Terms and Conditions
Terms and Conditions
By means of these general terms and conditions of use and legal information (hereinafter, the “General Terms and Conditions of Use and Contracting On-Demand
Services for Partners”), Glovoapp Spain Platform S.L.U (hereinafter, “GLOVO”) makes the website, with the domain https://business.glovoapp.com, available to
restaurants, groceries stores and e-commerces (hereinafter, the “PARTNER” or the “PARTNERS”) to provide on-demand delivery services. These General Terms
and Conditions for Partners (hereinafter “TCs” or AGREEMENT”) apply to each PARTNER’s use of the service.
I. GLOVO is a technology company whose main activity is the development and management of a technological platform that, through a mobile
application or a website, allows certain associated stores in some cities of a certain country to offer their products through the platform and, where
appropriate, if the users of the platform and the consumers of said associated stores so request through the Platform, GLOVO operates as an
intermediary between the supplier, the associated store and the user for the immediate delivery of the products.
II. GLOVO also declares that it is a company providing on-demand services to independent companies, through a technological platform, the Glovo
business platform, developed for this purpose and hereinafter referred to as the "PLATFORM".
For the purposes of these General Terms and Conditions of Use and Contracting On-Demand Services for Partners, the following capitalized terms shall have the
meanings given to them below:
● ON-DEMAND SERVICE/S: Technology services for the purpose of connecting PARTNER’s own sales channels (website, platform, etc.) with
GLOVO’s PLATFORM.
● MANDATARY INTERMEDIATION SERVICES: Technology intermediation for the purpose of making available the products sold by the PARTNER
through their own sales channels (website, platform, etc.), to their CUSTOMERS through the independent couriers who provide their services through
GLOVO’s APP (“MANDATARY” or “MANDATARIES”). Said MANDATARY INTERMEDIATION SERVICES includes the services of access to
thousands of mandataries to ship the products of the PARTNER.
● COURIER ACCESS FEE: Fee charged by MANDATARY for delivery of PARTNER products, calculated based on standard fee structure agreed to
between MANDATARY and GLOVO.
● PARTNERSHIP FEE: Total cost paid by PARTNER for ON-DEMAND SERVICES and MANDATARY INTERMEDIATION SERVICES, charged by
GLOVO.
● CANCELLATION PENALTY: additional cost paid by the PARTNER for cancellations that are their responsibility and which are charged by GLOVO.
● CUSTOMER/S: individuals who purchase for the products offered by the PARTNER’s through their own sales channels (website, platform, etc.).
● API (Application Programming Interface): computer connection that links the PARTNER’s own sales channels (website, platform, etc.) that the
PARTNER uses, where CUSTOMERS can order the PARTNER’s products, with the Platform in order for the MANDATARIES to deliver the
PARTNER’s products to the CUSTOMERS.
● ORDER CREATION: order phase when the PARTNER asks for ON-DEMAND SERVICES.
● PICK-UP: order phase when a MANDATARY arrives at the pick-up point and collects the PARTNER's order.
● DELIVERY: order phase when a MANDATARY arrives at the delivery point to hand over the order to the CUSTOMER.
● RETURN: order phase when a MANDATARY returns the order to the PARTNER’s address (pick-up point) due to an unsuccessful DELIVERY.
Hereinafter, reference to “General Terms and Conditions of Use and Contracting On-Demand Services for Partners” shall be deemed as “TCs” or “AGREEMENT”.
1. OBJECT
1.1. The common aim of these TCs is providing ON-DEMAND SERVICES so as to make available the products sold by the PARTNERS through their usual
sales platforms to their CUSTOMER by means of providing MANDATARY INTERMEDIATION SERVICES. The PARTNER shall be the physical “seller” of
all the products sold through their usual sales platforms and can make a request for ON-DEMAND SERVICES via https://business.glovoapp.com or, if
applicable, via API connection from a specified location (“Pick up Point”) to a designated delivery address (“Delivery Point”).
1.2. GLOVO does not assume any liability for any incorrect or incomplete order for reasons attributable to the PARTNER.
1.3. GLOVO commits to complete the delivery of the products for no longer than 60 minutes from the time the order is created.
1.4. The PARTNER is able to track ongoing ON-DEMAND SERVICES and view historical orders using https://business.glovoapp.com. During an ongoing order
GLOVO will update the order status via the aforementioned channel or (if applicable) via API connection, with relation to the following statuses once the
order is: i) accepted by the MANDATARY, ii) picked-up by the MANDATARY and iii) delivered to the CUSTOMER.
1.5. The PARTNER may have various establishments or stores or may have a relation with them (hereinafter, the “AFFILIATES”) , whose details must be
provided to GLOVO in advance in Annex I in order for them to be activated and enabled on the PLATFORM with their own business profile.
1.6. The PARTNER hereby declares that its main activity is the production of food and/or manufacturing of their products, and its selling to customers. The
PARTNER also hereby declares that these products are sold through its own digital sales channels.
1.7. For the purpose of providing MANDATARY INTERMEDIATION SERVICES for PARTNERS, GLOVO shall, through the PLATFORM allow companies
such as the PARTNER to connect with MANDATARIES (as described in the TCs).
1.8. The relationship arising from these TCs is strictly a business relationship between independent parties, who agree to present themselves to the market as
independent operators at all times, avoiding any confusion between the services provided by each of them. Both Parties agree to work together in good faith
on certain collaboration-based projects. The Parties may amend these TCs by mutual agreement at any time by signing an Addendum. Each party shall be
responsible only for its own employees in connection with the performance of these General Terms of Use and Contracting On-Demand Services for Partners
and with the fulfillment of its own obligations hereunder.
2.1. The duration of the present TCs is TWO (2) years from the acceptance of these TCs, which shall be extended indefinitely for successive periods of the same
length.
If GLOVO wishes to terminate this agreement, it should give the other party at least a SIXTY (60) days written notice of termination, while the PARTNER
wishing to terminate the AGREEMENT, must give a THIRTY (30) days written notice of termination.
If the PARTNER fails to give the above-mentioned period of notice, GLOVO shall charge the PARTNER a penalty of €1/order the PARTNER has had
delivered through the PLATFORM during the SIX (6) months prior to the cancellation.
Likewise, breach of any of the obligations set forth in these TCs shall constitute grounds for termination of the relationship unless such breach is rectified
within FIFTEEN (15) days following the notification of such breach by the affected non-breaching party, and non-payment by the PARTNER, for TWO (2)
consecutive months, of the fees accrued in GLOVO’s favor pursuant to these TCs shall also constitute grounds for termination of the relationship.
2.2. If GLOVO wishes to amend/remove a clause or include an additional clause, it must inform the PARTNER in writing by e-mail or through the WebApp of
the amendment or addendum at least FIFTEEN (15) calendar days before the date on which it wishes the amendment/removal/inclusion to be included. In
the case that the said period expires without the PARTNER having expressed its opposition, the content of the notified modification/deletion/inclusion will
be binding on both parties and will remain in force for the duration of the relationship. The continued access or use of the PLATFORM by the PARTNER
after the entry into force of the modification/deletion/inclusion will be considered as acceptance of the same by the PARTNER.
Any amendments that GLOVO may wish to make to these TCs shall in no event be retroactive unless GLOVO is required to comply with a legal or
regulatory regulation that applies to it or when such amendments are beneficial for the PARTNER.
2.3. If the PARTNER wishes to make an amendment, the said party shall contact GLOVO through the “Terms and Conditions” section of the WebApp. The
amendment proposed must be expressly accepted by GLOVO in order to become binding for both Parties.
3. FINANCIAL CONDITIONS
3.1. Payment for the use of both ON-DEMAND SERVICES and MANDATARY INTERMEDIATION SERVICES shall be calculated based on a territory and
distance parameter covered by the MANDATARIES when making available the products of the PARTNERS sold by its own sales channels to their
CUSTOMERS (hereinafter, the “PARTNERSHIP FEE”).
PARTNERSHIP FEE is paid by the partner for access to GLOVO’s technology. Among other elements, for the calculation of said partnership fee, GLOVO
takes into consideration the services provided, as well as other factors characterized by the PARTNER, such as its presence on the territory, its prestige,
visibility, etc.
The Parties declare that the criteria and the amounts used for the calculation of the PARTNERSHIP FEE has been freely agreed, on good faith and taking
into consideration the conditions and needs of both Parties.
Payment for the use of delivery services provided by the MANDATARIES shall consist of a variable amount calculated according to different factors such as
territorial presence, the volume of orders, etc (hereinafter, the “COURIER ACCESS FEE”). The PARTNER will be invoiced by the MANDATARIES or
re-invoiced for these services.
3.2. The PARTNER shall pay the PARTNERSHIP FEE, within THIRTY (30) calendar days immediately after their accrual. Delay in payment shall give rise to a
penalty equivalent to the legal interest rate applicable to the territory at the time of the breach of contract.
GLOVO reserves the right to offset, charge or recover directly from the balances held by GLOVO in the PARTNER’s name all those amounts owed to it by
the PARTNER that have not been paid within THIRTY (30) calendar days from their date of accrual.
Regardless of the payment conditions set in this clause, the PARTNER shall pay the COURIER ACCESS FEE under the terms established in the relevant
invoices issued by the MANDATARY for the provision of his delivery services. The payment of the COURIER ACCESS FEE will be managed by GLOVO on
behalf of the PARTNER.
4. GLOVO’S OBLIGATIONS.
4.1. GLOVO shall do its best efforts to provide ON-DEMAND SERVICES and the MANDATARY INTERMEDIATION SERVICES regarding those orders
placed by the PARTNER at the time when the PLATFORM is available (i.e., within GLOVO operations hours) and the deliveries follow the requirements of
Pick-up and Delivery addresses as well as Weight and Volume available at https://business.glovoapp.com.
For requirements related with weight and volume of the products, if the order exceeds the established volume, the partner is required to request an
additional MANDATARY in order to complete the delivery of the objects that exceed the restrictions at the order creation. The additional service will be
supported by the PARTNER.
4.2. GLOVO will strive to make the ON-DEMAND SERVICES available whenever commercially possible during the regular working hours. Depending on the
availability of the MANDATARY or the saturation of the delivery area it may not be available at all times. While available, GLOVO commits to assign a
MANDATARY to an order without delay.
