The use of the APP and the benefits of the Program implies the full, complete, and unconditional acceptance by the User of each and every one of the Terms of Use and Operation of the "SALdeCompras" Program and the Rules governing it, published in the B.O.P Salamanca No. 120, Friday, June 21, 2024.
PRELIMINARY: DECLARATIONS AND AUTHORIZATIONS
I declare under my responsibility to comply with the requirements set forth in the Rules of the "SALdeCompras" Program and the General Terms of Use and Operation of the Program, and I accept the commitments and obligations contained therein. I undertake to comply with the provisions of Law 38/2003, of November 17, General on Subsidies, specifically Articles 11, 13, and 14. I declare that I am not subject to any prohibitions to obtain the status of beneficiary and that I will fulfill the obligations of beneficiaries. Furthermore, I authorize the Salamanca City Council and the Municipal Society for Economic Promotion to verify my compliance with tax obligations (AEAT, TGSS, and OAGER). I commit to reimbursing the funds received in case of non-compliance with any of the conditions to obtain beneficiary status, as well as in cases of improper or fraudulent use, including the use of erroneously generated "Euros Municipio" due to any reasons resulting in the redemption of improperly generated amounts.
Additionally, I accept the processing of my personal data to fulfill the Program’s objectives, including the use of such data in media dissemination required by the General Subsidy Law.
FIRST: "SALdeCompras" PROGRAM. OBJECTIVE AND PURPOSE
The Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., launches the "SALdeCompras" Program, aimed at encouraging and promoting local proximity commerce, defined as those retail establishments with a workplace in the city of Salamanca. The Program’s goal is to boost the commercial sector in Salamanca by implementing initiatives to promote local commerce, tourism, and economic activity. Additionally, the Program aims to raise consumer awareness about the importance of supporting local businesses as generators of wealth, job creation, and economic growth for the municipality.
"SALdeCompras" is a brand designed to identify initiatives aimed at strengthening Salamanca’s local commerce. As such, "SALdeCompras" will serve as the dynamization platform for local commerce, managed by the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U.
SECOND: INITIATIVES AND BENEFITS
The "SALdeCompras" Program offers various initiatives to promote Salamanca’s local commerce through benefits such as rewards, punctual voucher campaigns, raffles, and other initiatives designed to reward citizens for their purchases in local businesses in Salamanca.
The benefits regulated in the rules will comply with Law 38/2003, of November 17, General on Subsidies, and will be managed according to the following principles:
- a) Publicity, transparency, competitiveness, objectivity, equality, and non-discrimination.
- b) Effectiveness in achieving the objectives set by the granting authority.
- c) Efficiency in the allocation and use of public resources.
2.1. Rewards. The "SALdeCompras" local commerce support program incentivizes citizens to shop in local businesses through a 6% reward on the total purchase amount. This reward is credited as "Euros Municipio" for use in Exchange Entities such as municipal services, bookstores, and gyms in the city. The reward does not apply to service purchases.
The virtual currency "Euros Municipio" is issued, defined, and configured by the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U. It is equivalent to 6% of the amount spent in local businesses participating in the Program and can be used for future purchases in Exchange Entities. The Municipal Society may configure the "Euros Municipio" currency according to parameters, including:
- • Mode of acquisition: a percentage of the purchase amount, part of the purchase, or other configurable methods.
- • Validity: businesses participating in the program and thus eligible to grant redeemable loyalty units.
- • Equivalence: the reward obtained from purchases will translate into euros usable for future purchases at exchange entities.
- • Expiry: days, months, years, or fixed dates after which unutilized "Euros Municipio" will lose their value.
2.2. Vouchers. The Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., may conduct promotional campaigns through punctual vouchers usable by consumers for purchases at local businesses participating in the "SALdeCompras" Program. The voucher value will be set during the promotional campaigns and can be redeemed at local businesses or exchange entities under the following general conditions:
- • The purchase amount where the voucher is redeemed must equal or exceed the voucher value, ensuring the full voucher amount is used in a single purchase.
- • No cash refunds will be given.
- • Vouchers will expire after the set redemption period, after which they will no longer hold any value.
- • Each campaign will specify the voucher’s usage conditions and value, notified through the App and Municipal Website.
2.3. Raffles and Other Initiatives. The Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., may organize raffles and/or other initiatives under the "SALdeCompras" Program to boost and energize the commercial activity in Salamanca.
THIRD: USERS
Users of the "SALdeCompras" Program are defined in Clause Three of the Rules and are subject to its provisions. Local businesses and exchange entities will act as collaborators in managing the benefits, with the ultimate beneficiaries being consumers, who will adhere to Articles 11, 13, and 14 of Law 38/2003, of November 17, General on Subsidies.
For the purposes of the Rules governing the "SALdeCompras" Program, consumers are defined as individuals who utilize the Program’s benefits by purchasing products at local businesses and using the "Euros Municipio" generated at Exchange Entities or other existing benefit mechanisms.
The assignment process will be carried out via the "SALdeCompras" APP, which serves as a personal and non-transferable digital tool that identifies its holder as eligible for the established benefits.
The requirements for consumers are as follows:
- a) They must be natural persons.
- b) They must be registered in the "SALdeCompras" Program.
- c) They must comply with Articles 11, 13, and 14 of Law 38/2003, of November 17, General on Subsidies, specifically:
- a. Not be subject to any prohibitions for obtaining beneficiary status as established in Article 13 of Law 38/2003.
- b. Fulfill the obligations outlined in Article 14 of Law 38/2003, specifically:
- a) Purchase products at local businesses participating in the Program to generate "Euros Municipio" and use them at Exchange Entities.
- b) Justify to the granting authority or collaborating entity, where applicable, compliance with the requirements and conditions, as well as the completion of activities and the fulfillment of the purpose for which the subsidy was granted. This will be deemed justified once the transaction has been validated, with the generated "Euros Municipio" balance available.
- c) Submit to verification processes by the granting authority or collaborating entity, where applicable, as well as other financial control and verification processes carried out by competent control bodies, both national and community-based, providing any required information during such processes.
- d) Notify the granting authority or collaborating entity of any additional subsidies, aid, income, or resources financing the subsidized activities. This notification must be made as soon as it becomes known and, in any case, before justifying the use of the received funds.
- e) Demonstrate, prior to the issuance of the award resolution, compliance with tax and Social Security obligations, as regulated, without prejudice to the provisions in the Eighteenth Additional Provision of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure (Article 13, General Subsidies Law and its corresponding Regulation).
- f) Maintain accounting records, audited documents, and other required documents in accordance with the applicable commercial and sectoral legislation for the beneficiary. They must also keep any accounting statements and specific records required by the subsidy’s regulatory rules to ensure the proper exercise of verification and control powers.
- g) Preserve supporting documents for the application of received funds, including electronic documents, while they remain subject to verification and control.
- h) Adopt dissemination measures as outlined in Section 4 of Article 18 of this law.
- i) Reimburse received funds if misuse or fraud is identified.
- j) The management of benefits will involve an individualized record of the citizens who receive them.
Consumer Registration: Individuals wishing to benefit from the Program must register on the "SALdeCompras" platform and identify themselves through the application or personal data at each business or entity when making a purchase. During the registration process or, in the case of already registered users, following the approval of the Rules, consumers must submit a Responsible Declaration through the "SALdeCompras" application. This declaration confirms their compliance with Articles 11, 13, and 14 of Law 38/2003, of November 17, General on Subsidies. Specifically, they must confirm they are not subject to any prohibitions to obtain beneficiary status and agree to the obligations of beneficiaries, providing certifications of compliance with tax obligations (AEAT), Social Security (TGSS), and local tax authorities (OAGER) at the time of registration. Certifications will remain valid for six months from issuance, and new certifications must be presented once expired to ensure continued participation in the Program.
By accepting these general terms of use and operation, the consumer consents to the verification of these certifications (AEAT, TGSS, and OAGER) by the Administration.
FOURTH: PROCEDURE
To streamline the processing of the procedure, this Program will follow a regulated and non-discretionary framework. Therefore, users who meet the requirements outlined in the Rules will be entitled to benefit from the advantages offered by the Program.
