Terms and Conditions

This document constitutes a legally binding agreement between you (the "User") and TracknTake S.L. ("TracknTake", "we", "our"), with registered office in Palma de Mallorca, Spain, registered in the Commercial Registry of the Balearic Islands. TracknTake operates a digital e-commerce platform connecting local retailers with end consumers. By accessing or using our services through the website https://trackntake.com, our mobile application, or any other digital means provided by TracknTake, you agree to be legally bound by these Terms and Conditions, our Privacy Policy, and all additional policies incorporated by reference. If you do not accept these terms in their entirety, you must immediately cease using our services. This agreement is governed by Spanish law and the European Union's General Data Protection Regulation (GDPR).

TracknTake S.L. is a technology marketplace platform that facilitates connections between local retail stores and end consumers in Spain. Our platform allows retailers ("Commercial Partners" or "Retailers") to publish their products and consumers ("Buyers" or "End Users") to discover, purchase, and collect them. TracknTake acts exclusively as a technology intermediary and assumes no responsibility for the quality, availability, or legal compliance of products offered by third parties. We distinguish between two types of users: (1) B2B Users - retailers who use our content management system (CMS) to publish products, manage inventory, and process orders; and (2) B2C Users - end consumers who browse, purchase, and collect products. Each type of user is subject to specific obligations and rights detailed in this document.

TracknTake collects and processes personal data in accordance with the GDPR (Regulation (EU) 2016/679) and Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD). Data collected includes: (A) For Commercial Partners (B2B): identification data (business name, CIF/NIF, tax address, name and surname of legal representative), contact data (email, phone, postal address), banking data for payment settlement, product and inventory data, transactional and sales data, store geolocation data, and navigation and CMS platform usage data. (B) For End Users (B2C): identification data (name, surname, DNI/NIE if necessary for invoicing), contact data (email, mobile phone), payment data processed through secure gateways (Stripe), purchase history and preferences, geolocation data for nearby product search, and navigation data through cookies. The legal basis for processing is: contract execution, explicit user consent, compliance with legal obligations (invoicing, data protection), and TracknTake's legitimate interest to improve services and prevent fraud.

Personal data collected is used exclusively for the following purposes: (1) Service provision: creation and management of user accounts, processing of orders and transactions, facilitation of communication between Commercial Partners and End Users, sending notifications about order status, management of claims and customer service. (2) Service improvement: analysis of browsing and purchasing behavior through Google Analytics and Mixpanel (anonymized data), personalization of product recommendations, user experience optimization, market studies and aggregated statistics. (3) Legal compliance: issuance of electronic invoices according to Spanish tax regulations, fraud prevention and anti-money laundering, response to judicial or administrative requirements. (4) Commercial communications (only with prior consent): sending newsletters with offers and news, personalized promotions based on purchase history. TracknTake does not sell or rent personal data to third parties. We share data only with: essential service providers (Stripe for payment processing, Google Maps/Mapbox for geolocation, Algolia for product search, cloud hosting and storage services), Commercial Partners (only data necessary to fulfill orders: buyer name, phone, order details), and competent authorities when required by law.

TracknTake implements technical and organizational security measures in accordance with Article 32 of the GDPR to protect personal data against accidental or unlawful destruction, loss, alteration, disclosure or unauthorized access. Measures include: (1) Technical security: SSL/TLS encryption in all communications (HTTPS), encryption of data at rest in databases, multi-factor authentication (MFA) for Commercial Partner CMS access, firewalls and intrusion detection systems, daily automated encrypted backups, data segregation by environment (production/development), role-based access limitation (RBAC). (2) Organizational security: access control policy with quarterly reviews, confidentiality agreements with employees and providers, annual data protection training for staff, security incident management procedures, periodic security audits. (3) Payment processing: all credit/debit card data is processed exclusively by Stripe, a PCI-DSS Level 1 certified provider; TracknTake does not store complete payment card data. (4) Security breach notification: in the event of a personal data breach posing a risk to users' rights and freedoms, TracknTake will notify the Spanish Data Protection Agency (AEPD) within 72 hours of becoming aware, and communicate to affected parties without undue delay when the risk is high.