4.3. GLOVO does not guarantee the availability or functionality of the PLATFORM or any technical systems (including hardware and software) required for the
purpose of making available the ON-DEMAND SERVICES and is not liable for interruptions and compensations to the PARTNER related with downtime or
deficiencies/defects.
4.4. When providing the ON-DEMAND SERVICES, the MANDATARY will make one delivery attempt to the address specified in the delivery service. In the
event of not being able to complete the delivery, or if the MANDATARY cannot access the delivery point, three (3) communication attempts will be made
to reach the CUSTOMER using the contact information provided for the specific delivery service. After these attempts, GLOVO will no longer be liable for a
successful delivery. For non-food products, GLOVO will return them to the pick-up point, without prejudice to the cancellation clause set forth in Annex IV.
a) Have its ordering sales channels (website, app, etc.) permanently connected on the PLATFORM or, at least, to keep it active at the same operating time
of PARTNER’s ordering sales channels.
b) Pay GLOVO the price arranged, following the procedures stated in Section 3 of this AGREEMENT, and will be responsible for any breach of their
obligations with GLOVO in this AGREEMENT.
c) The PARTNER declares that all orders must be paid through their own sales channels and no cash should be involved in the payments done by
CUSTOMERS. The MANDATARY INTERMEDIATION SERVICES provided does not involve under no circumstances any cash payments.
d) Will not use MANDATARY INTERMEDIATION SERVICES of GLOVO for delivering products that are prohibited or restricted by the applicable law in
the territory where the AGREEMENT takes effect in accordance with Glovo website TCs... The PARTNER ensures that the object of the deliveries will
strictly consist of food, groceries and, in general, products manufactured by the PARTNER and delivered to their CUSTOMERS who have purchased
them through its own sales channels.
e) Arrange a Civil Liability insurance policy with a company of recognized solvency that covers the total cost of the products to be delivered by the
MANDATARIES. Said policy may not be canceled or materially reduced. Evidence of the insurance required in this document must be provided by the
PARTNER at GLOVO’s request. Under no circumstances will the limits of any policy be deemed to limit the PARTNER’s liability under these TCs.
f) Provide the correct pick-up address, contact information as well as the delivery address and contact information of the CUSTOMER and any other
details required for the purpose of MANDATARY INTERMEDIATION SERVICES to be completed. The PARTNER and / or AFFILIATES is also
responsible to remain available via telephone, email and chat (as applicable) to GLOVO’s customer support center at all times when the ON-DEMAND
SERVICES are carried out. GLOVO takes no responsibility for any failed deliveries or other failure to provide the ON-DEMAND SERVICES due to the
unavailability of the PARTNER and/or CUSTOMER.
g) Manage working hours of establishments or stores which it has a relation with in order to request ON-DEMAND SERVICES to GLOVO with at least
TWENTY (20) minutes before closure and to avoid cancellations due to store closure.
h) Notify CUSTOMERS prior to placing an ON-DEMAND SERVICE that their personal data will be shared with GLOVO and the MANDATARY to enable
the delivery and, in connection with the applicable deliveries, request the CUSTOMER’s consent to receive delivery status updates by text messages,
from GLOVO.
i) In the event that the entire order is canceled for a reason attributable to the PARTNER (e.g. if its store is closed during its stated hours, if it does not
have the products required to fulfill the Order in full, or for any other reason precluding the PARTNER from preparing the order), the PARTNER will
be charged according to clause 6..
j) Prepare and supply the orders delivered by MANDATARIES solely and exclusively from its own kitchens or those of its restaurant partners (in the case
where PARTNER is an aggregator of restaurant orders) from those that may be made available to it by GLOVO in order to comply with its hygiene
and public health obligations set forth in these TCs, as well as to comply with the efficiency and logistics criteria agreed between the Parties.
k) Provide truthful information about its bank account number and bear the costs that may arise from providing any false information in relation to such
account number.
l) The PARTNER shall be liable in the event of damaged or lost products during transportation. If this event occurs, the PARTNER must inform GLOVO
through the WebApp. Additionally, a visual proof of the damages shall be reported immediately upon delivery and no longer than ONE (1) week after
the order have been delivered. If the PARTNER is proved to be right, GLOVO and the MANDATARY will refund the PARTNER in the amount detailed in
clause 6.
m) The PARTNER shall be liable in the event of a suspicious fraud on delivery (associated with an order not delivered or not returned to the pick-up
point). If this event occurs, the PARTNER must inform GLOVO immediately upon delivery and no longer than ONE (1) week after the delivery time
through the WebApp. If the PARTNER is proved to be right, GLOVO and the MANDATARY will refund the PARTNER in the amount similar to a
cancellation during DELIVERY / RETURN (PARTNERSHIP FEE + 10 euros).
5.2 The PARTNER, with regard to the MANDATARY INTERMEDIATION SERVICES specifically, shall in addition be required to:
a) Complete Annex II “Food Transport Safety” in accordance with any requirements that may apply to the MANDATARY for the transport of the products.
b) The PARTNER undertakes not to make the MANDATARY wait for more than 10 minutes after their arrival. Otherwise, delay penalties (included in the
PARTNERSHIP FEE) will be applied to the PARTNER.
