply with all legal obligations established in accordance with the applicable legal regime.
The user accepts that access to the application may be denied for failure to comply with any of the following conditions
obligations described above, for any unlawful conduct or conduct affecting the food and social ecosystems. Without prejudice to the initiation of criminal action for conducts that threaten public faith, social economic order, economic patrimony, life or personal integrity.
Control System to the USER BENEFICIARY for unacceptable behavior or non-compliance with obligations.
EatCloud will exercise control over the use given by the USER-BENEFICIARY to the application and its interaction with the ecosystem. If with the way you act you affect the ecosystem or fail to comply with any of the obligations, EatCloud may take any of the following decisions at its discretion:
- Send a notice to the BENEFICIARY USER reminding him/her of the behavior that affected the operation and the terms of use that he/she accepted.
- Partially or totally disable access to the ecosystem.
Access to an account will be restricted when the BENEFICIARY USER sells a donation received through EatCloud. Marketing a donation is a crime.
Manager’s certificate.
EatCloud will be able to verify on site the qualities of the non-profit entities that wish to manage or manage donations through the application. This way you can certify the quality of the manager.
If the entity does not obtain this certification, it will not be able to manage donations through the app.
Donation certificate.
The donation announced through EATCLOUD and delivered by the donor to the Asociación Banco de Alimentos de Colombia – ABACO, is found in the related supporting documents at cost and before VAT, as indicated in Article 125-2 of the Tax Statute. ABACO issues a donation certificate when a product suitable for human consumption has been announced and delivered and has complied with the provisions of the law.
Logistics Manager.
ABACO, the Colombian Food Banks and the Non-Profit Entities are the logistics managers and perform the tasks required for the management and handling of the food received as donations.
Requirements for the correct functioning of the app.
To use EATCLOUD Mobile, the USER must have a compatible cell phone or device, with Internet connection and that complies with the minimum features as indicated in the App Store. Likewise, the USER must make sure to have the latest version of the APP, through updates through the App Store.
EATCLOUD mobile will be compatible with Android OS devices with Android OS 5.0 and above. Also regular updates, software or documentation that allows you to use EatCloud.
The application is available for proper operation on a mobile device. The account must only be accessed from a mobile device.
Responsibility
For the use of EatCloud. The USER is solely responsible for the use of EatCloud services and for any consequences arising therefrom.
Exclusion of Liability.
For the availability of the Application. EATCLOUD, its licensors and its subcontractors are not responsible for the unavailability of the application, difficulties or impossibility to download or access its content, or any other failure in the communication system that may cause the APPLICATION to be unavailable.
EATCLOUD and its licensors are not responsible for the technical service and maintenance of the application.
Damage or failure.
EATCLOUD and its licensors shall not be liable for any damage, injury or loss of USER equipment caused by system, server or Internet failures.
EATCLOUD shall not be liable for any virus that may attack the USER’s equipment as a result of an input device or access, use or navigation on the Internet site, transfer of data, files, images, text or audio contained on the WEBSITE.
USERS may not attribute to EATCLOUD or its licensors any liability or demand payment for lost profits or any type of compensation for damages or civil liability resulting from technical difficulties or failures in the systems or on the Internet. EATCLOUD or its licensors also cannot guarantee access to or uninterrupted operation of its site. From time to time, the system may be unavailable due to technical difficulties or Internet failures.
Limitation of Liability.
EATCLOUD and its licensors will use reasonable efforts to make the application available at all times. However, the USER accepts that delivery of the App will be via the Internet and mobile networks and that, accordingly, the quality and availability of the App may be affected by factors beyond the responsible control of EATCLOUD and its licensors.
Disclaimer of warranties.
For the avoidance of doubt and to the fullest extent permitted by law, EATCLOUD and its licensors disclaim all implied warranties arising from the application. The application and software are provided “as is” and “as available” without warranty of any kind.
Intellectual property.
All trademarks, copyrights, databases and other intellectual property rights in the mobile application, whatever their nature, as well as the source code, are owned by EATCLOUD or its licensors.
EATCLOUD hereby offers a revocable, free, non-exclusive, non-transferable, international, personal license to use this application and the eatcloud.com site on a personal or professional basis within the limits set by these application terms. This license will allow you to enjoy the services offered by both the mobile application and the website in accordance with these terms of use.
Regarding the shared information such as messages, photos and videos that the USER shares through the platform, the USER grants a non-exclusive, transferable license with sublicensing rights, Creative Commons Attibution 3.0 Unported (CC By 3.0) and with global applicability for the proper functioning of the platform and the USER’s account or accounts. This license terminates when the USER deletes his/her content from his/her account, unless this content has been shared with third parties and they have not deleted it.
The services are the exclusive property of EATCLOUD and its licensors. The services are protected by intellectual property and trademark rights, as well as by the regulations of Colombia and third countries. These conditions do not grant you any rights in relation to the use of the name of the application, the EATCLOUD brand, logos, domain names or any other distinctive feature of the brand.
