Terms of use and contract

We welcome you and invite you to become familiar with the contract conditions, which provide all the necessary information regarding the electronic transactions you carry out on this website.

Identification of the parties

On one hand, Wine elabels is a service offered by ARTWORK PROCESS S.L. (hereinafter, Wine elabels, wine-elabels.com, PLATFORM) with CIF B42751776, address at Masnou, 28-30, zip code 08014, Barcelona, Spain, email support@wine-elabels.com, and registered in the Mercantile Registry of Barcelona on sheet B-557421, page 138 of volume 47623, is the owner of the website wine-elabels.com. On the other hand, the company that contracts for business purposes the services we offer (hereinafter, USER, WINERIES, CLIENTS). Both parties are subject to these Contracting Conditions (hereinafter, “Conditions”) to which our Legal Notice, Privacy Policy, and Cookie Policy are added, to which we refer.

These will always be available in Spanish for consultation, archiving, or printing. The parties declare that they have the necessary legal capacity to act and contract through this website in accordance with the Conditions set forth, which they declare to understand and accept. If any clause included in these Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, with the general conditions remaining valid in all other respects, considering such provision, or the part thereof that is affected, as not included.

Wine elabels advocates for transparency and clarity in commercial transactions carried out on this website, guaranteeing a space committed to the rights of USERS, which is why we recommend that before contracting any of the services we offer on this website, you read these conditions and the terms that apply to the provision of the services offered by Wine elabels related to its main activity. These contracting conditions are available in English and Spanish and govern the relationship between Wine elabels and the CLIENTS who acquire the services at https://wine-elabels.com. You may access or download these Conditions at any time by accessing our website. Wine elabels reserves the right to modify or change these conditions at any time. If the modifications constitute a substantial change in the terms, Wine elabels will notify it by publishing an announcement on its website.

Features of the services offered

• The services provided by Wine elabels consist of:
  • Access to specific data models for the structured entry of information related to wines, flavored wines, and spirit products.
  • Facilitating the translation of mandatory consumer information data, according to EU legislation.
  • Posting data content on electronic labels for public access by visitors.
  • Generating specific QR codes linked to individual labels.
• The obligations of the PLATFORM regarding the availability of the Service are based on the commitment to do everything possible to offer the Service securely, without errors or interruptions. However, the PLATFORM and its operator do not guarantee that the availability and continuity of the Service are completely secure or free from failures, as circumstances beyond their control may occur, including, among others:
  • Unintentional failures (other than serious negligence) in the data model of the PLATFORM or associated third parties.
  • Maintenance, repair, update, or improvement procedures. *(The PLATFORM undertakes to carry out these processes, as far as possible, outside peak hours and to inform in advance, through notice on the PLATFORM, about interruptions in server access, whether its own or those of which it is aware).
  • Force majeure events or any other cause beyond the control of the PLATFORM, such as communication interruptions or failures attributable to third parties.
• The PLATFORM may temporarily suspend access or availability of the Services and/or the PLATFORM itself for Users and/or Visitors for security reasons, service improvement, or to make modifications to the Services and/or the PLATFORM, including changes to its design, functionality, or appearance.

Responsibility for the content of the data

User Responsibility

• Users assume full responsibility for all the content they publish through electronic tags, including its accuracy, legality, and compliance with applicable regulations.

Limited Scope of the Platform

The Platform does not verify, certify, or guarantee the accuracy, legality, or suitability of the content posted by Users. Consequently, the Platform will not be responsible in any case for:

• Actions or omissions of Users or Visitors.
• Information posted by Users, its accuracy, or its legal compliance.
• The correspondence between the products offered and their description on the labels.

To the extent permitted by law, the Platform will not be liable for damages or losses arising from the content of the electronic labels.

Third-party links

The Platform does not endorse or control the content or services of external websites linked by Users. The inclusion of these links does not imply approval by the Platform. Visitors and Users access such links at their sole responsibility, and the Platform is not responsible for the information, products, or damages resulting from their use.

Legal obligations of the User

Users must comply with all applicable legislation, refraining from:

• Violating the rights of third parties (including intellectual property or privacy).
• Publishing false, confidential, or defamatory information.
• Inciting discrimination, hatred, violence, or crimes.
• Endangering minors or impersonating others.

Content moderation

The Platform, as a hosting provider, may remove content that violates these conditions. However, is not obligated to verify compliance with labeling regulations, with the User being the sole responsible for any infringement.

Exceptional measures

The Platform may suspend access to accounts or specific content without prior notice if the following is detected:

• Apology for crimes against humanity, racial hatred, violence, or child pornography.
• Any other illegal material.

In such cases, the competent authorities will be notified.