● A penalty of €0.50 plus tax shall be applied between 10 minutes to 15 minutes from the MANDATARY’s arrival in the store;
● A penalty of €0.75 plus tax shall be applied between 15 to 20 minutes from the MANDATARY’s arrival in the store;
● A penalty of €1.00 plus tax shall be applied after 20 minutes from the MANDATARY’s arrival in the store.
The delay penalties are charged by GLOVO to each PARTNER with the monthly invoicing.
c) To complete Annex III “Coordination of Business Activities”, stating the risks at its facilities that may affect the MANDATARIES, as provided in the
applicable legislation on the coordination of business activities.
5.3 When providing incident management services to the PARTNER, GLOVO shall act as a mere intermediary in any event, facilitating contact with those
users that have used the APP. The financial cost and consequences of the incident shall be borne in full by the PARTNER.
6. CANCELLATIONS
6.1 Once a MANDATARY has voluntarily accepted an order, the execution of the ON-DEMAND SERVICES is considered to have started and, depending on
the processing phase, the PARTNER may be entitled to specific service fees if a cancellation of the service is requested.
Without prejudice to the foregoing, the cost of a cancellation may depend on the following factors:
6.1.1. If the cancellation is GLOVO or the MANDATARY responsibility, they are responsible to compensate the PARTNER according to the following conditions:
Before PICK UP PARTNER created the order and Mandatary accepted it PARTNERSHIP FEE
MANDATARY has picked up the order and canceled en-route, less than 60
PARTNERSHIP FEE + 7 euros
minutes have passed
Between PICK-UP and
DELIVERY / RETURN
MANDATARY has picked up the order and canceled en-route, more than 60
PARTNERSHIP FEE + 10 euros
minutes have passed
There is not any legal relationship between GLOVO and the CUSTOMER thus, the PARTNER is responsible to compensate the CUSTOMER according to
PARTNER’s cancellation policies.
6.2.2 If the cancellation is the PARTNER or the CUSTOMER responsibility, the PARTNER is responsible to compensate GLOVO according to the following
conditions:
6.3. The cost of cancellations will be shared by GLOVO to each PARTNER with the monthly invoicing. For more details on cancellations check the Annex IV.
7. MISCELLANEOUS
7.1. The PARTNER undertakes not to harm or in any way damage GLOVO’s image and reputation, and it may use GLOVO’s and/or the PARTNER’s brand
to identify itself to the public as an associate through any of the means used by the PARTNER and GLOVO for their own promotions and to attract
users.
7.2. In the event that the PARTNER directly or indirectly takes any action that could harm or damage GLOVO’s image and reputation (e.g. disclosing
information about GLOVO’s business to GLOVO’s competitors or making negative comments about GLOVO), GLOVO reserves the right to stop
applying these Terms and Conditions for Partners as well as the set of agreements concluded with the PARTNER, take legal action and claim damages
from the PARTNER. In the event of breach of this obligation, GLOVO shall be entitled to charge the PARTNER an additional €1/order the PARTNER
has had delivered through GLOVO during the SIX(6) months prior to such behavior.
7.3. The PARTNER shall refrain from disclosing any business secrets or confidential information to which it has had access as a result of its professional
relationship with GLOVO.
7.4. In addition, by agreeing to these TCs, the PARTNER undertakes not to develop or market any applications that are in direct competition with the
GLOVO PLATFORM during the term of the contractual relationship.
7.5. All brands, domain names, software and other creations that are subject to Industrial and Intellectual Property rights in relation to the PLATFORM,
including any possible future changes, are the property of GLOVO. The PARTNER undertakes not to register or apply for registration thereof or of any
similar ones anywhere, or to alter, modify or cancel them, and it expressly accepts that nothing contained in these TC’s grants it any future rights in
relation to such rights.
7.6. Save as expressly provided in these TCs or in a subsequent Annex, the PARTNER may not issue a press release or refer to GLOVO in any way in
connection with these TCs or in any other way without GLOVO’s prior written consent.
7.7. For the duration of these TCs, the PARTNER hereby grants GLOVO a royalty-free license, which is non-exclusive, worldwide-valid, as well as the right
to use its Intellectual Property, including, but not limited to: copyright, trade secrets, know-how, trademarks, images, text and, in general, the entire
content published on its website (“PARTNER’s IP”) provided by the PARTNER for the purposes of i) executing these TCs and ii) performing marketing
activities for its online orders and iii) for any other related purposes. In no case will the above mean that the PARTNER transfers its IP to GLOVO
(unless otherwise agreed in a separate Contract).
7.8. The PARTNER declares, warrants and agrees that it holds the ownership of its PARTNER’s IP (through a valid property or license), and the
PARTNER has the right to license or sublicense the use of such IP to GLOVO for the purposes of these terms and conditions, and it is not aware of
any third party violating its IP rights. The PARTNER shall not enter into any subsequent agreements that could restrict GLOVO’s right to use the
PARTNER’s IP.
7.9. The PARTNER states that, in its own economic activities, it is aware of, and in compliance with, European data protection legislation and privacy
regulation applicable in the relevant country where the services set forth in these TCs are received.