EatCloud Reservation.
Upon becoming aware of any possible violation of these terms. EatCloud reserves the right to decide whether the USER is in compliance with the stated usage requirements and may terminate a user’s access, without notice and at its sole discretion.
Limitation of service.
The services provided by EATCLOUD are continually evolving. The form or nature of such services may change without notice. EATCLOUD may discontinue all or part of the provision of services to users without notice.
EATCLOUD reserves the right to limit the use at any time and without prior notice. In any case, EATCLOUD will notify users when maintenance of the platform is required. The software version of the application may undergo periodic updates to add support for new features and services.
Completion of the service.
EATCLOUD may terminate the use of the mobile application at any time without notice to the USER. All rights and licenses granted to the USER will be terminated. Therefore, the USER will cease to use the software.
Change or update of the terms of use.
EATCLOUD may modify or update its terms of use. The USER will be informed as required by law.
Jurisdiction
This agreement shall be governed by the laws in force in the Republic of Colombia. Any controversy arising from this agreement shall be submitted to the applicable laws and the competent Courts of the City of Medellin and the proceedings shall be conducted in Spanish language.
Address
EATCLOUD’s domicile in Medellín is fixed as Calle 32 D 81A 44 Bloque 59, Apt 201. Medellín, Colombia.
Privacy
Principle of Confidentiality.
The information provided by the USER will be validated in the Information Systems, databases or databanks of duly authorized third parties. Under the commitment to maintain the confidentiality of personal, commercial, accounting, technical, commercial information or that which is obtained from the execution and exercise of its functions.
EATCLOUD may use the information systems and databases of property provided by the USER and validated with databases with authorization for the processing of information. EATCLOUD guarantees the USER, that when it comes to the transfer of personal data, will comply with the provisions of Law 1581 of 2012, especially Article 26, and other rules that modify, add or supplement it.
All information provided by the USER to EATCLOUD is subject to the Privacy Policy and Information Treatment. It is reported that the use of the services implies your consent to the collection, the use of this information, the transfer of this information to the United States or other countries for storage.
The information provided will be transferred and transmitted to ABACO, its network of Food Banks and Allies for their own management, according to the content of the document called Privacy Policy and Treatment of Information, which is an integral part of this agreement.
It is necessary to send notifications to keep you informed. News with the provision of the service are considered an integral part of the services provided with your EATCLOUD account.
Technical support and other types of communication.
When you use our technical support and communication channels you submit personal data and information. This information is collected and treated in accordance with our policy.
I do not use banners.
We do not publish advertising banners of third parties. We do not allow third-party advertising on our services. We do not intend to do so. Any changes will be reported through Policy updates.
Information associated with the account.
EATCLOUD may collect personal information associated with the account such as: name, email, cell phone, USER name and password for the purpose of identifying USERS on the platform and establishing communication channels with them.
—
This Privacy and Information Processing Policy lets you know how we handle the information we collect when you use the eatcloud.com website and application.
The USER provides EatCloud with some data that are considered personal by Colombian law. EatCloud is responsible and is in charge of the treatment of the data taking into account the legal provisions in force. EatCloud stores this information in the USER database on a dedicated server provided by the company Godaddy in the United States of America, whose purpose is the correct functioning of the base applications. In any case it is carried out under the security standards required by law.
The applicability of the policy to the Database will be 50 years from January 1, 2013, term that may be extended.
EatCloud is located at Calle 32 D 81A 44 Bloque 59, Apt 201, Medellín, Colombia.
Access data to social networks.
This information is used for the purpose of interaction and information sharing processes with these social media.
Demographic and psychographic segmentation data.
This information will be used for commercial campaigns.
Location and time stamp data.
The information associated with the donations is available and its purpose is the creation of heat maps. It can be sold to third parties. It can also be shared with third parties and competent authorities in order to ensure the practice of open data. In all cases, privacy and information security are respected.
Database Security.
EatCloud iscommitted to database security. That is why it takes the following measures:
- Server-side protection against malicious computer attacks.
- Periodic data backup.
- Restriction of remote access to the database.
- Database access protection through secure usernames and passwords (high level of complexity).
Policy Changes.
EATCLOUD may modify its Privacy Policy and Treatment of Information. Any change in the use of the information collected, will be informed to the USER through a notice in the application or via email. Once a new version of policy and treatment is published, it is understood that the User accepts its content.
Questions, complaints or claims.
Questions, complaints or claims can be registered by e-mail: soporte@eatcloud.com. Our Service Desk will assist you or in the portal: https://newaccount1617917381065.freshdesk.com/
Information of the Data Controller.
The person responsible for the Processing of Protected Information shall be:
EATCLOUD S.A.S. BIC, NIT. 901391724-9
Responsible Area: Customer Service
Authorized Email: soporte@eatcloud.com
Website: www.eatcloud.com