WEBSITE TERMS AND CONDITIONS
Please read these terms and conditions (the “Terms”) carefully before using the Go-PopUp website.
These Terms regulate the relationship between GO POPUP & EVENTS SL (hereinafter, “Go-PopUp”) and the user (hereinafter, the “User”), with respect to their access to and use of the website www.gopopup.com (hereinafter, the “Website”).
By using this Website, the User acknowledges that they have read and agree to be bound by these Terms, including our Privacy Policy and our Cookie Policy , which are incorporated herein by reference.
1. IDENTIFICATION AND CONTACT DETAILS
1.1.Go-PopUp is a company domiciled at Carrer Aragó, 338 – 1er 2na – 08009 Barcelona (Spain) with CIF ESB75507020.
1.2.Contact details:
1.2.1.Phone: +34 936 09 87 87
1.2.2. Email: help@gopopup.com
2. PURPOSE
The purpose of this website is to provide general information about Go-PopUp and its services and products, and therefore it cannot be relied upon for any other purpose. To this end, the User is responsible for obtaining and maintaining all necessary connectivity, software and/or hardware devices, and any other elements required to use the website and any related elements.
3. ACCESS AND USE RESTRICTIONS
3.1. Access to the Website shall be limited to the purpose set forth in these Terms. Therefore, the User may not use the Website:
3.1.1.In breach of the provisions of these Terms;
3.1.2. In breach or contravention of any applicable regulations, law or rule, including the dissemination or publication of content or information that may constitute a crime or criminal offense, give rise to civil liability or violate or infringe any applicable law, regulation or code of practice, including the violation or breach of any intellectual and/or industrial property right;
3.1.3.To violate another person’s right to privacy or infringe any intellectual property right;
3.1.4.To make defamatory statements, related to pornography, of a racist or xenophobic nature, that promote hatred or incite violence or disorder;
3.1.5. In any way that may interrupt, negatively affect or inhibit the use of the Website by other Users or that may cause damage or impair the proper functioning of the Website;
3.1.6. To upload files containing viruses or similar software programs with the aim of damaging another person’s computer or system or endangering the integrity of the Web;
3.1.7. Without the written consent of Go-PopUp, to send, upload, display or disseminate or make available to third parties material that contains or is associated with spam, junk mail or any other form of unauthorized advertising or promotional material.
4. WEB CONTENT AND AVAILABILITY
Go-PopUp may modify the content of the Website at its sole discretion and without prior notice. Go-PopUp does not guarantee that the Website and its content will always be available or uninterrupted. Go-PopUp will not be liable if, for any reason, all or part of the Website is unavailable at any time or for any period. Go-PopUp may restrict access to some parts of the Website, or the entire Website, to Users.
5. SERVICES
If the User orders or requests services through the Website, the additional and specific terms and conditions governing the contracting and use of said services (hereinafter, the “Services”) will apply. Therefore, the information contained on the Website will not be considered an offer of Services. Quotes or other prices displayed on or downloaded from the Website do not constitute a binding commitment for Go-PopUp. Go-PopUp may accept or reject any request for Services at its sole discretion.
6. REQUIRED AGE
The Website is intended for Users over 18 years of age and/or with sufficient legal capacity to enter into contracts.
7.RECORDING OF THIRD-PARTY TERMS AND CONTENT
7.1. In the event that the Website contains any action, information, content, material, data, opinion, advertising, promotion, logo, or any link to any website, software, mobile application, wearable technology, or any other third-party content (collectively, the “Third-Party Content”), Go-PopUp shall not be liable for such Third-Party Content, nor for any modifications that may be made to it. Third-Party Content may contain its own terms and conditions of use, privacy policy, and/or cookie policy, which shall apply to and govern the relationship between the user of such Third-Party Content and the third party, and therefore shall not be governed in any case by these Terms.
7.2. Go-PopUp may distribute or display Third-Party Content to Users as it deems appropriate. However, Go-PopUp cannot control all Third-Party Content and, therefore, makes no representations or warranties of any kind regarding such Third-Party Content. Consequently, Go-PopUp shall not be liable under any circumstances for any damages, losses, or other harm that may be caused by or arise from the User’s use of Third-Party Content. To this effect, the use of and interaction with Third-Party Content is solely between the User and the owner of the Third-Party Content. Therefore, if the User uses or accesses Third-Party Content, they do so at their own risk and responsibility.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1. All content on this website is the intellectual or industrial property of Go-PopUp, and is duly licensed to them or they have sufficient rights to use it. This content includes, but is not limited to, text, images, graphics, icons, technology, links, and other audiovisual or sound content, as well as Go-PopUp’s graphic design and source code.
8.2. In particular, Go-PopUp owns all rights to the Go-PopUp, ShopLive and Go-Logic trademarks, and therefore their use is expressly prohibited.
8.3. To exploit, reproduce, distribute, publicly communicate or transform the contents of the Website, the User must obtain prior written authorization from Go-PopUp.
9. RESPONSIBILITY
9.1.The User acknowledges and accepts that the use of the Website is carried out at his or her own risk and responsibility, therefore Go-PopUp is not responsible for the improper or inadequate use thereof.
9.2. The User acknowledges and accepts that, while Go-PopUp makes its best efforts to ensure the technical and factual accuracy of the content and information contained on the Website, this information is merely general and for guidance purposes. In this regard, Go-PopUp cannot guarantee the truthfulness, authenticity, suitability, or accuracy of the information provided through the Website. Consequently, Go-PopUp is not responsible for decisions made by the User based on information provided through the Website, nor for any damages or losses incurred by the User or third parties as a result of actions based on information obtained from the Website.
9.3. Go-PopUp will only be liable for damages suffered by the User as a result of using the Website when such damages are caused by intentional misconduct on the part of Go-PopUp. Go-PopUp will not be liable, including but not limited to, for damages caused by (i) interruptions, computer viruses, malfunctions, interference, or omissions in the electronic system, the communications system, or the User’s computer equipment due to causes beyond Go-PopUp’s control; (ii) delays or saturations in the use of the Website caused by deficiencies or overloads in telephone lines or the Internet system, or any other electronic or communications systems; or (iii) unlawful actions by third parties unrelated to Go-PopUp.
10. MODIFICATIONS
Go-PopUp may modify, add to, or remove content from the Website at any time without prior notice. All changes will be effective upon posting and will apply to all access to and use of the Website thereafter. Users are expected to check the Website periodically to be aware of changes and the current Terms, as these are binding upon them. If a User does not agree to the modified Terms, they must discontinue their access to and use of the Website. Continued use of and access to the Website by a User following any modification of these Terms will be deemed acceptance of all modifications.
11. APPLICABLE LAW AND JURISDICTION
11.1.These Terms shall be governed by Spanish law, which shall apply to the provisions of these Terms in terms of their interpretation, validity and execution.
11.2. In case of discrepancy between the English version and any of the other language versions of these Terms, the English version shall prevail.
11.3. In the event of any disagreement or claim between the parties relating to the performance or content of these Terms, the parties shall negotiate in good faith to attempt to resolve such disagreement or claim within one month from the date on which either party formally notifies the other of the disagreement or notifies the claim
11.4. However, if the disagreement or claim is not resolved within the maximum period indicated and only in cases where the law provides the possibility for the parties to submit to a jurisdiction, Go-PopUp and the User, expressly waiving the jurisdiction that may correspond to them, submit the decision of the issue raised to the Courts and Tribunals of the city of Barcelona (Spain).
For any information, you can contact us at help@gopopup.com
GENERAL TERMS AND CONDITIONS FOR CONTRACTING CONSULTING SERVICES
1. INTRODUCTION AND PURPOSE
1.1. These general terms and conditions of contracting (hereinafter, the “General Terms”) constitute the regulatory framework for the services (hereinafter, the “Services”) provided by ANGEL SOUND SL (hereinafter, “Go-PopUp”) to its clients, as a complement to the specific terms and conditions (hereinafter, the “Specific Terms”) that must be signed for the provision of Services by Go-PopUp. Both documents, General Terms and Specific Terms, together constitute the consulting services proposal signed by the client and Go-PopUp (hereinafter, the “Proposal”).
1.2. In all matters where the Special Conditions contradict, limit or modify the provisions of these General Conditions, the provisions of the former shall apply.
1.3. Acceptance of the Special Conditions that refer to these General Conditions is equivalent to knowledge and approval of them.
1.4. The client of Go-PopUp (hereinafter, the “Client”) will be considered the natural or legal person who accepts a Service Proposal based on its General Conditions and Particular Conditions.
1.5. Hereinafter, Go-PopUp and the Client shall be referred to jointly as the “Parties” and individually and interchangeably as the “Party”.
2. LEGAL FRAMEWORK
2.1. The provision of legal services by Go-PopUp is subject to the provisions of the legal system in force in Spain at any given time.
2.2. Go-PopUp is a company specializing in marketing and sales campaigns using ephemeral spaces and carrying out project management and consulting for brands and agencies.
3. COMMUNICATIONS AND LANGUAGES
3.1.The Parties undertake to keep their communications in writing, through email, messaging or other channels that allow a record of them.
3.2. If, for reasons of urgency, the Parties decide to communicate through other means, they must leave a written record of what has been agreed for the appropriate purposes.
3.3.The Client will be solely responsible for updating their personal, contact and billing data, necessary for the correct provision of Go-PopUp Services, who will fulfill their communication obligations by sending the information to the last address provided in writing by the Client.
3.4. Communications between the Parties, as well as materials, documents, and deliverables requested by the Client, will be written in English, German, or Spanish, depending on the location where the service is provided. At the Client’s written request and BEFORE the commencement of the Services, GO-POPUP may translate these materials into another of the languages spoken by its team.
4. FORM AND CONDITIONS OF PAYMENT
4.1. The economic conditions of the contracted services will be those established in the Proposal signed by the Parties. However, these General Conditions establish the general regulatory framework for the provision of the services.
4.2.The default payment method for the Services contracted to Go-PopUp by the Client is direct debit to the account designated by him, which will require acceptance of the corresponding SEPA mandate or form at each time.
4.3. If the Parties agree to a different payment method, this must be expressly stated in the Special Conditions and accepted by Go-PopUp, who will issue its invoices in accordance with the payment method established with the Client.
4.4. Where applicable, late payment of invoices issued by Go-PopUp will accrue a penalty in favor of Go-PopUp equivalent to the result of applying the legal interest rate plus two percentage points (+2) to the amount owed. This penalty, which will be considered a penalty clause, will accrue from the day following the payment due date, without the need for any further demand from Go-PopUp.
4.5. In the event of non-payment, Go-PopUp may unilaterally suspend the provision of its Services until the date on which it receives the amount owed. Under no circumstances will Go-PopUp be liable to the Client for any damages or losses suffered by the Client as a result of the suspension or cancellation of its Services for this reason.
4.6. The contracting of certain Go-PopUp Services may entail the payment of a deposit equivalent to at least FIFTY percent (50%) of the final price. The remaining price will be invoiced by Go-PopUp and settled by the Client on a monthly basis, depending on the work performed by Go-PopUp.
4.7. The contracting of Services whose price is less than ONE THOUSAND EUROS (€1,000), of preconfigured packages of Services or of blocks of hours with a fixed price agreed by the Parties, will entail the advance payment of the price, so Go-PopUp may suspend the start of its provision until the date on which it receives said payment.
4.8. The contracting of monthly fees (also referred to as fees or retainers) will entail the direct debit of the price agreed upon by the Parties one month in advance; for example, Go-PopUp will debit the monthly fee payment during the first five (5) days of the corresponding month. Failure to make or return this payment will result in the suspension of the Services, in accordance with the provisions of this clause.
4.9. The price of the monthly fees includes the proportional distribution of the total anticipated costs associated with providing the Services, for the minimum commitment period established in the Special Conditions. Consequently, the Client may not unilaterally terminate the service before the end of the commitment period. If, after accepting the Special Conditions of the monthly fee, the Client does not wish to continue using Go-PopUp’s Services, they must continue paying the monthly fees for the remainder of the commitment period.
4.10. The Parties agree to adjust Go-PopUp’s fees and time commitment in good faith to the work requested by the Client, based on the actual needs of said work. Go-PopUp will approve the rates applicable to its Services for that year during the first fifteen days of each calendar year.
4.11. If the Client does not submit a complaint or claim regarding the content of the Services provided by Go-PopUp within TEN (10) days following the delivery date, the Services will be considered accepted for all purposes and the provision of the contracted Services will be considered terminated, effective from the delivery date. Any subsequent modification, expansion, or correction will require a separate Service Proposal and the corresponding provision of funds, if applicable.
4.12. Unless otherwise stated, the prices and rates indicated in the Special Conditions do not include taxes, fees, expenses, duties, third-party fees, or any other item unrelated to the provision of the Services described. In that case, invoices issued by Go-PopUp and payments made by the Client will be increased by the corresponding amounts.
4.13. Go-PopUp will propose to the Client the expenses necessary for the proper provision of its Services, for their approval and progress. Except in the case of an express agreement, Go-PopUp will not incur expenses on behalf of the Client if they have not been previously paid in full by the Client.
5.GO-POPUP RESPONSIBILITIES
Where applicable, Go-PopUp’s professional liability arising from the execution of work commissioned by the Client shall be limited to the amount received from the Client for the work giving rise to such liability during the twelve (12) months immediately preceding the commission. In no event shall Go-PopUp assume liability or be liable to the Client for an amount exceeding that described in the preceding paragraph.
6. PROCESSING OF PERSONAL DATA AS DATA PROCESSOR BY GO-POPUP
6.1. The purpose of this clause (“Clause”) is to regulate the relationship between Go-PopUp (hereinafter, the “Processor” or the “Processor”) and the Client (hereinafter, the “Controller” or the “Controller”), in relation to the provision of Services by Go-PopUp that involve access to personal data for which the Client is responsible.
6.2.Purpose of the processing assignment
6.2.1. In order to provide the Services effectively, the Processor may have access to personal data under the responsibility of the Controller, in particular, the following:
(a)Identifying data of the representatives of clients and/or clients of the Controller.
(b) Identifying data of representatives of suppliers of the Controller.
(c)Identifying data of partners, employees and interns of the Responsible.
6.2.2. The Data Processor, for the provision of the service, may carry out the following processing activities: storage, consultation, comparison, and communication. This list is provided as an example, without prejudice to the Data Processor’s obligation to carry out, in the specific case, additional processing of personal data under the responsibility of the Data Controller.
6.3. Obligations of the Data Controller
6.3.1. In addition to fulfilling all the obligations assigned to him/her in this Clause, the Data Controller is responsible for carrying out the following tasks:
(a)Comply with all the necessary technical and organizational measures to guarantee the security of the processing, the premises, equipment, systems, programs and the people involved in the processing of the personal data referred to, as stipulated in the regulations in force and applicable at any given time.
