LAST UPDATE: OCTOBER 03, 2023.

TERMS AND CONDITIONS OF USE OF THE GLOVO PLATFORM FOR COURIERS

As a technological intermediary platform, we care about the security and data processing of couriers using the GLOVO Platform and are committed to protecting your personal data when using our Platform. By accepting these Terms and Conditions, You acknowledge that You have read and expressly accepted our Privacy and Cookie Policies published both on the website and in the application (collectively referred to as "the Platform"), which form part of these Terms and Conditions.

In addition, we hereby inform You that we may update our Privacy and Cookie Policies from time to time directly on our website and/or application, and You, the courier, accept that the most updated versions will be applicable at all times.

Any persons who do not accept or do not agree with these Terms and Conditions, which are mandatory and binding, shall refrain from using the site and/or services, since the processing of personal data described below is necessary for the proper use of the Platform, as provided for in Article 6.1 of 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 (hereinafter referred to as the "GDPR").

1. General Conditions

These Terms and Conditions of Use of the GLOVO Platform apply to the provision of all technological services provided by GLOVO ("GLOVO", the "GLOVO Platform", or "We" as required by the context) to the country in which the service provider (the "Courier", the "User" or "You", as required by the context) must register on our Platform. GLOVO’s main activity is the development and management of a technological platform through which certain local stores (hereinafter, the "Stores") in some cities can offer their products through a mobile or web application (hereinafter, the "GLOVO Services", the "Services" or the "App"); and, incidentally, where appropriate and if requested by the end customer user (hereinafter, "the Customer User") of said Stores through the application, may act as an intermediary in the immediate delivery of the products. Its aims also include intermediation in collection and/or payment processes and the acceptance and execution of orders to make collections and receive deliveries on behalf of both Customer Users and Stores.

1.1 Additional terms may apply to certain Services. These include, but are not limited to, policies for a particular event, activity or promotion, and You will be informed of this in connection with the applicable Services. Additional terms are in addition to, and shall be deemed to be part of, the Terms and Conditions for the purposes of the applicable Services. In the event of a conflict with respect to the applicable Services, the additional terms shall prevail over these Terms and Conditions.

1.2 These Terms and Conditions and annexes constitute a single document between GLOVO and You (hereinafter, the "Parties"), and shall be read as a single unit.

1. Countries in which GLOVO Operates

2.1. Jurisdiction

These Terms and Conditions and any disputes arising therefrom shall be governed by, and construed in accordance with, the applicable law of the country in which GLOVO operates and from which You connect to the Platform.

Notwithstanding the provisions of the preceding clause, the Parties irrevocably agree that, subject to the provisions set forth below, the local courts shall have exclusive jurisdiction over any dispute that may arise.

Nothing in this clause shall restrict GLOVO’s right to bring proceedings against You in any other court of any competent jurisdiction, nor shall the commencement of proceedings in one or more jurisdictions prevent the initiation of any proceedings by GLOVO in any other jurisdiction, whether simultaneously or not, to the extent permitted by the laws of the other jurisdiction.

You hereby waive any objection to proceedings in such courts on the basis of the foregoing on the grounds of location or on the basis that the proceedings have been initiated in an inadmissible jurisdiction. Any proceedings You may initiate against GLOVO with respect to a dispute must be brought in a proper court.

2.2. Your Acceptance

In order to use the GLOVO Services, it is essential that You meet the following requirements:

(i) You must electronically accept the Special Terms and Conditions based on the country in which You will use the Platform, through the described channel that may be provided by GLOVO at the appropriate time.

(ii) You must accept these Terms and Conditions of Use.

(iii) You must accept the Privacy and Data Protection Policy provided below.

(iv) You must accept the Cookie Policy.

(v) You must accept GLOVO’s Standards of Ethics and Business Conduct for Third Parties, as well as all Policies applicable to the GLOVO Community.

(vi) You shall carry out your activity by contracting through the Platform directly or through a company specialising in logistics services (3PL), as applicable in your country, for a price to be billed fortnightly, weekly or as appropriate.

(vii) The acceptance of these Terms and Conditions and their annexes means that any Terms and Conditions of Use of the Platform that You may have previously accepted have been amended, and You state that the acceptance and entry into force of these Terms and Conditions repeals and overrides any previous versions.

The Parties acknowledge the veracity, authenticity, completeness, validity and effectiveness of these Terms and Conditions and their annexes and their terms, whether they are in electronic format and/or signed by the Parties by means of an electronic certificate or any other digital signature program to which the Parties have conferred full validity. In addition, the Parties expressly grant, authorise, accept and acknowledge as valid any form of proof of authorship of the Parties to these Terms and Conditions by means of their respective signatures with electronic certificates, even if such electronic certificates were not issued by the local authority. Any certificate shall constitute sufficient proof of the veracity, authenticity, integrity, validity and effectiveness of these Terms and Conditions and their terms and of their binding nature on the Parties.

By accessing the GLOVO Services and registering for the first time on the Platform, entering your account identification data (hereinafter, the "Account Identification Data"), You are accepting these Terms and Conditions, as well as all the Annexes included therein.

You must access your personal account (the "Account") by logging in with your chosen username and personal security code (the "Security Code"). You agree to maintain the confidentiality of your Security Code and to change it on a regular basis. Each Account is personal and unique, and You are therefore prohibited from registering or having more than one Account. In addition, the Account is non-transferable, except in those countries where this is permitted by local law.

In the event of illegitimate use or fraud, GLOVO may cancel, suspend or disable any two or more Accounts containing the same data or related data that it may have detected, always by human intervention by a GLOVO agent and allowing the Courier to file a complaint and/or claim against said decision in the event of disagreement in any case. You shall be liable, including but not limited to, under criminal liability, for all transactions carried out under your Account (either by You or by any persons acting as your substitutes), as it can only be accessed with the Security Code and they are subject to acceptance of our Terms and Conditions. You agree to notify GLOVO immediately, by appropriate and secure methods, of any fraudulent or illegitimate use of your Account, as well as of any access to it by unauthorised third parties. For the avoidance of doubt, any sale, assignment or transfer of the Account that may be considered illegal is prohibited under any circumstances, except in cases of sublease/subcontracting of your Account in accordance with the applicable local legislation.

2.3. Amendments

GLOVO may amend the Terms and Conditions and their annexes at its sole discretion and without prior notice.  

The Amendments shall take effect as soon as the updated Terms and Conditions or any amended policies or additional terms about the applicable Services are posted here by GLOVO.

If GLOVO makes important changes to the Terms and Conditions, You will be notified as appropriate in view of the circumstances, for example, by email, SMS, newsletter, notifications on the Platform, etc. You must therefore ensure You read such notices carefully.

If You do not wish to continue using the Services in accordance with the amended Terms and Conditions, You may cancel your Account.

Your continued access to, or use of, the Services after the posting of the Amendments constitutes implied, necessary and sufficient consent to be bound by the Terms and Conditions as amended.

1. The GLOVO Platform (the "Technology Services")

3.1 Service Options

You will find a description of our Technology Services options on our website, and we will explain what Services options are available to You when You create a GLOVO Account. These Terms and Conditions will be applicable to all our Technological Services if You register on the Platform as a Courier User.

Services included within the Platform Usage Fee:

• Access to the Platform allowing You to voluntarily and freely offer your delivery services, with the ability to connect at any time and freely choose the orders You want to carry out. Such access includes the possibility for You to offer your services to any of the other Users of the Platform (Customer Users, Stores, etc.), regardless of which GLOVO Group company (GLOVO and/or its subsidiaries and/or related companies) manages the Platform to which You have connected and always according to the availability of the country from which You are connecting.
• Access to insurance cover for the duration of your connection to the Platform.
• Access to a support and help service in the event of any technical issues that may arise.
• Management and intermediation in the Collection and Payments service.
• Acquisition and/or use of materials that can be requested by You.

Services included within the Activation Fee (if applicable to the country where You connect):

• Creation of the Courier's Profile to use the GLOVO Platform.
• Acquisition and/or use of materials that can be requested by You.

Services included within the Reactivation Fee (if applicable to the country where You connect):

• Reactivation of the Courier's Profile to use the GLOVO Platform, if Your Account is cancelled, disabled or deactivated for the reasons set in this Terms and Conditions and reactivated for any reason

Likewise, GLOVO may offer other Products and Services not included in the Fee, which the Courier may, as appropriate according to the legislation of each country, voluntarily acquire or contract through one of our sales channels.

3.2 Promotions

From time to time and under agreements reached with partner merchants, we may offer promotions, general promotions or a reduced GLOVO Fee ("Promotion"). GLOVO may establish whether You are eligible for a Promotion, as well as withdraw or amend the conditions of the Promotion, at any time, without prior notice and without liability, to the extent permitted by the applicable law. It is hereby stated for the record that You can freely decide to accept or reject the opportunity to benefit from the Promotion.

You hereby agree that the Promotion:

(i) must be used for the intended purposes and in a lawful manner;

(ii) may only be used in accordance with the specific terms set out by GLOVO for such Promotion;

(iii) may expire before You have used it;

(iv) GLOVO reserves the right to withhold or deduct credits or other specific characteristics or benefits that You or any other User would have obtained through the use of a Promotion if it decides or believes that the use or redemption of the Promotion has been made by error, fraudulently, illegally or in violation of the applicable terms of the Promotion or these Terms and Conditions. In any case, the process of withholding or deducting credits or other benefits shall involve human intervention by a GLOVO agent and shall allow the Courier to file a complaint and/or claim against said decision in the event of disagreement in any case.

3.3 Information

In order to prioritise your experience as a Courier through the Platform, GLOVO may offer You non-binding information panels or communications to provide You with valuable information so that You can take full advantage of the Services contracted with GLOVO. GLOVO is not responsible for the use of such information and/or any unintentional errors that may arise in relation to it.

3.4 Technical Faults

GLOVO shall not be liable for any events of force majeure, including, by way of example without limitation, power cuts or interruptions to the Internet service or the telecommunications infrastructure or decisions of local government bodies or authorities beyond its control that may affect or interrupt the availability of the Platform or the proper provision of the Services provided by GLOVO.

GLOVO may, temporarily and in accordance with the legitimate interests of its Users, restrict the availability of the GLOVO Platform or certain areas or features thereof if necessary due to limits of capacity, security or integrity of our servers, or to carry out maintenance actions to ensure the smooth or improved operation of the GLOVO Platform. From time to time, GLOVO may improve and modify the GLOVO Platform and add new Services. GLOVO will notify Users of any changes to the Platform unless they are only minor and have no material effect on the normal use of the Platform.

1. Use of GLOVO's Technological Services

4.1 Who is the Courier?

By accepting these Terms and Conditions, You also become a user of the GLOVO application. You can thus use and connect to the GLOVO Platform flexibly and at your sole discretion. You access the Platform in order to use a technology of the Platform that allows You to connect with other Platform Users, such as Stores, Customer Users, other Couriers or other Users.

If in your country, You use Glovo as: 

• An Independent Courier User: You can set your own schedules to connect to the Platform and keep your profile registered. You will act on your own behalf and interest and use your own materials to carry out the activity;
• Courier User in a logistics services company: As a part of a logistics service company that uses the Services of the Platform, You will act in accordance with the instructions of that company.

GLOVO will not direct, control or be considered to direct or control your actions or conduct within the framework of these Terms and Conditions, including with respect to the provision of its Services to other Users of the Platform.

You acknowledge that there is no obligation or relationship of exclusivity between You and GLOVO, so that You may, at your sole discretion, offer services or perform any other commercial or work activities for other parties, whether or not they are related to the industry in which GLOVO operates.

4.2 Termination of Services

Prior to the termination of the Services, the Parties agree to settle any debts, outstanding obligations or commitments previously agreed in relation thereto. 

The Parties may terminate the Services for the following reasons:

1. At their own will, at any time and without prior notice, unless the Parties agree otherwise in writing.
2. For breach of any of the obligations established in these Terms and Conditions.
3. If it becomes impossible to comply with one or more provisions of these Terms and Conditions.
4. Due to failure to comply with GLOVO's Standards of Ethics and Business Conduct for Third Parties  and/or any other GLOVO Policy applicable to all Users of the Platform.
5. For breach of the local legislation by the Courier that may constitute a breach of good faith between the Parties.
6. In any other circumstances resulting in tax, social security, financial, commercial, organisational or reputational damage to the other Party or to a third party, regardless of the amount or extent of the damage caused. 
7. For use of the GLOVO Platform for abusive or fraudulent purposes that could cause property and/or other damage to any Users of the platform.
8. In situations of force majeure, in accordance with clause 8.5 of these Terms and Conditions.
9. Obligations and Restrictions

5.1. Courier Users:

5.1.1 Your Use of GLOVO’s Technology Services:

In order to use GLOVO’s Technology Services, You must register and create a complete, up-to-date and active Account. This includes, as appropriate but without limitation, the following obligations:

1. To be properly registered so you can carry out the delivery activity for all legal, social security and tax purposes and in accordance with the local legislation in force from time to time.
2. To pay punctually for the Services agreed with the Platform.
3. To submit to GLOVO certain information, whether personal or as a service provider company, such as your name, address, mobile phone number and age (the legal age for your jurisdiction shall apply), as well as at least one valid payment method.
4. To maintain accurate, complete and up-to-date information in your Account. You shall be liable for any inaccuracies in the information provided.
5. To be responsible for all activities performed under your Account, including any carried out by third parties on your behalf, as well as for protecting the security and secrecy of your Account username and password (Security Code) at all times.  
6. You agree to comply with all applicable laws, including local, national and supranational laws and regulations, when using GLOVO’s Technology Services, and You may only use the Services for legitimate purposes.
7. You agree not to use GLOVO’s Technology Platform to cause problems, disadvantages, fraud or property damage to third parties.
8. In the event that You decide to subcontract your Courier User Account, You must do so in accordance with the local legislation, whenever this allows it, and internal processes shall be applied to adapt the operation. GLOVO will not be liable for any damage or breach that may be caused by You and/or your subcontractors. In this regard and in order to avoid abusive and/or fraudulent behaviour, GLOVO may request documentation regarding compliance by the Courier holding the GLOVO Account and its subcontractors.
9. You hereby declare that You have the legal capacity to enter into contracts and that You are of legal age in the relevant country.
10. Only goods and services that are not tacitly or expressly prohibited in the Terms and Conditions or other policies of GLOVO or by the current legislation may be included under these Terms and Conditions. For more information about prohibited products or services, please refer to our Prohibited Item Policies in these Terms and Conditions or in the General Terms and Conditions of Use applicable to Customer Users.
11. GLOVO will always prioritise your User experience as part of its Services. GLOVO may create information panels in order to include your preferences as a User of the GLOVO Platform and improve your experience on it.
12. You, as a professional and a Courier, are responsible for the provision of your services and for the risks of your business as well as, where appropriate, for the couriers subcontracted by You.
13. You undertake to verify and comply with the relevant health and safety requirements applicable to different types of goods (by way of example without limitation, those related to pharmacy, alcohol and tobacco) and hold GLOVO harmless from any liability in the event of breach thereof.
14. When transporting food, in compliance with the applicable legislation on this matter, You undertake to use suitable containers and transport methods.
15. You hereby declare that You comply with the applicable legislation in the provision of your delivery services, such as that relating to tax, labour, civil and criminal laws, laws on the transport of goods, health, safety and hygiene, and the legislation inherent in the activity, including any insurance policies that may be applicable in your region (such as mandatory vehicle insurance).

5.1.2 As GLOVO is an intermediary that connects the various Users of the Platform (Courier Users, Customer Users, Stores, etc) and is not involved in the transactions carried out between them, You shall be liable for all tax obligations and charges applicable to the provision of your services, with no liability for GLOVO for breaches in this regard, and You must inform GLOVO, if necessary for the purposes of these Terms and Conditions, of any changes or modifications to your legal, tax, labour, social security or other status. You hereby declare that you will comply at all times with the local law in your delivery services.

5.1.3 You hereby declare that You comply with GLOVO’s Standards of Ethics and Business Conduct for Third Parties (which are applicable to all Users of the platform) and that You are aware of their content and You will not violate the provisions contained therein.

5.1.4 By accepting an order, You acknowledge that such order may include a return/collection service or as indicated by the Customer User or the Store with which You have entered into the agreement.

5.1.5 Pursuant to the agreements concluded with the Customer Users, and for the purpose of avoiding fraud, Couriers and Customer Users will wait ten minutes at the time of delivery before cancelling an order.

5.1.6 You accept that the Stores and the Customer User request a delivery service with a price and quality that are in accordance with market guidelines.

5.1.7 The Courier acknowledges that, in its capacity as service provider, it is solely responsible for the result of these services, which may result in additional costs associated with cancellations, non-provision or deficient provision of the service, inability to continue or complete an order, compensation to other Users for the risk derived from their activity, etc., which shall be borne solely by You every time. According to the local legislation in force in the country from which You are connecting, such liability may also fall on the logistics services company related to You.

5.1.8 You accept that the collection and/or delivery point indicated on the Platform may vary by up to 200 metres due to system errors and/or issues associated with the information provided by other Users.

5.1.9 You acknowledge that, by accepting an order, as applicable on the basis of the local legislation of your country, You have entered into a commercial contract with the Store and the Customer User. This means that both the Store and the Customer User may cancel and/or reassign the service at any time due to dissatisfaction with it or for breach of the commitments undertaken.

5.1.10 Glovo reserves the right to take the necessary measures in case it is identified that the price per service has been altered in a fraudulent way or through the use of system bugs.

5.2. Restrictions

Without prejudice to any additional measures that may be taken, your Account may be temporarily or permanently disabled:

1. In compliance with the Code of Ethics that governs all Users of the Platform, if You use the Platform to insult, offend, threaten and/or assault Third Parties, including, among others, Customer Users, Stores, other Couriers and/or GLOVO personnel. 
2. If You violate any law or any of the provisions of the General Terms and Conditions or other policies of GLOVO.
3. If You engage in fraudulent acts or conduct.
4. If You abuse your rights on the GLOVO application, causing property and/or other damage to another User of the platform (Couriers, Customer Users and/or Stores).  
5. In the prevention of fraudulent actions, if the identity of the User of the Platform and/or its substitutes or subcontractors could not be verified and/or any information provided by You and/or your substitutes or subcontractors was incorrect.
6. According to the availability of the country and in accordance with the applicable legislation, if requested by the logistics services company related to You.
7. In order to prevent the security of all Users of the Platform in the event of a violation of the Merchandise Policy, subject to the following:

In the event that You fail to comply with any of the Terms and Conditions, GLOVO may deactivate your Account, without prejudice to any legal or other action that may apply as a result of crimes, breaches or any civil damage that may have been caused.

5.3 Income

5.3.1 Invoicing and Payments

Payment processing shall be subject to all the payment processor's terms, conditions and privacy policies, and You shall have your own individual or business account, depending on the country in question, with the payment processor. 