The PARTNER acknowledges that the CUSTOMER’S personal data (name, delivery address, contact information and any special instructions required
for delivery) will be under GLOVO’s usage to fulfill the delivery service provided by the MANDATARIES pursuant to the agreement set forth in these
TCs, and that the PARTNER must therefore grant access to the mention data at all times during the term of contractual relationship.
The PARTNER shall be liable to GLOVO for any infringements that may be incurred by it if it uses the data for any purposes other than as provided in
these TCs and for failing to put in place the necessary measures to ensure the security of the data received. By agreeing to these TCs, the PARTNER
hereby warrants to GLOVO that it has appropriate protection measures in place, and it undertakes to adhere to the legislation applicable to it as data
processor and to destroy the data when its purpose has been fulfilled and in any event once the relationship with GLOVO has come to an end.
Whenever so required by the current legislation, the PARTNER must sign a Data Processing Agreement with GLOVO (hereinafter, the “DPA”) setting
out the obligations and responsibilities described in the applicable legislation that may be applicable to the acceptance of the TCs. The Parties must
sign the DPA attached to these TCs as Annex V.
7.10 In order to comply with its obligations under these TCs, the PARTNER and its employees, agents and representatives must fully obey all the
applicable local laws relating to the fight against bribery, money laundering and financial terrorism, anti-trust and others that may apply to the activity.
Furthermore, it must carry out its activities in accordance with the most stringent principles and ideals of ethics, integrity and good faith, avoiding, both
directly and/or through third parties, any involvement in illegal business activities.
7.11. Under no circumstances the PARTNER will have access to information from other partners with whom GLOVO has a contract. However, the
PARTNER may have access to information in aggregate form on incomplete order volume, preparation time, order volume, or other relevant
information relating to the city or radius where the PARTNER offers its products or services.
7.12. The PARTNER states that it complies with GLOVO’s Standards of Ethics and Business Conduct for Third Parties (the “Guidelines”) and that it has
become familiar with their content, and it warrants that it will do so and will refrain from infringing the provisions of the said document.
7.13. The PARTNER undertakes to provide, within a maximum of THIRTY (30) days whenever so requested by GLOVO, documents confirming the
lawfulness of its activities in a valid and organized manner, as well as any additional clarifications on its business that may be necessary for auditing
purposes. Failure to provide the said documents will result in the suspension of any transfers until the documents requested by GLOVO have been
provided.
7.14. GLOVO reserves the right to transfer this relationship to any entity directly or indirectly belonging to GLOVO (the GLOVO group companies and
subsidiaries). In the event that GLOVO or any GLOVO group company or subsidiary is involved in a merger, consolidation, change of corporate control,
substantial assignment of assets, restructuring or liquidation, GLOVO may at its sole discretion transfer or assign this relationship to the related party
or any of its affiliates.
In any case, the PARTNER is not entitled to transfer this AGREEMENT to any entity unless GLOVO expressly authorises such transfer. If the PARTNER
transfers this AGREEMENT to a third party without GLOVO’s authorisation, GLOVO will be entitled to terminate the AGREEMENT without giving any prior
notice.
7.15. In the event that the PARTNER has any incident, problem, complaint or claim regarding the services provided by GLOVO, the PARTNER can contact
GLOVO free of charge through the WebApp or via email [email protected]. Once the PARTNER's complaint or claim has been received, an
internal complaint handling procedure will be initiated so that the support team can follow up on the case and proceed to study and resolve it. GLOVO
assumes the obligation to review the complaint within a reasonable period of time and to communicate the results of the complaint individually and in a
simple manner.
8.1. These Terms and Conditions for Partners shall be governed by the current laws of Spain.
8.2. The PARTNER, waiving any jurisdiction that might otherwise apply to it, agrees to submit the resolution of any disputes that may arise in connection
with the construction, performance or enforcement of these TC’s to the jurisdiction of the courts of Barcelona.
8.3. In the event of a conflict between these TC’s and any other conditions, these TC’s shall prevail unless otherwise agreed in writing.
Signature: Signature:
Annex I – Registration Request for Restaurant “XX” Which Has Acceded to the “General Terms and Conditions of Use and Contracting for
Partners” for Intermediation in the Immediate Delivery of “XX” Products Concluded Between YY and Glovoapp Spain Platform S.L.U,
[…]
I, Mr/Ms [representative’s full name], a businessperson of full legal age with Tax Identification Number (NIF) […………..], acting for and on behalf of the company
[___________________], as its [___________________], a position which I declare is still in force, hereby state as follows:
ONE: I declare that I acceded to the “General Terms and Conditions of Use and Contracting for Partners” for intermediation in the immediate delivery of “XX” products
concluded between YY and Glovo Spain Platform, S.L.U on [...], and I undertake to comply with it in full.
TWO: In order to give effect to the accession, I hereby send the information required of the restaurant(s) operated by the company [___________________], which
has/have acceded to the agreement, so that GLOVO may register it/them in its systems:
THREE: In addition, I expressly authorize Glovo Spain Platform, S.L.U to send YY on a weekly basis a list of the transactions carried out by users in relation to “XX”
products of the restaurants included herein.
FOUR: Finally, I undertake, in my own name and for and on behalf of [_________________], to respect the confidentiality of the terms set forth in this document and in
the TCs.