User Responsibilities

Registration and truthfulness

• Provide truthful and updated data during registration (name, email, etc.).
• Ensure that all published information is objective, accurate, and complete.

Proper Use of the Platform

• Refrain from engaging in fraudulent, illegal, or contrary activities to these conditions, morals, or public order.
• Do not publish misleading or incorrect information.

Capacity and acceptance of terms

• Declare that you have the legal right and capacity to use the services.
• Accept that you are fully responsible for your actions on the Platform.

Account Security

• Keep login credentials (username and password) in strict confidentiality.
• Immediately update outdated payment data or personal information.

QR Code Printing

• Before printing the QR code, validate that the destination page is correct.
• Ensure the correct printing of the QR codes on the physical labels, guaranteeing their optimal readability for Visitors.

Subscriptions and payments

• In order to access the Services, USERS must pay the PLATFORM the price of the selected subscription.
• Each WINERY is entitled to create a single trial account with 30 FREE ELECTRONIC LABELS, valid for a period of one year. Once this period is over, the USER must select a subscription plan if they wish to continue using the services of the PLATFORM.

Tag Limits and Subscription Upgrade

Each annual subscription includes a maximum number of active tags that can be generated simultaneously. If a higher volume than allowed by the contracted plan is needed, it is possible to upgrade the subscription at any time without any loss of service:

Upgrade Procedure

• When reaching the tag limit, you can upgrade to a higher subscription in two steps.
• The system will automatically recalculate the proportional cost, only paying the difference for the remaining months until the next annual renewal.

Validity of electronic tags

The generated electronic tags will remain active as long as they are within the Platform, without a predefined time limit. This flexibility allows you to manage space according to your needs:

Conditions for permanence

• Tags do not have a scheduled expiration date (1 year, 2 years, etc.).
• They will only stop working in the following cases:
  • Manual deletion by the User.
  • Non-renewal of the subscription.

Effects of tag elimination

Immediate access suspended: Deleted tags will no longer be visible or accessible to users. Temporary data retention: The Platform will store the data of deleted tags for a reasonable period, after which they will be permanently deleted from the servers.

Payment System

Payment will be made through credit card (Visa/MasterCard), virtual card, bank transfer, or any other payment method that may be applicable on the PLATFORM.

Validity of prices and offers

The services offered on the website, and their prices, will be available for contracting as long as they are in the catalog of services displayed on said site. Users are requested to access updated versions of the website to avoid errors in prices.

Tools and programs for establishing communication

Communication with the client for support services can be done via email.

Customer Service

The customer service at Wine elabels is exclusively managed through electronic tickets, ensuring an efficient and documented follow-up of all inquiries, incidents, or requests.

• Contact Procedure:

• Creating tickets:
  • Users must submit their inquiries through the electronic form available in the “Technical Support / Tickets” section.
  • Each request will generate a ticket with a unique reference code.
• Management and response:
  • The customer service team will address requests in the order of reception and within the applicable legal deadline.
  • Responses will be sent to the email associated with the User’s account and will be recorded in the ticket system.
• Follow-up:
  • Users can check the status of their ticket at any time through their personal area on the Platform or via the link included in the confirmation email.

• Exclusions:

  • Requests made through unauthorized channels (such as social media, phone, or public comments on the Platform) will not be addressed.
  • To ensure security and privacy, inquiries containing sensitive data outside the ticket system will not be processed.

Intellectual Property

Access to the service contracted by the user does not imply on the part of Artwork Process SL (Eduard Nebot) waiver, transmission, or total or partial assignment of the rights derived from intellectual and industrial property, nor does it grant rights of use, alteration, exploitation, reproduction, distribution, or public communication of these contents without the prior and express written authorization, without prejudice to the right to view and obtain a private backup copy of such contents, provided that said right is exercised according to the principles of good faith and as long as the intellectual and industrial property of the owner of such rights remains unchanged, is used for non-commercial purposes, and exclusively for the personal information of the client. The responsibility derived from the use of materials protected by intellectual and industrial property rights contained on this website will correspond exclusively to the user or client.

Personal Data Protection

The data collected through the hiring process will be processed by Artwork Process SL., Data Controller based in Masnou, 28-30, postal code 08014, Barcelona, Spain. E-Mail: support@wine-elabels.com, with the purpose of managing and sending your order. The legal basis for this data processing is the execution of the contract for the sale of our services. Your data will be kept for the period necessary to fulfill these conditions and during the periods of prescription of legal responsibilities. We will also use your contact information to send you communications about offers and news related to the products and services of Artwork process. The legal basis for this data processing is the satisfaction of the legitimate interest of the Data Controller in retaining and keeping its customers informed. In case you do not wish to receive informative communications for the mentioned purposes, please send us an email to support@wine-elabels.com indicating that you do not wish to receive commercial communications or, you may unsubscribe through the simple and free procedure that we will indicate in each communication. In no case, your data will be transferred to third parties except legal imperative. In Artwork process there are the following systems for capturing personal information for the development of hiring and we process the information provided by interested parties for the following purpose: Hiring form: The user has different hiring forms subject to the conditions specified in our hiring conditions for each service where contact and payment data will be required. We request the following personal data: Company name, email, VAT number. We inform you that the data you provide us will be located on the servers of OVH HISPANO SL (provider of Artwork process) within the EU. You can exercise the rights listed below by sending your request in writing to the email or postal address indicated above:

• Right to access personal data: you may request information from the company about whether it is processing your data and what treatments it is carrying out.
• Right to request the rectification of your data in case they are incorrect or their deletion in case they are no longer necessary for the purpose that motivated their collection.
• Right to request the limitation of the processing of your data.
• Right to object to the processing of your data.
• Right to data portability to a new Controller.
• Right not to be subject to decisions based solely on the automated processing of your data.

If you consider that there has been any breach of your data protection rights by us, you can file a complaint with the supervisory authority, which in Spain is the Spanish Data Protection Agency (www.agpd.es). Artwork Process has access to personal data of employees and/or collaborators of the companies that use the platform and which are the responsibility of the (DATA CONTROLLER), so Artwork Process will assume the obligations of the DATA PROCESSOR, in accordance with Article 28 of the GDPR, which are outlined below: THE DATA PROCESSOR and all its personnel undertake to:

• Use the personal data subject to processing solely for the purpose of this contract. Under no circumstances may the data be used for its own purposes.
• Process the data in accordance with the instructions of the DATA CONTROLLER. If the DATA PROCESSOR believes that any of the instructions infringe the GDPR or any other data protection provisions of the Union or the Member States, the processor shall immediately inform the controller.
• Maintain a written record of all categories of processing activities carried out on behalf of the controller, which shall contain:
  • The name and contact details of the processor or processors and of each controller on whose behalf the processor is acting, and, where applicable, of the controller’s or processor’s representative and the data protection officer.
  • The categories of processing carried out on behalf of each controller.
  • Where applicable, transfers of personal data to a third country or international organization, including the identification of that third country or international organization and, in the case of transfers referred to in Article 49(1) second paragraph of the GDPR, the documentation of adequate safeguards.
  • A general description of the technical and organizational security measures it is applying.

• Do not disclose the data to third parties, unless you have the express authorization of the DATA CONTROLLER, in legally admissible cases. The DATA PROCESSOR may disclose the data to other data processors of the same CONTROLLER, in accordance with the Controller’s instructions. In this case, the CONTROLLER will identify, in advance and in writing, the entity to which the data must be disclosed, the data to be disclosed, and the security measures to be applied for the disclosure. If the PROCESSOR must transfer personal data to a third country or to an international organization, under the Union law or the applicable Member State law, it shall inform the Controller of this legal requirement in advance, unless such law prohibits it for important reasons of public interest.
• It is prohibited for the DATA PROCESSOR to subcontract all or part of the services provided under this Contract, except for those listed below:
  • Service 1: Hosting (OVH Hispano S.L.)
  • Service 2: CRM/EMAIL (Sendinblue, Mailchimp, SMTP2GO)
  • Service 3: Storage (AWS).

• These services are subcontracted to third parties adopting all mandatory security and contractual measures. In case THE DATA PROCESSOR requires the subcontracting of additional services to those indicated, it must request express authorization from THE CLIENT indicating the services to be subcontracted and the identity of the company or professional with whom the subcontracting is intended to be carried out.
• Maintain the duty of secrecy regarding personal data to which it has had access by virtue of this assignment, even after its purpose has ended.
• Ensure that authorized individuals to process personal data commit, expressly and in writing, to respect confidentiality and comply with the corresponding security measures, which must be duly communicated to them.
• Make available to the DATA CONTROLLER the documentation proving compliance with the obligation established in the previous section.
• Ensure the necessary training on personal data protection for authorized individuals to process personal data.
• Assist the DATA CONTROLLER in responding to the exercise of the rights of:
  • Access, rectification, erasure, and objection
  • Restriction of processing
  • Data portability
  • Not to be subject to automated individualized decisions (including profiling)