GLOVO shall connect and act as an intermediary in payments between Customer Users, Stores and Couriers (or the related logistics services company) through a payment processor.

You acknowledge and agree that, depending on the applicable local legislation, as well as on the way in which You connect to the Platform (directly or through a logistics services company), the services offered by You may and will have to be invoiced or re-invoiced to the Customer User and/or the Store, who will ultimately pay the price of the services offered by You.

You agree that the fee for Services to be paid by You to GLOVO includes, if authorised by You and as appropriate in accordance with the local legislation of your country and the way in which You connect to the Platform (directly or through a logistics services company), the management and intermediation of the billing for your services. In such case, these invoices shall be understood to be accepted if Glovo does not receive any communication from You within 5 days of the invoice issue date.

You acknowledge and accept your liability for any cash given to You by Customer Users and owned by Stores. You therefore agree that, as appropriate based on the way You connect to the Platform, the price for the service paid by the Store to You includes the service of collecting the cash which must be given to said Store.

5.3.2 GLOVO Payment and Fees

You agree that your use of the GLOVO Services has an associated cost for the Services or goods You receive ("Charges"). GLOVO may at its sole discretion charge a standard fee, an additional fee or an applicable adjustment for the use of the Platform and the costs of activating and, if applicable, reactivating the Profile for your Account.

The fee payable by You shall correspond to the use of the Services contracted by You through the Platform or for any products/goods that You may acquire through it. It is hereby stated for the record that both the use of the Services and the products may be temporarily or definitively suspended or disabled in the Platform, depending on the country from which you are connecting.

GLOVO reserves the right to take any judicial and extrajudicial measures it deems appropriate to obtain payment of the amounts due. 

GLOVO reserves the right to modify, change, increase or cancel the current rates at any time by notifying the Users of its Platform. In addition, GLOVO may temporarily modify the Fee, the Policy and the rates of its Services as a result of promotions or discounts. These modifications will take effect when the promotion is made public or eligible Users are notified.

All Fees for Products and/or Services contracted with GLOVO shall be charged immediately in accordance with the payment method permitted in your country and the preferred method designated in your Account and made available to the GLOVO Services. Once uploaded, GLOVO will send You a receipt by email. Payment can also be made by offsetting any invoices outstanding between the parties.

If the payment method for your primary Account is considered to have expired or to be void or unavailable for the charge, GLOVO will contact You and/or arrange other payment methods applicable to your Account.

GLOVO will use reasonable efforts to inform You of any charges that may apply.

GLOVO may remove and/or review from time to time any fees, offers and/or discounts applicable to all Users of the Platform, including You. GLOVO may apply Service fees or other fees previously advertised on the applicable social media, unless GLOVO does not apply them to your region, in which case You will not be charged.

The form of collection of the Charges will always depend on the way in which You connect with the Platform, either directly or through a logistics services company.

5.4 Security of the GLOVO Services and the Platform

5.4.1 In certain cases for the prevention of fraud, You may be required to provide proof of your identity and/or, if applicable under local law, of your substitutes or subcontractors to access or use the Services, and You agree that You may be denied access to, or the use of, the Services if You or your substitutes or subcontractors refuse to provide such proof of identity. GLOVO may also use third-party service providers for the purpose of verifying your identity or that of your substitutes or subcontractors. 

5.4.2 GLOVO may, but is not obligated to, monitor, review and/or edit your Account. GLOVO reserves the right in any event to remove or disable access to any Account for any reason or no reason, including if it believes, at its sole discretion, that your Account violates third-party rights or rights protected by the Terms and Conditions.

5.4.3 GLOVO may take such action without giving prior notice to You or any third party. The deletion or deactivation of access to your User Account shall be at GLOVO’s sole discretion, and there is no obligation to remove or disable access in relation to specific Couriers.

5.5 Limitations and Disclaimer 

5.5.1 Disclaimer

1. You agree that your sole and exclusive remedy in the event of any problems or dissatisfaction with the GLOVO Services is to uninstall any GLOVO software you may have and cease to use the GLOVO Services.
2. You agree that GLOVO shall have no obligation or liability arising out of, or in connection with, third-party applications, collaborations or the content thereof as made available through the GLOVO Services or in connection with the Platform, and that your relationship with such third-party applications shall be governed by separate terms and conditions.

5.5.2 Liability

In no event shall GLOVO, its officers, partners, employees, representatives, administrators, subsidiaries and associated entities, successors, assigns, suppliers or licensors be liable for:

1. Loss or damage (including indirect, special, incidental, punitive or exemplary damages).
2. Any: (i) loss of use; (ii) loss of data; (iii) loss of business; (iv) loss of profits; or (v) damage to devices; 
3. Breach or improper performance of the obligations contained in the Terms and Conditions or for any cause that is not reasonably foreseeable or that is beyond the reasonable control of GLOVO.

The limitation of liability and the disclaimer contained in this clause are not intended to limit liability or alter your rights as a Courier User and Customer User of the Services of the GLOVO Platform, and it cannot be excluded under the applicable law.

5.5.3 These Terms and Conditions do not create any partnership, franchise or employment relationship between GLOVO and You. You acknowledge and agree that GLOVO is not a party to any transaction and has no control over the quality, safety or legality of the services offered by You and/or the goods and services advertised by the Stores, and/or the ability of Customer Users to enter into contracts. GLOVO cannot guarantee that any of its Users will complete a transaction. GLOVO does not guarantee the veracity of any third-party advertising appearing on the website and accepts no liability for any correspondence or contracts exchanged or concluded between Users and such third parties or other Users.

5.5.4 Within the Services offered by GLOVO and as part of the service fee paid by You or your logistics services company, You may voluntarily take out personal accident and liability insurance. In the event of subcontracting or substitution of your Account, this possibility will only be available to those subcontractors or substitutes that have been previously communicated to GLOVO in accordance with clause 8.2 of these Terms and Conditions. These insurance covers do not include or replace any that may be mandatory for You or your company in accordance with the applicable legislation (such as mandatory vehicle insurance).

5.6 Reputation System

The Courier shall have a Rating associated with their profile that is easy to use and consult. This system is automatic and is updated periodically as different Users carry out transactions on the GLOVO Platform, and it is subject to the rules contained herein, of which Users are informed in this document and/or in the app and/or through the appropriate communication channels, so that they know it thoroughly and find it useful.

The system is based on objective data, numerical information and metrics provided by Users of the Platform and your customers: Customer Users and Stores.

GLOVO does not manipulate or get involved in the Reputation formation process but only consolidates objective information obtained from Customer Users and Stores, who are the recipients of your services.

GLOVO does not verify the veracity or accuracy of the comments entered by other Users and is not responsible for any statements made on the website or by other means, including email. All information provided by Users will be included on the website under the sole responsibility of the issuer.

1. Licence

6.1 Subject to You complying with these Terms and Conditions, GLOVO grants You a limited, non-exclusive, non-sublicensable (with the exception of legitimate subcontracting of your Account, if applicable, in accordance with the law and GLOVO’s Terms and Conditions), revocable and non-transferable license to: (i) access and use the applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be available in relation to the Services, in each case solely for your personal, non-commercial use. The rights not expressly granted herein are reserved by GLOVO and its licensors.

1. Intellectual Property

GLOVO respects intellectual property rights and expects You to do the same. We have established some basic rules for You to follow when using the Services, to ensure that GLOVO remains enjoyable for everyone. You must follow these rules and encourage other Users to do the same. The following are not allowed under any circumstances:

1. Reverse engineering, decompilation, disassembly, modification or creation of derivative works of the GLOVO Services.
2. Copying, redistributing, reproducing, recording, transferring, performing or displaying to the public, transmitting or making available to the public any part of the GLOVO software.
3. Selling, renting or sublicensing any part of the GLOVO Platform or any other part of our software.
4. Disclosing your password (Security Code) to any other person or using any other person's username and password (Security Code).
5. Miscellaneous

8.1 The Parties declare that they are aware of, and undertake to comply with, the legislation of each country and European legislation, if applicable, at all times throughout the relationship. 

8.2 You may not assign or transfer these Terms and Conditions, in whole or in part, without prior written notice to GLOVO in the event of subcontracting or replacement of your Account, and in accordance with the applicable law in force. You authorise GLOVO to assign or transfer these Terms and Conditions, in whole or in part, including: (i) to a subsidiary or affiliate; or (ii) to a party that has acquired the capital, company or assets of GLOVO. There is no joint venture, partnership, employment or agency relationship between You, GLOVO or any third-party provider as a result of the relationship between You and GLOVO or the use of the Services on the Platform.

8.3 These Terms and Conditions, as well as the consent given by You to the Cookie and Privacy Policies, shall also apply if GLOVO delegates or assigns the processing activities related to your personal data to another company in which GLOVO has a direct or indirect holding (i.e. any company in the GLOVO Group and its subsidiaries) and GLOVO or any of its Group companies are involved in a merger or acquisition, consolidation, change of control or corporate structure, substantial transfer of assets, reorganisation or liquidation affecting the structure of the GLOVO group. GLOVO may at its sole discretion transfer or assign the processing activities related to your personal data and/or the consent given by You to any related company or any of its affiliates.  GLOVO also informs You that, in the event of merger and acquisition with, of or by another company, your Data may be transferred to the affected or interested company and your consent can be considered given to said company, without prejudice to your right to withdraw it, in which case your relationship with Glovo and your ability to use the Platform and its Services will be automatically terminated.   

8.4 If any provision of these Terms and Conditions is deemed to be illegal, void or unapplicable, in whole or in part, under any law, such provision or part thereof shall be deemed to that extent not to form part of these Terms and Conditions, but the legality, validity and enforceability of the other provisions of these Terms and Conditions shall not be affected. In that case, the parties shall replace the illegal, void or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, an effect similar to the illegal, void or unenforceable provision or part thereof given the content and purpose of these Terms and Conditions. These Terms and Conditions constitute the entirety of the Terms and Conditions and the understanding of the parties with respect to their subject matter and supersede all prior or contemporaneous Terms and Conditions or undertakings with respect to such subject matter. In these Terms and Conditions, the words "include" and "including" mean “including but not limited to”.

8.5 Neither Party shall be liable for the timely performance and/or non-performance, in whole or in part, of any of its obligations if the failure to comply with such obligation has been caused by an event of force majeure as defined by law. Force majeure means an event beyond the control of the Parties, unforeseeable and unavoidable, not involving fault or negligence, occurring after the acceptance of these Terms and Conditions and which prevents the Parties from performing all or part of their obligations (e.g. war and natural disasters). If, within 30 (thirty) days from the date when the force majeure begin, this one does not cease, being uncertain how long it will last, each Party shall be entitled to consider these Terms and Conditions terminated in its own right, without notice, without any further formality and without the possibility of claiming damages from the other Party. In the event that the event of force majeure, by its nature, is foreseeably of prolonged duration or of such gravity as to prevent the performance of these Terms and Conditions, each Party shall be entitled to consider these Terms and Conditions terminated immediately, in its own right, without notice, without any further formality and without the possibility of claiming damages from the other Party. 

1. Data Protection Policy

When You register on our Platform as a Courier, GLOVO will process your personal data as Controller in accordance with the provisions of this clause.

Likewise, in your capacity as Courier, and in accordance with these Terms and Conditions, You will be Responsible for the Processing of the Data of Customer Users and employees of the Stores, under the conditions set forth in Annex I to these Terms and Conditions, in which case GLOVO will be acting as Processor.

Both Parties undertake to respect at all times the obligations set forth in REGULATION (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such Data and repealing Directive 95/46/EC (the "General Data Protection Regulation" or "GDPR"), as well as any other local regulations in force that may be applicable.

9.1 Identification of the Controller

The owner of the treatment is Glovoapp Ghana Limited, with adress at Impact Hub Accra F 393/4 Otswe, Osu, Accra, Ghana, with Registration number CS059890321, TIN C0060036362, a company that through its website (www.glovoapp.com) and/or mobile application offers services to the Users of its Platform. GLOVO has a Data Protection Officer, who can be contacted by email at the following address: gdpr@glovoapp.com.

9.2 Data Processed

Your data collected through the Platform and the technological tools provided to You by GLOVO will as a general rule be limited to the data necessary to properly carry out the relationship between the Parties (hereinafter, the “Data").

Notwithstanding the foregoing, it is possible that, at the time of registration or creation of an Account by You or throughout the relationship, additional Data may be requested, either through optional fields in your Account or through promotional campaigns or other actions that may be carried out by GLOVO. 

In any case, GLOVO will always make it clear by means of an asterisk or equivalent sign whether or not it is mandatory to provide the requested Data.

In the processing of your Data there may be Data that is considered sensitive, such as Data relating to accidents suffered in the pursuit of the activity, so that it can be provided to insurance companies and/or the relevant authorities. GLOVO undertakes to request this information only when it is essential for the performance of these Terms and Conditions or for compliance with a legal or administrative requirement and, if necessary, to request your consent or process the Data based on any of the legal bases provided for in the GDPR.

In line with the above, GLOVO may process the following categories of Data, without prejudice to any others that may be requested throughout the relationship:

9.3 Geolocation

By using the application provided by GLOVO for the performance of the relationship and, therefore, in order to carry out the activity, GLOVO may receive your geolocation Data if You have activated this feature directly on your mobile phone.

GLOVO will use the data obtained only in order to provide the Services to the Courier and to share it with the Customer User and the Store whose order the Courier has agreed to carry out so that the Customer User and the Store can contact the Courier if there are any issues with the order.

It is hereby expressly stated that the Courier has full freedom of decision in relation to the planned journey and/or routes chosen for the offer and provision of its services, and in no event will Glovo use such Data for control purposes.

9.4 Purpose and Legal Basis of Processing

The Data will be processed exclusively in order to comply with the relationship established and, in particular:

9.5 Metrics and Other Information relating to the Performance of the service

In relation to the Reputation system and the evaluations given by Customer Users and Stores on the service provided by Couriers, it should be taken into account that:

• No profiles or assessments of people are made: profiles and assessments only relate to the performance of the service.
• Both the Consumer and the Store can assess the quality of the service provided.
• All the metrics obtained by GLOVO always refer, in any case and exclusively, to the service provided.
• No Data relating to a Courier’s private life, personality or habits is collected.

Similarly, regarding the existence of automated decisions with legal effects for the Courier, it should be taken into account that:

• Decisions are not made based solely on the automated processing of the personal data of the Courier, but where appropriate based on an assessment of the performance of the service.
• All the parameters to be taken into account have been generated manually by Customers Users or Stores.
• All parameters and metrics used to make such decisions refer always and exclusively to the service and the performance of the Terms and Conditions, regardless of the Courier who performed it.
• No profiles are drawn up, as indicated in the previous point.
• In no event are the Party’s personal attributes or aspects of their private life taken into account.
• The results depend on previous voluntary actions of the Courier.
• In the event of error and/or disagreement between the Courier and GLOVO, the results can be corrected.
• The Courier is not prevented from exercising a right.
• The Courier is not prevented from accessing a good or service.
• The Courier is not prevented from being a party to a contract.

Based on the above, and in accordance with the provisions of the GDPR, no profiles are drawn up on the Couriers, nor are automated decisions with legal effects for the Courier made based on their data or personal characteristics: only an assessment of the service and the objective characteristics of the Courier’s ability to provide the service are taken into account.

9.6 Nature of the Provision of the Data

As a general rule, the personal data requested by GLOVO is mandatory and necessary in order to carry out the activity. The full or partial refusal by a Courier to provide the mandatory Data requested makes it impossible for GLOVO to establish the relationship for which the Data is collected.

However, as indicated above, additional Data may be requested at the time of registration or throughout the time during which You are registered, either through optional fields in the registration or in your User or Courier profile, or through promotional campaigns or other actions that may be carried out by GLOVO. 

In any case, GLOVO will always make it clear by means of an asterisk or equivalent sign whether or not it is mandatory to provide the requested Data.

9.7 Disclosures of Data and Recipients

For the provision of the Services forming the subject of these Terms and Conditions, GLOVO may disclose personal data of Couriers to other companies to process it either on its behalf (data processors) or on their own behalf (other data controllers).

Whenever GLOVO has to disclose Data to third parties, it will ensure that it has the appropriate contracts and legal bases to do so with all the guarantees required by the applicable legislation.

In accordance with the foregoing, GLOVO may require the services of other companies for, but not limited to, the following purposes:

• Advice and consultancy for the pursuit, among others, of accounting, tax, insurance, legal and technical activities;
• Maintenance and outsourced archiving of personal data;
• IT and technology infrastructure services;
• Courier and Customer User attention services;
• IT consulting and development;
• Banks, payment processors 
• Insurance 

Furthermore, during the performance of the relationship, and in order to comply with the Courier’s activity and complete the billing process, your personal identification, contact and geolocation Data may be disclosed to the establishments with which GLOVO has a commercial agreement, as well as to the Customer Users who have placed an order that the Courier has agreed to carry out.

In addition, GLOVO may disclose your personal data to other companies in the GLOVO Group, which may process it indistinctly to provide services to each other or as independent data controllers whenever it is considered necessary, for example, for administrative purposes of the GLOVO Group itself and to ensure the proper provision of the Services in all those countries in which GLOVO provides Services, or to allow the change of country of a Courier, among others. For more information about the GLOVO Group companies, You can consult the privacy and data protection policy applicable to all users of the application, which is available at www.glovoapp.com/en/legal/privacy.

The Data may also be transferred within and outside the European Union to GLOVO Group companies or to third parties in charge of the archiving and management of computer data only for purposes related to the management of the relationship between the Parties and fully in accordance with the conditions established by the applicable data protection legislation.

GLOVO hereby informs You that it has taken the necessary measures to ensure that the disclosure of your Data is carried out in compliance with the aforementioned legislation.

9.8 International Data Transfers

When choosing service providers, GLOVO may transfer Data of Couriers outside the European Economic Area. In such cases, and before sending it, GLOVO will ensure that these service providers comply with the minimum security standards established by the European Commission and that they always process the Data according to the instructions provided by GLOVO. 

GLOVO may have a contractual relationship with them under which the service providers undertake to comply with GLOVO’s instructions and apply the necessary security measures to protect the Couriers’ Data.

In any case, whenever GLOVO has to process personal Data of Couriers outside the European Economic Area, it will ensure that this is carried out with the appropriate guarantees in place in accordance with the provisions of the GDPR or any of the applicable local laws for countries outside the EU, which may include the use of standard contractual clauses approved by the European Commission, certifications of the third-party processors or any other mechanism applicable from time to time.

You may request more information about the guarantees provided by contacting GLOVO at gdpr@glovoapp.com.

9.9 Data Retention Period

GLOVO will keep the Data for the duration of the relationship between the Parties and, once it has come to an end, for as long as necessary in order to comply with the legal obligations applicable to GLOVO (for example, in terms of invoicing, identifying Data appearing on invoices may be kept for the period specific in each applicable law or regulation according to the country in question). Once the applicable legal obligations have elapsed, GLOVO may keep the necessary personal data, duly blocked or separate from the processing systems, for the legally established period for the purpose of conducting or defending any pertinent legal actions specific to each local legislation, which are specified in our Privacy Policy, which is available at https://glovoapp.com/en/legal/privacy/

In relation to the geolocation Data mentioned in Section 9.3 above, You are hereby informed that it will be automatically anonymised after thirty (30) days from the day it was collected, with the exception of the Data relating to each order’s collection and delivery point, which will be anonymised after twelve (12) months from its collection by GLOVO. Notwithstanding the foregoing, all location or geolocation information contained in documents that are necessary in order to comply with legal obligations (for example, in invoices) will be kept in such documents during their retention period.

9.10 Rights of Data Subjects

You may:

• Obtain confirmation about whether or not GLOVO holds Data of yours in its systems.
• Know the purposes of the processing and its types, the recipients and the retention period.
• Obtain the rectification or cancellation of the Data and, when applicable, the limitation of its processing.
• Object to processing.
• Where applicable, receive the Data in a structured and readable format on an automatic device and send it to another data controller.
• Lodge a complaint directly with the relevant supervisory authority.

The aforementioned rights may be exercised by sending an email to gdpr@glovoapp.com.

Furthermore, You may use the same email address gdpr@glovoapp.com to contact our Data Protection Officer for any doubt or query you may have about the processing of the personal data, as well as inform us if you consider that GLOVO has processed the Data for any purposes that are incompatible with the provisions of these Terms and Conditions or in contravention of the applicable data protection legislation. The Data Protection Officer will try to provide all the necessary information, as well as solve any problem as soon as possible. In any case, if your query is not duly dealt with by the Data Protection Officer or you are not satisfied with the result, you may inform the competent Authority.

ANNEX I

DATA PROCESSING AGREEMENT

As regulated in Clause 9 of the Terms and Conditions, You are the Controller of the data of the Customers and Stores with whom you handle orders, with GLOVO acting in such cases as the Processor on your behalf.

In order to comply fully with the provisions of Article 28 of 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 and repealing Directive 95/46/EC ("GDPR"), the Courier (hereinafter, the "RESPONSIBLE" or the "COURIER") and Glovoapp Ghana Limited (hereinafter the "PROCESSOR" or "GLOVO") formalize this Contract of Order of treatment (hereinafter "DPA") subject to the following:

CLAUSES

1. Object and Purpose of the Processing
   a) The object, nature, scope and purpose of the Data Processing by the PROCESSOR are derived from the Terms and Conditions accepted for the purpose of covering and establishing the commercial relations between the Parties (the "Main Contract"). The purpose of this Agreement is to entrust the PROCESSOR with the use of the personal data of those Customers or Stores (hereinafter, the "Users") who have placed an order through the GLOVO APP solely and exclusively for the performance of that order (the "Processing"), in order to allow the CONTROLLER to carry out its billing obligations to Users  as appropriate.
   b) The PROCESSOR may only collect, process or use the necessary data envisaged within the framework of the Main Contract and in accordance with the instructions of the CONTROLLER described in this Agreement. In no case may the PROCESSOR process personal information of Users for any purpose other than as mentioned in the previous point, without prejudice to any data that GLOVO may coincidentally process in its own name as CONTROLLER and in accordance with its own privacy policies.
2. Duration
   a) This Agreement shall remain in force for as long as the Main Contract between the Parties. As a result of the foregoing, the termination of the Main Contract shall entail the automatic termination of this Agreement, without prejudice to those rights and obligations that, in view of their nature and in accordance with the legislation applicable from time to time, must remain in force after the termination of this Agreement.
   b) For the purposes of the foregoing, taking into account the CONTROLLER’s billing obligations and, in particular, the conservation of billing information during the period established from time to time by the applicable legislation, GLOVO may retain this information for a maximum of three (3) months, during which the CONTROLLER may download or request GLOVO to return all the information processed on its behalf. After three (3) months, GLOVO shall delete all the information of the CONTROLLER, releasing the CONTROLLER from all responsibility in this regard. In any case, if the CONTROLLER requires more time, it may request it from the PROCESSOR, who shall retain it for the period agreed between the Parties.
3. Category of Personal Data and Data Subjects
   a) To carry out the Processing (management of the data of the orders handled by the CONTROLLER for the purpose of issuing the relevant invoices), the CONTROLLER entrusts the PROCESSOR with the collection and processing of the information detailed below (including both the category of data subjects and the type of data):   

☒ Identification and contact data of Users (which may include, but is not limited to, name, surname, email address, and telephone number).

☒ Data related to the order (collection point or establishment, identification and contact data of the Customer User, delivery address, geolocation data necessary to calculate the mileage, route followed, prices and conditions of performance of the service indicated by the Users).

1. Obligations of the Processor

The PROCESSOR, and all its personnel who have access to personal data of which You are CONTROLLER undertake to: 

• Use personal data only for the purpose of this data processing agreement. 
• Process personal data in accordance with the instructions given at all times by the CONTROLLER .
• If the PROCESSOR considers that any of the instructions received from the CONTROLLER infringe the GDPR or any other applicable data protection provision, the PROCESSOR shall immediately inform the CONTROLLER .
• Have a written record of the processing activities carried out on behalf of the CONTROLLER, containing the name and contact details of the PROCESSOR and the controllers on whose behalf it is acting and, where appropriate, the contact details of the Data Protection Officer, the categories of processing carried out on behalf of each controller,  transfers of personal data to third countries or international organisations, including the identification of such third countries or international organisations, and the documentation of the appropriate safeguards.
• Keep under its control and custody the personal data provided by the CONTROLLER, and not disclose, transfer, or in any other way disclose it to any third parties (including, for example without limitation, a subcontractor, external supplier, another company in the same group, a collaborator, etc.) except with express prior authorisation from the CONTROLLER, and without prejudice to the provisions of Clause 6 below.
• Support the CONTROLLER in its performance of data protection impact assessments, where appropriate, and assist it in carrying out prior consultations with the supervisory authority, where appropriate. 
• Make available to the CONTROLLER all the necessary information to demonstrate compliance with its obligations, as well as for the performance of any audits or inspections carried out by the CONTROLLER or another auditor authorised by it. [MM1]
• Ensure that the employees of its organisation who process personal data undertake to respect the confidentiality of the personal information processed on behalf of the CONTROLLER.
• Ensure that all persons who have had access to personal data under this Agreement maintain the duty of secrecy with respect thereto, even after it has come to an end.
• Provide data subjects with information regarding the processing of their data carried out within the framework of the Processing, at the time of collecting their data.
• Once the Main Contract has ended, the PROCESSOR must return to the CONTROLLER in any case all documents, data and personal information processed on behalf of the CONTROLLER in accordance with the provisions of Clause 2 b) of this Agreement. Once returned, the PROCESSOR must delete the data appearing in its virtual systems, unless there is an obligation to retain it under European Union law or the legislation of the relevant EU member state in which the PROCESSOR is located. The data must be retained blocked for as long as any liabilities may arise from its relationship with the CONTROLLER.