FIVE: I acknowledge, undertake and expressly consent to the fact that breach of the obligations contained herein or in the Terms and Conditions for Partners to which am
acceding may result in the acceding restaurant(s) ceasing to enjoy the intermediation service for the immediate delivery of products.
I hereby sign and undertake to comply with the above in [_________], on .... ........... .....
Company __________________________
● You may never carry food products in a vehicle that has previously contained animals, chemicals or petrol without first fully cleaning and disinfecting
the vehicle. You must consult the owner’s manual before cleaning the inside of the vehicle.
● During transport, you must protect all food and drinks from dust, foreign objects, chemicals or any other contaminants.
● You must not store food in direct contact with ice or water. You may only use sealed ice bags where this is necessary in order to keep the product at the
appropriate temperature. If the ice packs are reusable, you must wash, rinse and disinfect them after each use. Hot and cold sandwiches must be kept
in separate containers in order to keep them at the appropriate temperatures.
● All food and drink must be carried in equipment designed to maintain the appropriate temperatures (such as insulated or thermal bags/boxes,
refrigerators, etc.). Containers used for delivery must:
o Be approved by the NSF (or its local equivalent).
o Be sufficiently thick and heavy to withstand repeated washing, rinsing and disinfection.
o Be hard-wearing and free from bites, splinters, scratches, stains and cracks, and have no absorbed moisture or decomposition.
Pursuant to Clause 5.4 of these Terms and Conditions for Partners, and in accordance with the applicable legal provisions on the coordination of business activities, the
PARTNER undertakes to indicate those risks in its premises[1] that may affect the MANDATARIES present at them by crossing the appropriate boxes below:
1. Workplace Layout
❏ Falling onto the same level (e.g. as a result of slippery floors or floors in bad condition)
❏ Falling onto different levels (e.g. as a result of stairs, uneven floors or uncovered holes)
❏ Stepping on objects/materials (e.g. as a result of untidiness or lack of cleanliness or the presence of cables)
❏ Cuts with objects or materials (e.g. as a result of using work equipment, areas with sharp edges or tiles in poor condition)
❏ Bumping into immovable objects (e.g. as a result of narrow walkways, untidiness or lack of cleanliness)
❏ Becoming trapped by moving items (e.g. by automatic doors, use of work equipment)
❏ Materials collapsing or being knocked over (e.g. as a result of unsecured shelves or inadequate storage)
❏ Objects falling while being handled (e.g. as a result of lack of cleanliness or failure to use personal protective equipment)
❏ Contact with chemical substances (such as cleaning products in use or storage)
❏ Direct/indirect electrical contacts (e.g. as a result of using work equipment in poor condition or of plugs and/or cables in poor condition)
❏ Fire (e.g. fire spreading due to insufficient measures, failure to split the space into sections, lack of fire extinguishing means)
❏ Difficulty of evacuation in the event of an emergency (e.g. as a result of a lack of emergency-related signposting)
❏ Traffic accidents (in mision)
❏ Accidents in itinere
❏
…………………………………………………………………………………………………………………………………………………………………………………………
……………
2. Hygiene Risks
❏ Exposure to inadequate environmental conditions (e.g. high/low temperatures, relative humidity, uncomfortable temperature)
❏ Exposure to noise
❏ Environment with inadequate/insufficient lighting (e.g. work areas, walkways)
❏ Exposure to ionizing radiation (e.g. X-rays, radon)
❏ Exposure to non-ionising radiation (e.g. microwaves)
❏ Exposure to biological risks (e.g. Covid-19, food)
❏
…………………………………………………………………………………………………………………………………………………………………………………………
……………
1] The list, which is not exhaustive, does not replace the PARTNER’s risk assessment, which shall prevail over it.
Annex IV - SUMMARY OF CANCELLATION AND COMPENSATION TYPES
The situation is GLOVO or Partner and/or Customer want to cancel due to high delivery time
no 0-10 euros
MANDATARY responsibility (above then 60 minutes)
The situation is PARTNER or Partner closed, absent or there is nothing to pick-up (when the
yes 3 euros
CUSTOMER responsibility Mandatary arrives at pick-up point)
Partner issue or cannot deliver (does not want to prepare the order, is
yes 3-6 euros
not ready, lack of packaging, mistaken or missing products)
In compliance with the provisions of data protection regulations applicable, Glovo Spain Platform, S.L.U. (hereinafter, the “Processor” or “Glovo”) and the
PARTNER (hereinafter, the “Controller” or the “Company”) hereby enter into this Data Processing Agreement (hereinafter, the “DPA”), the Parties states the
following
RECITALS
I. The Parties have signed an agreement for the provision by the Processor of On-Demand Services and Mandatary Intermediation Services to the Company
or Controller (hereinafter the “Main Contract”) for the purpose of (i) connecting PARTNER’s own sales channels (website, platform, etc.) with GLOVO’s
PLATFORM, and (ii) making available the products sold by the PARTNER through said channels to their CUSTOMERS through MANDATARIES.
II. That the personal data of the CUSTOMERS that may be processed pursuant to the Main Contract is the sole responsibility of the Company. Notwithstanding the
foregoing, the Processor must have access to some specific personal data of the CUSTOMERS, defined by the Parties, which is necessary for the performance of
the services provided in the Main Contract. The Processor will only process this data in the name of the Company, for the purposes herein envisaged and, in any
case, following any indication given by the Company.