In accordance with the GDPR and LOPDGDD, all users have the following rights regarding their personal data: (1) Right of access (Art. 15 GDPR): request confirmation of whether TracknTake processes your personal data and obtain a copy thereof. (2) Right of rectification (Art. 16 GDPR): correct inaccurate or incomplete data through account settings or by requesting it at support@trackntake.com. (3) Right to erasure "right to be forgotten" (Art. 17 GDPR): request deletion of your data when no longer necessary, consent is withdrawn, or processed unlawfully. Limitation: TracknTake may retain data when legal obligations exist (e.g. invoices must be kept for 4 years under Spanish tax regulations). (4) Right to restriction of processing (Art. 18 GDPR): request that certain processing operations be restricted while verifying data accuracy or processing legitimacy. (5) Right to data portability (Art. 20 GDPR): receive your data in a structured, commonly used and machine-readable format (JSON/CSV), and transmit it to another controller. (6) Right to object (Art. 21 GDPR): object to processing of personal data for reasons related to your particular situation, especially for direct marketing. (7) Right not to be subject to automated decisions (Art. 22 GDPR): not be subject to decisions based solely on automated processing, including profiling. To exercise any of these rights, send a request to: Email: support@trackntake.com or dpo@trackntake.com. Postal address: TracknTake S.L., [Complete address], Palma de Mallorca, Spain. TracknTake will respond within a maximum of 1 month from receipt of the request. If not satisfied with the response, you may file a complaint with the Spanish Data Protection Agency (AEPD): www.aepd.es.

TracknTake retains personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, and resolve disputes. Retention periods are: (1) Active account data: while the account is active and for 12 additional months after last activity. (2) Transactional data (invoices, orders, payments): minimum 4 years from issuance date, in accordance with Article 30 of the Commercial Code and Spanish tax regulations (Law 58/2003 General Tax Law). This data is kept in read-only format after account closure. (3) Customer support communications data: 2 years from last interaction. (4) Marketing data (if consented): until consent is withdrawn or 3 years elapse without interaction. (5) Access and security logs: 2 years for audit and fraud prevention purposes. (6) Anonymized/aggregated data: indefinitely for statistical studies, as it does not permit personal identification. After account closure by the user: identifiable personal data is deleted or anonymized within a maximum of 30 days, except data subject to legal retention obligations (invoices, accounting records). Commercial Partners who cease activity will receive a file with their transactional data for tax compliance before deletion.

TracknTake uses cookies and similar technologies (web beacons, tracking pixels, local storage) in accordance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE). Types of cookies used: (1) Strictly necessary cookies (no consent required): session cookies for user authentication, security cookies to prevent CSRF attacks, server load balancing cookies. (2) Functionality cookies (consent required): language preferences (es/en), display settings (dark/light mode), shopping cart data, remember selected geographic location (Madrid/Mallorca). (3) Analytics cookies (consent required): Google Analytics (GA4) for web traffic and user behavior analysis, Mixpanel for event analysis and conversion funnel. These cookies may transfer data to the US under the EU-US Data Privacy Framework. (4) Marketing cookies (consent required): advertising campaign tracking, remarketing and ad personalization (if applicable). Cookie management: When first accessing TracknTake, a GDPR-compliant cookie banner is displayed. You can accept all cookies, reject non-essential ones, or customize your preferences. You can modify your preferences anytime from the "Cookie Settings" link in the footer. You can also configure your browser to block cookies: Chrome: Settings > Privacy and security > Cookies; Firefox: Options > Privacy and security; Safari: Preferences > Privacy. Note: Blocking essential cookies may affect website functionality.

TracknTake integrates third-party services to offer advanced functionalities. These providers act as data processors in accordance with Article 28 of the GDPR, and are contractually obligated to protect personal data: (1) Stripe (payment processing): securely processes payment data with PCI-DSS Level 1 certification. TracknTake does not store complete card data. Privacy policy: stripe.com/privacy. (2) Google Analytics 4 (web analytics): collects anonymized data about navigation, pages visited, session duration, device used. Transfer to US under Data Privacy Framework. You can disable Google Analytics by installing the add-on: tools.google.com/dlpage/gaoptout. (3) Mixpanel (event analytics): tracks user events (clicks, searches, purchases) to optimize experience. Pseudonymized data. Privacy policy: mixpanel.com/legal/privacy-policy. (4) Google Maps API and Mapbox (geolocation services): used to display store locations and address autocomplete. GPS coordinates transferred. (5) Algolia (search engine): indexes products and stores for fast search. Data transmitted: search queries, filter preferences. (6) Hosting and cloud storage providers: infrastructure located in the European Union with GDPR-compliant servers. All providers have signed Data Processing Agreements (DPA) including EU Standard Contractual Clauses where international transfer applies.

Some personal data processing operations may involve international transfers outside the European Economic Area (EEA), specifically to the United States, due to the use of third-party services (Stripe, Google Analytics, Mixpanel). TracknTake ensures these transfers comply with the GDPR through the following mechanisms: (1) EU-US Data Privacy Framework: providers like Google and others adhering to the framework certified by the European Commission as providing adequate protection (Implementing Decision (EU) 2023/1795). (2) Standard Contractual Clauses (SCC): for providers not covered by the Data Privacy Framework, TracknTake subscribes to Standard Contractual Clauses approved by the European Commission (Implementing Decision (EU) 2021/914), which establish contractual data protection obligations. (3) Supplementary security measures: in addition to contractual safeguards, additional technical measures are implemented such as data encryption in transit and at rest, pseudonymization where possible, and limitation of access to personal data only when strictly necessary. TracknTake performs transfer impact assessments (TIA) in accordance with European Data Protection Board (EDPB) recommendations to ensure transfers do not compromise data subjects' rights. You can request more information about specific safeguards applied to international transfers by contacting dpo@trackntake.com.

TracknTake operates under a transaction commission model for Commercial Partners (B2B): (1) Transaction commission: 3% of the total value of each order completed and paid through the platform. Commission is calculated on the final product price (including VAT if applicable). Commission is automatically deducted from the amount transferred to the Commercial Partner. (2) Payment processing: End User payments are processed through Stripe. Stripe processing fees (generally 1.5% + €0.25 per transaction in the EU) are absorbed by TracknTake and not charged additionally to the Commercial Partner. The Commercial Partner receives 97% of the product price (100% - 3% TracknTake commission). (3) Settlement schedule: TracknTake transfers funds to the Commercial Partner via SEPA bank transfer within 7 business days after order pickup confirmation by the End User. Commercial Partners can view a detailed breakdown of transactions, commissions, and transfers in the CMS panel. (4) Invoicing: TracknTake issues a monthly electronic invoice to the Commercial Partner for commissions charged, in accordance with Spanish tax regulations. The Commercial Partner is responsible for issuing the sale invoice to the End User if requested. (5) Taxes: All commissions are subject to VAT (21% in Spain) according to current legislation. Commercial Partners are responsible for their own tax obligations derived from sales made. (6) No hidden costs: There are no sign-up fees, monthly subscriptions, or maintenance costs. The only cost for Commercial Partners is the 3% commission per successful transaction. (7) Cancellation: Commercial Partners can cancel their account at any time without penalty. Commissions pending payment up to the cancellation date will be settled according to the established schedule.

If we make any material changes to the Privacy Policy, we will notify you via email or through the platform. The revised Privacy Policy will be effective from the date mentioned in the notification.

For any privacy-related inquiries or requests, you can contact our support team at support@trackntake.com.

By clicking 'I Agree' during the account registration process, you acknowledge that you have read, understood, and agreed to this Privacy Policy.

By accessing or using TracknTake, you agree to comply with these terms of use.

By accessing or using TracknTake, you agree to abide by these terms of use.

TracknTake users assume specific responsibilities according to their role: (A) Commercial Partner Responsibilities (B2B): (1) Product information: maintain up-to-date and accurate all product information published on the platform, including real-time availability, correct prices (VAT included), truthful and complete descriptions, quality images that faithfully represent the product, allergen information (if applicable to food products). (2) Legal compliance: ensure all products offered comply with applicable Spanish and European legislation (safety regulations, labeling, health permits for food, etc.), possess all necessary licenses and permits to operate the business and sell the products offered, comply with tax obligations (VAT, income tax, corporate tax), respect intellectual property rights (not sell counterfeit or unauthorized products). (3) Order management: confirm or reject orders within 2 hours following receipt, prepare orders according to indicated processing times, notify End User when order is ready for pickup, deliver correct product in perfect condition. (4) Customer service: respond to End User inquiries professionally and promptly, manage claims and returns in accordance with Spanish General Law for Consumer Protection (Royal Legislative Decree 1/2007), issue invoices when requested by End User. (5) CMS usage: not share access credentials with unauthorized third parties, protect confidentiality of End User data obtained through orders. (B) End User Responsibilities (B2C): (1) Truthful information: provide correct contact data to receive order notifications, verify store address and pickup hours before placing order. (2) Payment and pickup: complete payment when placing order, pick up order within timeframe indicated by Commercial Partner (generally 24-48 hours), if unable to pick up order, notify store in advance. (3) Responsible use: not make fraudulent orders or with intent not to pick them up, not use platform for illicit activities. Failure to comply with these responsibilities may result in account suspension or cancellation, without prejudice to applicable legal actions.

Accurate product information is crucial for providing a positive user experience and enabling effective transactions between stores and clients. Inaccurate or outdated information may result in client dissatisfaction, order discrepancies, and potential loss of business opportunities.

TracknTake emphasizes the importance of timely updates to product information. If inaccurate or outdated information is detected, store users may receive warnings or notifications from our platform. Continued failure to update and maintain accurate product information after receiving multiple warnings may result in temporary or permanent removal of store access to the platform. The decision to suspend or terminate access will be made at the discretion of TracknTake, taking into consideration the impact on users and the overall functionality of the platform.

TracknTake is committed to protecting the privacy and security of all users' data, including store users and clients. Any personal or sensitive information collected through the platform will be handled in accordance with applicable data protection laws and regulations. The platform will have a separate Privacy Policy detailing the collection, use, storage, and disclosure of personal data.

Users of TracknTake must respect the intellectual property rights of others. Store users should ensure that the product information they upload, including images and descriptions, does not infringe upon any third-party copyrights, trademarks, or other intellectual property rights. Any content found to be in violation will be subject to removal, and repeat offenders may face account suspension or termination.

The following content are strictly prohibited on the platform:

In the event of a dispute between a store user and a client arising from their use of the TracknTake platform, both parties agree to first attempt to resolve the matter amicably through informal negotiation. If the dispute remains unresolved after a reasonable period of negotiation, the following formal dispute resolution and mediation process will be followed: Notification of Dispute, Mediation Request, Mediation Process, Good Faith Participation, Confidentiality, Binding Nature of Agreement, Failure to Reach a Resolution.

TracknTake acts exclusively as a technology intermediary between Commercial Partners and End Users. Liability limitation is established in accordance with Article 17 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE): (1) No product liability: TracknTake does not manufacture, store, distribute or control the quality, safety, legality or suitability of products offered by Commercial Partners. Responsibility for products (defects, expiration, non-compliance with regulations) rests exclusively with the selling Commercial Partner. TracknTake is not party to the sale contract between Commercial Partner and End User. (2) Contractual relationship: The sale contract is entered directly between the Commercial Partner (seller) and End User (buyer). TracknTake provides the technology platform but is neither seller nor buyer. Commercial Partners are responsible for complying with Spanish General Law for Consumer Protection (Royal Legislative Decree 1/2007), including legal guarantees, right of withdrawal (if applicable), and claim resolution. (3) Platform limitations: TracknTake strives to maintain the platform available 24/7, but does not guarantee uninterrupted access due to scheduled maintenance, technical failures, or force majeure. TracknTake does not guarantee accuracy, timeliness or completeness of information published by Commercial Partners. (4) Liability exclusion: TracknTake will not be liable for: losses or damages derived from defective, expired or non-conforming products acquired through the platform, disputes between Commercial Partners and End Users (delivery failures, product discrepancies, etc.), loss of profits, data, or indirect or consequential damages, misuse of platform by users, service interruptions caused by external service providers (Stripe, servers, etc.). (5) Quantitative limitation: In no event shall TracknTake's total liability to a user, for any cause, exceed the amount of commissions paid by that user to TracknTake in the 12 months prior to the event that gave rise to liability (for Commercial Partners). For End Users, maximum liability shall not exceed the amount of the specific order in question. (6) Consumer rights: The foregoing does not limit consumers' inalienable rights established by Spanish and European legislation. End Users retain all their consumer rights against the selling Commercial Partner.

TracknTake reserves the right to modify or update the Terms of Use Policy as needed. TracknTake will notify all users of any changes as well as publishing the specific date when the revised terms have come into effect.

For any conflict between the contracting parties, doubt about the interpretation or performance of this Agreement, the Parties submit to the Courts of Palma de Mallorca, waiving their own jurisdiction if they corresponded.

The following terms and conditions govern your use of the TracknTake platform.

Each third-party store using TracknTake is an independent entity responsible for handling their discussions and interactions with their clients. TracknTake does not participate in, mediate, or take responsibility for any disputes or transactions between the stores and their clients.

TracknTake shall not be held liable for any losses, damages, or disputes arising from the use of TracknTake or interactions between stores and their clients. Users agree to release TracknTake from any claims or demands related to such disputes or transactions.

TracknTake reserves the right to terminate or suspend access to the CMS platform if users violate the terms of use or engage in prohibited activities.

All content and materials provided on TracknTake, including but not limited to logos, trademarks, text, graphics, and images, are the intellectual property of TracknTake or its licensors. Users are prohibited from using, reproducing, or distributing any of these materials without prior written consent from TracknTake.

Users are strictly prohibited from engaging in any illegal, fraudulent, or unauthorized activities on the platform. This includes but is not limited to hacking, distributing malware, spamming, or any action that violates applicable laws or TracknTake's policies. Violations may result in account suspension or termination, and, if necessary, legal action.

TracknTake reserves the right to monitor and moderate user-generated content posted on the platform. Any content found to be offensive, inappropriate, or violating the terms of use may be removed or edited without prior notice. Repeat offenders may face account suspension or termination.

Users agree to indemnify and hold TracknTake harmless from any claims, damages, losses, or liabilities arising from their use of the platform, their interactions with clients, or any violation of the terms and conditions. This includes any legal fees incurred by TracknTake in defending against such claims.

The Terms and Conditions Policy shall be governed by the laws of the jurisdiction in which TracknTake is based. Any disputes arising from or related to the use of the platform shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.

TracknTake reserves the right to modify or update the Terms and Conditions Policy at any time. Users will be notified of any material changes, and continued use of the platform after such modifications constitutes acceptance of the revised terms.

The Terms and Conditions Policy, along with the Privacy Policy and any other relevant policies or agreements, constitute the entire agreement between users and TracknTake concerning the use of the CMS platform. Any prior agreements, understandings, or representations are hereby superseded.

If any provision of the Terms and Conditions Policy is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

The failure of TracknTake to enforce any provision of the Terms and Conditions Policy shall not be construed as a waiver of that provision or the right to enforce it at a later time.

TracknTake is a technology intermediation platform that connects Commercial Partners with End Users. TracknTake is NOT the seller of products and, therefore, does NOT grant warranties on products sold through the platform. All legal and commercial warranties are the exclusive responsibility of the selling Commercial Partner, in accordance with Spanish consumer protection legislation.

The Commercial Partner is solely responsible for: (1) Legal conformity guarantee (Art. 114-127 of Royal Legislative Decree 1/2007): products must conform to the sale contract, function correctly, and correspond to the description provided. Minimum term: 3 years for durable products, 2 years for other consumer goods from delivery. Consumer may opt for repair, replacement, price reduction or contract resolution in case of non-conformity. (2) Commercial warranty (voluntary): manufacturer or seller may offer additional commercial warranties (e.g. 5-year manufacturer warranty). These must be clearly specified in writing. (3) Defective or dangerous products: seller must immediately withdraw products posing health or safety risks, notify competent authorities and TracknTake, offer full refund or replacement to affected parties. (4) Food products: food must comply with food safety regulations, correct labeling (allergens, expiry date, nutritional information), adequate storage conditions.

Commercial Partners must provide End Users, clearly and accessibly: (1) Information on legal conformity guarantee: duration (2-3 years), procedure to exercise warranty rights, seller contact details. (2) Information on manufacturer commercial warranties (if applicable). (3) Store return and exchange policy. (4) Seller identification data: business name, CIF/NIF, physical address. This information must be available at the physical establishment and, when possible, included in order communication.

If an End User contacts TracknTake with a warranty claim: (1) TracknTake will redirect the End User to the selling Commercial Partner, providing contact details. (2) Commercial Partner must respond to claim within a maximum of 7 calendar days. (3) If Commercial Partner does not respond or unjustifiably refuses to comply with warranty obligations: TracknTake may mediate in communication, End User will be informed of their rights to file claim with consumer authorities, TracknTake may suspend Commercial Partner account for non-compliance with legal obligations. (4) Right of withdrawal (online purchases only if applicable): For products acquired through mobile application (distance selling), consumer has right of withdrawal of 14 calendar days from product receipt (Art. 68-79 of Royal Legislative Decree 1/2007). Exceptions: perishable products (fresh food), personalized products, sealed products that cannot be returned for hygiene reasons (e.g. opened cosmetics). Commercial Partner must clearly inform about this right and facilitate its exercise.

The use of our service is subject to the following restrictions. The following activities are not allowed: Any activity that violates any law, statute, ordinance, or regulation. Activities that violate PayPal's Acceptable Use Policy. The sale of illegal products or services. The sale of counterfeit or unauthorized products. Activities that promote hate, violence, harassment, or any form of discrimination. We implement compliance controls including web evaluation, pre-listing investigation, ongoing reviews, and fixed inventory management.

Partnering with TracknTake means being part of a network that prioritizes transparency and customer satisfaction. By ensuring that all warranty processes are smooth and well-communicated, together, we can offer users a seamless and positive shopping experience.