By accepting these terms and using the APP and Program benefits, the user agrees to adhere to the regulated procedure established in the "SALdeCompras" Program Rules.
FIFTH: MISUSE OR FRAUD
Any misuse or fraud (including attempts) concerning the benefits of the Program or actions deemed contrary to it, particularly those violating user obligations, will be considered a breach of these Terms by the user. In such cases, the Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., reserves the right to cancel any generated balance and/or user status of individuals involved in the fraud or attempted fraud, without prejudice to any legal actions that may arise.
Misuse includes, but is not limited to, the concealment, falsification, and/or impersonation of the user's identity. It is strictly prohibited for business owners, partners, or any individuals with ownership or control over a participating business or exchange entity to perform transactions that generate benefits or rewards within their establishment. Such actions will be considered misuse or fraud under this clause. In cases of suspected fraud supported by sufficient evidence, the Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., may take appropriate precautionary measures.
SIXTH: LIMITATION OF LIABILITY
The Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., hereinafter "ECONOMIC PROMOTION OF SALAMANCA," will not be held liable for actions taken between users or by Program participants, except as stipulated in the previous clause.
"ECONOMIC PROMOTION OF SALAMANCA" will not be liable for the use of the ACCOUNT by the holder or for any damages resulting from its use by the holder and/or bearer. It reserves the right to withdraw, cancel, and/or demand accountability from users who misuse or fraudulently use the ACCOUNT or fail to comply with the general terms of use and operation or the Rules governing the Program.
SEVENTH: PROGRAM DURATION
The "SALdeCompras" Program will remain in effect indefinitely until a formal termination is announced, which will be communicated to users in advance, specifying the date when user rights will cease. Users may withdraw from the Program at any time by notifying the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U.
Additionally, the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U. may remove a user from the Program in cases of continuous inactivity for a period of 12 consecutive months or when misuse or fraud is detected, following prior notification to the user. If a business or exchange entity withdraws from the Program without fulfilling its contractual obligations or the Rules governing the Program, the business will be solely responsible for addressing any complaints or claims from affected users resulting from non-compliance with these terms.
EIGHTH: MODIFICATIONS
The Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., and with prior approval from the Board of Directors of the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., may make punctual or permanent modifications to the Rules at any time without requiring the approval of new governing Rules. These modifications will be communicated to users, either through the website, the APP, or any other appropriate means. Continued use of the Program benefits after a modification will constitute acceptance of its contents.
There will be no limit to the number of transactions a business or consumer can perform. However, the Salamanca City Council, through the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U., may establish an expiration date for the Program, with prior notification to businesses, consumers, and exchange entities.
NINTH: COMPETENT BODIES
Instruction body: The Economic Promotion area of the Salamanca City Council.
Granting body: The resolution of settlements will be the responsibility of the Delegate Councillor for Trade and Economic Promotion, who will later inform the Board of Directors of the Municipal Society of Tourism, Trade, and Economic Promotion S.A.U.
TENTH: DATA PROTECTION
Data will be processed to carry out the necessary settlements, retained only for the strictly necessary period, and destroyed upon Program completion. Data will be processed lawfully, fairly, transparently, adequately, pertinently, limitedly, accurately, and up-to-date. By registering and/or participating, the user gives their express consent for data processing for this purpose.
The user may exercise their rights to access, rectify, cancel, or oppose at any time by notifying the Citizen Service Office, located at the Municipal Offices on c/Iscar Peyra, in accordance with Organic Law 3/2018, of December 5, on Personal Data Protection and Digital Rights Guarantees.
Businesses and ACCOUNT holders are required to keep their contact details current and updated. In accordance with Organic Law 3/2018, of December 5, on Personal Data Protection, the ACCOUNT holder is informed and consents to the inclusion of their personal data in files owned by the Salamanca City Council and the MUNICIPAL SOCIETY FOR ECONOMIC PROMOTION OF SALAMANCA, with CIF number A37400215 and registered office at Plaza Mayor, 32, 37002 Salamanca, as the entity managing the database.
The purpose of processing the data is to carry out activities related to the ACCOUNT's intended use and the contractual relationship with its holders, including analysis, statistics, profiling, and conducting promotional, advertising, and marketing actions for the PLATFORM, its affiliated businesses, and ECONOMIC PROMOTION OF SALAMANCA.
The essence of the ACCOUNT is its usability across affiliated businesses, and as such, the holder expressly authorizes the PLATFORM to share the data provided in the application and all data generated during normal system use with the businesses where the ACCOUNT is utilized or registered. This includes using the data for obtaining and redeeming currency and communicating offers, promotions, and information directly to ACCOUNT holders related to the affiliated businesses and services. Businesses and exchange entities are responsible for using consumer data solely for purposes outlined in the Program and in compliance with current data protection laws.
Should the ACCOUNT holder object to receiving advertising, offers, promotions, or information from specific businesses or ECONOMIC PROMOTION OF SALAMANCA, they may opt out via the APP or through automated opt-out options provided within promotional communications.
If the data provided pertains to a third party, the individual submitting or filling out the application form is solely responsible for ensuring the third party is informed of these Terms of Use and Operation.
Moneder, S.L.U. will process data as the data processor. Moneder, S.L.U.’s processing will include receiving, hosting, safeguarding, creating backups, and transmitting data, all conducted in systems managed or under the responsibility of Moneder, S.L.U.
Affiliated businesses and ECONOMIC PROMOTION OF SALAMANCA presume the accuracy and validity of the data provided by clients. Any inaccuracies or outdated information will exempt them from liability. Businesses are obliged to utilize communication tools responsibly for promoting their business, products, and services in good faith and to maintain the confidentiality of client data obtained through the PLATFORM.
ELEVENTH: ADDITIONAL PROVISIONS
Any matters not covered in the Program Rules and in cases of interpretation or disputes will be resolved by the Board of Directors of the Municipal Society of Tourism, Trade, and Economic Promotion of Salamanca S.A.U.
FINAL PROVISION
Consumers already registered and participating in the "SALdeCompras" Program at the time the Rules come into force will retain their user accounts. However, they must accept the new terms and provide a Responsible Declaration of compliance with Articles 11, 13, and 14 of the General Subsidies Law. By accepting these general terms of use and operation, the consumer consents to the verification of certifications (AEAT, TGSS, and OAGER) by the Administration.
Businesses, bookstores, and gyms already registered and participating in the "SALdeCompras" Program at the time the Rules come into force must reapply to the Program under the terms established in Clause 3.3 of the Rules and accept the new conditions. By accepting these general terms of use and operation, the business or exchange entity consents to continue participating in the Program and to adhere to the terms, including allowing the Administration to verify certifications (AEAT, TGSS, and OAGER).
GENERAL ASPECTS
In cases where Program benefits are utilized by minors or individuals with limited legal capacity under civil law, their representatives bear full responsibility for the correct use of the ACCOUNT and the PROGRAM. They must supervise its usage, exempting businesses, exchange entities, the Administration, and the PLATFORM manager from liability arising from potential misuse.
In the event of loss, theft, or unauthorized access to ACCOUNT credentials, the consumer must notify ECONOMIC PROMOTION OF SALAMANCA. ECONOMIC PROMOTION OF SALAMANCA is not responsible for misuse or fraudulent use of the ACCOUNT resulting from these circumstances.
Businesses must use the PLATFORM and Program benefits in compliance with the Terms of Use and Operation and the Program Rules. During the Program's validity, businesses and ECONOMIC PROMOTION OF SALAMANCA may request users present valid identification (ID or official document) as a control or validation measure.
If anomalies are detected in the accumulation of currency, the ACCOUNT holder must report the issue to the business where the anomaly occurred. ACCOUNT holders accept that they may lose all or part of the earned currency if it was obtained or generated illicitly or contrary to the Rules, even if the current holder was not responsible.
The virtual currency "Euros Municipio" allows ACCOUNT holders to transfer accumulated currency to other ACCOUNT holders via the APP. ECONOMIC PROMOTION OF SALAMANCA is not responsible for errors during the transfer process.