(b) Deliver to the Processor the data referred to in stipulation 8.1 of this Clause, as well as the instructions necessary to carry out the processing of the data as necessary to provide the Services.
(c) Respond to the rights of individuals affected by the processing, such as the rights of access, rectification, erasure and opposition, limitation of processing, data portability and no longer being subject to automated individual decisions, with the collaboration of the Processor.
(d) Where appropriate, carry out an assessment of the impact on the protection of personal data of the processing operations to be carried out by the Processor.
(e) Ensure, both before and during processing, that the Processor complies with applicable data protection regulations.
(f)Supervise the treatment, including carrying out inspections and audits.
(g) Inform the Data Controller of any changes to the personal data provided, so that it can be updated.
(h) Furthermore, the Controller guarantees that the data processed as a result of the provision of the Services has been collected and processed by the Controller in accordance with the obligations stipulated by REGULATION (EU) 2016/679 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, hereinafter referred to as the GDPR, taking into account in particular the need for a legal basis to legitimize the processing, as indicated in Article 6 of the GDPR. The Controller shall indemnify the Processor against any penalties imposed by the Processor for a breach of data protection legislation caused by the Controller’s negligence in fulfilling its obligations as data controller.
6.4. Obligations of the Data Processor
6.4.1.The Data Processor shall comply with the following stipulations during the provision of the Services:
(a)The Processor has sufficient technical capacity to fulfill the obligations arising from this Proposal.
(b) The Processor undertakes, in relation to the Services provided, to comply with the requirements of the GDPR and the rest of the regulations on the protection of personal data that may be applicable.
(c)The Processor shall maintain confidentiality and secrecy regarding the personal data to which he has access.
(d) The Data Processor shall process and use the personal data to which it has access only according to the instructions of the Data Controller and in accordance with the purposes set out in the Proposal. The Data Processor shall be considered the Data Controller if it uses the data for other purposes, discloses it, or uses it in breach of the provisions of this Clause, and shall be liable for any infringements it has personally committed.
(e)The Processor shall not communicate to third parties the data to which it has access by virtue of the Services provided, without prejudice to the provisions of clause 5.3-15.
(f) The Processor shall provide the Controller with the information necessary to demonstrate compliance with its obligations established in this Proposal.
(g) The Processor shall provide any assistance required by the Controller for the performance of audits or inspections carried out by the Controller or by another auditor authorized by the Controller. Audits may be carried out periodically, on a planned basis or on an ad hoc basis, after giving the Processor reasonable notice, during the Processor’s normal working hours.
(h) The Data Processor guarantees that the persons authorized to process personal data have expressly and in writing committed to complying with the established security measures and respecting the confidentiality of the data. Compliance with this obligation must be documented by the Data Processor and made available to the Data Controller.
(i)The Processor guarantees that the persons authorized to process personal data under his charge have the necessary training in data protection matters.
(j) The Processor shall collaborate in the fulfillment of the Controller’s obligations, and shall offer support to the Controller, where appropriate, in carrying out (i) impact assessments relating to the personal data to which it has access; (ii) prior consultations with the supervisory authority.
(k) If the Processor considers that compliance with a particular instruction from the Controller could result in a breach of data protection regulations, it shall immediately notify the Controller. In this notification, the Processor shall request the Controller to amend, withdraw, or confirm the instruction provided and may suspend compliance pending a decision by the Controller.
(l) Upon termination of the provision of the Services, the Data Processor shall delete or return the personal data to which it has had access and any existing copies, as instructed by the Data Controller. If the Data Controller requests the deletion of the data in a specific manner that is not part of the Processor’s normal activities, the costs arising from the deletion of the data in the manner indicated by the Controller shall be borne by the Data Controller.
(m)The person in charge will be obliged to delete or return:
(i) data included in files under the responsibility of the Controller, available to the Processor as a result of the provision of the Services;
(ii) data generated by the Processor during the processing of data under the responsibility of the Controller;
(iii) media on which this data is recorded.
(n)The Processor may keep a copy with the data duly blocked, for as long as responsibilities may arise from the execution of the provision of the Services.
(o) The Data Processor shall notify the Controller, without undue delay and in any event no later than 24 hours, via the email address provided by the Data Controller in the Specific Terms of the Proposal, of any suspected or confirmed data protection incident within its area of responsibility. Among other things, it shall inform the Controller of any processing that may be considered unlawful or unauthorized, any loss, destruction, or damage to data, and any incident considered a data security breach. The notification shall be accompanied by all relevant information for documenting and communicating the incident to the relevant authorities or affected parties. In this regard, it shall provide the Controller with, at a minimum, the following information:
(i) Description of the nature of the data security breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected;
(ii) Name and contact details of the data protection officer or other contact point where further information can be obtained;
(iii) Description of the possible consequences of the data security breach;
(iv) Description of the measures taken or proposed to remedy the data security breach, including, where appropriate, measures taken to mitigate possible negative effects.
(p) The Processor shall also initiate an investigation into the circumstances of the incident and shall submit a report with observations on the incident to the Controller. The Processor shall fully cooperate with the investigation carried out by the Controller, providing any assistance required by the Controller for the investigation of the incident.
(q) The Processor shall additionally assist the Controller in relation to the notification obligations in accordance with the GDPR (in particular, Articles 33 and 34 of the GDPR) and any other applicable rules, present or future, that modify or supplement such obligations.
(r) The Processor will provide the information and/or documentation requested by the Controller to respond to requests for the exercise of rights that the Controller may receive from the interested parties whose data is processed.
(s) When data subjects exercise their rights of access, rectification, erasure, and objection, as well as the right to restriction of processing, data portability, and the right not to be subject to automated individual decision-making, the Data Processor must notify the Data Processor by email to the address provided by the Client or Data Controller in the Specific Conditions. This notification must be made in a way that allows for processing within the legally established timeframes.
(t) The Data Processor may subcontract the Services, always informing the Data Controller of the processing activities to be subcontracted and clearly and unambiguously identifying the subcontractor and its contact details. The subcontractor (or “Sub-processor”), who will also be considered a Data Processor, will likewise be obliged to comply with the obligations imposed on the Data Processor and the instructions issued by the Controller, as set out in the Proposal. It is the Data Processor’s responsibility to regulate the new relationship in a contract signed by the Processor and the Sub-processor, so that the Sub-processor is subject to the same conditions (instructions, obligations, security measures, etc.) and the same formal requirements as the Processor, with regard to the proper processing of personal data and the guarantee of the rights of data subjects. In this regard, the Controller is informed that the Processor receives services from Google LLC and other recognized providers that offer cloud storage and internet communication services, which are crucial for carrying out its daily operations. These companies’ services mean they can access the data processed by the Processor from the United States. Both companies are certified under the Privacy Shield framework, which guarantees they apply the same data protection standards imposed in the European Union. A contract has been signed with these companies in which they assume the obligations of a data processor.
(u) The Processor shall maintain a written record of the categories of processing activities carried out, pursuant to this Clause, specifying:
(i)The name and contact details of the Processor and of each Controller on whose behalf the Processor acts and, where applicable, of the representative of the Controller or of the Processor and of the data protection officer;
(ii) The categories of processing carried out on behalf of each data controller;
(iii) Where applicable, transfers of personal data to a third country or international organization, the identification of said third country or international organization and documentation of adequate safeguards;
(iv) A general description of the technical and organizational security measures relating to: the pseudonymization and encryption of personal data; the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; the process for regularly testing, assessing and evaluating the effectiveness of the technical and organizational measures to ensure the security of the processing.
(v) The Processor may only carry out international transfers of personal data to which it has access, the responsibility of the Data Controller, if such transfers are duly regulated in accordance with Articles 45, 46 or 47 of the GDPR.
(w)Regarding technical and organizational security measures, the Processor shall implement all those applicable in accordance with the GDPR (in particular and without limitation, those provided for in Article 32 of the GDPR) and in any other applicable rules that modify, complement or replace it.
(x) In any case, the Manager shall implement mechanisms to:
(i) Guarantee the ongoing confidentiality, integrity, availability and resilience of treatment systems and services;
(ii) Restore the availability and access to personal data quickly, in the event of a physical or technical incident;
(iii) Regularly verify, evaluate and assess the effectiveness of the technical and organizational measures implemented to ensure the security of the processing;
(iv) Pseudonymize and encrypt personal data, where appropriate.
6.5. Responsibility
The Data Processor shall reimburse the Data Controller for any fines that may be imposed by the Spanish Data Protection Agency (“AEPD”) or any other competent authority for non-compliance with data protection regulations, if such fines result from the Data Processor’s willful or grossly negligent breach of its data protection obligations. The Data Controller shall immediately notify the Data Processor of any sanctioning proceedings initiated by the AEPD or any other authority against the Data Controller for such breaches, so that the Data Processor may assume responsibility for its legal defense in coordination with the Data Controller.
GENERAL TERMS AND CONDITIONS FOR CONTRACTING SPACE MANAGEMENT SERVICES
1. INTRODUCTION AND PURPOSE
1.1. These general terms and conditions of contract (hereinafter, the “General Terms”) constitute the regulatory framework for the space management services (hereinafter, the “Services”) provided by ANGEL SOUND SL (hereinafter, “Go-PopUp”) to its Clients, as defined below, through the website www.gopopup.com (hereinafter, the “Website”) as a complement to the specific terms and conditions (hereinafter, the “Specific Terms”), which must be signed by the Members, as defined below, for the provision of the Services by Go-PopUp. Both documents, the General Terms and the Specific Terms, together constitute the Services proposal signed by the Client and Go-PopUp (hereinafter, the “Proposal”).
1.2. In all matters where the Special Conditions contradict, limit or modify the provisions of these General Conditions, the provisions of the former shall apply.
1.3. Hereinafter, Go-PopUp and the Client shall be referred to jointly as the “Parties” and individually and interchangeably as the “Party”.
2. DEFINITIONS
2.1. For the purposes of these General Terms and Conditions of Services, the following definitions shall apply:
2.1.1. “Insurer” means the provider of insurance coverage to the Transaction agreed between an Owner and a Brand/Agency, in accordance with the conditions established by the same.
2.1.2. “Client” means any Brand/Agency and/or Owner that accepts a Proposal based on these General Conditions and the Special Conditions.
2.1.3. “Add-ons” means the offer consisting of additional value-added services, optional or mandatory, provided by the Owner of a Space and related to the transfer of the same to complement or improve the user experience and/or functionality for the Brand/Agency.
2.1.4.“Account” has the meaning established in clause 4.1.
2.1.5. “Space” means any delimited place that can be transferred between an Owner and a Brand/Agency for temporary use.
2.1.6. “Brand/Agency” means any natural or legal person who requests information about the Spaces or to participate in a Transaction.
2.1.7. “Members” means both the Brand/Agency and the Owner, who will be referred to interchangeably as Members for the purposes of these General Terms and Conditions.
2.1.8. “On-Demand Management Modality” means the management modality for reservations not generated directly by Go-PopUp that will apply when the Owner invites the Brand/Agency to formalize the reservation and management of a Space through the Web.
2.1.9. “Owner Base Price” means the net amount the Owner will receive from Go-PopUp, excluding applicable fees and taxes.
2.1.10.“Product-Solution” means the offer consisting of the transfer of a Space and a series of additional value-added services provided by Go-PopUp for a specific use of it.
2.1.11.“Owner” means the holder of the property rights or the manager of a Space with the ability to temporarily transfer its use.
2.1.12. “Insurance” means the contract for coverage of the liability of the Parties that have signed it, under the terms and conditions that may be agreed upon.
2.1.13.“Consulting Services” has the meaning set out in clause 19.
2.1.14. “Transaction” means each of the Space transfer operations signed by an Owner and a Brand/Agency who have contacted each other through the Web.
3. SERVICES
3.1. This website provides a platform that facilitates contact between the Owners and the Brand/Agency. Go-PopUp acts as a mere provider of technology services and other value-added products and services, such as, but not limited to, insurance, which will be detailed on the website.
3.2. Go-PopUp is not part of the contractual relationship between the Owner and the Brand/Agency nor does it have any ownership or usage rights over the Space.
4. REGISTRATION AND ACCOUNT
4.1. To use some of the services offered by Go-PopUp, it may be necessary to register on the Website and create a personal account as a Member (hereinafter, the “Account”) by providing identifying information and choosing a username and password. The Member acknowledges and accepts that Go-PopUp may, at any time, add and/or modify features of its programs and Services. In particular, creating an Account will be necessary to contract the publication or rental of a Space through the Website.
4.2. Go-PopUp reserves the right to refuse the registration of any Member whose membership has been revoked in the past or those who, for any reason, are considered by Go-PopUp to be unfit Members.
4.3. To maintain control of the Account, where applicable, the Member must complete all the information required on the form provided for this purpose on the Website, after carefully reading the instructions provided. By entering their data, the Member declares that all the information provided is true, complete, accurate, exhaustive, and up-to-date; should Go-PopUp have any doubts about the veracity of the information provided by the Member, it may suspend or close their Account immediately, at its discretion and without prior notice.
4.4. The Member must update and/or modify their personal information and all data associated with their payment methods –if applicable– as well as the delivery address and contact information. All transactions carried out before the personal data is updated will be based on the information provided up to that point. Go-PopUp is not liable for any losses, delays, expenses, or damages due to the Member’s failure to update their information.
5.ADDITION OF SPACES AND COMPLEMENTS
5.1. The registration of a Space and its related Add-ons on the Website can be carried out by a registered Owner or by a Go-PopUp team member, following the Owner’s instructions. In both cases, the Owner must verify the image of the Space’s listing before publishing it.
5.2.The requirements set out in clause 5.3 of these General Conditions shall apply to the Owner in relation to the delivery of information and materials associated with each Space and, eventually, its Complements.
5.3. When registering a Space, the Owner may include their own Particular Conditions, such as the obligation to contract Insurance, cleaning or any of the Complements by the Brand/Agency, in which case the conditions of the Insurance will be automatically included in the agreement for the transfer of the Space.
5.4. During the registration process for the Space and its related Add-ons, or any subsequent modifications, the Owner must itemize the Space price, separating the Owner’s Base Price from applicable taxes, and is responsible for ensuring compliance with current regulations. During the Space registration process, the Website will display the Owner’s commission for the management service and the corresponding VAT, automatically calculating the retail price, which will be published for the Brand/Agency’s information.
5.5. Once the Owner has verified the information about the Space and its related Add-ons, Go-PopUp will proceed with its publication, reserving the right to reject any listing or Space that, due to its characteristics, description, or the information provided or omitted by the Owner, may be contrary to law, regulations, customs, or these General Terms and Conditions. In particular, the Owner may not publish data or information on the Website other than that strictly requested by Go-PopUp; specifically, the Owner will refrain from publishing contact information through these fields or, for example, by publishing their business card or contact information through profile pictures or on the product page.
5.6. The offering of Add-ons by the Owner of a Space must be made explicitly by selecting the corresponding option in the Space’s information sheet and, where applicable, adding the requested descriptive information, including, but not limited to, name, description, price, minimum and maximum number of units available for purchase, the obligation to purchase, photographs and additional files; otherwise, Go-PopUp understands that the Owner authorizes Go-PopUp to offer its own complementary Services through its Product-Solution, making every effort to guarantee, in any case, compliance with the specific conditions established by the Owner for the aforementioned Space.
6. RESERVATION PROCESS
6.1. The process of booking a Space through the Web will consist of several steps, among which we highlight the following:
6.1.1. Space Search. This feature allows the Brand/Agency to obtain information about Spaces within their required date ranges. It is not necessary to be a registered Member to access the space catalog, although the website may reserve some data for registered Brands/Agencies. However, a registered Membership is required to request information about Spaces from the Owner.
6.1.2. Dialogue between Owner and Brand/Agency. Through this option, the Website will allow communication between the Owner and the Brand/Agency to detail, modify, or limit the Specific Conditions of each Space and its related Add-ons. Go-PopUp, as the provider of this functionality and creator of the Website, reserves the right to limit or monitor conversations between the Owner and the Brand/Agency to ensure the proper fulfillment of the rights and obligations of each Party.
6.1.3. Space Reservation Request. This feature allows the Brand/Agency to request the blocking of the selected Space for a limited period of time. A fee may be charged for space reservations, which will be displayed on the Website. Submitting a reservation request does not constitute booking or blocking of the Space; the request may be accepted or rejected by the Owner, depending on the availability of the venue or other circumstances that prevent the reservation from being finalized.
6.1.4. Space Reservation. This constitutes the Owner’s acceptance of the reservation under the Specific Conditions indicated by the Owner and for the period requested by the Brand/Agency. Along with the Space reservation, the Brand/Agency may select Add-ons offered by the Owner. The reservation of the Space and any Add-ons is considered a single action, resulting in a single Transaction. Therefore, all actions related to the reservation (including subsequent steps in the reservation process, such as generating the agreement, acceptance and payment, confirmation, and any after-sales service) will be carried out in aggregate. The Owner must respond to reservation requests within the timeframe established by Go-PopUp. Failure to respond within the specified timeframe will result in the request being denied, which will be communicated by Go-PopUp to the Brand/Agency.
6.1.5. Additional Services. In some cases, Go-PopUp will offer additional services as part of a specific Product/Solution. Before accepting the agreement, the Brand/Agency may select the additional services of interest using the booking form. Examples, but not limited to, include catering, background music, artistic performances, technology services, customer service staff, and others. The availability and conditions of these services may vary.
6.1.6. Agreement Generation. Once the booking request has been accepted by the Owner, the Website will display all relevant booking details for the Space rental, which will be included in the corresponding invoices. These invoices, along with these General Terms and Conditions, constitute the legally binding agreement between the Owner and the Brand/Agency regarding the Space rental. Should the Owner wish to supplement this agreement with additional documents, contracts, or specific terms, the Website will facilitate the exchange and signing of such documents.
6.1.7. Acceptance and payment. To finalize the contracting process, the Brand/Agency must accept the assignment agreement displayed on the Website, and make the payment through the virtual POS or any other payment method available at any given time.
6.1.8. Confirmation. Once the agreement has been confirmed and payment received, Go-PopUp will notify both parties, along with the legally required documentation at any given time.
7. PAYMENT BY THE BRAND/AGENCY
7.1. The economic terms of the Service will be agreed upon in the Proposal. However, this document establishes the regulatory framework for the Service. In this regard, the Brand/Agency will compensate Go-PopUp for the Services according to the following criteria:
7.1.1. The Brand/Agency will pay the full Transaction price to the Owner through the payment methods established by Go-PopUp via the Website. This price will include all items associated with the Transaction, such as, but not limited to, the price of the Space rental, the price of insurance –if applicable– and VAT and other applicable taxes.
7.1.2. Likewise, the Brand/Agency will pay Go-PopUp the price of its Services or those of its collaborators (including management costs and additional services of the Product-Solution), in accordance with the amounts that will be published on the Web in each Transaction.
7.1.3. Go-PopUp will be responsible for transferring to the Owner the price obtained by the Brand/Agency, under the conditions agreed with the same.
7.1.4. Go-PopUp will charge the Brand/Agency the price of its Services, which will be displayed on the Website during the contracting process, before its acceptance by the Brand/Agency. In any case, there will be a minimum price, excluding taxes, for each Transaction, regardless of the transaction’s price, even if it does not have a defined price or if the price is zero or lower than the minimum.
7.1.5. Go-PopUp will issue an invoice to the Brand/Agency that will include separate charges for the Owner’s Space rental, the selected Add-ons, Go-PopUp’s commission for managing said rental, and any other applicable charges, such as Insurance or additional Product-Solution services. Notwithstanding the foregoing, Go-PopUp will not be responsible for the rental of the use or the provision of the Services contracted by the Brand/Agency, which, in any case, will be the responsibility of the Owner or the collaborator, in accordance with the terms established in each case, as well as the liability associated with said provision.
7.1.6. These General Conditions and the remuneration conditions described in the previous section will not apply if the Space is located in a shopping center or the Client is an events or communication agency, in which case Go-PopUp will sign a sublease agreement
7.1.7.Go-PopUp and the Brand/Agency may consult the current pricing policy at any time at the time of contracting using the usual contact channels provided by the Website.
8. TRANSFER TO THE OWNER
8.1. The Owner will pay Go-PopUp, in consideration for the use of the Website, a variable amount that will be the result of applying a percentage to the Owner’s Base Price of the Spaces published by the Owner on the Website. The percentage to be applied to the total amount of revenue will be communicated to the Owner during the registration process.
8.2. Go-PopUp will calculate the amount to be transferred to the Owner for the use of the Space and related Add-ons contracted by the Brand/Agency and the amount to be paid by the Owner to Go-PopUp for the use of the Website for each Transaction. In the event of a refund or cancellation, Go-PopUp will process the corresponding payments within a maximum period of one calendar month.
8.3. Go-PopUp will inform the Owner of the settlement corresponding to each Transaction at the time the payment is confirmed by the Brand/Agency.
8.4. Payment by the Owner of the amount due to Go-PopUp for the use of the Website will be made by deducting the corresponding amounts from the amounts that Go-PopUp must pay to the Owner in accordance with the provisions of this article. Thus, the revenue transferred by Go-PopUp to the Owner will be the result of reducing the total revenue obtained from the Transaction by the amount corresponding to the payment for use of the Website, refunds, losses, and any other expenses incurred by Go-PopUp on behalf of the Owner in accordance with these General Terms and Conditions.
8.5. Go-PopUp will issue an invoice to the Owner in consideration for the price deducted from the payments for the Transaction for the reasons stated.
8.6. Once the Transaction is confirmed by the Brand/Agency’s payment to Go-PopUp, Go-PopUp will make the corresponding payment to the Owner in two installments:
8.6.1.50% within a maximum period of one week upon receipt of the invoice issued by the Owner to Go-PopUp,
8.6.2.the remainder within a maximum period of one week after the effective transfer of the Owner’s Space to the Brand/Agency has been completed.