1. Outsourcing or Transfer of Personal Data by the Processor
   a) The CONTROLLER authorises the PROCESSOR to subcontract all those technological services that may be necessary for the maintenance and development of the PROCESSOR’s application through which the data forming the subject of the processing agreement will be processed, including outsourced storage services. 
   b) If the PROCESSOR wishes to hire other companies to carry out certain services other than those indicated above, the PROCESSOR must previously inform the CONTROLLER in writing, identifying the type of service to be subcontracted, and with the CONTROLLER having a guaranteed right to object to such subcontracting. 
   c) The CONTROLLER may request information on the subcontractors used at any time. 
   d) In any case, all sub-processors must provide sufficient guarantees to apply the appropriate technical and organisational measures to ensure that the data processing entrusted is in accordance with the provisions of the applicable data protection legislation.
   e) In the event that the CONTROLLER does not expressly object to the subcontracting of data processing, the Sub-processor – who shall also have Processor status – shall be obliged to comply with the data protection obligations established in this Agreement. It will be up to the PROCESSOR to formalise the relationship with the Sub-processor in accordance with the provisions of Article 28 of the GDPR. 
   f) If the Sub-processor fails to comply with the data protection obligations stipulated for the PROCESSOR in the Agreement, the PROCESSOR shall remain fully liable to the CONTROLLER for the fulfilment of said obligations. 
   g) In the event that the PROCESSOR transfers personal data for which the COURIER is the CONTROLLER without the CONTROLLER’s express authorisation, the latter may, immediately and automatically:

• Immediately terminate the Main Contract with the PROCESSOR and any amendments thereto.
• Initiate the legal actions it may deem appropriate in order to assert its rights.

1. International Transfers
   a) The CONTROLLER authorises the PROCESSOR to make those international transfers of data to a third country for the performance of the Processing entrusted in this Agreement as strictly necessary for the performance of Agreement, unless otherwise previously agreed in writing by the CONTROLLER. 
   b) The PROCESSOR shall keep at the CONTROLLER’s disposal all necessary supporting documentation that demonstrates the provision of sufficient guarantees to ensure an adequate level of protection of the Users’ personal data in accordance with the provisions of Articles 44 and following of the GDPR.
2. Security of Personal Data and Notifications of Breaches
   a) The PROCESSOR shall take appropriate technical and organisational measures to ensure a level appropriate to the risks presented by the data processing entrusted by the CONTROLLER. 
   b) Among other measures, the PROCESSOR undertakes to:

• Pseudonymise and encrypt personal data, when necessary.
• Guarantee the permanent confidentiality, integrity, availability and resilience of the processing systems and services.
• Restore availability and access to personal data quickly in the event of a physical or technical issue.
• Verify, evaluate and assess on a regular basis the effectiveness of the technical and organisational measures implemented to guarantee the security of the personal data subject to processing.
• Implement the security measures (technical and organisational) that may be applicable, taking into account the means used, to guarantee the security of the personal information processed and data subjects’ rights.
• Notify the CONTROLLER, without undue delay, of any security breaches in relation to the personal data processed at its own expense and on the latter’s behalf taking place by reason of the Processing. The notification must contain the information that is necessary for the documentation and communication of the incident by the CONTROLLER. The PROCESSOR shall provide the CONTROLLER with at least the following information relating to the security breach: description of the nature of the breach, the categories and approximate number of data subjects concerned, the categories and approximate number of personal data records concerned, the name and contact details of the Data Protection Officer (if appointed) or of another contact where further information can be obtained,  the possible consequences of the security breach in relation to the personal data, and the measures taken or proposed to remedy the breach. If it is not possible to provide the information at that time, the above-mentioned information shall be provided gradually without undue delay. The notification by the PROCESSOR to the CONTROLLER will not be necessary if the security breach is unlikely to pose a risk to the rights and freedoms of natural persons.

1. Data Subjects’ Rights
   a) The PROCESSOR shall assist the CONTROLLER so that it can comply with its obligation to respond to requests to exercise the rights of data subjects (access, rectification, deletion, objection, limitation of processing, portability of data and, where appropriate, the right not to be the subject of automated individual decisions, including profiling).
   b) In the event of exercise of any rights by data subjects before the PROCESSOR, the CONTROLLER authorises GLOVO to manage the response directly with the data subject, in accordance with the obligations imposed by the GDPR or any applicable legislation regarding response form and time. In addition, the PROCESSOR shall keep at the CONTROLLER’s disposal a record of the requests for the exercise of rights received by it, as well as evidence of the responses sent by it. [MM2]
2. Liability
   a) The PROCESSOR shall defend, indemnify and release the CONTROLLER from liability and hold it harmless in relation to any claims and actual damage suffered by the CONTROLLER as a result of unlawful or unauthorised processing, accidental loss, disclosure, destruction or damage to any of the personal data processed by the PROCESSOR, provided that it is reliably proven that the PROCESSOR is solely liable for such damage. 
3. Jurisdiction and Applicable Law
   a) The Parties, expressly waiving the jurisdiction that corresponds to them, expressly undertake for any divergence, controversy or conflict that arises between them as a result of the validity, interpretation and/or application of this Contract, to the Courts and Tribunals of the city of Accra, Ghana.
   b) This Agreement shall be governed by, and interpreted in accordance with, the GDPR and any other local provision or legislation on data protection applicable to both the CONTROLLER and the PROCESSOR. 

The Parties expressly agree to this Data Processing Agreement, which they execute and sign online, using digital/electronic signatures or through the acceptance of these Terms and Conditions.