III. That to ensure compliance with all applicable legislation on the protection of personal data and, in particular, with Article 28 of Regulation (EU) 2016/769 of the
European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free
movement of such data (GDPR) the Parties sign this Data Processing Agreement (“DPA”) with the following:
CLAUSES
1.1. The aim of this DPA is to provide access to the Processor to personal data of the CUSTOMERS of the Company who are the destinataries of the products sold by
the PARTNER’s sell channels in order to deliver them by the MANDATARIES (the “Data Processing”).
1.2. The Processor will only collect, process and use the personal data necessary for the performance of the Data Processing, in light of the provision of the relevant
On-Demand Services and Mandatary Intermediation Services, in accordance with the Main Contract and with any indication provided by the Company
herein contained. The Processor will not process the CUSTOMERS’ personal data for any other purpose, except when otherwise agreed between the Parties.
1.3. The object, nature, scope and purpose of the Data Processing by the Processor derives from the Main Contract.
SECOND.- DURATION
2.1. This DPA will remain in force during the term of the Main Agreement signed by the Parties. Consequently, termination of the Main Contract will imply the automatic
termination of this DPA, without prejudice to any rights and duties that, given its nature and in accordance with the applicable law at the time, shall remain in
force following the termination of the Main Contract.
3.1. During the execution of the Main Contract, the Processor shall have access to the necessary personal data of the CUSTOMERS to perform the On-Demand
Services and Mandatary Intermediation Services agreed in the Main Contract.
3.2. The categories of personal data and categories of data subjects affected by the data processing to be performed by the Processor in the name and on behalf of
the latter are the following:
● Categories of personal data: name, surname, address, phone number, email address and orders history.
● Categories of data subjects: Company’s customers
4.1. The Processor and any of its employees who may have access to personal data of the Controller’s Customers shall:
i. Process this personal data only for the purposes described and agreed in this DPA.
i. Process this personal data following any instructions given by the Company. If the Processor considers that any of the instructions received from the
Company may be in breach of GDPR or any other data protection legislation applicable either to the Company or to the Processor , it shall
immediately inform the Controller to try to find a remedy to this breach.
ii. Keep, in writing, a Registry of Processing Activities of all the Data Processing undertaken on behalf of the Company, including:
1. The name and contact details of the Processor and of the persons and/or entities on behalf of which it is acting and, if applicable, the contact
details of its DPO.
3. If applicable, any international personal data transfer to a third country and/or international organization, including the identification of the
relevant country and justification of the adoption of all necessary safeguards.
4. General description of the technical and organizational security measures adopted, as per Article 30.1 GDPR.
5. Keep under its controls all personal data to which access has been given by the Company and not to disclose, transfer or, somehow, divulge
this data unless express authorization of the Company is obtained.
iii. In the case that the Processor must transfer personal data to a third country or to an international organization, in accordance with European Union
law or any other legislation applicable, it will previously inform the Company of this legal obligation unless this prior notification is prohibited by the
applicable law due on the basis of public interest.
iv. Support the Company in the performance of personal data impact assessment whenever necessary, as well as in the performance of any prior
consultation to the authorities.
v. Provide the Company with all the necessary information to evidence compliance with its obligations, as well as to perform all audits and inspections
undertaken either by the Company or by any other auditor.
5.1. The Processor is responsible for implementing the technical and organizational measures necessary to ensure a sufficient level of protection, given the specific risks
posed by the Data Processing on behalf of the Company.
ii. Ensure permanent confidentiality, integrity and availability of the systems and services for the Data Processing.
iii. Restore the availability and access to personal data in case of physical and/or technical bugs.
iv. Verify, evaluate and assess the effectiveness of the technical and organizational measures implemented in order to ensure the security of the personal
data processed.
5.2. The Processor is responsible for designing the security measures (technical and organizational) that must be implemented in the light of the risk assessment
performed prior to the Data Processing and taking into account the channels used, in order to ensure security of the personal data processed and the rights of the
data subjects affected.
6.1. In the event of disruptions, suspected breaches of data protection, suspected security incidents or other irregularities in the processing of personal data by the
Processor , persons employed by him or by third parties, the Processor shall immediately inform the Company, in writing.
6.2. The report of a breach of personal data protection shall contain all necessary information for the documentation and communication of the data breach to the
Company.
6.3. In any case, the Company is responsible for the communication to the relevant authorities of any potential security breach and/or injury, whenever this could pose
a risk to the rights and liberties of the individuals; similarly, the Company is responsible for the due communication of the injury to the data subjects affected by it.
6.4. The Company shall document any disruptions, suspected breaches of data protection, suspected security incidents or other irregularities in the processing of
personal data, including the relevant facts, its consequences and the corrective measures taken, regardless of its risk level of breach.
6.5. The Processor will not be obliged to notify the Controller in case that the disruption is unlikely to pose any risk to the rights and liberties of the individuals.
SEVENTH.- CONFIDENTIALITY
7.1. The Processor shall ensure that the authorized persons to process personal data within its organization, expressly commit in writing to confidentiality regarding the
personal data processed on behalf of the Company and to comply with all relevant security measures.
7.2. The Processor shall ensure that any person who has access to personal data by virtue of this DPA, maintains its obligation of confidentiality not only during its
term but also following its terminations.
8.1. The Company is responsible to provide the data subjects (its Customers) with all relevant information regarding the processing of their personal data, at the time
where their data is collected.
9.1. Upon the termination of the Main Contract, for whatever reason, the Processor shall return to the Company all documents, data and data storage media made
available to him.
9.2. Once returned, the Processor shall delete them and provide the Company with evidence of their deletion, unless an obligation to store personal data exists under
European Union law or the law of the respective member state of the EU in which the Processor is located.
9.3. The Processor shall be allowed to keep the data, duly blocked, for as long as liabilities may arise from its relationship with the Company.
10.1 The Controller hereby authorizes the Processor to involve subcontractors for the provision of the On-Demand Services and Mandatary Intermediation
Services services agreed in the Main Contract.
10.2 The Processor is obliged to carefully select subcontractors according to their suitability and reliability. When involving subcontractors, the Contractor must oblige
them in accordance with the provisions of this agreement and thereby ensure that the Company can exercise his rights under this agreement (in particular his
inspection and control rights) directly with respect to the subcontractors.
10.3 The Processor must ensure that the respective subcontractor guarantees an appropriate level of data protection in accordance with Art. 28 of the GDPR (e.g., by
concluding an agreement based on the EU standard data protection clauses)
10.4 The Processor declares that the physical servers offered by its subcontractors have adequate security conditions to safeguard and protect the personal data
provided by the Company, guaranteeing its integrity, availability and confidentiality.
11.1 If necessary, the Processor may transfer the personal data subject to this DPA outside the European Economic Area for the provision of logistic services agreed in
the Main Contract.
11.2 In such cases, the Processor will ensure before sending the data that such service providers are in compliance with the minimum-security standards established
by the European Commission (Art. 44 ff. of the GDPR) and that they always process the data in accordance with the Company’s instructions.
11.1 To the extent possible, the Processor will support the Company as far as commercially reasonable with suitable technical and organizational measures to fulfill his
obligations under Articles 12-23 and 32 to 36 GDPR and in accordance with the Company’s instructions and guidelines for this kind of processes.
11.2 The Processor shall not respond to the requests of the data subjects. The Company is exclusively responsible for this task.
13.1 Without prejudice to other obligations included in this DPA, the Company also has the responsibility to comply with the following obligations:
a) Provide the Processor with the data referred to in Clause 3 above, ensuring the accuracy and correctness of such data.
b) In any case, carry out a risk analysis of the processing operations to be carried out by the Processor and, where appropriate, an impact assessment related to
the protection of personal data in the event that they involve a high risk for the rights and freedoms of the individuals.
c) Carrying out the corresponding prior consultations in accordance with article 36 of the GDPR.
d) Ensuring, previously and throughout the Data Processing, compliance with GDPR and any other legislation on data protection applicable to either the Company
or the Processor .
FOURTEENTH.- LIABILITY
14.1 Either party shall defend, indemnify and hold the other party harmless and keep the other party indemnified, on demand from and against any and all actual or
alleged claims and damages incurred by the defaulting party as a result of its own breach, negligence or default or its employees’ negligence, breach or default
(including without limitation any subcontractors) unauthorized or unlawful processing, or accidental loss, disclosure, destruction or damage to any of the other
party’s data, systems or reputation.
14.2 Either party shall be liable for and shall indemnify the other party from and against all damages which the non-defaulting party may suffer consequent upon any
breach of applicable Data Protection Law.
15.1 Within the provision of On-Demand Services and Mandatary Intermediation Services to the Controller, Glovo will process the phone number and email
address of the CUSTOMERS to provide them with a link by which they will be redirected to a site of the Processor where they will be able to track the status of
the delivery of the products.
15.2 At this site, CUSTOMERS will also have the option to download the Glovo APP and convert into Glovo users.
15.3. Any personal data provided by the CUSTOMERS to Glovo during the process of creating his/her profile in the Glovo APP will be processed by the latter as a data
controller, as described in its privacy policy for users.
15.4 Additionally, the Company hereby authorizes the Processor to process personal data of Customers set forth in Clause 3 for the following purposes:
- To deliver, together with the Company’ s products, samples of products, providing it does not affect the correct delivery of the products.
- To issue and submit directly to the CUSTOMERS surveys or pools for the evaluation of the On-Demand Services and Mandatary Intermediation
Services services and samples of products provided.
15.2 The Processor will carry out these data processings as data controller of CUSTOMERS’ personal data and guarantees hereby to be in compliance with all
obligations applicable to data controllers as provided by data protection regulations.
16.1 Both Parties, waiving any jurisdiction that might otherwise apply to them, agree to submit the resolution of any disputes that may arise in connection with the
interpretation, performance or enforcement of the Data Processing Agreement to the jurisdiction of the courts of _______________________, _______.
16.2 This Data Processing Agreement shall be governed by GDPR and any other legislation on personal data protection applicable either to the Company or to the
Processor.
And, in witness whereof, the Parties hereto have signed this Data Processing Agreement in two copies, in _____________________, as of ________________________2022.