8.7. Payment will be made by bank transfer to the account number that the Owner will provide to Go-PopUp for this purpose. In the event of a refund or cancellation, Go-PopUp will retain the funds until the issue is resolved.
8.8. Go-PopUp shall be entitled to the remuneration described in this clause, not only on Transactions carried out through the Website, but also on those carried out by the Brand/Agency and the Owner through any other channel, including in person, when the first contact between them or the Brand/Agency’s awareness of the Space occurred through the Website. For the purposes of this clause, it shall be considered—by way of example and not limitation—that the Brand/Agency has become aware of the Space through the Website when it has contacted the Owner after the Space’s publication on the Website or through any of the channels provided by the Website.
8.9. If, for any reason, the amount to be paid by the Owner to Go-PopUp is greater than the amount to be transferred by Go-PopUp to the Owner, the Owner must deposit the corresponding excess amount into the bank account indicated by Go-PopUp within a maximum period of five (5) days following receipt of the corresponding invoice issued by Go-PopUp.
8.10. In any case, Go-PopUp will obtain from the Owner a minimum price of twenty euros (€20) for each Transaction, regardless of the price of the transaction, even if it does not have a defined price or if the price is zero or less than the minimum.
8.11. Notwithstanding the provisions of the preceding clauses, the costs of managing reservations, as well as the Owner’s use of the Website, will be free of charge for the Owner when the On-Demand Management Option applies. This option will apply when the first contact between the Owner and the Brand/Agency has occurred through channels other than the Website and the Owner has invited the Brand/Agency to formalize the reservation of the Space through the Go-PopUp Website.
8.12. Without prejudice to the provisions of the preceding clause, the provisions contained in these General Conditions shall apply to the extent that they do not provide otherwise and/or the provisions are not incompatible with the On-Demand Management Modality.
9. CANCELLATIONS AND REFUNDS
9.1. Go-PopUp is not a party to the relationship between the Owner and the Brand/Agency, nor does it participate in the contracting or execution of the Special Conditions. Consequently, any claim, cancellation, or refund related to the Transaction must be handled according to the agreement established between the Owner and the Brand/Agency.
9.2. In order to define a standard for refunds to be made in the event of cancellation of the Space reservation by the Brand/Agency, Go-PopUp has defined three cancellation policies, from which the Owner can choose when publishing the Space on the Web:
9.2.1. FLEXIBLE: (1 day). If the Brand/Agency cancels at least 24 hours before the scheduled check-in date and time, they will receive a 100% refund of the total price less any applicable service fees and taxes. If the Brand/Agency cancels less than 24 hours before the scheduled check-in date and time, no refund will be given for the unused days or hours. If the Brand/Agency decides to vacate the space early, no refund will be given for the unused days or hours.
9.2.2. MODERATE: (7 days). If the Brand/Agency cancels at least 7 days prior to the reservation check-in date and time, 50% of the total price will be refunded, less any applicable Service fees and taxes. If the Brand/Agency cancels less than 7 days prior to the reservation check-in date and time, no refund will be given for the unused days or hours. If the Brand/Agency decides to vacate the space early, no refund will be given for the unused days or hours.
9.2.3. STRICT: (30 days). If the Brand/Agency cancels at least 30 days prior to the reservation check-in date and time, 50% of the total price will be refunded, less any applicable Service fees and taxes. If the Brand/Agency cancels less than 30 days prior to the reservation check-in date and time, no refund will be given for any unused days or hours. If the Brand/Agency decides to vacate the Space early, no refund will be given for any unused days or hours.
9.3. In the event of cancellation of the Space by the Brand/Agency according to the circumstances defined in these standard policies, Go-PopUp will carry out the corresponding procedures to facilitate the economic transactions associated with the case, within a maximum period of thirty (30) days.
9.4. Go-PopUp may establish communication channels or mechanisms to facilitate communication between the Owner and the Brand/Agency. These channels will be limited to transmitting information provided by one party to the other, to the address or contact information provided by the recipient to Go-PopUp. Under no circumstances can Go-PopUp be held responsible for the other party’s receipt of the communication or for the proper resolution of any issues or claims raised by the Owner or the Brand/Agency.
9.5. Notwithstanding the foregoing, if the Brand/Agency files a claim or cancellation through Go-PopUp (outside of the cases defined in the standard cancellation policy for the Space), Go-PopUp may retain the full amount paid by the Brand/Agency, after notifying the Owner of the issue, until the Owner provides proof of having reached an agreement with the Brand/Agency. If such proof is not provided within thirty (30) days of the date the Owner is notified, Go-PopUp may refund the amount to the Brand/Agency on behalf of the Owner, after the Owner has settled the price of its services through any available means, considering the reservation as terminated for all purposes.
9.6.If the claim or refund (outside of the cases defined in the standard cancellation policy defined for the Space) occurs after the date on which Go-PopUp has transferred the Transaction price to the Owner, Go-PopUp will not make any refund to the Brand/Agency.
9.7. Regarding the additional services included in the Product-Solution, these will normally be provided by Go-PopUp’s partner companies. Any claim relating to the provision of services by these partner companies will be channeled through Go-PopUp, which will forward it to the partners and mediate to facilitate its resolution. If a full or partial refund of the amount attributable to these services is duly justified, Go-PopUp undertakes to make it within the maximum period established by law. Under no circumstances does Go-PopUp assume responsibility for services provided by third parties.
10. RESPONSIBILITIES AND OBLIGATIONS OF THE BRAND/AGENCY
10.1. Payment of the Transaction price is one of the Brand/Agency’s main obligations; failure to comply with this obligation, or the unjustified revocation of a committed or made payment, may result in the cancellation of the account and the initiation of legal action against the Brand/Agency by Go-PopUp and the Owner.
10.2.Unless otherwise agreed with the Owner, the Brand/Agency will be solely responsible for hiring the necessary personnel for events that require it.
10.3. The Brand/Agency understands that each use of the Space may be subject to obtaining a special license, and therefore undertakes not to use the Space for any use other than that specifically contracted and agreed with the Owner.
10.4. The Brand/Agency must return the Space to the Owner in perfect working order, at least equivalent to the conditions in which they received it, including maintenance and sanitation conditions.
10.5. Go-PopUp recommends that the Brand/Agency take out the liability insurance offered by Go-PopUp, since the Brand/Agency will be solely responsible for any damage caused to the Space, including the holding of activities that reduce its market value.
10.6. The Brand/Agency and the Owner expressly exempt Go-PopUp from any liability arising from possible damages and losses caused in the Space by the Brand/Agency.
10.7. Go-PopUp is not a provider, insurer, policyholder, or owner of the insurance policy; its role is merely that of an intermediary facilitating the contracting of certain types of insurance by the Parties. The terms and conditions of the insurance policy will be those established on the website at any given time.
11. RESPONSIBILITIES AND OBLIGATIONS OF THE BRAND/AGENCY
11.1.The Owner is solely responsible for entering the information corresponding to the Space whose transfer of use is offered through the Web, as well as that corresponding to any of the Add-ons related to said Space; this information must be truthful and up-to-date, to avoid confusion and unnecessary management costs to Go-PopUp.
11.2.The Owner shall correctly break down the applicable prices between the Owner’s Base Price and the corresponding applicable taxes.
11.3. By publishing its graphic and written materials on the Web, the Owner authorizes Go-PopUp and, where necessary, grants it a non-exclusive, royalty-free, worldwide license over all published content and works for the duration of its professional relationship, so that Go-PopUp may publish said content on the Web and on any other website controlled or managed by Go-PopUp, or on any medium or website where Go-PopUp carries out promotional activities.
11.4.The Owner declares to be the holder or possess the intellectual and industrial property rights, image rights and any other rights necessary for the use and exploitation of the content in the manner described in these conditions, both on his part and on the part of Go-PopUp.
11.5.The Owner shall be liable to Go-PopUp for any claim, penalty or fine imposed on Go-PopUp as a result of an action or omission attributable to the Owner and in particular for the infringement of third-party rights as a result of the use of materials provided by the Owner.
11.6.The Owner is solely responsible for the maintenance of the Space whose transfer is offered through the Web, and for the provision of the services offered as Complements thereof, as well as the payment of taxes, supplies, expenses and fees associated with them.
11.7. In particular, the Owner is solely responsible for applying for and maintaining all necessary licenses for the use, operation, or holding of the activities declared as permitted in the Space by the Brand/Agency, as well as any licenses or permits required for the provision of services offered as Complements to the Space. The Owner and the Brand/Agency release the Brand/Agency from any liability related to the Owner’s compliance with the law regarding the Space and related Complements. If the Owner is a manager—not the owner—of the Space, they must be able to provide written proof of their status upon request from the Brand/Agency.
11.8.Go-PopUp will not verify the information provided by the Owner regarding the dimensions, authorizations, licenses and availability of the Space or its related Add-ons, unless expressly stated otherwise in the Space’s information sheet.
11.9. The Space Owner must provide the Space in perfect condition for use, including basic utilities and meeting all legal and licenses required for the intended uses. If the Space Owner offers any Complementary Services, they must strictly adhere to the description, conditions, quality standards, and permits related to the provision of these services.
11.10.The Brand/Agency and the Owner expressly authorize Go-PopUp to register and store for a period of two (2) years the communications exchanged through its systems, in order to ensure compliance with its obligations and the law.
11.11. The hiring outside the Web of a Space that the Brand/Agency had learned about through said website, provided that it is not managed by Go-PopUp, is not regulated by these General Conditions, without prejudice to the subjection of that operation to the payment of the price of the Services of Go-PopUp by the Owner, in accordance with the provisions of these General Conditions.
11.12. The Owner accepts that the contracting of the Space (or of the related Add-ons contracted in the same Transaction) with the Brands/Agencies outside the Website, when they have become aware of them through the Website, constitutes a breach of these General Conditions, unless the Owner immediately declares it to Go-PopUp and pays the price of its Services; failure to comply with this obligation, in addition to the claim for payment of the price and the corresponding interest, may lead to the suspension or immediate cancellation of the Owner’s and the Brand/Agency’s account by Go-PopUp.
11.13.The Owner shall respond to the Brand/Agency immediately after receiving a booking request; Go-PopUp may cancel these requests if the Owner does not respond to them within forty-eight (48) hours of sending the request.
11.14.The Owner will issue to the Brand/Agency the invoice corresponding to the price of the transfer of the Space, for the full price of the Transaction and with the breakdowns established by law, without deducting the price of the Go—Popup Services, which will be the subject of the corresponding invoice, issued by it.
11.15. The Owner acknowledges that the Services offered by Go-PopUp will be provided “as is,” and therefore cannot demand the implementation of special specifications or functionalities. Likewise, the Owner acknowledges that Go-PopUp does not guarantee or assure in any way a specific percentage of occupancy of the Spaces.
11.16. Upon acceptance of each booking, the Owner agrees to Go-PopUp taking out mandatory liability insurance to cover that Transaction. The Owner will be the beneficiary of this coverage, and the corresponding cost will be included in the price of Go-PopUp’s Services, in accordance with these General Terms and Conditions.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1. Go-PopUp owns all intellectual and industrial property rights to the Website, as well as all elements contained therein, including, but not limited to, texts, designs, images, audio, databases, structure, software and/or computer applications, graphic content of any kind, trademarks, logos, trade names and distinctive signs, etc. All rights reserved.
12.2. Any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication, and transformation, by any means or medium, in whole or in part, of the aforementioned works, creations, and distinctive signs is prohibited without the prior and express authorization of their respective owners. Failure to comply with this prohibition may constitute an offense punishable under current legislation.
12.3. The Client may download or copy such elements exclusively for personal use, provided that they do not infringe any of Go-PopUp’s intellectual or industrial property rights. This shall not, under any circumstances, constitute authorization or a license regarding Go-PopUp’s property rights.
12.4. The Client is not authorized to use any software that allows the determination of the Website’s architecture, the extraction of information about its use, or the discovery of identities. Likewise, the Client agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website.
13. PROTECTION OF PERSONAL DATA
13.1.Go-PopUp undertakes to comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
13.2. The personal data provided by the Client will be processed by Go-PopUp as the data controller for the following purposes and on the following legal basis:
13.2.1. To carry out and maintain the contractual relationship established by these General Terms and Conditions and/or Specific Terms and Conditions. The use and enjoyment of the Services entails the processing of the Client’s personal data, including, but not limited to: assistance and management, billing, notifications related to the provision of the Services, registration as a Member, creation of said Account and, where applicable, its blocking and/or cancellation. When processing the Client’s personal data for these purposes, the processing is based on the performance of a contract to which the Owner and/or Brand/Agency is a party by contracting the Services and accepting these General and/or Specific Terms and Conditions (Article 6.1.b) GDPR).
13.2.2. Whenever Go-PopUp has a legal basis for doing so, Go-PopUp will process the Client’s personal data to keep them informed about services, promotions, and products related to Go-PopUp’s business through our newsletter or other means provided by the Client (telephone, email, SMS, and/or messaging systems, among others) that may be of interest. This processing is based on the Client’s consent (Article 21.1 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce -LSSICE-) and/or the legal authorization provided for in Article 21.2 of the LSSICE.
13.2.3. Sending surveys related to customer satisfaction and the performance of the services offered by Go-PopUp, in order to improve the quality of its services. This processing is based on Go-PopUp’s legitimate interest (Article 6.1.f) GDPR) in improving its services. In the case of marketing surveys, data processing is based on the customer’s consent, which Go-PopUp would request from the customer at the appropriate time (Article 6.1.a) GDPR).
13.2.4. Comply with Go-PopUp’s legal obligations, including any court orders and other requirements. When Go-PopUp suspects or has evidence of an action that may constitute an unlawful act or criminal offense, Go-PopUp will communicate personal data to the relevant law enforcement agencies. The processing of the Client’s personal data for these purposes is based on compliance with Go-PopUp’s legal obligations (Article 6.1.c) GDPR).
13.2.5. To perform statistical analyses and reports to understand the performance of Go-PopUp Services, in order to improve their development and personalization. This processing is carried out to satisfy Go-PopUp’s legitimate interest, which is to manage and improve its products and Services (Article 6.1.f of the GDPR). Go-PopUp always ensures that its interests do not override the interests of the Client and fundamental rights and freedoms.
13.3. Personal data will be retained until the termination of the contractual relationship, and once this has ended, for the legally required period for compliance with legal obligations. When processing is based on the Client’s consent, personal data will be retained until the Client withdraws their consent. Go-PopUp may retain personal data for the time necessary for the exercise or defense of claims, requirements, liabilities, and legal and/or contractual obligations arising from the processing, always ensuring that the data is duly blocked.
13.4. Personal data will not be disclosed to third parties without your express consent. However, depending on the purposes for which the personal data is collected and/or processed, the following parties may have access to it, interchangeably:
13.4.1. In the use of the Services, the Website allows communication between the Owners and the Brand/Agency to detail or modify specific conditions or limitations of each Space and its Add-ons. This means that the Owner or the Brand/Agency may have access to the personal data of each party in order to provide the Services;
13.4.2. Employees and/or collaborators authorized by Go-PopUp, always subject to the applicable data protection regulations;
13.4.3. When Go-PopUp suspects that the Client has breached these General Conditions and/or the Special Conditions or any applicable regulations, or in order to prevent, detect or anticipate fraud and possible breaches of any applicable regulations, Go-PopUp will communicate the Client’s data to the various competent government authorities, security forces, relevant criminal investigation bodies, anti-money laundering and counter-terrorism financing authorities, among others;
13.4.4.In the event of a subpoena or court order, or a similar official requirement, Go-PopUp will communicate the Client’s data to those entities and/or authorities whose subpoena, request or order Go-PopUp must comply with;
13.4.5.If the Brand/Agency is interested in or has taken out Space booking cancellation insurance, personal data may be communicated to the corresponding Insurance Company.
13.4.6. Third-party service providers who process the information as data processors, with whom Go-PopUp has signed the corresponding processing agreement in accordance with data protection regulations.
13.5. The Client may exercise their rights of access, rectification, erasure, restriction of processing, data portability and objection by sending an email to help@gopopup.com or writing to ANGEL SOUND SL (carrer Santa Tecla 1 Bis Local 2ª – 08012 Barcelona – Spain). If the Client has not obtained satisfaction in the exercise of their rights, they may file a complaint with the Spanish Data Protection Agency ( www.aepd.es ).
14. PROMOTIONAL/COMMERCIAL MATERIALS
Go-PopUp will send promotional and commercial material to the Spaces for Owners to place or install in them for promotional purposes.
15. RESPONSIBILITY
15.1. The Website, the Services and all information, products and services provided or contained therein are available and developed “as is” and as available at any given time, and Go-PopUp expressly disclaims all express or implied warranties of any kind, including, but not limited to, implied warranties of accuracy, validity, reliability, availability, suitability or integrity of any information, content or data provided through the Website and, consequently, Go-PopUp shall not be liable in any event for any damages, losses, costs, damages, whether direct or indirect (including, but not limited to, lost profits, consequential damages or punitive damages), as well as any other damage that may be caused or generated as a consequence of access to and/or use of the Website and the Services, including the content thereof.
15.2. Additionally, Go-PopUp makes no guarantee that the Website or the Services, or the products or elements included therein, meet security requirements, are uninterrupted, suitable or error-free, or that the information is secure and effective.
15.3. Any material, information, or other content included by the Client through the Website, or the server that makes it possible to provide such information, is done at the Client’s sole discretion. Consequently, the Client will be solely responsible for any damage that may be caused to the computer system or any data loss that may result from downloading such material, since Go-PopUp cannot guarantee that it is free of viruses, worms, Trojans, or any other element or component that may be harmful. Additionally, the Client accepts and acknowledges that Go-PopUp will not have any liability for the deletion, or failure to store or transmit, any content or communication maintained on the Website or any of its Services.
16. GO-POPUP’S LIABILITY INSURANCE
Go-PopUp has taken out liability insurance to cover any damages suffered by the Owner in connection with the Brand/Agency’s use of the Space. The taking out of this insurance does not constitute an assumption of liability by Go-PopUp, nor does it eliminate the Brand/Agency’s liability, who will remain responsible, in any case, to the Owner, to Go-PopUp, and, where applicable, to the insurance company, for any damages caused to the Space.
17. CANCELLATION INSURANCE
17.1. Go-PopUp offers the Brand/Agency the option of purchasing Space Booking Cancellation Insurance. The purpose of this insurance coverage is to provide the Brand/Agency with legal recourse to claim damages resulting from booking cancellations by the Owner.
17.2.The resulting compensation will never exceed twice the amount paid for the space reservation after deducting the commissions.
18. OTHER INSURANCE OFFERED BY GO-POPUP
18.1.Go-PopUp offers the Brand/Agency other insurance coverages which are indicated below:
18.1.1. Contractual legal assistance insurance: The purpose of the insurance coverage is to provide the Brand/Agency with legal defense to claim damages generated when signing the contract.
18.1.2. Contingency insurance: The purpose of the insurance coverage is to cover the costs generated by external contingencies that may affect the celebration of an event.
19. OTHER SERVICES OFFERED BY GO-POPUP
Go-PopUp offers the Owner and/or the Brand/Agency the option to contract Go-PopUp’s consulting services for specific projects of the Owner and/or the Brand/Agency (hereinafter “Consulting Services”). The terms and conditions related to these Consulting Services can be found at the following link: https://www.gopopup.com/es/products/canvasconsult
20. MODIFICATIONS
20.1.Go-PopUp may modify, add or remove content from the Website or Services at any time.
20.2. If the Client does not agree with the modified General Terms and Conditions, they must stop accessing and using the Website and the Services. If the Client continues to use and/or access the Website and/or the Services, it will be understood that the Client accepts each and every one of the modifications made by GoPopUp.
21. TRANSLATIONS
The website may contain translations of content originally in another language. These translations are provided for convenience only. In case of conflict between the English version and the translated version, the English version shall prevail.
22. IDENTIFICATION AND CONTACT DETAILS
22.1.Go-PopUp is a company domiciled at Carrer Santa Tecla 1 Bis Local 2ª, CP 08012 Barcelona (Spain) with CIF B67258251.
22.2.The Client can send any request to Go-PopUp via the following email address: help@gopopup.com.
23. LIMITATION OF SERVICES
The Services are not intended for distribution or use in any country where such distribution or use would violate local law or subject Go-PopUp to any regulations of another country. Go-PopUp reserves the right to limit our Services in any country.
24.ASSIGNMENT
24.1.The Client may not assign any right or obligation provided for in these General Conditions without the prior written consent of Go-PopUp.
24.2.Unless otherwise stated, these General Conditions do not grant any rights to third parties.
25. INTEGRAL AGREEMENT AND SEPARABILITY
25.1.The General Conditions (including the Privacy Policy and the Cookies Policy) constitute the entire agreement between Go-PopUp and the Client with respect to the terms and conditions of use of the Website and the Services, and supersede any other prior agreements or understandings between the Parties relating to this matter.
25.2. If any provision of these General Terms and Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part thereof that is null or ineffective, and the General Terms and Conditions shall remain in full force and effect in all other respects, with such provision or the affected part thereof being deemed not to have been included. To this end, the General Terms and Conditions shall cease to be valid only with respect to the null or ineffective provision, and no other part or provision hereof shall be annulled, invalidated, impaired, or affected by such nullity or ineffectiveness, unless it is essential or would affect the General Terms and Conditions in their entirety.
26. WAIVER OF SHARES
The waiver or non-exercise of any Party’s rights under these General Terms and Conditions shall not be deemed a waiver or limitation of any other or future rights. Any waiver must be made in writing and expressly accepted by the Party to whom it is attributed.
27. APPLICABLE LAW AND JURISDICTION
27.1.These General Conditions (including the Privacy Policy and the Cookies Policy) and the access and use of the Website and the Services by the Client shall be governed by and construed in accordance with the Laws of Spain, waiving any other legislation that may apply.
27.2. Any dispute, controversy, conflict or claim that may arise from the interpretation or execution of the General Conditions (including the Privacy Policy and the Cookies Policy), or related directly or indirectly to the use of the Website or the Services shall be submitted to the Courts of the city of Barcelona (Spain).