Terms & Conditions - Mindful by Sodexo

INTRODUCTION

Sodexo Limited provides this Website (Site) for the benefit of its employees, affiliates and their licensees with whom Sodexo Limited has either an employee/employer relationship or a commercial relationship.

Sodexo Limited is a limited liability company incorporated in England with company number 842846 (“Sodexo” or “We” or “Us”). Our registered address is at One Southampton Row, Holborn, London, WC1B 5HA. Our VAT number is GB 561 2290 61

You may contact us by mail or email at foodplatformservices.UKandIE@sodexo.com

This Site is provided for your use, subject to these Terms and Conditions of Use and all applicable laws and regulations. Please read these Terms and Conditions of Use carefully. By accessing and/or using the Site, you are fully and unconditionally accepting and agreeing to be bound by the Terms and Conditions of Use. If you do not agree to them, please do not visit or use the Site.

Sodexo reserves the right to revise these Terms of Use, so please check this page from time to time for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

USE OF THE SITE

Sodexo maintains the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Sodexo. Without limiting the foregoing, you may not:

use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content
interfere with others’ use of the Site
impair the Site’s operation or interfere with or disrupt the servers or networks connected to it
interfere with any of the intellectual property rights in any content contained within the Site
frame or otherwise co-brand the Site or any of its content
deep-link to any portion of the Site
use the Site for any illegal purpose

Sodexo reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We reserve our rights to inform your Internet service provider of your activities and take appropriate legal action against you.

SITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

PRIVACY POLICY

Sodexo takes your privacy very seriously. Any information submitted to or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions of Use.

LINKS WE PROVIDE TO OTHER SITES

The Site may include links to third party websites. Sodexo does not control and is not responsible for the content or privacy policies of any linked website, and the inclusion of any link on the Site does not imply our endorsement of it.

LINKING TO OUR SITE

Unless Sodexo has otherwise agreed in writing with you, you agree to adhere to the following conditions when you link to the Site:

any link to the Site must be a text only link clearly marked “Sodexo Mindful Website”
the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Sodexo’s trade marks, service marks or other material protected by any intellectual property law. In particular no website containing controversial, pornographic or racist content will be authorised to link to the Site.
the link must point to the URL home page (index, main, or other) and not to other pages within the Site
the appearance, position and other attributes of the link must not create any appearance or suggestion that your organisation or entity is sponsored by, affiliated with, or associated with Sodexo
when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website
Sodexo reserves the right to revoke its consent to the link at any time and in its sole discretion.

INTELLECTUAL PROPERTY

‘Sodexo”, “Mindful by Sodexo”, ‘Sodexo Quality of Life Services’ and the Sodexo and Mindful by Sodexo word marks and brand logos are included in the extensive family of trade marks and service marks owned by Sodexo. Trade marks and service marks designated with the ® symbol are registered with an appropriate trade mark authority which may be located outside of the UK. Other trademarks and service marks belonging to Sodexo may be designated with the “TM” symbol. You may not use Sodexo’s trade marks or service marks without our prior written permission.

All text, graphics, sound, downloads, software and other material, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site (the “Content”) are protected by various intellectual property laws and either belong to or are licenced by Sodexo.

You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trade mark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission.

The Site may also contain content that is owned by third parties which you may use only as expressly authorised by the applicable third party owner. Please submit any request to reprint or otherwise use the Content to foodplatformservices.UKandIE@sodexo.com. Please note that such third party content not owned by Sodexo but which appears on the Site, is the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by Sodexo.

Sodexo does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that materials posted on the Site violate your intellectual property rights, please contact us at foodplatformservices.UKandIE@sodexo.com . Please include the following details:

your address, telephone number and e-mail address
a description of the copyright protected work, trade mark, or other protected material that you believe has been infringed
a description of the location of the material on the Site
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright, trade mark or other proprietary interest
confirmation that you are either the owner or legal licensee or are authorised to act on the owner’s behalf in respect of the material you claim to have been infringed

USE OF INFORMATION SUBMITTED

You agree that Sodexo is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

LIMITATION OF LIABILITY

The Internet is an unreliable medium and consequently, you accept that this Site is offered on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Whilst Sodexo takes all reasonable steps to ensure that the Site functions properly at all times, Sodexo does not warrant that provision of the Site will be uninterrupted, timely, secure, error-free, that defects will be corrected, or that the Site or the server that makes it available are free of software viruses or bugs or other defects.

Sodexo has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Site and its content. Sodexo will not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Site and its contents.

Nothing in these Terms and Conditions of Use excludes or limits Sodexo’s liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for breach of any implied warranties that cannot be excluded by law. By accepting these Terms and Conditions of Use, you accept that Sodexo cannot be liable to you for any loss or damage you suffer as a result of visiting this Site or making use of its content. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

Some jurisdictions do not allow the exclusion of certain damages which means that the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

INDEMNITY

You agree to indemnify and hold Sodexo and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable legal fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

GOVERNING LAW AND DISPUTES

These Terms and Conditions of Use are governed by the law of England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these Terms and Conditions of Use and by using this Site you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually.

The Site is not intended for use of access by any person in any jurisdiction other than England and Wales. Anyone who chooses to use or access the Site from other jurisdictions do so at their own risk and are responsible for compliance with their local laws, to the extent that they are applicable.

GENERAL

If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Sodexo’s failure to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of that or any other provision. These Terms and Conditions of Use set out the entire agreement between you and Sodexo in connection with your use of the Site.

PRIVACY POLICY

This policy was last updated in March 2017.

Sodexo Limited (“Sodexo”, ”we”, ”us”) is committed to meeting the requirements of all relevant laws and codes including the Data Protection Act 1998 and is registered with the Information Commission under registration ZXXXXXX as a Data Controller.

This privacy policy (“Privacy Policy”) (together with our Terms and Conditions of Use) sets out the way in which any personal information we collect from you, or which you provide to us, via the Sodexo Mindful Website at sodexo.loc (the “Site”) or any mobile application will be processed by us. By using the Site or any mobile application, you consent to the collection, use and disclosure of your personal information as described in this Privacy Policy.

If you have questions or complaints regarding our privacy policy or practices, please contact us at foodplatformservices.UKandIE@sodexo.com

Information Sodexo collects about you

You may provide us with certain information in your interactions with the Site. When you are asked to provide personal information, you may decline, however if you choose not to provide the information, you may not be able to use some of the features or services offered on the Site. The personal information that we may collect includes:

your name, email address and telephone number
information that you provide regarding your marketing preferences including in the course of participating in surveys
information that you submit about other people, for example in asking us to send a link to an article or service provided on the Site to a friend or colleague
photographs that you submit of you through any camera features available from time to time

In certain areas of our sites, we provide you with the ability to enter your friend’s name and contact information in order for us to send your friend a one-off email inviting him or her to visit the Site. You must have obtained the consent of your friends before submitting their details. The information that you provide will not be used for any further marketing purpose unless we obtain consent from them. When you use any ‘send to a friend ‘functionality on the Site, your name and email address may be included in the communication we send to your friend.

What do we do with the information you provide?

We use the information that you provide to us for the following purposes:

to respond to your questions and contact you when necessary
to provide you with discounts, offers, opportunities and services that may be of interest to you, and other information
to compile statistics and analysis about your use of our Site, products and services. We only use these for the purposes of providing a better or more appropriate user experience, products, features and functionality to you and other users in the future
to protect our rights and property

Sodexo may anonymise your personal information by cleansing it of any detail which allows you to be identified or contacted, and combine this non-personal information with that of other visitors to the Site. Sodexo may use this non-personal information for its internal business purposes, such as analysis and planning by Sodexo’s marketing and customer service departments. Sodexo may also sell or otherwise disclose information that we have anonymised to third parties including our business partners and others.

Information collected and stored automatically (including use of cookies and Google Analytics)

By visiting the Site, certain information may be automatically provided to us by your computer. For each visitor to our Site, our webservers automatically recognise the visitor’s domain name or IP address. An IP address is a number assigned to your computer when you connect to the Internet. As part of the protocol of the Internet, webservers can identify your computer by its IP address. In addition, we may collect your browser type and operating system as well as your Internet service provider (ISP), referring and exit pages, date and time stamp and/or click stream data. We collect similar information when you visit our Site on your mobile device, including mobile device brand, model, mobile operation system and carrier. Except as otherwise explained in this policy, we may combine the non-personal information that we collect from you (as described above and as described below, under ‘Cookies’) with your personal information in order to tailor our Site and enhance your online experience by saving your preferences and/or to help identify site features, advertisements and offers that may be of interest to you.

Cookies

We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. A cookie is a small file containing letters and numbers that is placed on your hard disk by a webpage server. We may also use cookies in email that we send to you. Cookies help us to improve our Site and to deliver a better and more personalised service by enabling us to:

estimate our audience size and usage pattern.
store information about your preferences, and so allow us to customise our Site according to your individual interests.
speed up your searches.
recognise you when you return to our site
monitor and understand your use of our Site and the services we provide including emails that we send you
store information on your computer for security purposes

understand which of the emails we send you were interested in

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Site. To learn more about cookies please visit www.aboutcookies.org.

Except where prohibited by law, Sodexo retains information that it collects for commercially reasonable periods of time or in accordance with its appropriate internal policy(ies). Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored once that purpose has been fulfilled. Inactive data may however continue to be used for statistical, marketing, archiving and other analytical purposes.

Google Analytics

This Site uses Google Analytics which is a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyse how the Site is used. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for the Site’s operators and providing other services relating to the Site and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. By using the Site you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Who we share your personal information with

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions of Use and other agreements
without legal process in response to a request from a law enforcement organisation relating to a criminal investigation
if the rights of another individual might be violated
to permit us to pursue available remedies or limit damage that we may sustain
to protect the rights, property, or safety of Sodexo, our employees, clients, Site users, or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction

We may disclose your personal information to third-party service providers (such as a payment processor to bill you for goods or services or an email provider to send email communications to you on our behalf). These service providers may be located in a country different from your country of residence, such as the United States or a European Union member country. These service providers are contractually required to maintain the confidentiality and security of your information. However, your information may be accessible to US or EU authorities in accordance with applicable laws.

With your prior notice and consent, we may share your name and email address with our advertising and marketing partners, third-party media companies and affiliates in order to provide the services you have requested and for marketing purposes. If you wish to stop receiving promotional communications from these third parties, please contact the third party.

Your personal information may also be subject to transfer to another company in the event that there is a transfer, change of ownership, re-organisation or assignment of the whole or part of Sodexo, its subsidiaries or affiliated companies or its assets. This will occur on condition that the parties have entered into an appropriate agreement. You will be notified via email or a prominent notice on our Site for thirty (30) days of any such change in ownership or control of your personal information.

Transferring your personal information globally and data processing

The data that we collect from you may be transferred to and stored at a destination outside of the European Economic Area (“EEA”). It may also be processed by staff operating outside of the EEA who work for Sodexo or one of our Please be aware that unless prohibited by law, your use or continued use of our Site and any mobile application we provide signifies your express consent that information may be transferred to or stored on servers and processed outside of your country of residence.

The privacy laws of countries outside of the EEA where information may be stored may not be as comprehensive or offer the equivalent protection to your country of residence. You may ask us not to make such transfers but if you do this we may be unable to provide some or all of the services offered on the Site to you.

When transferring personal information to countries outside of the EEA, we comply with appropriate UK and European Union laws. Where we transfer data we ensure that we either use standard contractual clauses approved by the European Commission, or we adopt other means to ensure that adequate safeguards are applied, or we obtain your consent to allow us to carry out the transfer. Where we transfer data to the US we ensure that the recipient abides by the Privacy Shield principles as set out by the US Department of Commerce.

Linked Sites

Data Security and Integrity

The security of the information that you provide is very important to us and we try to provide secure transmission of your information. For certain transactions we may use Secured Sockets Layer (SSL) technology to secure the transfer of your information by encrypting it.

Sodexo will take all steps necessary to protect the security of your personal information. Unfortunately, no security system is completely impenetrable, so we cannot guarantee the absolute security of our databases, nor can we guarantee that information you supply to us will not be intercepted whilst in transit to us through the Internet. You make any transmission of data at your own risk. Once Sodexo receives your information, we will use strict procedures to try to prevent unauthorised access and to protect it from loss, misuse, unauthorised access, disclosure, alteration and destruction.

If you have a username and password for any of the features on our Site, it is your responsibility to keep your password secure.

Children’s privacy

This Site is not intended to be used by children. Where any child accesses the Site, they should do so under the supervision of a parent or guardian. Sodexo does not knowingly collect personal information from children under the age of 13 or your country’s age of minority. If you believe that your child has provided us with their personal information, please email us at foodplatformservices.UKandIE@sodexo.com

and we will delete it from our systems.

Changes to the Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this site prior to the change becoming effective.

What to do if you have questions, want to access, update or delete information or opt out of receiving further communications

The Data Protection Act 1998 provides you the right to access personal information held about you by Sodexo and your right of access can be exercised in accordance with the Data Protection Act 1998.

We make every effort to ensure that the information we have is up-to-date, accurate and complete. If you wish to opt out of any direct marketing, review, amend, correct, update or delete any personal information that we have collected about you, please contact us at foodplatformservices.UKandIE@sodexo.com

DATA CONTROLLERS AND CONTACT INFORMATION BY COUNTRY:

Country	Data Controller	Contact Information
United States of America	Sodexo Inc.
France	Sodexo S.A.
United Kingdom	Sodexo Limited	One Southampton Row, Holborn, London, WC1B 5HA
Ireland	Sodexo Limited

MEDICAL NOTICE

This notice was last updated in March 2017.

The content published on the Sodexo Mindful Website at sodexo.loc/uk (the “Site”) by Sodexo Limited (“Sodexo”, ”we”, ”us”) is intended to be a general information resource in regard to the subject matter covered and is provided solely on an “as is” and “as available” basis. By using the Site or any associated mobile application, you are agreeing to abide by the Terms and Conditions of Use, the Privacy Policy and the terms set out in this medical notice (“Notice”).

You are encouraged to confirm all health and nutrition-related information set out within the Site with other sources, and to review the information carefully with an appropriately qualified healthcare professional.

Sodexo is not engaged in providing medical or similar professional services or advice, and the information provided is not intended to replace medical advice offered by physicians or other appropriately qualified healthcare professionals. If you desire or need such services or advice, you should consult the appropriate healthcare individual or organisation.

You should not construe Sodexo’s publication of any content as an endorsement by Sodexo of the views expressed herein, or any warranty of guarantee of any strategy, recommendation, treatment, action, or application of such preparations or activities made by the author of the content.

LIMITATION OF LIABILITY

Nothing in this Notice excludes or limits Sodexo’s liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for breach of any implied warranties that cannot be excluded by law.

By using the Site and accepting the Terms and Conditions of Use, you accept that Sodexo cannot be liable to you for any loss or damage you suffer as a result of visiting this Site or making use of its content. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

INDEMNITY

GOVERNING LAW AND DISPUTES

Your use of the Site and your agreement to the Terms and Conditions of Use are governed by the law of England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with the Terms and Conditions of Use and by using this Site you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually.