Legal
Everything you need to know about how we handle your data and the terms governing use of the Posivo platform.
Posivo ("we", "us", "our") is a hospitality technology company providing cloud-based EPOS, payments and management software to businesses across Spain and Europe. We act as a data controller in respect of personal data we collect through our website and as a data processor in respect of personal data our customers process through the Posivo platform.
Our platform is hosted on Google Cloud Platform within the European Union.
We collect and process the following categories of personal data:
We use your personal data for the following purposes:
Under GDPR, we rely on the following legal bases:
We do not sell your personal data. We may share data with:
All personal data is stored and processed within the European Economic Area (EEA) on Google Cloud Platform. Where any transfer outside the EEA is required, we ensure adequate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission.
We retain personal data for as long as necessary to fulfil the purposes set out in this policy, and in accordance with legal obligations. Typical retention periods are:
Our website uses cookies to ensure it functions correctly and to understand how visitors use it. We use:
You can manage your cookie preferences at any time via the cookie settings banner on our website.
As a data subject under GDPR, you have the following rights:
To exercise any of these rights, please contact us at privacy@posivo.com. We will respond within 30 days. You also have the right to lodge a complaint with the Spanish data protection authority (AEPD) at www.aepd.es.
We implement appropriate technical and organisational measures to protect your personal data against unauthorised access, loss or destruction. These include 256-bit encryption in transit and at rest, role-based access controls, regular security audits and continuous monitoring on Google Cloud Platform. Despite these measures, no method of transmission over the internet is 100% secure; we cannot guarantee absolute security.
The Posivo platform is not directed at children under the age of 16. We do not knowingly collect personal data from children. If you believe we have inadvertently collected data from a child, please contact us immediately and we will delete it.
We may update this Privacy Policy from time to time. We will notify registered users of material changes by email and update the "Last updated" date at the top of this page. Your continued use of the platform after changes are posted constitutes acceptance of the updated policy.
For any privacy-related queries, requests or complaints, please contact our Data Protection Officer:
In these Terms of Service:
By using the Platform, you confirm that:
To access the Platform, you must create an account by providing accurate, complete and up-to-date information. You are responsible for:
Posivo reserves the right to suspend or terminate accounts where we reasonably believe credentials have been compromised or misused.
4.1 Subscription Plans. Access to the Platform is provided on a subscription basis, starting from €49 per month per site. Pricing is as set out in your agreed order form or as displayed on our website at the time of purchase.
4.2 Additional Charges. Hardware, installation, support packages and optional modules may be subject to additional charges as agreed in your order. These will be clearly communicated before purchase. There are no hidden fees.
4.3 Payment. Subscription fees are billed monthly or annually in advance. Payment is due within 14 days of invoice. We accept payment by direct debit, credit card or bank transfer.
4.4 Late Payment. Posivo reserves the right to charge interest on overdue amounts at the statutory rate applicable in Spain and to suspend access to the Platform until outstanding balances are settled.
4.5 Price Changes. We may adjust subscription fees on giving at least 30 days' written notice. Continued use of the Platform after the notice period constitutes acceptance of the new pricing.
4.6 Taxes. All prices are exclusive of VAT and other applicable taxes unless stated otherwise. You are responsible for any taxes arising from your use of the Platform.
5.1 Supply. Where Posivo supplies Hardware, title to the hardware passes to the Customer upon full payment of any applicable hardware fee, unless stated otherwise in your order.
5.2 Warranty. All Hardware supplied by Posivo carries a minimum 12-month manufacturer's warranty against defects in materials and workmanship. Extended warranty options may be available as part of a support package.
5.3 Support. Hardware support is included within applicable support packages. Damage caused by misuse, negligence, unauthorised modification or environmental factors is excluded from warranty cover.
5.4 Returns. Faulty Hardware must be reported to Posivo within the warranty period. We will arrange collection, assessment and replacement or repair at no charge where a valid warranty claim is established.
You agree not to use the Platform to:
Posivo reserves the right to suspend or terminate access immediately for any material breach of this section.
7.1 Posivo IP. The Platform, including all software, design, content, algorithms (including AI models and Gemini integrations), trademarks and documentation, is and remains the exclusive intellectual property of Posivo. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Platform solely for your internal business purposes during the Subscription term.
7.2 Customer Data. You retain all ownership of the data you input into the Platform ("Customer Data"). You grant Posivo a limited licence to process Customer Data for the sole purpose of providing the Services.
7.3 Feedback. Any feedback, suggestions or ideas you provide about the Platform may be used by Posivo to improve the Services without obligation to you.
Our use of personal data is governed by our Privacy Policy, which forms part of these Terms. By using the Platform, you confirm that you have read and understood our Privacy Policy. Where you process personal data of your customers through the Platform, you are the data controller and Posivo acts as your data processor, bound by a Data Processing Agreement (DPA) available on request.
The Platform integrates with third-party providers including payment processors (Global Payments, Musqet, Viva, Dojo), Google Cloud Platform, Google Gemini AI and Fingo biometric payments. Use of these third-party services is subject to their respective terms and privacy policies. Posivo is not responsible for the acts or omissions of third-party providers, but will use reasonable endeavours to maintain integrations and notify customers of any significant service disruptions.
10.1 Uptime. Posivo targets 99.9% platform availability, measured monthly, excluding scheduled maintenance windows. Scheduled maintenance will be communicated with at least 24 hours' notice where possible.
10.2 Support. Customer support is available 24 hours a day, 7 days a week, 365 days a year via phone, email and live chat. Response times are determined by the severity of the issue and your support package tier.
10.3 Service Credits. Where availability falls below 99.9% in any calendar month (excluding force majeure and scheduled maintenance), Customers may request a service credit equal to 10% of that month's subscription fee for each 1% below the SLA, up to a maximum of 30% of the monthly fee. Service credits are the sole remedy for availability failures.
Posivo warrants that it will provide the Services with reasonable skill and care. Except as expressly set out in these Terms, the Platform is provided "as is" and Posivo makes no warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Posivo does not warrant that the Platform will be error-free or uninterrupted.
12.1 To the fullest extent permitted by law, Posivo's total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to Posivo in the 12 months immediately preceding the event giving rise to the claim.
12.2 Posivo shall not be liable for any indirect, consequential, special, incidental or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill or business interruption, even if advised of the possibility of such damages.
12.3 Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by applicable law.
You agree to indemnify, defend and hold harmless Posivo and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform in breach of these Terms; (b) your violation of any applicable law or third-party right; (c) Customer Data uploaded to the Platform by you or your Users; or (d) any dispute between you and your customers.
14.1 Term. These Terms commence on the date you first access the Platform and continue for the initial Subscription period set out in your order, renewing automatically on a monthly or annual basis unless terminated.
14.2 Termination by Customer. You may terminate your Subscription by providing written notice at least 30 days before the end of the current Subscription period. No refunds are given for unused portions of a prepaid subscription period.
14.3 Termination by Posivo. Posivo may terminate or suspend access to the Platform immediately on written notice if you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of notice. Posivo may also terminate with 30 days' notice for any reason.
14.4 Effect of Termination. On termination, your right to access the Platform ceases immediately. Posivo will make Customer Data available for export for 30 days following termination, after which it will be securely deleted unless retention is required by law.
These Terms are governed by and construed in accordance with the laws of Spain. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Spain. For disputes involving EU consumers, the EU Online Dispute Resolution platform is available at ec.europa.eu/odr.
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or an in-platform notification. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you may terminate your Subscription before the effective date.
For any questions regarding these Terms, please contact us:
Cookies are small text files placed on your device by a website when you visit it. They are widely used to make websites work efficiently, remember your preferences, and provide information to site owners. Cookies cannot run programs or deliver viruses; they are simply data files.
Similar technologies — such as local storage and session storage — work in analogous ways and are covered by this policy.
We categorise the cookies used on posivo.co as follows:
These cookies are strictly necessary for the website to function. They do not require your consent and cannot be switched off.
| Name | Purpose | Duration |
|---|---|---|
posivo_cookie_consent |
Stores your cookie consent preference so we do not ask again | 1 year (localStorage) |
These cookies help us understand how visitors interact with our website so we can improve it. They are only set after you give consent via the cookie banner. All data is anonymised and aggregated — no individual is identified.
| Name | Provider | Purpose | Duration |
|---|---|---|---|
_ga |
Google Analytics | Distinguishes unique users | 2 years |
_ga_* |
Google Analytics | Persists session state | 2 years |
We implement Google Consent Mode v2, meaning Google Analytics does not set any cookies or collect any data until you have actively accepted analytics cookies.
We do not use any advertising or marketing cookies on posivo.co. No data is collected for retargeting or cross-site advertising purposes.
The only third-party cookie provider on this site is Google Analytics (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). Google's use of data from your visit is governed by Google's Privacy Policy. Data is processed within the EU under Standard Contractual Clauses.
You are in full control of which cookies are set:
You can also control cookies directly through your browser settings. Most browsers allow you to block or delete cookies. Note that blocking all cookies may affect the functionality of some websites. For guidance, visit:
To opt out of Google Analytics across all websites, you can install the Google Analytics Opt-out Browser Add-on.
We may update this Cookie Policy from time to time to reflect changes in technology, legislation or our data practices. We will update the "Last updated" date at the top of this page and, where changes are significant, notify you via the website banner.
If you have any questions about our use of cookies, please contact us: