Legal notice

Publisher of the website and the service

The website available at platclair.com and the “Allergens” service are published by:

• Sergio Agustín Paredes Medina, self-employed professional under Spanish law (autónomo)
• Tax identification number: 49928719C
• Address: Calle Balmes 19, 07300 Inca, Illes Balears, España
• Email: sergioagustinparedes@gmail.com
• Website: platclair.com

The publisher is a natural person working on a self-employed basis. This is not a company. The person responsible for publication is Sergio Agustín Paredes Medina.

For any question about the service, billing or your data, write to sergioagustinparedes@gmail.com. This is the single point of contact.

Hosting

The service and the data are hosted on servers located in Europe.

What the service is

“Allergens” is online software sold by subscription to hotels and restaurants. It is used to declare the 14 allergens listed in Regulation (EU) No 1169/2011.

It works as follows:

• the establishment enters its dishes and ticks the allergens present;
• the diner reads the menu by scanning a QR code placed on the table;
• the software keeps a time-stamped record of what was displayed, which the establishment can produce during a health inspection and export as a PDF at any time.

The service is intended for professionals. It is sold in France, Spain, Germany, Italy and the United Kingdom.

What the software does not do

This is the limit of the product, and it is set out here in black and white.

The software reproduces what the establishment has entered. It does not know what is actually on the plate. It is the establishment that is answerable for the accuracy of the allergens declared, exactly as it would be for a printed menu or for an answer given orally to a diner.

The software:

• helps make sure nothing is forgotten, by flagging likely omissions;
• keeps time-stamped evidence of what was displayed and of who made the decision.

The software does not certify the composition of a dish, does not verify the truthfulness of what is entered and does not replace the food-service professional in its information and hygiene obligations. An alert raised by the software is a suggestion: it is a member of the establishment's staff who decides, and that decision is recorded.

The publisher plays no part at any point in the preparation of the dishes or in the choice of ingredients.

Intellectual property

The software belongs to the publisher

The “Allergens” software, its source code, its structure, its databases, its interfaces, its texts, its visual identity and its documentation are the exclusive property of Sergio Agustín Paredes Medina. They are protected by copyright.

The subscription grants a right to use the service for the term of the contract. It transfers no ownership right. Save with the publisher's written agreement, it is prohibited to copy, decompile, modify, resell, rent out or make available to third parties all or part of the software.

The publisher's trade marks and logos may not be reproduced without its written authorisation.

Your content remains yours

Everything the establishment enters or uploads remains its property: dish names and descriptions, allergen declarations, photographs, logo, trade name.

The publisher uses this content solely to operate the service: to display it on the public menu, to translate it, to keep it in the evidence record. It does not exploit it for any other purpose, does not resell it and does not use it for its own marketing without written agreement.

The establishment warrants that it holds the rights to what it publishes, in particular to the photographs and to its logo.

At the end of the contract, the establishment may export its evidence record as a PDF and take it away. The data is then deleted within one year.

Liability

What the publisher is responsible for

The publisher undertakes to provide the service with professional care and to correct malfunctions reported to it within a reasonable time.

It does not warrant that the service will operate without any interruption. An outage may originate with the hosting provider, a supplier or the network. Interruptions are also possible for maintenance.

What the publisher is not responsible for

The publisher is not responsible for:

• the accuracy of the allergens declared by the establishment, nor for the consequences of an erroneous, incomplete or out-of-date declaration;
• the content published by the establishment (texts, photographs, logo);
• the use made of the accounts by the establishment's staff; it is for the establishment to manage access and to withdraw the accounts of people who leave;
• interruptions attributable to the hosting provider, to suppliers or to the network;
• the consequences of a health inspection, of an administrative penalty or of a dispute with a diner, which fall within the establishment's responsibility.

Links to other sites

The service may contain links to third-party sites, in particular to Stripe's payment pages. The publisher has no control over these sites and is not responsible for their content.

Business-to-business relationship

The service is sold to hotels and restaurants in the course of their business activity. The relationship is a business-to-business (B2B) relationship. The protective rules of consumer law do not apply, including the right of withdrawal reserved for consumers.

Personal data and cookies

The details of data processing are set out in the privacy policy. Two points are worth highlighting here.

A diner who scans a QR code leaves no personal data. No account, no analytics, no advertising tracker, and no JavaScript on those pages.

There is no cookie banner, and that is a deliberate choice. The only cookies set are either strictly necessary for the operation of the management panel, or set at the visitor's explicit request when they themselves choose a language. Both categories are exempt from consent under Article 22.2 of the Spanish law on information society services and under the ePrivacy Directive. No cookie is used for advertising, and none measures audience. Displaying a banner would amount to subjecting ourselves to an obligation that does not apply here.

Governing law

This legal notice and the use of the service are governed by Spanish law.

As the publisher operates in Spain, the applicable rules include Law 34/2002 on information society services and electronic commerce, as well as the General Data Protection Regulation (EU) 2016/679 (GDPR).

As the clients are professionals, any dispute relating to the interpretation or performance of the contract falls within the jurisdiction of the competent Spanish courts, unless a mandatory provision provides otherwise.

This text is written in English for the reader's convenience. In the event of any discrepancy between language versions, the Spanish version prevails.