• When the affected individuals exercise their rights of access, rectification, erasure, and objection, restriction of processing, data portability, and to not be subject to automated individualized decisions before the DATA PROCESSOR, this must be communicated by email to the address support@wine-elabels.com. The communication must be immediate and in no case later than the next working day after receiving the request, together, if applicable, with other information that may be relevant to resolve the request.
• It is the responsibility of the controller to provide the right to information at the time of data collection.
• Notification of data security breaches. The DATA PROCESSOR will notify the DATA CONTROLLER, without undue delay, and in any case, before the maximum period of 72 hours, and through reliable written communication, of any personal data security breaches under its responsibility of which it becomes aware, along with all relevant information for documenting and communicating the incident. Notification will not be necessary when it is unlikely that such a security breach constitutes a risk to the rights and freedoms of individuals. If available, at least the following information will be provided:
  • Description of the nature of the personal data security breach, including, where possible, the categories and approximate number of affected data subjects, and the categories and approximate number of affected personal data records.
  • The name and contact details of the data protection officer or another contact point where further information can be obtained.
  • Description of the potential consequences of the personal data security breach.
  • Description of the measures taken or proposed to address the personal data security breach, including, if applicable, the measures taken to mitigate potential negative effects. If it is not possible to provide the information simultaneously, and to the extent that it is not possible, the information will be provided gradually without undue delay.

• It is the DATA CONTROLLER’s responsibility to communicate data breaches to data subjects as soon as possible, when it is likely that the breach poses a high risk to the rights and freedoms of individuals. The communication must be in clear and simple language and should, at a minimum:
  • Explain the nature of the data breach.
  • Provide the name and contact details of the data protection officer or another contact point where more information can be obtained.
  • Describe the potential consequences of the personal data breach.
  • Describe the measures taken or proposed by the DATA CONTROLLER to address the personal data breach, including, if applicable, the measures taken to mitigate potential negative effects.

• Provide the RESPONSIBLE PARTY with all necessary information to demonstrate compliance with its obligations, as well as for the conduct of audits or inspections carried out by the RESPONSIBLE PARTY or another auditor authorized by them.
• Implement the necessary technical and organizational security measures to:
  • Ensure the permanent confidentiality, integrity, availability, and resilience of the processing systems and services.
  • Restore the availability and access to personal data quickly in case of a physical or technical incident.
  • Regularly verify, assess, and evaluate the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.
  • Pseudonymize and encrypt personal data, where applicable.
• If a data protection officer is appointed, their identity and contact details shall be communicated to the RESPONSIBLE PARTY.
• Destroy or return to the RESPONSIBLE PARTY FOR PROCESSING the personal data and, if applicable, the media on which it is recorded, once the service has been completed. The return must involve the total erasure of the data stored on the computer equipment used by the processor. However, the PROCESSOR may retain a copy, with the data duly blocked, as long as liabilities may arise from the performance of the service.

Confidentiality

All information and documentation used during the hiring, development, and execution of the services that regulate the relationship between the PLATFORM and the USER is confidential. Any information received from the client, such as images, emails, texts, access data like usernames and passwords, will be treated confidentially, and it is strictly prohibited to disclose it to third parties. Information that is disclosed by agreement between the Parties, that becomes public for the same reason, that must be disclosed according to laws or a court order from a competent authority, or that is obtained by a third party not bound by any confidentiality obligation shall not be considered confidential. Both parties undertake to fulfill the duty of confidentiality indefinitely.

Disclaimer

Wine elabels reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on the website, its configuration and presentation, access conditions, contracting conditions, etc. Therefore, the user must access updated versions of the website. Each user of the platform is solely responsible for maintaining the confidentiality and security of their password and the website, and for all activities that occur on the Platform once they have access. The user agrees to immediately notify Wine elabels of any security breach on the portal. Wine elabels will not be liable for any loss resulting from the misuse or unauthorized use of the Platform. The user agrees to indemnify Wine elabels from claims, losses, expenses, damages, and costs (including direct, incidental, consequential, punitive, exemplary, and indirect damages), and reasonable attorney’s fees resulting from any breach by the user/buyer of these conditions, whether considered material or immaterial; the misuse of the Services by you or any person acting on your behalf or using your account on the Platform, or for any material or immaterial violation of any third party’s rights, title, or interests. In no event shall Wine elabels be liable for any breach of contract on your part, negligence regarding the site, the service, or any content, for any loss of profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind resulting from your misuse of the tools provided. The User acknowledges that it is technically not possible to achieve 100% availability of the Platform. However, Wine elabels will make every effort to keep the Platform available for the maximum amount of time. Wine elabels will not be liable for damages caused by service disruptions unless they are due to willful or malicious actions. Our sole responsibility will be to provide the services under the terms and conditions set forth in this hiring policy. Wine elabels shall not be liable for any consequences, damages, or harm that may arise from the misuse of the services provided.

Jurisdiction and Applicable Laws

Wine elabels and the USER shall be governed by Spanish law to settle any dispute that may arise from accessing or using this website, and submit to the Courts and Tribunals of the city of Barcelona.